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Alleged drug dealer accused of driving while smoking marijuana with child in the car

By Howard B. Owens
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       Marcos Torres

A suspected drug dealer from Batavia was stopped by a deputy today on suspicion of driving on a suspended license and at the time of the stop he was allegedly smoking marijuana with a child in the car.

Marcos A. Torres, 35, of South Main Street, now not only faces drug dealing charges but also charges of unlawful possession of marijuana, endangering the welfare of a child, and aggravated unlicensed operation, 3rd.

When Torres was stopped by Deputy Ryan DeLong, he was already wanted on a sealed grand jury indictment on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Torres is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions in the past four months.

Torres was jailed without bail.

Law and Order: Le Roy resident accused of possessing cocaine with intent to sell

By Howard B. Owens
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       Timothy Lee

Timothy O. "Cricket"  Lee, 37, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 3rd, criminal possession of marijuana, 4th, criminally using drug paraphernalia, 2nd, and endangering the welfare of a child. Lee was arrested as a result of a Local Drug Task Force investigation into the possession, transportation and sale of cocaine in and around the Village of Le Roy. The task force executed a search warrant on his residence and allegedly found cocaine, marijuana, drug paraphernalia and cash. He was jailed on $15,000 bail, $30,000 bond.

Andrew Kevin Wright, 27, of Prune Street, Batavia, is charged with attempted assault, 3rd, six counts of endangering the welfare of a child, criminal obstruction of breathing, and obstructing governmental administration. Wright allegedly struck a female and choked a juvenile male in the presence of five other juveniles during an altercation reported at 11:03 p.m. Sunday on Prune Street, Batavia. Wright was jailed on $2,500 bail or $5,000 bond.

Michelle L. Misiak, 52, of Fisher Parkway, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 16-year-old resident of Oak Street is charged with endangering the welfare of a child and harassment, 2nd. The youth was arrested after Batavia PD responded at 8:10 p.m. Tuesday to a report of a large group of people fighting on Highland Park, Batavia.

Elizabeth Ann Finnin, 48, of South Swan Street, Batavia, is charged with harassment, 2nd. Finnin allegedly punched another woman in the face. Also charged, Michelle Misiak, 52, of Fisher Parkway. Misiak is accused of fighting with another woman. The incident was reported at 3 p.m. Tuesday.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to pay a fine.

Stephen P. Durham, 20, of Chestnut Street, Batavia, is charged with unlawful possession of marijuana. Durham was charged following a traffic stop at 8:55 p.m. Monday on Cone Street, Batavia, by Officer Christopher Lindsay.

Melee involving more than two dozen people reported on Highland Park in the city

By Billie Owens

A group of about 30 people are reportedly fighting outside at 16 Highland Park. Unknown if weapons are involved. Dispatch has received mutliple calls about it. City police are responding. Three people are detained on Central Avenue.

UPDATE 8:29 p.m.: Backup law enforcement is requested to respond to Central Avenue in response to the public fight that occurred in the area.

UPDATE 8:31 p.m.: Three units that were called were subsequently told to disregard.

Genesee Chorale performs 'Christmas Memories' this weekend

By Howard B. Owens

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The Genesee Chorale performs "Christmas Memories" this Saturday and Monday in Batavia and Medina.

The program includes some new, some old and some old favorites with a new twist, sung by approximately 70 singers under the direction of Ric Jones and with accompaniment by Doug Hanson.

Concerts are at 7 p.m. Dec. 2 at St. James Episcopal Church, 405 E. Main St., Batavia, and at 7 p.m. Dec. 4 at First Presbyterian Church, 522 S. Main St., Medina.

Tickets are $8 presale, available from Chorale members or online at www.GeneseeChorale.com.

Photos by Howard Owens from Monday's rehearsal at St. James.

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Grand Jury: Man convicted of driving vehicle without consent indicted for unauthorized use of a Mercury

By Billie Owens

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

Batavia PD warns of Craigslist rental scam

By Howard B. Owens

Press release:

Batavia Police were made aware of a Craigslist scam in which the scammer reportedly has a house for rent. The residence is actually for sale by a realty company and is not for rent.

As of the time of this release, police have not had any reports of citizens falling victim to this scam. The Batavia Police Department is releasing this information to make citizens aware of the scam and to prevent anyone from being victimized by this fraud.

Attorney for accused drug dealer asked to produce death certificate for his client

By Howard B. Owens
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        Adner Davila

It appears that a 62-year-old man accused of dealing drugs in Batavia is dead but County Court Judge Charles Zambito said he needs to see proof.

Proceedings in the case of Adner Davila were adjourned until 9:45 a.m., Dec. 11, giving Attorney Michael Locicero time to locate a death certificate for his client.

Locicero told Zambito he's spoken with two sisters of Davila and they said their brother died Nov. 20. Locicero doesn't know where his client died, though Davila was supposed to be confined to his residence in Batavia while awaiting further court proceedings. He does believe Davila's body was transported by a funeral home in Rochester to Brooklyn.

Davila was arrested in early September and charged with: 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.

Join the party Friday for Christmas in the City

By Howard B. Owens

The Batavian and WBTA, local news partners for Genesee County, are hosting a Christmas party Friday evening during Christmas in the City at WBTA's studios at Main and Center.

Stop by between 5 and 9 p.m. and you could get a chance to win $100. Show us The Batavian's mobile app on your smartphone or tablet and you will be eligible to enter the drawing (no purchase necessary).

