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Law and Order: Alleged drunk driver found passed out in cornfield with motor running

By Billie Owens

Joshua William Cresswell, 20, of Janes Road, Rochester, was found passed out behind the wheel of his gray sedan around 7:30 this morning with the motor still running. He was in a cornfield, south of Little Falls Road, Pembroke. Cresswell was arrested and will appear in Pembroke Town Court on Jan. 10 on charges of driving while intoxicated and driving with a BAC of .08 or more. (Nothing about his being underage was noted in the report.)

Rozella Ann Smith, 76, of Colonial Boulevard, Batavia, is charged with harassment, 2nd. She was arrested for allegedly striking another person on the wrist and arraigned in Town of Batavia Court. The incident allegedly occurred on Nov. 29 at 10:43 p.m.

Gregory Stephen Hallifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd, and arraigned in Stafford Town Court. Hallifax was arrested on suspicion of criminal contempt and failure to obey an order of protection on Nov. 29 at 11:32 p.m. at a location on East Main Street Road, Stafford. He was released and will appear in Stafford Town Court next month.

(Note: Temporary difficulties in receiving FAX transmissions delayed the publication of information on Smith and Hallifax.)

 

Man hit in back with tree limb in Elba

By Alecia Kaus

An adult male was struck by a tree limb at 6124 Quaker Hill Road in Elba. He is conscious and alert but on the ground. Mercy Medics and Elba Fire responding.

UPDATE 12:45 p.m.: Mercy Flight 6 out of Batavia responding to the scene.

UPDATE 1:08 p.m.: Mercy Flight 6 is off the ground.

Suspect in break-ins in Le Roy Village now charged with multiple felonies

By Billie Owens

Tyler F. Longhini, 21, was arrested by the Le Roy Police Department on Tuesday and charged with multiple felonies in connection with crimes reported on Lake, Bacon and Pleasant streets in the Village of Le Roy.

His arrest was the result of an ongoing investigation that started in mid-July. The crimes he is suspected of committing include: entering unlocked vehicles; damaging the interior of a vehicle; attempted forced entry burglary to a shed; and an actual burglary of a residential apartment while the tenant was sleeping.

The charges are: one count of burglary, 2nd, a Class C felony; one count of attempted burglary, 3rd, a Class E felony; one count of grand larceny, 4th, a Class E felony; and two counts of criminal mischief, 3rd, a Class E felony.

Longhini, who lives at 82 Gilbert St. in Le Roy, was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice.

CLARIFICATION 4:34 p.m.: Longhini was originally arrested on July 15 after being caught in the act of rifling through vehicles. But he was only charged with misdemeanors at that time, pending continuing investigation of the break-ins and forensic lab results. Then on Tuesday, Le Roy police were able to bring mulitple felony charges against Longhini, according to Det. John Condidorio.

Posting will be light today

By Billie Owens

Good morning, readers of The Batavian, posting will be light today because Howard is having medical tests done. Alecia Kaus will monitor the scanner for us. Regular posting will resume tommorrow.

Photos: GCC hosts Buffalo Philharmonic Orchestra for Encore 2012

By Howard B. Owens

WBTA's Debbie and Dan Fischer chaired this year's major fundraiser for the GCC Foundation, Encore 2012, the annual appearance by the Buffalo Philharmonic Orchestra at the college. Besides the symphony, the event featured a dinner and art show and was attended by more than 300 people.

Photos: Batavia Christmas lights, Dec. 11, 2012

By Howard B. Owens


I spent some time this evening driving around Batavia and taking pictures of houses with Christmas lights. I've done this each of the past few years (a tradition of The Batavian started by Brian Hillabush). This slide show contains 18 photos. Hopefully, between now and Christmas I'll have time to take more pictures. Tonight I concentrated on trying to find houses I hadn't photographed in previous years. I probably have some duplicates, but hopefully we're featuring some homes that haven't been included in previous years.

