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Car fire at Lewiston and Meadville roads in Alabama

By Billie Owens

A car fire "with complications" is reported at Lewiston and Meadville roads in Alabama. Alabama firefighters are dispatched.

UPDATE 5:46 p.m.: Apparently the fire is out. No idea what the complications were. The vehicle was a Chevy Camaro registered to a Gasport driver. A tow was called to haul it away.

UPDATE 5:50 p.m.: Alabama is back in service.

Car fire on Clipnock Road, Stafford

By Billie Owens

A car fire is reported at 9156 Clipnock Road in Stafford. The Stafford Fire Department is responding.

UPDATE 11:42: A firefighter on scene reports the vehicle owner is using a fire extinguisher on the blaze and has it under control.

UPDATE 11:58 a.m.: The fire is out. Stafford is back in service.

Photos: Olympic soccer clinic at GCC

By Howard B. Owens

Soccer players from throughout the region were in Batavia on Saturday for an Olympic soccer clinic. These photos are from a session held at Genesee Community College in the afternoon.

Photos: 31st Annual GCC Fashion Show

By Howard B. Owens

It was all about looking good today at GCC as the college hosted its 31st annual fashion show, this year titled "Soiree."

Hundreds of students and faculty participated. Students from the fashion business program showed off their design skills and students from the tourism and hospitality management program helped put the program together.

Several local businesses also donated services to help make the show possible.

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

Photos: Healthy Kids Day at the Y

By Howard B. Owens

Genesee County children were invited to the YMCA today to kick-off spring and summer with Healthy Kids Day, a free community event where children could play, exercise, meet firemen, the Muckdog's mascot and learn about healthy choices.

Barn fire reported on Sparks Road in Pavilion

By Howard B. Owens

Pavilion Fire Department, non-emergency, is responding to a barn fire that's almost out at 6305 Sparks Road, Pavilion.

The call started with a report about 15 minutes ago of an unknown type fire in the area of Sparks Road and Transit Road.

A lot of smoke was reported in the area.

It's unclear how the fire got to the point that it's almost out.

UPDATE 8:27 p.m.: Bethany Fire Department was also dispatched to this, now both Pavilion and Bethany are providing mutual aid to put out a structure fire on Wyoming Road in Wyoming County.


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Photo: Drug drop off at Batavia PD

By Howard B. Owens

Today you can get rid of outdated or unneeded medications safely with no questions asked at drug drop-off points throughout the county.

There is one behind the Batavia PD station, one at the Le Roy PD and Pembroke Town Highway barn on routes 5 and 77.

Drugs can be dropped off until 2 p.m.

Photo: Silent walk in Downtown Batavia to remember crime victims

By Howard B. Owens

Dozens of local residents walked through downtown late this evening in memory of crime victims as part of Crime Victims Week. After the walk, people gathered at City Centre for a talk by Sandie Bellows, a survivor of a harrowing crime.

Local congressional candidate reportedly has previously fallen behind on property taxes

By Howard B. Owens

David Bellavia has fallen behind on his property taxes and city fees in recent years, the Buffalo News reported today, and while he has paid penalties for being late, he's up-to-date on all of his payments currently.

The Batavia resident is running for the GOP nomination in the 27th Congressional District.

According to the Buffalo News, Bellavia has paid more than $700 in penalties for being late on school property taxes and has been assessed more than $100 in penalties for being late with water and sewer payments.

Bellavia told the News he's had his struggles with finances just like any average Western New York resident.

“I’m not a millionaire; I’m not a country club Republican,” he said. “Yes, my family on occasion has been late paying bills, but they are paid in full, including fees and interest.”

The Iraq War veteran earns money from book sales and according to the News recently sold a movie script to Hollywood.

Bellavia, who backed Tea Party candidate Jack Davis in the May 2011 special election won by Kathy Hochul, is running against former Erie County administrator Chris Collins. Jane Corwin, the GOP nominee who lost the special election in the heavily Republican district was reportedly tightly aligned with Collins and Collins is reportedly working now with the Corwin campaign team.

