Skip to main content

Burglar refuses to sign documents after being sentenced to nine years in prison

By Howard B. Owens

A man accused of taking part in a couple of Batavia burglaries in the early fall was apparently sorely disappointed in the nine-year sentence handed down by Judge Robert C. Noonan today.

Kurt H. Hawkins Jr., 18, who has no permanent address, uttered a mild profanity and refused to sign about a half-dozen orders of protection documents when Noonan had them presented to him.

Noonan warned Hawkins such behavior wouldn't look good on his record at any future parole hearing, but Hawkins slumped in his chair and still refused to sign.

A month ago, Hawkins admitted to burglary, 2nd, and assault, 2nd.

The assault charge stemmed from an attack on an inmate in the Genesee County Jail following his initial arrest.

Noonan noted just before pronouncing his sentence that while Hawkins had no prior criminal history, he had shown a propensity for violence and the attack in the jail was of particular concern.

Noonan also reminded Hawkins that he was lucky, maybe, to be alive.

"I recognize your history and the fact that fortunately nobody was hurt in (the burglaries), but it could have been you (who was hurt)," Noonan said. "A lot of people keep protection in their homes and they would have been perfectly justified under the law to use it. It could have been you dead on the floor of that bedroom."

A woman was reportedly home, alone, in her bedroom when Hawkins entered the house.

Hawkins and his attorney Jerry Ader blamed his conduct on abuse of drugs and alcohol.

"He could have quite a future ahead of him if he just applies himself and avoids drugs and alcohol," Ader said. "Obviously, a prison sentence will help him do that, but it's just a question of how long."

In court, Hawkin's only statement, other than his refusal to sign, was, "I feel bad for the woman when I ran into her."

Judge Noonan: 'Not thinking clearly' no excuse in murder-for-hire case

By Howard B. Owens
Derick Barker and Justin Barker

A 22-year-old Batavia man who pleaded guilty to a conspiracy to commit murder charge well as other felonies will spend from two to six years in state prison, Judge Robert C. Noonan ruled today

Justin Z. Barker, of North Lyon Street, previously admitted to criminal possession of a controlled substance, 5th, and burglary, 3rd, but entered what's known as an "Alford Plea" in the murder-for-hire case, which means he didn't admit to the actual crime, just that he would probably be convicted if the case went to trial.

The burglary charge stems from a 2009 break-in at the Beaver Brothers Restaurant at Darien Lake Theme Park in which Barker and an accomplice got away with more than $7,000 cash. Baker was the driver and got to keep half the cash, according to courtroom discussion today.

The drug charge stems from Barker's arrest June 2 after management at a hotel complained about unpaid hotel guests who wouldn't leave.

Barker's brother, 25-year-old Derrick, fled on foot and was captured in a field across the Thruway from the hotel.

Also arrested June 2 was Benjamin Santiago Jr., 22, of North Lyon Street, Batavia.

Santiago allegedly had 70 bags of heroin in his backpack. A quantity of cocaine was found in the room, too.

Barker's defense attorney, Jerry Ader, sought to make technical clarifications to the record in court. Ader maintained that Barker was in no way involved in the misuse of a credit card involving a person not, apparently, associated with the case, and that Barker did not possess heroin.

Noonan struck the name of the woman with the credit card from the report on Barker, but let the information on heroin stand.

Ader said that such clarifications are important when a prisoner comes up for parole.

The other clarification was the name in the report on the purported target of the murder conspiracy. A woman's name was taken out and Benjamin Santiago's name inserted.

Assistant District Attorney Will Zickl pushed for the maximum sentence available under the plea agreement -- two- to six-years in prison) because of the seriousness of the conspiracy charge and the multiple criminal accusations in Barker's file.

"The defendant has committed or participated in drug crimes, crimes of domestic violence, property crimes, crimes of personal dishonesty and of course, the conspiracy," Zickl said. "I submit the conspiracy was substantial and was frankly quite far along in the process at the time of his plea -- money had exchanged hands."

Ader argued that many of the alleged crimes mentioned by Zickl were not anything Barker admitted doing, and that's why he didn't plead guilty to the other charges.

Ader noted that Barker, who had no prior felony convictions, had been through a series of misfortunes, including the sudden death of a daughter that led Barker to get involved with drugs.

"All of this set him off in a direction that wasn't helping, not helping for the community and not helping for himself," Ader said.