Car parked by St. Joseph's Cemetery reported to be a 'suspicious condition'

By Billie Owens

A caller reports a suspicious condition to emergency dispatch: a car is parked off Ellicott Street, on "an extension road" by St. Joseph's Cemetery and it's been there for half an hour. It's "occupied and it's going up and down." Police are responding to investigate.

BREAKING: Firefighters accused of bookmaking plead guilty to greatly reduced charge

By Howard B. Owens

The three Batavia men arrested in February for running an illegal gambling operation, including two city firefighters, have entered guilty pleas in city court today to a Class A misdemeanor charge of promoting gambling, 2nd.

The pleas are a dramatically reduced from the Class B felony of enterprise corruption, which the case was elevated to in April.

Gregory Phillips and Brian Bordinaro, both veteran city firefighters, along with Lance Engel, a cook with the state's veterans home in Batavia, were originally arrested on a felony charge of criminal possession of gambling records in the first degree, a Class E felony. Philips was also accused of possessing a small amount of cocaine and charged with criminal possession of a controlled substance, 7th.

The Class B felony carried a maximum penalty of 8 to 25 years in state prison.

City Court Judge Robert Balbick's sentencing options include everything from an unconditional discharge to a year in county jail, including a combination of a shorter jail term and a term of probation.

As part of the plea deal, all three men agreed to resign their government jobs.

Attorney Larry Andolina, representing Phillips, said the charge his clients pled guilty to was exactly what they should have been charged with in the first place.

"I just don’t think gambling is that serious of a crime considering all of the gambling that goes on by the state, various lottery tickets, horsing racing, casinos … times need to be changed," Andolina said.

When the case first became public, investigators said gambling records indicated the trio was running a wide-ranging bookmaking operation that covered a variety sports, had numerous clients and turned over about $1 million in wagers. The trio was alleged by investigators to have taken in $80,000 in profits.

Andolina said none of that was true.

"It's all nonsense," Andolina said. "This was little people, betting, gambling on football games. It was blown so out of proportion, which is why it ended up being a misdemeanor."

At the first court appearance that Andolina and his fellow attorneys made on behalf of their clients, District Attorney Lawrence Friedman turned over thousands of pages of "discovery" -- the evidence the government has supposedly gathered against the defendants.

Andolina said the discovery failed to substantiate the original charges.

Friedman was not in court today, was out of the office and has not responded to a request for comment.

Sheriff Gary Maha said his investigators felt they had a solid case that could substantiate the felony charges or they wouldn't have made the arrests.

"We have many cases in which we make an arrest and then the case is pled down," Maha said. "It's our job to make the arrest. It's the DA's job to decide what to do with the case."

The Class A misdemeanor of promoting gambling is the lowest level crime under Article 225, New York's gambling penal code.

Joseph LaTona, attorney for Engel, said there was nothing unusual at all about the plea bargain. He characterized it as a "garden variety" plea.

"I’ve practiced criminal defense law for almost 40 years in Western New York and for individuals without a prior criminal history, for a first-time gambling offense, this is par for the course," LaTona said. "I’ve had many dispositions identical to this throughout many counties in Western New York.  It’s not unusual. It’s typical."

Sentencing on all three defendants is set for March 5.

One decision Balbick will be asked to make in the case of Phillips is to declare what Andolina called a "release from liabilities." He said Phillips has an opportunity for another job and a release from liabilities allows a person convicted of a crime to still be licensed in New York for some types of jobs. Andolina said the job prospect for Phillips is in the private sector.

Phillips and Bordinaro had 17 and 18 years on the job and would have been eligible for a New York State pension if they had completed 20 years of employment.

Both, they said in court, have already resigned from their city jobs.

Photos: Top, Bordinaro, center, with Andolina, right and Greg Ireland, president of IAFF Local 896. Inset, Phillips.

The deeper we get into winter, the more the local economy needs snow

By Howard B. Owens

We need snow. Ask any snomobiler. Without snow, there is a lot less winter fun.

But there's also an economic impact. There's a whole industry of bars, restaurants, repair shops, fireplace retailers and other businesses that depend on cold weather and snow.

The forecast for this winter is: We just don't know.