Photo: File photo.

Photos: BID awards luncheon

By Howard B. Owens

Coffee Culture won the Spirit of Downtown Business Award on Friday, presented by the Business Improvement District.

Brenda Richardson (center in the photo above), manager of Coffee Culture, accepted the award and was praised for her efforts to make Coffee Culture a vital part of downtown life and business. 

Another Spirit of Downtown Business Award went to Tonawanda Valley Federal Credit Union and the BID Volunteer Award went to Susan Blanchard. Blanchard is out of town and accepting on her behalf were Travis Minor and Carolyn Pratt.

Dorian Ely, of the Genesee County Office for the Aging, was also presented with a BID Volunteer Award, for her the time and effort she volunteers for the BID.

BID Director Don Burkel

BID President John Roche

Design Committee Chair Victor Gautieri

Promotion Commitee Chair Mary Valle

Law and Order: Pistol permit holder accused of brandishing handgun

By Howard B. Owens

Steven M. Mogle, 56, of 28 Greenbriar Drive, Lancaster, is charged with menacing, 2nd. Mogle was charged after he allegedly brandished a handgun during an argument over a parking spot with another driver at Tully's on East Main Street, Batavia. Mogle has a NYS pistol permit for the weapon.

Stacy Lynn Maholick, 24, of Route 20 Alexander, is charged with falsifying business records, 1st, and petit larceny. Maholick is accused of completing 11 false merchandise returns and taking cash for the returns while employed at Radio Shack on Veterans Memorial Drive, Batavia.

Brian Paul Griffen, 27, of South Pearl Street, Oakfield, is charged with burglary, 3rd, and grand larceny, 4th. Griffen was arrested in connection with an alleged incident reported at 11 p.m., June 7. No further details were released.

Jacob W. Johnson, 24, of 2609 School St., East Pembroke, is charged with criminal contempt, 2nd. Johnson is accused of harassing a woman who is protected by a court order.

New correction officers graduate from academy

By Howard B. Owens

Press release:

The Genesee County Sheriff’s Office recently filled two vacant correction officer positions with the hiring of Michael J. Robinson and Michael E. Glow. These two correction officers graduated in a class of 20 from the Erie County Basic Corrections Academy yesterday, April 26, 2012.

The speakers at the graduation were Erie County Undersheriff Mark Wipperman and Erie County Deputy Executive Richard Tobe. Training at the academy included instruction in the care and custody of inmates, inmate supervision, defensive tactics, firearms training, and other topics pertaining to corrections.

Correction Officer Michael J. Robinson is a 2000 high school regents graduate from Oakfield-Alabama Central School and a 2003 graduate from Genesee Community College with an Applied Associate Degree in Criminal Justice. C.O. Robinson was previously employed as a mental health therapy aide for the New York State Office of Mental Health and as a security guard for Batavia Downs. C.O. Robinson enjoys roller and ice hockey and is Booster Chairman of American Legion Post 626 in Alabama, New York. He is a current resident of Elba.

Correction Officer Michael E. Glow is a 1998 graduate from Batavia High School and a 2002 graduate from Hilbert College with a Bachelor of Science Degree in Criminal Justice. C.O. Glow was previously employed as a collector for Admin Recovery, Creditors Interchange, Evans Law & Everest Receivable as well as being a foster care attendant for Genesee County Social Services. C.O. Glow is affiliated with Hometown Hoops for Hope and is a basketball counselor at YMCA’s Camp Hough and at Hilbert College’s basketball camp. He is a current resident of Batavia.

Sheriff Maha stated, “Correction officers Robinson and Glow are great assets to the Genesee County Sheriff’s Office Jail Division. They are both very dedicated, hard-working, and responsible employees. We are pleased to have them as part of our team."

Photos: Kiwanis and bar association present local criminal justice awards

By Howard B. Owens

The Batavia Kiwanis Club and the Genesee County Bar Association held their annual Law Day dinner at Bohn's Restaurant on Wednesday night.

