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Pole arcing on Center Street, Batavia

By Billie Owens

A utility pole is reported to be arcing at 33 Center St. in the City of Batavia.

City fire is responding. The location is between School and Ellicott.

Tractor-trailer and car crash on Thruway at Pembroke exit

By Billie Owens

A car and tractor-trailer accident is reported on the Thruway, eastbound, at the Pembroke exit.

The tractor-trailer jacknifed and the car is underneath. But the car's driver is out and walking around. No injuries are reported.

The eastbound on-ramp lane is blocked and is shut down.

Indian Falls Fire Department and Mercy EMS are responding.

UPDATE 11:28 a.m. (by Howard): The truck still wasn't cleared of the scene this morning. Kevin Switzer sent in this picture.

Stepmother sentenced to 20 years in death of Baby Andrew

By Howard B. Owens

UPDATED 6:39 p.m.

ELMIRA -- If Melissa Engelhardt spends the full 20 years in state prison that Chemung County Judge Peter C. Buckley sentenced her to today, her own two children will be young adults when she's released.

Kristen Cianfrini, the mother of Andrew Cianfrini, the 21-month-old killed by Engelhardt on Nov. 10, 2009, told Buckley -- the woman who once pretended to be her friend, but then tried to pin Andrew's death on her -- should spend the rest of her life in prison.

In a statement to Buckley, Kristen called Engelhardt evil and heartless and said that Engelhardt planned the death of Andrew in order to end child support payments being taken from her husband's paycheck.

“Please don’t feel sorry for Melissa," Kristen said. "She has no sorrow, no heart, no nothing. She knew exactly what she was doing when she killed my baby boy. Melissa is a cold, heartless, selfish murderer.”

In October, in a non-jury trial, Buckley found Engelhardt guilty of manslaughter, but did not convict her of murder, saying that he didn't find enough evidence to indicate she intended to kill Andrew, only make him sick.

The Cianfrini family has expressed concern that Buckley, who has a reputation of being a liberal judge, would give Engelhardt far less than the maximum of 25 years prison time for the manslaughter conviction. The minimum sentence was five years.

After leading off with a lengthy mental history of Engelhardt -- 14 different foster homes, about a dozen different mental heath prescriptions over the years, several terms of hospitalized mental health care, a childhood of physical and sexual abuse, and years of untreated substance abuse -- it appeared Buckley was heading toward a lenient sentence.

"Your history shows that when you stop taking your medication, your behavior and decision making suffers, leading to a regression and poor judgment," Buckley said. "The crime of giving Andrew Cianfrini methanol in the form of windshield wiper fluid in his sippy cup was committed when you were not taking any medication and exercising a poor decision process causing the death of an innocent child."

When he told Engelhardt she would do 20 years in prison, followed by five years of supervised probation, the 24-year-old killer looked toward the ceiling (picture above) and supporters of the Cianfrini family -- more than a dozen people -- applauded.

After the courtroom cleared, Engelhardt could be heard in a back office of the court bawling and wailing.

During their statements, Chief Assistant District Attorney John R. Thweatt and defense attorney Nancy Eraca-Cornish re-argued their cases.

Thweatt tried to drive home the point that Engelhardt had to know that her actions would lead to Andrew's death.

"She knew enough to take the sippy cup and dump out the methanol and replace it with water," Thweatt said. "She knew enough afterward to try and shift the blame to Andrew’s mother. She knew enough to get her husband to try and reinstall the operating system on her computer in order to hide what was on it. All of that bespeaks some level of sophistication and intelligence and forethought and planning that can’t be explained adequately by saying she only had a GED or she wasn’t on her medication."

It was important, Thweatt said, for Judge Buckley to send a message to the community that she can't get away with her actions.

“The message should be that here in Chemung County that you’re going to forfeit the balance of the rest of your life for the death that you have caused," Thweatt said. "We are very concerned that this message is getting lost in this case.”

Eraca-Cornish countered that the prosecution had every chance to make a case for a more serious charge and didn't. And as far as sending a message, she called out the DA's office for inconsistency, she said, in pleading out another case of a mother suffocating an infant and getting only six months in jail.

And as she did at trial, Eraca-Cornish pointed to Engelhardt's lack of education and low IQ -- saying it is only a 91.

“She is not now nor has she ever been high functioning, Eraca-Cornish said, adding later that evidence showed she researched online the effects of methanol on people. ”We don’t even know for how long she viewed those screens or whether she even understood what she saw on those computer screens.”

As for the idea that Engelhardt isn't remorseful, Eraca-Cornish, said she is remorseful. She didn't cry in court during the trial, she said, because that would be highly inappropriate. She expressed remorse to the judge in a letter, the attorney said.