"There's an equal chance for above or below normal for both temperature and precipitation," said Jim Mitchell, a meteorologist with the National Weather Service in Buffalo.

If the start of winter had seen the formation of an El Nino or a La Nina, then forecasters could make a longer range prediction on what kind of winter we might expect. Without either of those weather phenomena, the outlook is neutral.

The longest range prediction, Mitchell said is that outside of today, we'll see warmer and drier conditions for about a week and then some colder temperatures and some precipitation up to about 18 days out.

There is a chance, Mitchell said, of a white Christmas.

Kevin Fisher, president of Genesee Sno Packers, is keeping an eye on the weather.

Last year's dry winter resulted in fewer people -- about half of normal -- registering their snowmobiles.

Most of the state fee for registrations -- $35 of it -- went to local snowmobile clubs to help maintain the state's 10,000-mile trail system.

Without that money, many clubs may be hurting, Fisher said.

"In your household, a business, in any organization, getting half of your funding cut is pretty hard to swallow," Fisher said.

If that happens again this year, the impact could be devastating.

"My biggest fear is that snowmobile clubs, not necessarily right here in Genesee County, but statewide, are going to have difficulty staying afloat," Fisher said. "The trail system as we know it will start to come apart."

Right now, registrations statewide are down 17,000 from this time a year ago.

Fisher suggested that people at least join their local clubs, pay their local dues, that will at least help finance some trail grooming.

Guy Clark, owner of Cedar Street Sales and Rentals, said he always has a plan A, B, or C for his seasonable business.

In a normal winter, Clark said Cedar Street might sell 100 to 150 snowblowers and service twice that many.

That didn't happen last winter, but the winter was so mild, his service department kept busy getting lawn mowers ready for spring, and the early spring helped with other sales.

It actually would have been a worse winter if there had only been about a foot of snow and then the ground just stayed frozen for a month or two, Clark said.

When it's cold, said Rita Towner, co-owner of WNY Fireplace Outlet, and home heating oil bills are going through the roof, people start looking at less expensive alternatives for heat, such as wood or pellets.

"We're creatures of habit," Towner said. "When it's cold, we want to be warmer, but we don't want to pay extra money."

But while sales have been slow for wood and pellet systems, Towner said, it's been a weird winter so far. A lot of people are coming in looking for gas inserts, and those sales are balancing the books.

"There are a lot of people who are getting away from wood and looking for something more efficient," Towner said.

As for a longer term outlook -- the kind possibly related to climate change -- Mitchell said he isn't looking at the weather patterns that way. Everything balances out, he said, and while WNY had an unseasonably mild winter in 2012, Alaska had colder temperatures and more snow than average, as did much of northern Europe.

A lot depends, he said, on the jet stream. If it pushes cold Canadian air into the Northeast, we're more likely to get winter storms. When the jet stream stays to the north, we get warmer weather, but somebody else is colder.

For snowmobilers now is not the time to worry about a lack of snow, Fisher said. It's what comes later this month and January that matters.

"We could have a great winter yet and technically the trails don’t open until Dec. 19, so as present of a snowmobile club, I’m glad it’s not snowing right now," Fisher said. "I would like to see cold and get the ground frozen, but as far as snow, no, because there’s still hunters out there. It’s their time. It’s their season. If there’s snow people are tempted to go out and ride."

Riding now, he said, causes problems with property owners who donate land to trails -- and they are often are also hunters -- so Fisher is glad people are off the trails.

The weather and the economy definitely have a ripple effect, Clark said.

First, many of his customers do landscaping during the summer and spring, and if they're not plowing driveways in the winter, they're not making the money that will help pay for a new lawn mower in the spring.

Second, Clark noted, there are a lot of businesses, such as bars and restaurants and gas stations, that depend on snowmobilers to provide them with winter cash flow.

"Those business owners are the customers of everybody else," Clark said. "If they're not doing well, they're not going to spend."

