batavia

It's not the 107-year sentence former County Court Judge Robert C. Noonan handed down to convicted child molester Sean Vickers, but Vickers will still serve many decades in prison. 

Earlier this year, the jury trial conviction of Vickers was overturned on appeal because the appeals court found he wasn't properly tried under the same counts in the original indictment against him. 

It looked like a new trial for Vickers, but in October, Vickers agreed to a plea agreement. While that means Vickers might avoid a similar 100-year sentence, it also means his victims won't be required to testify again.  

On that guilty plea, today Judge Charles Zambito sentenced Vickers to the agreed-upon 40-year prison term.

He was already serving a 20-year term on a similar conviction in Niagara County.

In a rematch of last year's Rotary Tournament finale, Notre Dame, this time, was the more dominant team, beating Cal-Mum, 43-35.

"We didn't really have an identity early in the season last year and it showed," said ND's head coach Tom McCulley. "They were a mature team and we weren't really there yet. This year I think we probably had the edge maturity."

The star of the game was Stevie Wilcox, who scored 17 points and seemed in command of her game from the start. She was named tournament MVP.

"We were ready to bring it and play as a team and work together because when we do, we're unstoppable," Wilcox said.

The Lady Irish are always tough on defense and McCulley said that's what he saw from his team again, especially in the first half, when Notre Dame held the Lady Raiders to six points. Guard Morgan Rhodes was a big part of that, he said.

"Morgan was steady all throughout," McCulley said. "She got some steals and helped us with ball pressure so we weren't allowing them to get comfortable in their sets, maybe not as quickly as they would like. I think most of the time, when I looked up, by the time Cal-Mum got in their sets there was 16 seconds off the close. I was shocked by that. That puts a lot of pressure on the offense to execute."

Margret Sutherland and Natale Thornton also had big games. Sutherland scored 10 points and Thornton scored nine. Both were a strong presence under the boards.

Callie McCulley added six points.

For Cal-Mum, Elyse Van Auken scored 12 points.

Besides Wilcox at MVP, the all-tournament team was Taylor Gadd, Attica, Ryann Stefaniak, Batavia, Elyse Van Auken, Cal-Mum, Margaret Sullivan, Notre Dame, and Callie McCulley, Notre Dame.

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A one-vehicle rollover accident with minor injuries is reported on the Thruway in the area of mile marker 389.3.

Town of Batavia fire with mutual aid from Le Roy fire dispatched.

UPDATE 11:37 a.m.: Chief on scene reports vehicle on its wheels in the median.

UPDATE 11:39 a.m.: Patient is walking around and no complaint of pain. Mercy EMS to continue for patient evaluation.

A two-car accident with possible injuries is reported at the Thruway overpass bridge on Lewiston Road; the address is 8169 Lewiston Road, Batavia. It is partially blocking the southbound lane. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:02 a.m.: One patient has a minor laceration. A first responder says medics can "take it easy coming in."

A dog has been reportedly left in the cold in a Nissan parked outside Kmart in Batavia.

The caller does not believe the car is running.

A deputy is responding.

UPDATE 9:41 a.m.: Caller reports the owner has come out, got into his vehicle and left the area. Deputy's response canceled.

Town of Batavia officials were sworn in by Town Justice Tom Williams prior to the Town's organizational meeting on Wednesday night. Pictured from left: Tom Williams, town justice; Daniel Underhill, councilperson; Greg Post, supervisor; Patti Michalak, councilperson; Thomas Lichtenthal, highway superintendent; Teressa Morasco, town clerk.  

Photo and info submitted by Chad Zambito.

It will be Notre Dame and Cal-Mum facing off tonight in the championship match of the Batavia Rotary Club Girls Basketball Tournament.

After Batavia delivered an uninspired performance leading to a loss to the Red Raiders 43-40, the Lady Blue Devils will face Attica in the consolation game at 6 p.m.

NOTE: the games have been moved from Friday night to tonight because of the anticipated cold snap tomorrow.

The Lady Raiders will face a motivated Lady Irish team that had two of the squad's top players both in sync Wednesday night, with Callie McCulley scoring 22 points and Margaret Sutherland scoring 16 to help lead a dominating 64-42 win over Attica. Natalie Thornton added 13 points.