When asked to speak, Barker said, "I regret my actions. I wasn't thinking clearly when I did what I did. I'm sorry for everything I did."

Noonan responded, "Not thinking clearly is a pretty good defense to a lot of things, but it's not a good defense to conspiracy to commit murder. It's absolutely baffling that there could be anything that could make you think your conduct in this case is anything you could lead you to say just, 'I'm sorry.' "

Third assailant in attack that cost a man his eye sentenced to seven years in prison

By Howard B. Owens

The third member of a trio of men who brutally assaulted a Batavia resident and caused him to lose an eye will spend seven years in prison, Judge Robert C. Noonan ruled this afternoon.

The attorney for Timothy Andrews, 21, of 144 Bank St., Batavia, argued that Andrews didn't enter the apartment with his brother and Christopher Preedom but Noonan said he didn't believe the assertion.

"If you wanted to refute the allegation that you went into the apartment, you should have gone to trial," Noonan said.

Earlier, District Attorney Lawrence Friedman said that both the victim's statement and the statement of a witness indicated all three men, including Timothy Andrews, entered the apartment.

"This defendent and his brother beat (the victim) on the front and back of his head with coffee mugs and the victim said he suffered skull decompressions as a result," Friedman said.

As Friedman spoke, Andrews looked back at the 20 or so family members and friends gathered in the courtroom and shook his head, "no."

When Noonan pronounced sentence, several women in the group burst into tears and several people were crying as they filed out of the courtroom after the sentencing.

Andrews told Noonan that whatever sentence Noonan imposed, he would use the time to learn and be a better person, the kind of person he thought he would become when he was little.

"I'm going to learn better skills and get an education," Andrews said. "Whatever I get today is something I'm going to have to accept and move on with my life."

On Dec. 19, Andrews entered a guilty plea to attempted burglary, 2nd, for his part in the attack of a resident of Woodstock Gardens Apartments.

Andrews reportedly said in a probation report that he only went along to protect his brother, 19-year-old Kevin Andrews, because he thought there would be trouble. He reportedly said he knew Christopher Preedom,18, of 21 Holland Ave., Batavia, the lead assailant, was really mad at the victim.

Preedom received a 12-year prison term and Kevin will spend seven years in prison.

State Police still searching for brothers who may have mistakenly jumped into Genesee River

By Howard B. Owens
David King Michael King

The search for the bodies of two missing Oakfield men who presumably mistakenly jumped into the Genesee River will continue this week, according to the lead investigator on the case.

Senior Investigator James J. Newell of Rochester, Troop E, said with the water temperature still low, it's harder to locate the bodies of the two men, but as it warms up later this week, the State Police helicopter will conduct an air reconnaissance.

David King, 54, and Michael King, 46, have been missing since Feb. 19.

Newell said investigators do not suspect foul play and there has been no activities on the cell phones, debit cards or bank accounts for either brother since then and nobody has reported seeing them.

The brothers went missing after David left Strong Memorial Hospital following an a minor accident on the I-390.

David was charged with reckless driving after his car hit a guard rail.

He was transported to the hospital where he was treated and released for minor injuries. David's brothers Michael and Daniel picked him up and drove him back to his car on the I-390.

Newell said Daniel has been interviewed numerous times and his story has remained consistent. He dropped off his brothers and watched them run and jump over the jersey barrier. He didn't see them after that and tried calling their mobile phones several times.

"They checked out of the hospital at 9:03 (p.m.) and there was cell phone activity shortly after that and then none," Newell said. "That would be consistant with their phones going dead."

Newell said the evidence available so far is consistent with the theory that the brothers jumped the barrier without being aware of the river below.

"If you go to that spot at night and there's no street lights, you might think you can jump the jersey barrier and take five or six steps and make it to the other side," Newell said. "You wouldn't realize there's a 70- to 100-foot drop to the river."

Troopers have deployed the helicopter, sonar and divers in an effort to locate the King brothers, including a two-day search with divers, and all search results have been negative, Newell said.

A fully involved car fire reported on the Thruway in Batavia

By Howard B. Owens

A fully involved car fire is reported in the eastbound lane of the Thruway at mile marker 391.2.

It's unknown if there are any injuries, so Mercy EMS dispatched as a precaution.

Town of Batavia Fire Department dispatched.