“She has suffered," Eraca-Cornish said. "Has she suffered as much as the Cianfrini family? Absolutely not. But she has suffered.”

When offered a chance to speak, Engelhardt told Buckley that she will never forgive herself.

“I was not fully medicated and stable enough to see my errors," she said.

When Jean Cianfrini, Andrew's grandmother, spoke to Buckley, she recalled in detail the reaction of the family to news of Andrew's death. As she spoke, supporters in the gallery began to sob.

She spoke at length about how Kristen's 7-year-old son has been devestated by his baby brother's death.

" 'Sometimes he irritated me, but I miss him,' " Jean recalled the boy saying once.

She said a day doesn't go by, more than a year later, that the boy doesn't talk about Andrew.

"He questions if there are children in heaven and if God plays with them, and if Andrew is not in heaven, will God send him back?” Jean said.

Outside court, Kristen had nothing good to say about Melissa Engelhardt, but indicated she was satisfied with the sentence.

"It's not 25 years. It's not life," said Kristen. "At least she will be in long enough that her children won't know her and hopefully when they get older they won't want anything to do with her."

Asked what she would say to Engelhardt, if she could, "I hope you rot and burn in hell," Kristen said. "I know my boy is haunting you every day of your life."

George Engelhardt, Andrew's father and Melissa's now estranged husband, also made a brief statement to the media.

"I don't think 20 years is enough," he said. "I'm just glad she will never see her children, my children, again. Her name is Melissa Miller. It's not Engelhardt, so, that's going to switch here quickly."

Photos: Top, Melissa Engelhardt reacts to the verdict. First inset, Melissa Engelhardt entering the court room. Second inset, Judge Peter Buckley. Third, George Engelhardt (father of Andrew). Bottom, John (grandfather) and Kristen (mother of Andrew) Cianfrini.

Genesee Justice likely to be spared, says county manager

By Billie Owens

Genesee County Manager Jay Gsell has told WBTA that the Civil Service Employees Union has agreed to a pay cut for Genesee Justice employees.

He also said that Genesee Justice Director Ed Minardo's proposal is "revenue neutral" and therefore likely to be approved by the county legislature when it meets this afternoon.

Minardo has offered to give up his job as head of GJ to help save the organization.

More weather-related accidents

By Billie Owens

Three cars got into an accident at 439 E. Main St. in Batavia. One is stuck in the roadway, two went into a ditch -- but one of those just managed to get out of it.

Batavia fire and Mercy EMS responded.

No injuries are reported.

In an another accident, one car crashed at the Oak Street turnabout. No injuries.

Police Beat: Trio of youths accused of breaking into cars in Le Roy

By Howard B. Owens

A 17-year-old from Le Roy and a 16-year-old from Stafford are charged with petit larceny, trespass and conspiracy, 6th. The two youths were allegedly observed by officers Robert Tygart and Emily Clark of the Le Roy Police Department running through backyards on Hilltop Drive. The two youths were allegedly going through vehicles in the area and taking items from the cars. The suspects were located by following footprints in the snow. A 15-year-old was also involved and he was referred to Family Court. (Note: In most cases The Batavian does not release the names of youths under 18 involved in minor crimes. In this case, the Le Roy Police Department did not release the names.)

Alissa A. Fodge, 21, 7705 W. Bergen Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and speeding. Fodge was stopped at 3:25 a.m., Saturday, on Ellicott Street by Officer Kevin DeFelice.

Martin F. Jones, 39, of 10 S. Main St., Batavia, is charged with harassment, 2nd. Jones is accused of striking a woman at her residence on Spencer Court.

Jamie Marie Hamill, 33, of Lockport Road, Elba, is charged with grand larceny, 4th, and offering a false instrument for filing, 1st. Hamill was arrested following an investigation by Genesee County Social Services stemming from an incident first reported in June 2009.

Fire police volunteer calls in alleged hit-and-run

By Howard B. Owens

A Fire Police volunteer called in an alleged hit-and-run accident somewhere in the vicinity of West Saile Drive and Bank Street Road.

The volunteer pursued the vehicle, described as a Chevy Blazer, and the Blazer stopped outside of the city on Bank Street Road in a church parking lot.

A Sheriff's Deputy is in route.

The volunteer says the Blazer suffered heavy front-end damage.

Photos: Holiday lights in Stafford

By Howard B. Owens

Brian Hillabush started the "tradition" two years ago, and I did my best to continue it last December -- that is, posting pictures of local homes bedecked in Christmas lights.

As time permits between now and Christmas, I'll head out in the evenings in search of Christmas light pictures of homes and businesses (because of the time factor, probably, primarily in Batavia).