Deputy Brian Thompson (top photo) received the Kathy Seymore Volunteer Service Award.

Winners of Criminal Justice Awards were: Andre R. Dunlap, investigator, New York State Police Troop “A”; David E. Gann, retired from the Genesee County District Attorney’s Office (second photo); Edward M. Minardo, currently jail superintendent; Michael A. Messina, chief of police, Buffalo/Batavia Veterans Administration Police Forces, and Colleen M. Marve, coordinator, Justice for Children Advocacy Center.

The Pembroke High School Mock Trial Team was honored for winning the regional championship (third photo).

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

After the jump (click on the headline), the press release for the awards:

Press release:

Kiwanis President David Chua announced the awards during a dinner held at Bohn’s Restaurant on Thursday, April 26, 2012. The awards dinner was held in partnership with the Genesee County Bar Association during its observance of Law Day. The honored speaker at the dinner was Hon. Robert C. Noonan, Genesee County Court judge.

Description of the Award

The Kiwanis Club of Batavia Criminal Justice Award is presented to a member of the community, law enforcement, or a criminal justice agency serving the citizens of Genesee County whose exceptional career achievements and conscientiousness to citizenship have demonstrated a spirit of selfless public service or demonstrated an act of exceptional valor or heroism.

2012 AWARD RECIPIENTS

Andre R. Dunlap – Investigator, New York State Police Troop “A”
Investigator Dunlap is a 21-year veteran of the New York State Police.  Throughout his illustrious career, Investigator Dunlap has received numerous letters of appreciation from the public and partner police agencies for his professionalism and superlative law enforcement service. Investigator Dunlap is a recipient of the Lila McNall Award for his outstanding contribution to the Children’s Services Division of the Genesee County Department of Social Services and a past recipient of Genesee County MADD award for superb DWI enforcement. He is a member of the Kiwanis Club of Batavia and a participant in the Ride for Roswell. Investigator Dunlap continues to serve the citizens of Genesee County in a professional and civic manner and was nominated for this award by New York State Police Captain Steven Nigrelli.

David E. Gann – Genesee County District Attorney’s Office (retired)
David E. Gann was a member of the Genesee County District Attorney’s Office for 31 years prior to his retirement on December 30, 2011. Mr. Gann served as Sr. Assistant District Attorney and had vast trial and case appeal experience. He was responsible for the prosecution of several major felony drug cases and was an authority on D.N.A. evidence. David Gann was an ultimate public servant, never shying away from extra work. He was available on a 24/7 basis for law enforcement agencies and was regularly called out in the middle of the night to draft search warrant applications and provide legal advice to police. His ethics, intelligence, knowledge of the law and dedication to his job earned him the well-deserved respect of the judiciary, law enforcement and colleagues. In January 2012, Mr. Gann was awarded the prestigious Robert M. Morgenthau Award presented to him by the District Attorneys’ Association of the State of New York in recognition of his many accomplishments. Mr. Gann was nominated for this award by District Attorney Lawrence Friedman.

Edward M. Minardo – Genesee County Sheriff’s Office
Edward M. Minardo currently serves as jail superintendent of the Genesee County Jail. He served as director of Genesee Justice from 2005 through 2010 when he voluntarily relinquished his job in order to meet budgetary constraints and keep Genesee Justice programs intact. Mr. Minardo kept a positive attitude and was instrumental in establishing the Genesee Justice Foundation in hopes of raising funds for Genesee Justice. He also plays an important role in raising funds for the Child Advocacy Center and is a believer in restorative justice.   During his tenure as director of Genesee Justice, Ed served as chair of the Genesee County Criminal Justice Council, promoting cooperation and collaboration of all criminal justice and support agencies within Genesee County.  Mr. Minardo is president-elect of the Kiwanis Club of Batavia and was nominated for this award by Sheriff Gary T. Maha.