UPDATE 7:52 a.m.: The location is just behind the Home Depot off Veterans Memorial Drive. Image Source, New York State Thruway.

UPDATE 8:37 a.m.: Town of Batavia back in service.

Car accident on westbound Thruway on ramp

By Billie Owens

A one-car accident is reported on the Thruway at the 48A westbound on ramp. An occupant is complaining of unknown injuries. Pembroke and Indian Falls fire departments and Mercy EMS are responding.

UPDATE 7:10 p.m.: A responder on scene says the car has heavy damage and is now in the woods after rolling over numerous times. Responders will have to go eastbound and take the Route 77 overpass to get to the location.

UPDATE 7:16 p.m.: There is one occupant, who was out of the vehicle -- walking, conscious and alert -- when medics arrived. He will be boarded and collared as per protocol and taken to a local hospital. State Troopers are also on scene.

UPDATE 7:29 p.m.: Pembroke and Indians Falls are back in service.

Car strikes pole in Oakfield, no injuries, but Fox Road is shut down

By Billie Owens

A car-into-pole accident is reported on Fox Road in Oakfield. The driver is not injured. The utility pole is in the roadway, prompting Oakfield Fire Police to shut down Fox at Maltby Road and at Route 262. A Sheriff's deputy is responding. Oakfield fire units are on standby in quarters. National Grid has been notified, no arrival time given.

Lady Lancers put pressure on Clymer, grab regional crown in Canandaigua

By Howard B. Owens

The plan against Clymer, Elba Head Coach Tom Nowak said, was to play a fast-paced game and wear down the Clymer girls.

"We felt with them not having a lot of depth -- they didn't use a lot of depth during the season -- that we thought we would just try to up-tempo the game a little bit," Nowak said. "We thought that might create some turnovers and down the stretch maybe not be as effective on offense."

The strategy paid off and Clymer was just 3-14 from the floor in the final quarter, allowing the Lady Lancers to pull away with a 53-37 victory and a slot in the state Class D championship final four.

Clymer features some height and athleticism down front, and center Meg Stucko said the Lancers prepared well for what they were going to face.

"We practiced a lot all week for their forwards," Stucko said. "We kind of knew what they were going to do and what we were going to do, so we were ready for it."

Forced turnovers kind of told the story of the game, with Elba's defense taking the ball away a number of times, especially on transitions.

Nowak said, "that's kind of our bread and butter."

Elba is now 23-0 on the season and will face South Kortright (22-0), the state's top-ranked Class D team at 9 a.m. March 17 at Hudson Valley Community College.

"We’re all really excited because we all really want to go to state so bad," Stucko said. "That’s what we’re most excited about, just the chance to be in the state final four is really awesome."

Prints of photos from the game can be purchase by clicking here.

If you can't view the slide show below, click here.

Photos: Notre Dame beats Panama to advance to final four

By Howard B. Owens

Sparked by Tim McCulley, who scored 21 points, and Doane McCulley, who added 16, the Fighting Irish advanced to the state semi-finals Saturday with a win over Panama in a Western Regional Championship match in Buffalo.

Notre Dame won 62-51.

On Friday, the Irish will face Sackets Harbor in a state semi-finals match at the Glens Falls Civic Center.

Photos from the game by Bare Antolos.

Top photo is of Doane McCulley.

Tim McCulley

Jared Thornton

Jared Midwick

Zach Hotze

'Fire explosion' reported on Pike Road in Alexander

By Billie Owens

A "fire explosion" is reported a quarter of a mile west of 2965 Pike Road in Alexander, which is the caller's address. Alexander and East Pembroke fire departments are responding.

UPDATE 8:13 p.m.: A firefighter is on scene and reports he's not sure what's burning there. The location is west of Upton Road.

UPDATE 8:17 p.m.: The firefighter on scene says it's a controlled burn that the fire department will have to extinguish. East Pembroke is put back in service.

UPDATE 9:11 p.m.: The location was determined to be 2929 Pike Road and the incident stemmed from a small rubbish fire. The homeowner has been apprised of new open burning laws and the Alexander Fire Department is back in service.

Elba Girls Basketball Team wins

By Billie Owens

The Elba Girls Basketball Team won the Western New York Regional Championship match against Clymer High School this afternoon at Finger Lakes Community College with a final score of 53 to 37.

The Lady Lancers now advance to the state semi-finals in a game next week in Albany.

