batavia

      Adner Davila

A 62-year-old man facing multiple drug-dealing charges is being released from jail while awaiting further legal proceedings after a bail review hearing before Judge Charles Zambito in County Court this afternoon.

Adner P. Davila, of West Main Street Road, Batavia, scored well enough on a bail evaluation worksheet that he was deemed not a flight risk and eligible for release under supervision of Genesee Justice.

The bail evaluation is based on numerous factors such as ties to the community, potential jail term if convicted, appearance record on prior charges and prior charges, if any.

In Davila's case, he does have six prior felonies, including three violent felonies, in his past, as well as a failure to appear, but those charges were years ago and were not really a factor in his bail evaluation.

Davila is charged with two counts of criminal sale of a controlled substance, 3rd, five counts of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and one count of criminally using drug paraphernalia. 

During his release under supervision, Davila is confined to his residence at a trailer park on West Main Street Road, except for doctor's appointments. Upon request, Zambito also granted him permission to visit DSS to recertify his Medicaid eligibility, with notification of the trip to Genesee Justice.

A pole is down and wires are in the roadway at 140 Elm St., Batavia. City firefighters and Mercy medics responding.

UPDATE 1:35 p.m.: A semi truck was traveling down Elm Street when it snagged a tree branch, which snapped off and took down a pole and wires. It lodged between the cab and the trailer of the semi. No one was injured. The ambulance was sent as a precaution; the driver was a sign-off.

The monthly meeting of the Batavia Society of Artists last night featured a demonstration by Patricia Tribastone in a style of painting known as Alla Prima.

The Alla Prima style of painting is a technique in which the artist completes a painting in one sitting. The painting is done “wet into wet” and the main characteristics are fresh color, minimized detail, and brush work. 

Tribastone, who is involved in numerous national art organizations and has won several awards for her pastel and oil paintings, set up a still life scene for the demonstration and explained how she arranged her subject and the materials she used to complete the painting.

Tribastone has a gallery and studio in Canandaigua at 32 S. Main St.

This weekend the Batavia Players present at Harvester 56 a three-act play, "The Laramie Project," which is based on the murder of Matthew Shepard.

Shepard was a 22-year-old student at the University of Wyoming when he was beaten and robbed and left tied to a fence post in the fall of 1998. Two friends of Shepard's soon after claimed he was killed because he was gay and Shepard's death gained national attention and led to the creation of hate crime laws in most states. Whether Shepard was killed because he was gay has been called into question during the intervening years.

The play is written by Moises Kaufman and members of the Tectonic Theater Project in New York City.

Performances are at 7:30 p.m. Friday and Saturday and at 2 p.m. Sunday. Tickets are $13 for adults, $10 for seniors and students.

The show contains content that may not be suitable for young children.

The cast: Dorothy Gerhart, Michele Stamp, Joe Kasmierczak, Anthony Giambrone, Micheal Flanagan, Wendy Williams, Kathy Johns, Lucine Kauffman, Peggy Marone, and Norm Argulsky. All cast members play multiple roles.

This year’s 7th Annual Downtown Batavia Wine Walk will Fall Back to the '80s! Join us from 4 to 8 p.m. on Saturday, Oct. 7th. Make your way throughout some of our Downtown businesses, tasting over 20 amazing New York State Wines in '80s style. This year’s event offers several Large Raffle Baskets, photo booth fun, prizes for Best Dressed, social media voting on “Best Place to Taste” as participants decide on their favorite stop, and more!
 
Only 600 tickets sold to this year’s event! Regular tickets $25, VIP Tickets $35 and DD Tickets at $5. VIP ticket holders this year get in an hour early to start, a free entry into the raffles and a Wine Walk Goodie Bag.

Tickets are available now online at www.downtownbataviany.com or for purchase at Adam Miller Toy and Bicycle, The Yngodess Shop and The Hidden Door/Pollyanna & Dot.