Law and Order: Rochester man accused of concealing drugs while being booked into jail

By Howard B. Owens

Benjamin Authur Tribunella, 18, of Spencerport Road, Rochester, is charged with criminal possession of a controlled substance, 7th, unlawful possession of alcohol by a person under age 21 and promoting prison contraband, 1st. Tribunella's vehicle was stopped at 4:28 p.m. Monday on Route 33, Stafford, for an alleged equipment violation by Deputy Joseph Corona. During the traffic stop, Tribunella was found to allegedly possess a controlled substance and alcohol. While being processed into the Genesee County Jail, Tribunella was reportedly found in possession of an additional controlled substance that he allegedly tried to conceal.

Randy Kevin Wilmet, 35, of Franklin St., Batavia, is charged with falsely reporting an incident. Wilmet is accused of providing false information regarding a vehicle accident at 5:18 a.m., Oct. 21, in the Town of Bergen. Wilmet reportedly was a passenger in the vehicle. Also charged was Matthew James Reed, 28, of State Street, Batavia.

Joshua David Kritz, 24, of Lyndale Court, West Seneca, turned himself in on a bench warrant out of the Village of Corfu Court for allegedly violating a conditional discharge on a DWI arrest. Kritz was jailed on $500 bail.

Gregory Stephen Halifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd. Halifax is accused of violating an order of protection.

Rochel J. Johnson, 31, of Pembroke, is charged with harassment, 2nd. Johnson was arrested by State Police in connection with an alleged incident reported at 6:20 p.m., Oct. 26. No further details were released.

Proposed technology park gets final STAMP of approval from Town of Alabama

By Howard B. Owens

Five years of planning, public meetings, studies, environmental reviews and dozens of written reports came down to one vote Monday night in the Town of Alabama, and by unanimous decision, the town's planning board said yes to a proposed industrial technology park.

The 5-0 vote to change the zoning for 1,340 acres within the town's borders clears the way for the Genesee County Economic Development Center to aggressively market the technology zone and begin the process making STAMP the kind of "shovel ready" property that GCEDC officials say is necessary to attract big business.

Before the vote, Mark Masse, VP operations for GCEDC, said it had been hard work to get the development to the point of the pivotal vote, "but now we leave it in your hands."

"The town has been involved from the beginning in hiring consultants and getting a lot of work done looking at the project," Masse said. "We're excited to be at his point."

For the board, the decision came down to three key points: infrastructure for public water, support from the majority of town residents, and jobs.

Trustee Janet Sage noted the expense the towns of Bethany and Batavia are facing to bring public water to their residents, but under the agreement with GCEDC, the infrastructure for water will be created for 70 percent of the town residents at a reduced cost to ratepayers.

The total capital cost of the water project is $5.2 million.

An estimated $1.9 million in grants will reduce the cost of bringing public water to Alabama rate payers from $882 annually to $512 per year.

"We will be saving residents a lot of money over the long run," Sage said. "It would be a long time if ever before Alabama gets water if this doesn't pass."

Sage also noted that in a survey of residents, among those who responded, nearly 70 percent said they supported STAMP.

It was that support for the project that board members should note, said Alabama resident Sam Ferris.

"You should put your personal issues aside and vote the way the town wants," Ferris said. "We voted into into office to vote for our rights.  If you can’t put your own personal thoughts aside, you should reconsider running when it's your turn to run again."

Other speakers echoed Ferris call for a vote in line with the majority support for STAMP, and Donald Sage spoke about how important the jobs are to the future of Alabama.

"I've lived here all my life and I've never been able to make a living here," Sage said. "I worked construction in Rochester to make a living for my family."

GCEDC estimates that at full build-out -- which may take as long as 25 years -- that STAMP could employ 9,300 people.

Sage went on to talk about the importance of family staying together and said he probably won't be around by the time the real benefits STAMP kick in, but his grandchildren will benefit.

"You should not have to worry about going to Dallas, Texas, or Raleigh, North Carolina, to get to spend time with your family," Sage said.

There were no speakers at Monday's meeting who opposed STAMP.

When Supervisor Dan Mangino announced the resolution passed 5-0, most of the 20 residents in attendance applauded.

In related action, the board set a public hearing for Jan. 14 to consider a 12-month moratorium on all commercial construction in the town that is outside of the STAMP district.