Attica was led by Taylor Gadd with 13 points and Kacey Pearce with 10.

Top scorer Wednesday night was Cal-Mum's Elyse Van Auken, who scored 24 points. Makenzie Wilson scored eight points.

For Batavia, Ryann Stefaniak scored 13 points, Bryn Wormley, eight, and Kenzie Reigle, seven.

Two Batavia players missed the game due to illness.

A newcomer to watch with Batavia is 5' 11" sophomore Emma Krolczyk, who scored six points. 

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Police located and arrested a drug dealer yesterday who was accused of failure to appear in County Court for his sentencing and of violating an order of protection while awaiting sentencing.

Officers learned that Charles "Gusto" Williams, 38, was at a residence on Ross Street based on a citizen's tip.

Batavia PD sought the public's assistance in locating Williams after he refused to turn himself in on a warrant.

He was jailed pending his arraignment today.

He was convicted of criminal sale of a controlled substance, 3rd, and criminal contempt, 1st.​

Nicholas G. Williams, 41, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Williams is accused of unlawfully entering a dwelling in Le Roy with the intent to commit a crime, thereby violating a court order to stay away from the resident. He was also charged with resisting arrest. He allegedly resisted officers when they attempted to place handcuffs on his wrists. He was jailed on $10,000 bail.

Christina M. Sanchez-Anderson, 29, and Kodey R. Mills, 24, both of Church Street, Le Roy, were charged with criminal possession of a controlled substance, 7th. Sanchez-Anderson and Mills were arrested after Le Roy PD responded to a report of a domestic disturbance at 9:30 a.m., Sunday. During the investigation police allegedly observed a crack pipe in plain view in the living room. Mills was released on an appearance ticket. There was a warrant for the arrest of Sanchez-Anderson on an unrelated charge. She was jailed on $1,000 bail.

Lori A. Say, 50, of Roanoke Road, Stafford, is charged with petit larceny. Say is accused of shoplifting from a business on West Avenue in the Village of Le Roy.

James M. Tinker, 25, of Fowler Road, Linwood, is charged with criminal mischief, 4th. Tinker is accused of punching and breaking the window of another person in the Village of Le Roy during a dispute. Tinker was treated for cuts on his hand an issued an appearance ticket.

Chazmar T. Walters, 25, of Myrtle Street, Le Roy, was arrested on a warrant for alleged failure to appear. 

Brian Gilbert Keller, 22, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller allegedly spit in the face of another person, a violation of a refrain from offensive conduct order of protection. He was jailed on $10,000 bail, $15,000 bond.

A chicken coop fire is reported at 3246 Galloway Road.

A first responder on scene reports two sheds, one completely on the ground, the other starting to get fully involved, about 50 feet from the residence.

Town of Batavia fire with mutual aid from Oakfield dispatched.

UPDATE 6:48 a.m.: East Pembroke requested to stand by in quarters. The flammables and snowblower removed from the second shed.

UPDATE 6:53 a.m.: Per town command, everything on the road can respond non-emergency. East Pembroke can go back in service.

Michael Paul Carey, 32, of Main Street, Batavia, is charged with criminal obstruction of breathing or circulation.  Carey is accused of fighting with another inmate in the Genesee County Jail at 11:33 p.m., Monday. Carey allegedly tried to strangle a fellow inmate.

Allea Beth Devos, 30, of Prospect Street, Batavia, is charged with DWI, failure to dim headlights, and refusal to take breath test. Devos was stopped at 9:31 p.m., New Year's Eve, on Ellicott Street, Batavia, by Sgt. Eric Seppala.

Rebecca Sue Hensel, 35, of Pratt Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and speeding. Hensel was stopped at 10:39 p.m., Friday, on Main Street Road, Batavia, by Deputy Mathew Clor.

Edward Jordan White, 22, of Michigan Street, Lockport, is charged with possession of dangerous contraband while confined in the first degree. White, while an inmate at the Genesee County Jail, allegedly possessed an alcoholic beverage at 9:43 p.m., Dec. 26.  He is being held on unrelated charges.

Michaela Rose Leach, 18, of Transit Road, Pavilion, is charged with trespass.  Leach was allegedly found at College Village after being barred from the property four days earlier.