Michael A. Messina – Chief of Police, Buffalo/Batavia Veterans Administration Police Forces
Michael A. Messina is currently chief of police for the Buffalo and Batavia Veterans Administration Police Forces. Under Chief Messina’s leadership, the Batavia V.A. Police Force has become an important partner in our local criminal justice community. Chief Messina has established relationships with area law enforcement and service organizations, which benefits our community. During National Crime Victims’ Rights Week, Chief Messina provided resources and information on the topic of “Coming Home….Challenges and Opportunities for Returning Veterans." He also assisted with organizing and participating in this excellent program. Chief Messina exemplifies the conscientiousness to citizenship and spirit of selfless public service. Chief Messina was nominated for this award by Batavia City Police Detective Sergeant Patrick Corona.
       
Colleen M. Marvel – Coordinator, Justice for Children Advocacy Center
Colleen Marvel started working for Genesee Justice in 1999. In 2000, she was assigned to the Justice for Children Advocacy Center and in 2001 became its coordinator. Colleen put her heart and soul into the Child Advocacy Center and worked tirelessly to assist and serve sexually abused children from the GLOW area. She worked very closely with law enforcement, social services, district attorneys and other support agencies in the quest to prevent sexual child abuse and to prosecute those who committed such crimes. She made herself
available 24/7, whenever the Child Advocacy Center was needed. Colleen has a bachelor’s degree in Professional Studies from SUNY Plattsburg and resides in the Town of Pavilion with her 5-year-old daughter, Grace. Colleen will be leaving the Child Advocacy Center on May 11, 2012, as she has accepted a position in Wyoming County. Ms. Marvel was nominated for this award by Sheriff Gary T. Maha.

Kiwanis President Dave Chua presented the awards on behalf of the Kiwanis Club of Batavia.

CHARLES L. MANCUSO AWARD

The Charles L. Mancuso Award was presented to the members of the Pembroke High School Mock Trial Team as winners of the 2012 GLOWS (Genesee, Livingston, Orleans, Wyoming and Steuben counties) District Competition in the New York State Bar Association High School Mock Trial Tournament. The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen”, Mr. Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death six years ago. The Pembroke High School team members honored at the dinner include: Patrick Burns, Dean Cullinan, Cale Fryer, Rachel Seweryniak, Joelle Fugle, Brett Jones, Andrew Reynolds, Brandon Kohorst, Benjamin Reiner, Christian Burns, Justin Sformo, Eva Reda-Kendrick, Sabrina Sanner and Karen Glomb.

Genesee County District Attorney Lawrence Friedman, who serves as coordinator of the local Mock Trial Program, and Genesee County Bar Association President Durin Rogers presented the award.

KATHY SEYMOUR VOLUNTEER SERVICE AWARD

The Genesee Council on Alcoholism and Substance Abuse (GCASA) presented its Kathy Seymour Volunteer Service Award during the dinner. This award is presented to a citizen, volunteer, law enforcement officer or emergency medical service provider whose actions and commitment have helped to make our community a safer place. This year’s award was presented to Deputy Brian A. Thompson of the Genesee County Sheriff’s Office. Deputy Thompson has served for many years as a volunteer on the DWI Victim Impact Panel and speaks of the consequences of being arrested for DWI.

The award was presented by Barbara Maryniak, Victim Impact Panel coordinator, GCASA.

Farm Bureau president praises decision on family farm labor

By Howard B. Owens

Dean Norton, president of the NYS Farm Bureau, and Elba resident, provided the following statement on the Department of Labor's decision regarding proposed rule changes for children working on farms:

We at NYFB are extremely grateful for the public outcry over the regs that UDOL had proposed and appreciate the action by the farming community to make their collective voice heard on what would have been some very intrusive rules for farm families. It is refreshing to see that common sense was achieved in the withdrawal of the proposed rules.

As provided by Norton, here's the statement from the DOL:

“The Obama Administration is firmly committed to promoting family farmers and respecting the rural way of life, especially the role that parents and other family members play in passing those traditions down through the generations. The Obama Administration is also deeply committed to listening and responding to what Americans across the country have to say about proposed rules and regulations. As a result, the Department of Labor is announcing today the withdrawal of the proposed rule dealing with children under the age of 16 who work in agricultural vocations. 