The moratorium would give the town time to developed new zoning laws in anticipation of STAMP-related growth, preventing unwanted commercial construction and destruction of farmland.

Photos: Jaycee's Christmas lights winners for 2012

By Howard B. Owens

With the announcement this morning from the Batavia Area Jaycees of their annual Christmas lights display winners, I drove through Batavia this evening and got pictures of the five houses.

Above, 108 Ellsworth Ave., the traditional winner.

16 Vine St., most colorful.

101 Naramore, overall winner.

23 Meadowcrest Drive, most commercial.

20 Valle Drive, simple and elegant.

I also drove by 19 Trumbull Parkway, the honorable mention, but the lights weren't on.

Alexander man accused of doing donuts in Johnny Bear's parking lot, damaging building

By Howard B. Owens

Tips from readers of The Batavian have helped lead to the arrest a man suspected of driving his truck into the building of a restaurant in Darien Center on the night of Dec. 1.

Johny Bear's, on Broadway Road, reportedly suffered significant damage from a truck that spun out in the parking lot while the asphalt was covered with a dusting of snow.

N. L. Beglinger, 21, of Peaviner Road, Alexander, is being charged with reckless driving and leaving the scene of a property damage accident.

According to Deputy Brian Thompson's report, Beglinger drove into the parking lot at 12:35 a.m., with a 2006 Chevy pickup registered to Harlan L. George, of Peaviner Road. He drove in a northwesterly direction, spun counterclockwise and struck the building. He then allegedly headed southwesterly, and peeled out in the grass in front of a fire hydrant. Tire marks then showed the truck heading northwest and doing a donut in the parking lot.

Thompson said in his report that the investigation revealed that Beglinger intended to report to an insurance company that the truck struck a tree on Sprague Road.

The initial report in The Batavian suggested the truck involved in the accident also did donuts at the Triple C Shop Mart, Darien, and a video surveillance system captured some images of that truck.

It turned out the two incidents were unrelated -- different trucks -- though similar-looking -- and different drivers.

There were three passengers in Beglinger's truck, Shelby L. Fryer, 17, Douglas J. Knauss, 22, and Christopher King, 21.

Beglinger is scheduled to appear on the matter in Darien Town Court at 5 p.m., Dec. 18.

Deputy Kevin McCarthy assisted in the investigation.

Ranzenhofer asks DOT for faster action on deterioriating Bethany Center Road bridge

By Howard B. Owens

In a letter to the Department of Transportation, Sen. Michael Ranzenhofer has asked the agency to reconsider its delay in replacing the Bethany Center Bridge.

While the DOT has stated the bridge is safe, its visual deterioration gives the appearance of a bridge in a high degree of disrepair.

At one time, the bridge was scheduled for replacement in 2011, but it was moved down the priority list and the earliest proposed replacement is now 2015.

"I recognize that allocation of scarce resources is of particular concern, but I would urge you to reconsider the deferral of this project," Ranzenhofer wrote to Commissioner Joan McDonald. "Please consider adding this project to your list of top-priority projects and start the process that will allow this bridge to be replaced as expeditiously as possible."

Ranzenhofer said he has received numerous complaints about the bridge, both from residents and business owners. He cited the bridge as a vital link in local agriculture transportation, especially with the opening of the Genesee Valley Agri-Business Park.

"Vital parts of the economy of the Genesee County would be seriously impacted by a failure of this bridge," Ranzenhofer wrote.

Download: Full letter (PDF).

Dishwasher fire reported at residence on Clinton Street Road, Stafford

By Howard B. Owens

A dishwasher fire is reported at 6151 Clinton St. Road, Stafford.

The house is reportedly filling with smoke.

Stafford fire with mutual aid from South Byron are being dispatched.

UPDATE 10:41 a.m.: Chief on scene reports smoke coming from dishwasher, no flames showing.

UPDATE 10:56 a.m. Dishwaster removed. Fire is out.