Above, a home on Route 5 in Stafford and below, Red Osier, in Stafford.

Hit-and-run accident reported on South Main near roundabout

By Howard B. Owens

A hit-and-run accident with injuries has been reported in the area of South Main and the roundabout, Batavia.

Police are on scene and Mercy EMS is arriving.

No description provided of the suspect vehicle.

UPDATE 5:24 p.m.: A second ambulance requested to the scene. Still no description available on the suspect vehicle. It sounds like there might have been a total of three vehicles involved.

UPDATE 5:48 p.m.: It sounds like a Monte Carlo is being impounded.

Truck reportedly on fire on Tonawanda reservation

By Howard B. Owens

A truck fire has been reported in the area of 271 Council House Road, Basom.

Alabama Fire is responding.

UPDATE 5 p.m.: An Akron firefighter on scene reports the truck is fully involved. He also says the correct address is 7003 Council House Road. An Alabama chief arriving on scene confirms the address.

UPDATE 5:02 p.m.: Alabama chief says units can respond non-emergency. The truck isn't near a building.

UPDATE 5:11 p.m.: All Alabama units are clear.


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Weather Watch: Dec. 5, 2010

By Howard B. Owens

We'll update this post periodically with anything we hear that seems related to the weather.

First, it's in Monroe County, but about 20 minutes ago Le Roy Fire and Bergen Fire responded to an accident on the 490. It was a non-injury rollover accident in the median. Fire units are clearing the scene.

Now, a property damage accident is reportedly blocking Route 33 at Dublin Road.

UPDATE 5:12 p.m.: A highway man on Bank Street Road reports, "It's a little wild out this way."

UPDATE 5:43 p.m.: It appears that the worst of it hit the Byron-Bergen area and that band of snow is now passing to the east. The radar map show no new bands hitting Genesee County in the next five or six hours. We'll see.

UPDATE 6 p.m.: A car has hit a utility pole on Asbury Road, Le Roy. No injuries, no wires down, but the pole is snapped. National Grid requested to the scene.

UPDATE 7:05 p.m.: Vehicle off the road on the 490 near mile marker 1.

UPDATE 7:32 p.m.: Tree down on Bethany Center Road, just south of Ellicott Street Road.

Weather: Lake effect snow warning through midnight tomorrow

By Howard B. Owens

Between six to 12 inches of snow could fall on Genesee County over the next 30 hours, the National Weather Service reports.

But the Buffalo office has issued a lake effect snow warning that covers Genesee, Niagara and Orleans counties.

Winds are expected to blow at 15 to 30 mph.

In places, visibility will be cut to a half mile at times.

Difficult driving conditions are expected with blowing and drifting snow.

This evening, highway workers have been heard on the radio discussing the possibility of roadways icing over quickly as the sun sets.

PHOTOS: Snowy conditions late this afternoon at Elmwood Cemetery, Batavia.

Batavia Pontillo's announces name change

By Howard B. Owens

There are lots of bright lights in Batavia this time of year, but a legendary one has been turned off.

When you drive down Main Street tonight, the familiar green and red neon sign of Pontillo's will be dark.

The restaurant will be open, but under a new name: Batavia's Original.

Earlier this year, the location's new owner, Batavia Pizza, LLC, a creation of Thomas Masaschi, Jeffrey Reddish and Jason Teller out of Rochester, were served with a lawsuit charging trademark infringement by the Pontillo family in Rochester.

No word on the status of the suit.

For our previous coverage of issues related to this Pontillo's location, click here.

Ron Burroughs named Health and Humanitarian of the Year

By Howard B. Owens

Ron Burroughs, one of Genesee County's most tireless volunteers, especially when it comes to his work with Habitat for Humanity, was honored Friday for his efforts.

Burroughs was given the 2010 Health and Humanitarian Award by the Jerome Foundation.

"I can't put it into words," Burroughs chuckled during his acceptance speech. "It's just...I have a hard time comprehending it, really. It seems like there's so many other people out there who deserve it, but they named me...it just floored me."

Ron is a member of St. Paul Lutheran Church in Batavia, and is directing the construction of a new addition there as well.

(WBTA contributed to this report)

DiSalvo home on Fargo Road once again brightly lit for the holidays

By Howard B. Owens

Jim and Connie DiSalvo have once again lit up their property on Fargo Road for the holidays.

The home is also on today's Holiday Home Tour to benefit Genesee Cancer Assistance (if you want to try and make it out before it ends at 4 p.m., tickets are $10 and still available at Go Art!, corner of Main and Bank).