Ron Burroughs was out on Ellicott Street yesterday evening in one of his custom-made bicycles. In this case, a two-seater made to look like a UPS delivery truck.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Thursday Sept. 14 from approximately 9 a.m. to 3 p.m. in the general area west of Bank Street and north of West Main Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants Monday –Wednesday, Sept. 18 – 20 from approximately 9 a.m. to 3 p.m. in the general area west of Jackson Street and south of West Main Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Press release:

Tracy Avenue in the City of Batavia will be temporarily closed to traffic from Washington Avenue to North Street, Wednesday, Sept. 13th, from 8 a.m. to 5 p.m. for sewer repair. Motorists are asked to seek alternate routes.

Genesee Community College holds a special place in the heart of Charles Zambito, the Genesee County Court judge said today during the 50th-anniversary convocation in the Stuart Steiner Theatre.

It's not that Zambito, who also served on the county legislature and as county attorney, graduated from the two-year college. He didn't even attend a class there. It was the role his father, Anthony Zambito, played in the development and success of the campus that makes the place special to him.

Anthony Zambito, a scientist who worked on the Manhatten Project, a farmer, and a community leader, served on the Board of Trustees for nearly 40 years, one of the longest such tenures in the nation. The college's gym is named after him.

"He believed deeply in the value of education and service to others," Charles Zambito said.

Charles Zambito, who was a teenager when his father became involved with the community college effort, witnessed firsthand the college's growth, and said during his keynote address today that the examples set by those early leaders offer lessons to new generations of leaders, which they can learn from, and they demonstrate values which are still deeply embedded in the spirit of GCC.

"Another factor that contributed to the early success of the college was the strong dedicated leadership beginning with the first board of trustees," Zambito said. "They deserve much credit for not only getting the college started on its early and rapid growth, but more importantly, helping instill a philosophy and culture of success and excellence as well as a special sense of loyalty and belonging. It was present on the very first day of classes and has remained a constant part of the college since."

The college almost didn't get off the ground, Zambito recalled. When Mike Ryan and the Batavia Area Jaycees first brought forth the idea of starting a community college in Batavia, the Board of Supervisors (the county's governing body then) rejected the idea. They weren't even willing to support a study of the proposal. Ryan and the other Jaycees had to convince the board that the study would cost them nothing and not commit them to supporting it once the study was completed.

Eventually, Ryan and his team produced a 75-page study recommending the creation of a community college.

By state law, all the board had to do was pass a resolution to create a community college, but a motion to take that step failed on a 9-10 vote. One of the opponents of the college idea then proposed a public referendum on the collage idea. That motion passed 14-6, with all of the opponents of the college voting yes and the six no votes coming from supporters of the college.

"It was everyone's belief that the chances of passage of this referendum were slim," Zambito said. "Defeat at the polls would effectively close the matter for the foreseeable future."

Opponents said there weren't more than 50 people in the whole county who would want to attend college and the county would be better off creating a vocational school, which would help put people to work and keep them off public assistance.

The referendum was scheduled for November 1965 and for more than a year prior to the vote, the college issue became the most widely debated and discussed issue in the history of the county, Zambito said. He said you couldn't walk down the street without somebody stopping you and asking you what you thought of the college proposal.

When the vote came, the referendum passed 7,730 to 6,670.

Two supervisors, the board president, and its treasurer, who opposed the college prior to the vote, made a crucial decision in the fate of the college at that point.

"They publicly announced that if the county was going to sponsor a community college, they wanted it to be the best in the state," Zambito said.

Among the values and principles embodied in GCC that were important to his father, Zambito said, were that the school be a place where concern for the welfare of students goes beyond what happens in the classroom. That tradition continues, he said.

"Going forward, I think if my father were here, he would be comforted by the fact that the GCC Board of Trustees and this administration and faculty and staff continues to be guided by the same principles and ideals to move forward, reaching new heights," Zambito said.

Press release:

Kimberly Brodsky, 26, of Bank Street in Batavia, was granted a one-year conditional discharge by Batavia Town Justice Michael Cleveland on Monday, Sept. 11, as a result of her guilty plea to one count of petit larceny.

She had originally been charged in Batavia Town Court in June with one count of fourth-degree grand larceny and one count of offering a false instrument for filing in the first degree. She agreed to plead guilty to petit larceny as part of a plea deal.

The original charges were filed after a Social Services investigation revealed Brodsky failed to list wages she was receiving on applications she submitted to the Genesee County Department of Social Services. By submitting the falsified documents to the Department of Social Services, Brodsky received $2,423.50 in benefits to which she was not entitled.