Pictures T/K

Notre Dame wins regional championship game in Buffalo

By Howard B. Owens

The Fighting Irish of Notre Dame beat the Section VI champion, Panama, on Saturday by a score of 62-51 and will now advance to the state championship semi-final round.

Doane McCulley was named player of the game.

We anticipate having some pictures from the game to publish later.

Food processing plants in Oakfield and Bergen sold to French company

By Howard B. Owens

Allens Inc., a food-processing company based in Arkansas, has sold four of its six frozen vegetable processing plants, including its Oakfield and Bergen plants, to Bonduelle Group, a privately held firm based in France.

Terms of the deal were not disclosed. The sale is expected to close by the end of the month.

The four plants employ 400 people. The number employed in just Bergen and Oakfield were not released.

Allens is reportedly using the funds generated by the sale to invest in new technology and expand its canned-food operations in Arkansas, Wisconsin and North Carolina.

"We're excited to put a renewed focus on the core of our business and the market segments we are most passionate about," said Rick Allen, president and CEO of Allens. "With this renewed concentration, we anticipate greater growth, more innovation and even better customer service and product quality. We're excited about what this will mean to the marketplace and to our customers and partners, overall."

The purchase includes the Chill Ripe brand and the frozen Garden Classics brand, as well as a license to use certain brand names owned by Allens in the frozen business for a limited transitional period.

The two Genesee County plants were acquired by Allens in 2006 from Birds Eye.

Sources: Rochester Business Journal and a press release.

Colleagues agree, it will take a humble, hard-working attorney with a big intellect to replace David Gann in DA's office

By Howard B. Owens

In retirement, David Gann still worries about how technology will change law enforcement.

"When I started, an IBM Selectric (typewriter) was state-of-the-art technology and copy machines were still brand-new," Gann said. "Now, pretty soon, we won't have paper files any more. It's interesting to see the transformation going on, but we don't know if we will be able to access these files in 50 years. We still have files in MS-DOS and we don't know how much longer we can access those."

Former colleague Bob Zickl said in a letter recommending Gann for a major award that Gann could always talk "matter of factly about the next great technical or financial catastrophe."

The predilection to fret about looming technical difficulties is only one of the qualities of the former first assistant district attorney that enamored Gann to his colleagues.

He retired from the District Attorney's Office at the end of 2011, voluntarily giving up his position so that nobody else in the office would lose a job to satisfy the county's budget ax.

With his retirement came a statewide award from District Attorney's Association, the Robert M. Morgenthau Award, given to an assistant of the highest professional standards.

It's the first time an attorney from Genesee County received the fairly new honor.

"The greatest honor was just being nominated," Gann said. "To have my professional colleagues recommend me for such an award means a lot to me."

Besides ADA Zickl, backing Gann's nomination was District Attorney Lawrence Friedman, Genesee County Court Judge (and former District Attorney) Robert Noonan, Sheriff Gary Maha, Batavia Det. Charles Dudek and Le Roy Police Det. John Condidorio.

Gann's supporters praised his work ethic, his encyclopedic knowledge of criminal statutes and case law, his even temper (Zickl said he never once heard Gann utter a profanity in 27 years of working together), his ethics and adherence to the law and his desire to see justice done.

Besides handling all felony drug cases, Gann was the DNA expert in the office and handled the DNA portion of all murder trials from January 1997 through March 2010.

The drug work, Gann said was particularly important.

"I don't think we will ever totally eliminate drugs from the community," Gann said. "What we tried to do was make sure the guys who came out here to deal to think twice before doing it. We wanted to chase them inside so they would only deal with people they knew, so they wouldn't feel comfortable with people outside and stay off of street corners."

Condidorio praised Gann's work in helping investigators make cases against drug dealers.

"(Gann has) made a tremendous impact on Genesee County, taking significant drug dealers off the street and making it more difficult for them to spread their poisons to our youth and underprivileged," Condidorio wrote.

Noonan wrote a mock "help wanted" ad as part of his recommendation that demonstrated what big shoes the DA's office will need to fill if there's ever money in the budget to replace Gann.

Among the qualifications -- more than 30 years experience in New York's criminal justice system, scores of grand jury presentations and hundreds of briefs responding to appeals.

The candidate must also have the personal strength to deal with strong-willed police officers dealing with stressful searches in order to guide them toward the proper procedures.