Matthew H. Pape, 26, of Oakfield, is charged with harassment 2nd and endangering the welfare of a child. Pape was arrested by State Police following the report of an incident at 9:49 p.m., Monday, in Oakfield. Pape was jailed on bail. No further details released.

Eric M. Schroer, 22, of Depew, is charged with DWI and driving with a BAC of .08 or greater. Schroer was stopped at 10:03 p.m., on New Year's Eve, at Tensow Road and Bloomingdale Road, Alabama, by State Police.

Press release:

The Batavia Police Department has closed out the Mo-Vember / Don’t Shave December campaigns for 2017. The department was able to raise $1,320 for Genesee Cancer Assistance during Mo-Vember.

Don’t Shave December raised more than $600 for Genesee County Sheriff’s Jail Deputy Nicholas Bender and his family. Members of the department would like to thank the community for their support and donations.

The Mo-Vember Worldwide Campaign started in 2003 in Australia and has since grown. Mo-vember was started to bring awareness to men’s health; specifically, prostate cancer, testicular cancer, mental health and suicide prevention.

Submitted photo: Sue Underwood, director of Genesee Cancer Assistance, receives a donation check from Officer Frank Klimjack. Also pictured, Sgt. Chris Camp, Officer Jason Davis, Chief Shawn Heubusch, and Officer James Prusak.

A fundraiser for a family whose 6-month-old daughter is recuperating from brain surgery will be held this Saturday, Jan. 6, at Sacred Heart Social Center in Batavia. It is located at 17 Sumner St.

"Caring for Cailyn" will take place from 5 to 10 p.m. and feature delicious food catered by the Dibble Family Center as well as a cash bar and live music from the OHMS Band. There will also be a Chinese auction and silent auction.

Tickets are $25 and will be available at the door or in advance at Batavia Tailors & Cleaners, located at 52 Ellicott St., Batavia. (No credit cards please, cash or checks accepted.)

Little Kailyn Fenton, of Rochester, is the granddaughter of the owners of Batavia Tailors & Cleaners, Kathy and Jim DuRei. The infant was born with hydrocephalus and had surgery in September to put in a shunt to relieve the fluid build up on her brain.

"She's doing really well now," grandma Kathy says.

The money raised Saturday will help the family offset medical expenses.

Press release:

To help reduce further transmission of influenza and/or other infectious diseases, Rochester Regional Health is instituting the following restrictions for hospital visitors as of Jan. 3:

• Visitors will be limited to no more than two people per patient at a time;
• All visitors must be at least 14 years old;
• Please do not visit a patient if you feel you are ill, including sore throat, fever, runny nose, coughing, sneezing, or other flu-like symptoms -- even if you have been vaccinated against the flu.

Status as of Jan. 3 (tomorrow):

• Rochester General Hospital (Rochester) – Visitor restrictions in place
• Unity Hospital (Greece) –  Visitor restrictions in place
• United Memorial Hospital (Batavia) – Visitor restrictions in place
• Newark-Wayne Community Hospital (Newark) – Visitor restrictions in place
• Clifton Springs Hospital & Clinic (Clifton Springs) – Visitor restrictions in place

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Rochester Regional Health is an integrated health services organization serving the people of Western New York, the Finger Lakes and beyond. The system includes five hospitals; primary and specialty practices, rehabilitation centers, ambulatory campuses and immediate care facilities; innovative senior services, facilities and independent housing; a wide range of behavioral health services; and Rochester Regional Health Laboratories and ACM Global Laboratories, a global leader in patient and clinical trials. Rochester Regional Health is the region’s second largest employer. Learn more atRochesterRegional.org.

A sex offender serving a 15-year prison term and facing a trial on charges that have been pending since 2016 asked County Court Judge Charles Zambito to postpone the trial because he's "in transit" between prisons.

Nobody was quite sure what Marlek Holmes meant by that claim, so as he stood in County Court -- shackled and in a green prison jumpsuit -- he explained to Zambito that in order to make court appearances, he's been transferred from Auburn to Wende. Prison officials limit what he can bring with him. He can't bring all of his case documents and while at Wende he's in isolation and doesn't have access to the law library.