In addition to the conditional discharge Brodsky made restitution of $2,423.50 and received a lifetime disqualification from SNAP -- the Food Stamp program.

Anyone wishing to report suspected cases of welfare fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417, or 6416. All calls are confidential.

Martin Jones is indicted on two counts of criminal possession of a forged instrument, 2nd, and two counts of offering a false instrument for filing. Jones is accused of presenting a document, a forged Medical Examination for Employability report, to officials at the Department of Social Services on Feb. 23 for the purpose of fraudulently claiming benefits. He also allegedly presented a forged Medical Qualifications/Work Status report.

Daniel J. Difrancesco is indicted on a count of felony DWI and of refusing a breath test. Difrancesco is accused of driving drunk April 18 in the Town of Batavia on Route 5. It's alleged he has a prior DWI conviction within the past 10 years, in May 2007.

Gail M. Williams is indicted on a count of third-degree grand larceny. Williams is accused of stealing property with a value in excess of $3,000 from a location in the Town of Le Roy, between late 2014 and early 2017.

Friday, Sept. 22 is National Falls Prevention Awareness Day. This year’s theme, "10 Years Standing Together to Prevent Falls in 2017," seeks to raise awareness about falls prevention and unite professionals, older adults, caregivers, and family members to play their part in preventing falls.

The Genesee County Office for the Aging will be hosting a Falls Prevention Workshop from 11:30 to 1 p.m. on that day at the Senior Center at 2 Bank St., Batavia. We will have fall prevention tools and tips, balance testing, and blood-pressure screening.

Falls are the leading cause of fatal and nonfatal injury among older New Yorkers. Falls threaten seniors’ safety and independence and generate enormous economic and personal costs. Falling is not an inevitable result of aging. Through awareness, evidence-based interventions, clinical fall risk assessment and referral, home modifications, and community partnerships, we can reduce falls and fall injuries among older adults.

Press release:

The Batavia Police Department has received several stolen vehicle complaints within the past few weeks. Those vehicles have been located and investigations are still ongoing.

We would like to remind citizens to secure their vehicles at all times and to NEVER leave the keys in the car for any reason.

We at the Batavia Police Department are dedicated to protecting all persons and property and are continuing to partner with citizens to ensure Batavia remains a safe, enjoyable place to live.

Russell Leonard Penepent, 54, of West Main Street Road, Batavia, is charged with second-degree menacing and endangering the welfare of a child. Penepent allegedly menaced a neighbor and his 5-year-old child with a firearm at 3:19 p.m. Sunday. He was jailed on $2,500 cash or $5,000 bond.

Lawrence A. Guy, 41, of Roosevelt Avenue, Batavia, is charged with torturing or injuring an animal, endangering the welfare of a child, and coercion, 2nd. Police alleged that during a domestic incident Guy punched the family dog several times and threw it down several stairs in the presence of children. He was ordered held on $10,000 bail.

Jacob J. Russell, 21, of Walkers Corners Road, Byron, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of a controlled substance, 7th. Russell was arrested on a warrant by members of the Local Drug Task Force. During the arrest, Russell was allegedly found in possession of heroin. He is also accused of giving a quantity of heroin to another person. He was jailed on $50,000 bail.

Daniel James Maus, 56, of Johnson Road, Bergen, is charged with unlawful possession of marijuana. Maus was allegedly found in possession of marijuana during a traffic stop at 12:54 a.m. Saturday on Perry Road, Pavilion, by Deputy Mathew Clor.

Ryan Paul Isham, 26, of 66th Street, Niagara Falls, is charged with felony DWI, failure to yield right of way on left turn, and failure to yield right of way at a yield sign. Isham was arrested following an investigation into an accident reported at 12:55 a.m. Sunday on Route 98 in Elba by Deputy Ryan Young. Deputies responded to the accident and located a Dodge Ram pickup truck on its roof. Occupants of both vehicles were out of the vehicles. Isham was determined to be the driver of a Chevrolet Silverado. Isham was transported to UMMC for evaluation and released. All other occupants were treated and released at the scene. Additional charges are pending.