"It is essential that this individual have the personal self-confidence to never gloat about an intellect that exceeds coworkers, lawyers and judges," Noonan wrote.

With the award won and no cases on the court docket, Gann's days and nights are no longer spent fretting over the proper wording of a search warrant application.

He's busy helping out with Friday fish fries at St. James Episcopal Church in Batavia, or reading, or getting out to community events with his wife, Marcia.

The Ganns have no plans to leave Genesee County.

"In Batavia, a small town, everything is smaller scale," Gann said. "You tend to know everybody and that makes it more rewarding to get involved. It's part of what makes Batavia, Batavia."

Gann's biggest plan for retirement is to do more things with Marcia.

"I have a wonderful wife and I enjoy being around her," Gann said. "That's my number-one priority."

Batavia school officials hope students learn from posting of fight video on Facebook

By Howard B. Owens

Batavia City School District officials are trying to use the posting of a video on Facebook of two middle school girls fighting as a "teachable moment," according to Deputy Superintendent Christopher Dailey.

He met with reporters from area TV stations Friday afternoon to answer questions.

Dailey admitted there were things he would rather do on his Friday afternoon than meet with the media over a little dust-up involving student conduct, but was hopeful that lessons can be learned from the incident.

"It's a teachable moment about what not to do on Facebook," Dailey said. "Unfortunately, in this day and age when something is out there online, it doesn't go away, even though we acted very quickly to get it removed.

"There is the potential for ongoing (problems). We don't want anything out there to come back and harm kids later on."

Getting the "Batavia Fights" page removed from Facebook was a combined effort involving the school district, Batavia PD, along with the cooperation of the parents of the child who created the page and the staff at Facebook, Dailey said.

"In this case, somebody let us know last night (about the video)," Dailey said. "Even if we hadn't learned about it last night, we would have found out about it today. We have wonderful kids in Batavia. We have kids who really care about their community."

There is a constant effort in the schools, Dailey said, to educate children about the pitfalls of online behavior.

"It's a new media and we try to teach them the right way to handle it," Dailey said.

The district is still investigating the incident and officials have yet to determine if the fight was staged for the benefit of a video camera or if it was a spontaneous fight.

Two middle school girls were involved in the fight and they suffered minor bumps and scrapes, according to Dailey.

At this time, officials don't believe the fight was related to any specific ongoing bullying issue, but officials were concerned that if the video stayed on Facebook, it might lead to harassment and bullying.

The fight occurred just after dismissal at the middle school, Dailey said, and in the 26th second of the video, a teacher at the school is seen arriving and intervening.

"Facebook is a blessing and a curse," Dailey said. "I used it for the reunion of my high school class and it was wonderful. When not used correctly, it can be hard for kids to handle."

The video was captured by WBTA's Geoff Redick before it was removed. The version below was altered by Redick to obscure the faces of the youngsters involved.

Blowing snow blocks out eastbound traffic lights on portion of East Main Street in the city

By Billie Owens

The blowing snow has apparently created somewhat of a driving hazard for eastbound drivers on East Main Street in the City of Batavia. Snow has reportedly blocked out the traffic lights at a couple of signals near East Main and Bank streets. A caller tells dispatch that you can't tell which light is showing -- red, yellow or green.

Abaco Archives: lobsters, sharks & blue water adventure

By JIM NIGRO

That's Leon Selapack, owner of L & L Transmission, holding a pair of lobsters. Photo was taken in late February 2003 near Johnny's Cay, offshore from the island of Abaco, Bahamas. Leon was part of a group that included Batavians Ricky Moore, Scott Offhaus, former Batavian John Fanara and myself. This being his first spearfishing adventure, Leon was a "rookie on the reef," so to speak. The pics were from day three of a week-long outing in which Leon would learn that, while everyone in the group enjoys a good shark story, it's not necessarily fun to be part of one.   

I once read the words of a veteran diver who said, in reference to encounters with predatory sharks, Man, when he starts swinging his head from side to side, it's a good time to be somewhere else"......Those words were far from my mind as I swam toward the bottom amid the square miles of patchwork coral found offshore of the outer islands of Abaco.