Holmes is facing a trial Jan. 22 on charges that he failed to register a change of address as a sex offender in 2016. During the trial, the court will also hold a hearing on whether he should be declared a persistent violent felony offender.

Holmes was facing a possible life-in-prison sentence before he agreed to a plea agreement the day his trial was supposed to start May 4. He entered a guilty plea to attempted criminal sexual act in the first degree, a Class C violent felony. He was sentenced to 15 years in prison on that conviction May 31.

While he was in jail on these charges, Holmes assaulted a fellow inmate, a crime he was convicted of following a jury trial Oct. 6. He has yet to be sentenced on that conviction.

Zambito told Holmes that he didn't find the prison transfer issue a sufficient reason to delay his trial. He told him he had an attorney, Fred Rarick, who is handling his actual legal defense. He isn't representing himself.

"If it requires an order to get the Department of Corrections to provide you with your paperwork, I'll sign an order," Zambito said.

Jury selection in the trial of Holmes on the failure-to-register charge begins Jan. 22.

A hearing on whether Holmes is a persistent violent felony offender will take place before the actual failure-to-register trial begins, the morning of Jan. 23. The hearing will help determine the severity of his sentence stemming from the Oct. 6 conviction for assaulting a fellow inmate.

A motor-vehicle accident with injuries is reported at East Main and Ross streets. City fire and Mercy medics are responding.

UPDATE 2:36 p.m.: A second ambulance requested to the scene. The accident is blocking traffic.

UPDATE 2:55 p.m.: One person was transported to UMMC for evaluation. This was a T-bone accident and an officer at the scene said it will be difficult to determine who's at fault because "both claim the light was green."

UPDATE 3:02 p.m.: City fire is back in service.

(Submitted photo) Entreprenuers Vicki Wood, left, and Michelle Gillard will host the Grand Opening of The E.O.C. – Essential Oil Center this Saturday in Batavia.

Information provided by The E.O.C.:

Vicki Wood and Michelle Gillard are excited to announce the Grand Opening of The E.O.C. – Essential Oil Center this Saturday. 

The E.O.C. is located on the REAR side of the Valu Plaza, 4152 W. Main Street Road, Batavia.

You are invited to stop by the Grand Opening Jan. 6 from 1 to 4 p.m. and see the hundreds of oils and oil-infused products in stock. There is literally something for everyone.

Most people have heard about essential oils but they may not know the different varieties and how they can be used. There is so much to learn and discover about essential oils.

"This is strictly an education center," Gillard said. "It is not a retail store."

You can attend a variety of classes at The E.O.C. free of charge. 

The E.O.C. is affiliated with Young Living Essential Oils, a worldwide network marketing organization.

You don't have to buy Young Living Essential Oils to take classes at The E.O.C. If you choose to buy the Young Living Essential Oils Premium Starter Kit, it costs $160 and is comprised of 11 essential oils, a diffuser, some samples and a one-year membership in Young Living.

If you choose to renew your membership after a year, you can do so by buying $50 worth of Young Living products.

Whether you are a beginner with little or no knowledge of essential oils, or you're an avid user, The E.O.C. classes are designed to educate people about the value, importance and necessity of incorporating essential oils and oil-infused products into their life and homes. The class schedule changes monthly.

View the upcoming classes here. 

Questions or comments? Call Michelle Gillard at 297-0779 or Vicki Wood at 749-9411.

(Editor's Note: This post was updated on Jan. 5 to include information about the global network marketing company, Young Living Essential Oils, affiliated with The E.O.C.)

      Benito Gay

Benito A. "Red" Gay, 29, of Vine Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Gay is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions.

He was indicted by a Genesee County Grand Jury on a sealed indictment.

On Dec. 28, Deputy Ryan DeLong identified Gay as the operator of a vehicle in the Town of Batavia. Following a traffic stop, he was charged with DUI - Drugs, unlawful possession of marijuana, unlicensed operation, and registration plate display violation.

He was issued tickets and released.

Later that evening, deputies learned that Gay was wanted on a sealed grand jury indictment. They proceeded to Gay's residence on Vine Street and took him into custody on the warrant.

He was jailed pending further court proceedings.

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.