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Law and Order: Witnesses help nab driver allegedly driving under influence of drugs

By Howard B. Owens

Justin M. Wotherspoon, 26, of Gibson Street, Oakfield, is charged with felony DWAI, aggravated unlicensed operation and criminal possession of a controlled substance, 7th. Witnesses reportedly observed a vehicle allegedly driven by Wotherspoon operating in an erratic manner on Lewiston Road, heading from Batavia to Oakfield. The vehicle reportedly traveled over fog lines before going off the roadway on the opposite side of the road, then traveled a short distance in the ditch before reentering the roadway. Witnesses followed the vehicle to a residence in the Village of Oakfield and waited for police to arrive. Wotherspoon was allegedly found in possession of several prescription medications that were not his.

Stacey N. Cino, 24, of 22 Old Meadow Lane, Batavia, is charged with aggravated harassment, 2nd. Cino is accused of sending harassing and annoying text messages to another person. Batavia PD reportedly previously advised Cino not to have further contact with that person.

Sharon Y. Sharman, 41, of 8487 Seven Springs Road, Batavia, is charged with criminal contempt, 2nd. Sharman is accused of violating an order of protection. Sharman allegedly contacted, repeatedly, the person covered by the order of protection.

Nathan A. Dowty, 23, of Arpin, Wis., is charged with DWI and driving with a BAC of .08 or greater. Dowty was allegedly observed by a Le Roy police officer in the Fire Star Bank parking lot on West Main Street, Le Roy, driving the wrong way in the drive-thru lane and striking the curb. Dowty was jailed on $500 bail.

Thomas C. Zimmer, 36, of 3 1/2 Thomas Ave. Batavia, was arrested for allegedly failing to abide by a release under supervision contract. Zimmer was located at the Wyoming County Sheriff's Office and turned over to Batavia PD on a bench warrant. Zimmer was jailed on $1,000 bail.

Andrei P. Sliker, 21, of 318 W. Main St., Batavia, was arrested on a bench warrant for alleged failure to appear. Sliker was located in Le Roy by Le Roy PD and turned over to Batavia PD. Sliker was jailed on $300 bail.

Thomas M. Moe, 37, and Todd J. Corron Jr., both of Pleasant View Avenue, Syracuse, are charged with unlawful possession of marijuana. Moe is also charged with operating on a suspended registration. During a traffic stop on Route 5, Pembroke, Moe was allegedly found with a bag of marijuana in his pocket and remnants of marijuana cigarettes in his vehicle. Corron allegedly possessed a bag of marijuana in his pocket. The traffic stop was conducted by Deputy Lonnie Nati with assistance from Deputy Brian Thompson and K-9 "Pharoah."

Steven Michael Witkop, 46, of State Street, Medina, is charged with felony driving while impaired by druges with a child less than 16 in the vehicle, driving impaired by drugs and endangering the welfare of a child. Witkop was stopped by Deputy Joseph Corona on Bank Street, Batavia, following a complaint of a vehicle being driven erratically.

Sam Michael Cassidy, 21, of Montclair Avenue, Batavia, is charged with trespass. Cassidy is accused of being on College Village property after previously being barred from the property.

Brandon Nicholas Benz, 17, of Clinton Street Road, Batavia, is charged with criminal contempt, 2nd. Benz allegedly left a threatening message about the victim on his Facebook wall after being served an order of protection. Benz was jailed on $750 bail.

Anthony Paul Dibble, 23, Bethany Center Road, Bethany, is charged with burglary, 2nd, criminal mischief, 4th, and harassment, 2nd. Dibble allegedly kicked in the door of another person's apartment, entered without permission and while in the apartment destroyed a bathroom door and struck two other people during an altercation. Dibble was arraigned on $2,500 bail.

Jeffrey Michael Johnson, 24, of Farnsworth Avenue, Oakfield, is charged with endangering the welfare of a child, criminal possession of a controlled substance and possession of a hypodermic instrument. Johnson was allegedly found in possession of heroin, hypodermic needles and unidentified pills lacking proper documentation or containers. Johnson was allegedly supervising a child at the time. Also charged was Lauren Marie Peters, 22, of Martin Road, Akron.

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