Before trying his hand with a Hawaiian sling, Leon decided to take a few pics. Here he caught me armed with a sling, skirting the edge of a coral head and peering into the recesses where fish hide out. Shortly afterward in this very spot, the first shark showed up. It was just off the bottom over a sandy pocket and eight or nine feet long. What's more,  it was close -- too close. And it wasn't just shakings its head from side to side - its whole body seemed to be writhing as it twisted and turned, just a whole lot of rapid movement. It was clearly in a state of agitation.  

Click on the headline to read more.

After surfacing Leon and I made for the boat, keeping an eye on our backside  the entire way. Once on board, we all agreed it would be a good time to relocate. That's Scott at the helm with John Fanara next to him.

After a short boat ride we prepared for another dive. While putting on my fins I was looking at the red and white candy cane pattern of the Hopetown lighthouse on Elbow Cay when Scott asked if I had seen any barracuda yet. Up to that point I hadn't seen a single one, which I thought was unusual.

After donning fins and masks, three of us reentered the water, John and myself with slings, Leon carrying only a camera. It didn't take long for us to put considerable distance between one another. Though unintentional, our going off in different directions was not a particularly good idea.

I don't think we were back in the water for half an hour when shark number two showed up. And I'm sure it was only coincidence but, with this being Leon's first spearfishing venture and armed with nothing but a camera, you probably don't need to guess who the shark took an interest in.

Leon managed to snap this photo before he discovered the shark had "taken a liking" to him. Once he realized the shark wasn't simply passing by, Leon's only concern was getting back to the boat.

The shark's tail appears small and its sickle-shape nearly impossible to make out. With its perpetual sweeping motion, Leon snapped the pic on the "backsweep," with the tail directly away from the camera. The white blur in the lower left corner is one of Leon's fingertips.

With John off in one direction and me in another and totally unaware of our companion's plight, Leon must have felt like an island. In fact, while Leon was being harrassed by the shark John was totally enrapt with the marine life,  particularly a large group of juvenile barracuda, a school numbering 100-200 fish slowly swimming past.  

Meanwhile the shark wouldn't go away, instead moving in closer, making a few passes and following Leon's every move. As a group, we've all had shark encounters in the past, but always without incident. This was unusual, especially since we hadn't speared any fish up to that point. Still, the shark insisted on stalking Leon, and for him each minute must have seemed like an hour and the possibility of an attack very real.

Much to Leon's relief, Scott and Ricky finally got him on board and John and I were picked up moments later. In the photo above, John removes his gear as we get under way to relocate for a second time that morning.

Leon quickly shook off any feelings of trepidation and was back in the water in no time. He did, however, choose to leave the camera on board and take a sling over the side instead. Not long afterward he took his first lobster. 

Scott prepares to hand off his sling before climbing aboard. Sometime after the shark incident John, Scott and myself were swimming over a submerged reef when we spotted an octopus several feet below. As I dove for a closer look, the octopus changed its coloration for an instant. In the blink of an eye it flashed a brilliant white, then quickly changed back to a drab brownish-green. With that it jettisoned off the reef, leaving behind a cloud of ink. I once thought such a tactic was a defense mechanism, but I've since learned that quickly turning white is their first reaction when frightened.

Here's Ricky Moore. In addition to spearfishing, Ricky tends to captain's duties when Scott is diving. He also serves as troubleshooter for the group, real "MacGuyver" who has made emergency repairs on the water, ranging from fixing a faulty bilge pump to jerry-rigging the surgical tubing on our slings. 

This is John and I with a quartet of "sters" as John would say. Like Ricky, John is a multi-tasker on these trips: he's not only productive with a sling in his hands, he also cleans the entire day's catch and tends to the chef duties. Thanks to his culinary skills, dinner most evenings was a veritable feast of seafood and pasta. 

With its frilly edge, this pure white flatfish looked like a lace doily. A type of  flounder or sole, after taking the photo I gave it a gentle nudge with my sling and off it went, moving through the water like a magic carpet before settling onto the sandy bottom. There it blended in so well it literally disappeared before my eyes.  

With a breaker crashing over the outermost reef in the background, Leon relaxes on the bow.

A few days later we boarded the puddle-jumper for the first leg of our trip home. Even before our plane neared the end of the runway it was airborne and after gaining altitude I was able to see the Hopetown lighthouse. From there it was easy to pick out Johnny's Cay just to the north. Beyond Johnny's was the turquoise-blue water that covered the coral reefs and a week's worth of adventure.