Miguel E. Alvarez, 22, of Maple Avenue, Batavian, and a 16-year-old resident of Trumbull Parkway are charged with petit larceny. At 10:20 p.m. Saturday, Batavia PD officers Arick Perkins and Christopher Lindsay attempted to speak with two suspicious males on West Main Street, Batavia. When approached, the subjects ran. They were later taken into custody and one of the subjects was allegedly found trying to conceal a 30-pack of beer and pizza in his pants that had been stolen from Tops.

Molly M. Smith, 45, of MacArthur Drive, Batavia, is charged with DWI and driving while impaired by drugs. Smith was arrested following an investigation into a minor injury motor-vehicle accident at 5:12 p.m. Friday on West Main Street, Batavia, by Officer Marc Lawrence.

Ronald P. Dixon, 38, of Pearl Street Road, Batavia, is charged with possession of a hypodermic instrument. City PD responded to a report of a burglary in progress at 1:10 a.m. Friday on East Main Street, and located Dixon, who was wanted on a warrant. At the time of his arrest, he was allegedly found in possession of a needle and other drug paraphernalia. He was jailed on $2,000 bail on the warrant.

Michael J. Difalco, 29, of West Main Street, Batavia, is charged with criminal possession of stolen property 5th. Difalco allegedly sold property he knew to be stolen at Pawn King in the Town of Batavia. He was jailed on $500 bail.

Julio C. Morales Jr., 32, of Upton Road, Batavia, was arrested on a warrant. Morales was arrested on a theft of services charge in 2015 and allegedly never appeared in City Court on that charge. He was jailed on $250 bail.

Henry L. Banks, 47, of Ross Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic charge.

A 17-year-old resident of Skye Road, Tonawanda Indian Reservation, is charged with attempted assault, 1st, harassment, 2nd, and obstructing governmental administration. Batavia PD responded to Burger King at 5:46 p.m. Aug. 28 for a reported disturbance. A person reportedly struck a vehicle. When police arrived, the suspect fled and was later apprehended.

Anthony A. Leone, 49, of Jackson Avenue, Batavia, was arrested on a warrant for a trespass charge stemming from an incident on Ellicott Street reported at 4:25 p.m. Aug. 15.

Khala Linn Ray, 18, of Ridge Road, Gasport, is charged with DWI, driving with a BAC of .08 or greater and no headlamps. Ray was stopped after Officer Arick Perkins observed at 2003 Pontiac Vibe on Ross Street being driven without headlights at 1:55 a.m., Aug. 26. Ray's vehicle was stopped on Washington Avenue.

Tyler M. Hughson, 22, of Hawthorn Drive, Albion, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hughson was stopped at 9:32 p.m. Sept. 1 on East Main Street, Batavia, by Officer Mitchell Cowen.

Rachell O. Soggs, 29, of South Swan Street, Batavia, was arrested on a warrant for alleged failure to appear.

Christopher Steven Bump, 22, of Briarwood Terrace, Batavia, is charged with false personation. At 7:30 p.m. on Aug. 27, Officer Arick Perkins responded to Pearl Street, Batavia, for a report of a suspicious vehicle. When contacted, Bump allegedly provided the officer with a false name.

John R. Delara, 19, of Gilbert Street, Le Roy, is charged with criminal trespass, 3rd, petit larceny and unlawful possession of marijuana. Delara is accused of entering unsecured vehicles in a downtown parking lot at 10:15 a.m. Aug. 31 and attempting to steal items from the vehicles.

Tatiana C. Lugo, 22, of Batavia, was arrested on a warrant for alleged failure to appear. He was jailed on $2,500 bail.

Taylor K. Hicks, 25, of Pembroke, is charged with DWI and driving with a BAC of .08 or greater. Hicks was stopped by State Police at 8:05 p.m. Sept. 7 on Genesee Street, Pembroke.

As part of the lighting upgrades for Batavia City Schools included in the capital improvement project was a new exterior LED lighting system for Batavia Middle School. The LED lights are more energy efficient, but they also let school officials decorate the school in colored lights. Last night, the school was bathed in blue.

Photo courtesy Principal Ashley John Grillo.

Kimberly Argenta and friends were out Saturday morning spreading a little kindness with a project she created that involves people painting rocks and spreading them around the community.

Photos by Diane Cox.