As for the Christmas lights, Jim said this is the 14th year for the all-out effort to bring some Christmas cheer to local residents who might stop by. He said there are more than one million lights lit on his property and some 400 Christmas-related characters on display.

He's been adding to the number of displays every year, but said this might be as big as it gets.

Many visitors simply drive by (and as usual, there was a long line of cars coming down Fargo last night), but Jim said people are welcome to pull up his driveway and ramble around the new turning circle he's installed. People are also welcome to park, get out and walk around the property (which is really the only way to take in all of the displays and the full splendor of the lights).

Picture of Jim (and Annabella) in front of his house below, and then more pictures after the jump.

Head-on collision on Byron Road

By Billie Owens

A two-car head-on collision with minor injuries is reported at 7980 Byron Road, near School Road, in Stafford.

Stafford fire and Mercy EMS are responding.

UPDATE 11:58 a.m.: Responders are urged to use caution on approach because of slippery road conditions.

UPDATE 12:01 p.m.: Byron ambulance is asked to respond to provide mutual aid to Stafford. Traffic is blocked in the northbound lane at Byron and School roads and traffic control is needed.

UPDATE 12:10 p.m.: Stafford has cancelled the assistance from Byron, which was en route and is now returning to quarters. Traffic is being blocked off at Bryon Road and the Prole Road extension.

UPDATE 12:22 p.m.: A fire official on scene calls for a snowplow to help clear the roadway. It's on the way.

Thruway blocked by tractor-trailer rollover at Batavia exit

By Howard B. Owens

A tractor-trailer has jackknifed and reportedly rolled over on the westbound Thruway at the Batavia exit.

Unknown injuries.

It's also not known yet what the tanker was hauling.

Town of Batavia Fire and Mercy EMS responding. State Troopers are on scene.

UPDATE 11:32 a.m.: Tanker is carrying salt. There is some diesel fuel spill. The driver is out of the truck and walking around.

UPDATE 11:46 a.m. (Billie): The vehicle is carrying 78,000 pounds of granular salt. There is concern about the diesel fuel and they are working to absorb it with pads and sand. The driver is being transported to UMMC with complaints of back and neck pain and he has some minor abrasions. A pumper is requested from Oakfield to standby at the Batavia fire station. Traffic may be diverted to exit 47, Le Roy, but that hasn't been confirmed yet.

UPDATE 12:12 p.m.(Billie): After a "tug of war" with Thruway authorities about handling traffic in the aftermath of this accident, Batavia chief on scene says the Thruway supervisor insists on opening up traffic lanes and removing, or shifting, the emergency equipment. "We are packing up all of our equipment and we are leaving. It's all in the Thruway supervisor's hand." They opened the left lane to traffic, most firefighters have left, and those remaining are pulling onto the grass and staging in the right lane. A piece of equipment from Montgomery is en route to hoist the disabled tractor-tanker onto its wheels. The chief made sure the supervisor's name was written down "for the record."

UPDATE 12:25 p.m. (Billie): The Batavia chief says the Thruway supervisor is now directing traffic by himself standing behind his truck with a single amber light. "That's the extent of the traffic control here." All Town of Batavia units are back in service.

UPDATE 12:43 p.m.: Below, the current situation at the accident scene.

UPDATE 12:48 p.m. (Howard): We're hearing voices of two or three people talking about directing traffic on the Thruway. They're not using call signs, so we don't know who they are. It sounds like they're struggling with the traffic situation. They are trying to figure out how to position a truck ahead of the accident to get people to slow down. People do slow down, but then speed up again and then slam on their brakes just before the accident scene.

UPDATE 1:04 p.m.: One of those voices just said, "You've got about a 50-50 chance of getting somebody with their head up their ass."

UPDATE 1:19 p.m.: The truck has been slid completely onto the shoulder so neither lane is blocked. A voice just said it will be at least two hours before the truck is removed.

UPDATE 3:53 p.m.: A tow truck capable of getting the tanker upright and hauled away is expected on scene at 4:30 p.m.

UPDATE 9:24 p.m.: Some time within the past 10 minutes, the scene finally cleared.

Photos from the Thruway web cam.

Two-car accident on Veterans Memorial Drive

By Billie Owens

A two-car accident with injuries is reported on Veterans Memorial Drive, near Walmart, in the Town of Batavia.

Mercy EMS and Batavia fire are responding.

UPDATE 6:23 p.m.: The actual address is 4133 Veterans Memorial Drive. A second ambulance is requested out of Oakfield.

UPDATE 6:45 p.m.: A 44-year-old woman who was a front passenger is being transported to UMMC complaining of sternum pain. There was air-bag deployment in the accident. Another woman is also being taken to that hospital complaining of pain in an arm and lower abdomen.

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