The decision to withdraw this rule – including provisions to define the "parental exemption" – was made in response to thousands of comments expressing concerns about the effect of the proposed rules on small family-owned farms. To be clear, this regulation will not be pursued for the duration of the Obama Administration. Instead, the departments of Labor and Agriculture will work with rural stakeholders – such as the American Farm Bureau Federation, the National Farmers Union, the Future Farmers of America, and 4-H – to develop an educational program to reduce accidents to young workers and promote safer agricultural working practices.”

Timber-cutting con man given six months in jail, five years probation

By Howard B. Owens

It will be decades before the 13-acres of woodlands Lynn Belluscio and her late husband once enjoyed together return to their former "park-like" nature, but the man responsible for the removal of more than 100 of her trees will be out of jail in six months and off probation in five years.

David Henry Isabell, 43, of Liverpool, entered a guilty plea in January to scheme to defraud 1st and timber trespass. He was sentenced today in County Court.

The $36,000 Belluscio received in restitution is small compensation for what she lost, she told Judge Robert C. Noonan prior to Noonan handing down his sentence.

"I have only been able to walk in the woods once, and that was at the request of Deputy John Duyssen," Belluscio said. "What I saw that day made me sick to my stomach. If I ever have a chance to explain to my husband what happened, I would be at a total loss for words. ... I will not see the recovery of my woods in my lifetime."

Belluscio hired Isabell's company, Icon Timber Marketing, to cut down about 35 trees that were aging, diseased, or needed removal as a matter of good forest management. Workers took about 140 trees, left stumps and limbs on the property, big ruts in the ground and an area that once included a scenic horse trail is now unusable, covered by thorny vines and overgrowth, Belluscio said outside of court.

As part of the criminal complaint against Isabell, the DA's office alleged six land owners were defrauded out of more than $72,000 in hardwood timber by Isabell.

For the trees from Belluscio's land, Isabell received $60,000, according to bank records obtained during the investigation.

Attorney Robert Durr said his client's family stepped forward to pay the restitution, and Isabell said he's lost everything trying to repay his debts, which allegedly includes money owed to customers not part of the criminal complaint.

"Mr. Isabell is a terrible businessman," Durr said. "As a result of being a terrible businessman, he has placed himself in a situation of criminal liability."

Durr also described Isabell as a changed man who has quit drinking and recognizes that what he did was wrong.

"I truly believe that Mr. Isabell is a different man today than he was two years ago," Durr said. "I truly believe Mr. Isabell has great remorse and sorrow for what he did. I truly believe he feels remorse not for himself, but for these victims, and I truly believe that if he is given an opportunity, he will prove to the court and to the victims he is worthy of that opportunity."

Isabell told Noonan that he is "very remorseful" and that he is working day and night to earn enough money to repay his debts.

"These are all very good people and they trusted me," Isabell said. "I had done work for these people five or six years ago and based on that relationship, they trusted me. I broke that trust.

"I wasn't there," he added, "to oversee things and make sure things were done right and make sure they were paid. I'm very sorry. I feel terrible that they now feel this way about me because I worked very hard to gain their trust."

The case came to the attention the Sheriff's Office when Le Roy businessman and Oakta Trails property owner John Morrill agreed to let Isabell remove some trees from his land. 

In an interview outside of court, Morrill said Isabell identified himself as "Isabella" and said the trees might fetch Morrill about $1,500.

After months of not hearing from "Isabella" and not getting his calls returned, Morrill spotted some of the same trucks that had been on his property and stopped and talked to the crew.

One of the men, according to Morrill, was Donnie Hendrickson, who was later  charged as a co-defendant in the case.

Morrill said Hendrickson provided the correct identity for Isabell and said about Isabell using a different name, "he does that all the time."