Tony Kutter inherited a business and a work ethic from his father

By Will Barton

EDITOR'S NOTE: This story is part of a series prepared on behalf of the tourism agency of the Genesee County Chamber of Commerce. The new tourism guide was recently published and is available at the chamber's office and will soon be available at other tourism locations. The guide is also available for download from the official tourism site for Genesee County, VisitGeneseeNY.com.

Of all the art and artifacts in Tony Kutter's home in Corfu, one he's quick to show off is a German beer stein presented to his father, Leo, after he completed his training in making handcrafted cheese.

The hand-painted stein depicts craftsmen making cheese.

“In Germany, if you went to school for a vocation, you would get an occupational stein to keep," Tony said.

Leo Kutter started his cheese-making career after World War I. Kutter had served in the German infantry as a teenager, was wounded, captured by Allied troops, escaped, and by the time the war ended decided he wanted to learn to make cheese.

One day, a boss suggested "you're a young man without a wife or child -- you ought to move to America and seek out better opportunities.”

Kutter set his sights on the then-boomtown of Buffalo and arrived at Ellis Island with only $16 in his pocket.

There were plenty of jobs available for immigrants in Buffalo in the 1920s.

"When he came to America, Buffalo was the largest manufacturing metropolis in the world," Tony Kutter said.

Leo Kutter took a job in a cheese factory and dreamed of owning his own business.

Kutter's Cheese opened in Corfu in 1947 when Tony was 14.

"I admired my father because he was steadfast and he worked hard," said Tony. "I learned from him to appreciate good work habits. I remember as a teenager, I wanted to play football and do all that stuff and he said, 'ah, that's just a waste of time.' I would come home after school, change my clothes and wash milk cans and get things ready for the next day."

There was time for fun, but Tony and his friends, who were all sons of dairy farmers, would complain about their chores and work life.

"Of course, we all thought we were being abused," Tony said with a chuckle.

Tony and his brother Richard learned the cheese business, but Leo Kutter didn't live long enough to see Kutter's grow into a nationally known brand of speciality cheeses.

Leo died when Tony and Richard were in their 20s and the brothers took over the business, with Tony running the factory and and Richard keeping the books.

"My father prepared me for my life and taught me how to set some goals and work hard," Tony said. "He prepared me for being successful in business. I think you can take the easy route, but my father wanted to start a business so much that when he died, I felt obligated to carry it on."

The business paid for Tony's three children to go to college and start careers of their own. The factory is now owned and operated by Yancey's Fancy, and the outlet store in Corfu is owned by Brian and Heather Bailey and Christine Adamczak.

It also opened a door for Tony to go to Russia after the collapse of the Soviet Union and help Russian entrepreneurs get started in the cheese business.

Kutter speaks Russian and owns bits of Russian history, such as sculptures, antique toy trains and a Soviet propaganda flag, all collected over the course of 31 trips to Siberia over a 12-year span.

He helped set up a cheese factory in Omsk that would serve as the central employer of 300 Mennonites.

Mennonites, being of German heritage, would have been granted permission to flee Siberia and return to Germany as refugees, but at the time Germany was suffering from high unemployment, and an influx of refugees would’ve only added to the problem. Instead, the German government offered to pay shipping costs to Omsk for all the necessary equipment for a cheese factory there.

"It was so interesting and rewarding to be able to help those people,” Kutter said.

The Mennonites learned to make cheese the Kutter way, which is to go well beyond a mere sharp cheddar -- the primary cheese being made in New York when Tony and Richard took over Kutter's -- and add flavors to create different specialty cheeses.

"I developed different varieties, such as horseradish cheese," said Kutter. "Everybody is copying me now. I was the first guy to make that stuff and they're making it in California now."

Even so, Tony is proud of the success he's had and warns others who might go into business for themselves: it's hard work.

"My father always told me if you‘re going to do something, be as good at it as you can be and make sure you really like it."

Top Items on Batavia's List

NOW HIRING seasonal agribusiness positions. CDL A & B Drivers to deliver bulk crop nutrients. Potential long-term opportunities. Great for retirees! GENERAL LABOR positions. Daily variety of indoor/outdoor responsibilities. Loader experience a plus. SIGN-ON BONUS and plenty of OT during spring/summer months. Apply in person at: 8610 Route 237, Stafford, NY www.cecrocker.com
Tags: Jobs offered

Authentically Local