When Isabell got wind that Morrill was going to talk with local law enforcement, he said Isabell offered him a payment of $50 toward the timber.

Because Morrill didn't take the payment, the Sheriff's Office was able to open a criminal investigation (if a potential fraud victim takes such a payment, it creates a contract, making the dispute a civil matter, not a criminal matter).

Duyssen was assigned to the case and located Belluscio as a potential victim.

By this time, Isabell was apparently in the Niagara County Jail for violating his probation from a prior DWI conviction.

According to Duyssen, Isabell apparently heard about the criminal investigation and allegedly sent an employee to Belluscio house at 11 o'clock at night with an offer of $5,600 for the wood.  Belluscio turned down the offer.

Outside of court, she described the late-night appearance of Isabell's employee at her house as frightening.

Eventually, Isabell was indicted on charges of two counts of grand larceny, 4th, three counts of grand larceny, 3rd, issuing a bad check, 22 counts of timber trespass, petit larceny, theft of services and scheme to defraud 1st.

Hendrickson was indicted on charges of grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st.

In January, Hendrickson entered a guilty plea to a misdemeanor and has not yet been sentenced.

According to Durr's statements in court, Hendrickson cut a plea deal with prosecutors in exchange for his testimony against Isabell if the case went to trial.

Durr said the only reason his client was in court, and not Hendrickson, having entered a guilty plea to a felony was because Isabell's criminal past.  If the circumstances were different, Durr said, it would be Hendrickson facing a possible prison sentence.

He said Hendrickson received most of the money from the timber sales and was the person Belluscio dealt with the most on her property.

Assistant District Attorney Kevin Finnell said that when he and the victims read some of the letters sent to the court in support of Isabell, from friends, family and employees, they couldn't believe some of the statements in the letters blaming circumstances rather than Isabell for the crimes.

"These letters seem to suggest there is an excuse 100 times over for why he didn't pay these people, and why these events occurred the way they did" Finnell said. "No where is there any acceptance of responsibility."

Noonan said he had to balance a number of factors in his sentence of Isabell -- from the unrecoverable loss to Belluscio to the damage Isabell has done to his family.

"I have to fashion a sentence that makes a point to you and does not unduly burden society at this point," Noonan said. "I do recognize the fact that you did step up and figure out a way, with the help of people close to you, to financially compensate many of the people, if not all of the people, you involved in this scheme.

"There is a very good argument that I should lock you up and throw away the key," Noonan added. "There is also an argument that if not for the people close to you, who have paid a very huge debt, will only face a heavier burden with a long sentence."

After sentence was pronounced, Durr asked if it could be modified to nine months intermittent incarceration in the jail, giving Isabell an opportunity to work, earn money, and take care of his family as well as pay back debts he still owes.

Finnell opposed the request.

Noonan said, "I had the alternative of sending Mr. Isabell to state prison, but I elected not to do so. I fashioned a sentence for punishment as well as rehabilitation and my decision stands."

The mug shot above of Isabell was taken today after he arrived to begin his stint in the Genesee County Jail.

Town of Batavia board member resigns

By Howard B. Owens

John Gerace, who has served on the Town of Batavia Board for more than 16 years, resigned his position more than a week ago.

No reason has been given for his resignation.

Supervisor Greg Post confirmed Gerace's resignation today but declined to comment further.

Post said the board has not yet decided on a process for filling the vacant position.

Gerace could not be reached for comment.

Photo: File photo.

Local criminal going to prison for at least eight years

By Howard B. Owens

Robert J. Eppolito is going to be out of the community and in prison for many years -- from eight to 11 -- following his sentencing on two criminal charges in county court today.

The 29-year-old Batavia and Le Roy resident has been in trouble with the law a few times in recent years and and in January he entered a guilty plea to assault, 2nd.

Eppolito previously admitted he punched and kicked a victim in Le Roy.

On the assault charge, Judge Robert C. Noonan gave Eppolito seven years in state prison. The sentence will be served consecutively with a violation of probation sentence of one to three years.

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