We will provide snacks catered by the Dibble Family Center.

  • To download The Batavian's app for iOS, click here.
  • To download The Batavian's app for Android, click here.

Photo: Olympia Sports is closing

By Howard B. Owens

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Olympia Sports, a national retail chain with a location in the Tops Plaza, is closing its Batavia location.

Sponsored Post: Give the gift of health this year

By Lisa Ace


YMCA OFFERS THE “GIFT OF GOOD HEALTH” THIS HOLIDAY SEASON! Looking for that last minute gift before Christmas is upon us? The Genesee County YMCA, located at 209 E. Main St. in Batavia, would like you to consider giving the “Gift of Good Health” this holiday season.

YMCA Gift Cards can be purchased now through Dec. 23rd, 2017 at the Genesee County YMCA, allowing people the opportunity to give a YMCA membership or program as a gift to loved ones or friends. A gift from the YMCA entitles a friend or family member to become part of an organization that believes in and promotes active and healthy lifestyles, progressive skills development, fair play, family, and character development.

The Genesee County YMCA offers a wide array of programs and services to meet the interests and needs of the entire family from memberships for youth, college students, families and seniors to swimming lessons, childcare, sports and summer camping, there is truly something for everyone at the Genesee County YMCA.

For more information on membership or programs offered at the Genesee County YMCA, please call (585-344-1664) or log on to our website at www.glowymca.org.

Law and Order: Oak Street resident accused of five residential burglaries

By Howard B. Owens

Davon St. John, 19, of Oak Street, Batavia, is charged with five counts of second-degree burglary. St. John is accused of five residential burglaries at five locations on Ellicott Avenue, Montclair Avenue, and Union Street, Batavia. One house was burglarized three times and the other two, once each. St. John was jailed on $50,000 bail, $100,000 bond. The burglaries were investigated by Det. Thad Mart, Det. Matt Wojtaszczyk, Det. Eric Hill, Det. Rich Schauff, Det. Kevin Czora, Officer Jason Davis, Officer Kevin DeFelice, Officer Mitchell Cowen.

Cody A. Eaton, 28, of Otis Street, Batavia, is charged with strangulation, 2nd. Eaton is accused of strangling another person at 4:23 a.m. Sunday at a location on Otis Street, Batavia. He was jailed without bail.

Natalie M. Cervone, 23, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Cervone was a passenger in a vehicle stopped for an alleged traffic violation at 8:30 p.m. Nov. 22 on Clinton Street by Officer Chad Richards.

Brandon J. Micucci, 18, of Main Street, Alexander, is charged with unlawful possession of marijuana. Micucci was allegedly found in possession of marijuana at 9:15 p.m. Nov. 20 at DeWitt Recreation Area by Officer Stephen Cronmiller.

D'andre J. Cramer, 18, of Maple Street, Batavia, is charged with unauthorized use of a vehicle, petit larceny, and criminal possession of stolen property, 5th. Cramer was arrested in connection with a report of a vehicle theft reported Sept. 4 from a location on Columbia Avenue. There was also an alleged theft from the vehicle. He was jailed on $1,000 bail.

Jason Scott Hall, 28, of Rochester Road, Gasport, is charged with DWI, driving while impaired by drugs, and unlawful possession of marijuana. Hall was arrested by Deputy Howard Wilson following a DEC license check on Feeder Road, Alabama, at 11 a.m. on Friday.

Jake T. Flick, 23, of Oakfield, is charged with unlawful imprisonment, 2nd, harassment 2nd, and acting in a manner injurious to a child under age 17. Flick was arrested in connection with an incident reported at 2:54 a.m. Saturday by State Police. No further information released.

Sponsored Post: 238 State Street – Completely updated two-story home

By Lisa Ace


Completely updated two-story home, features master suite on the first floor. There are four bedrooms and a full bathroom on the second floor.

Hardwood floors in the living/dining area. New tile in kitchen and sunroom and all new carpet on second floor. New hot water heater, furnace and electric panel. Roof-complete tear off about 5 years ago. There is a one-and-a-half car detached garage.

Call Michelle Dills, Howard Hanna at 585-343-6750 or click here for more information on this listing.​

Baby goats missing on Kelsey Road, Batavia

By Howard B. Owens

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These four baby fainting goats (myotonic goats) have been missing since yesterday from a residence on Kelsey Road, Batavia, near the church.

If you locate them, call Kim Schildwaster at (585) 813-3935.

UPDATE 1:53 p.m.: The goats are found and are safe.

Sponsored Post: 26 Webber Avenue – own one of the most admired homes in the village of Oakfield

By Lisa Ace


Great opportunity to own one of the most admired homes in the Village of Oakfield! Professional landscaping accents the amazing front porch.

The original front door has been beautifully preserved as well as original hardwood floors in dining room and living room. Gourmet kitchen (2012), butler pantry, huge first-floor laundry, full bathroom on first floor, an exercise room that could be a bedroom and a mudroom added in 2012. Second floor has five bedrooms and a full bathroom. 200 AMP service 2012, new roof (2011), tankless hot water heater (2012).

There is a deck (2014) overlooking the spacious back yard. The front porch has a new floor, soffit, ceiling, new lights, new steps and new screen door. Must see!

Call Michelle Dills, Howard Hanna at 585-343-6750 or click here for more information on this listing.

Photo: Ribbon-cutting celebration at Batavia's Original

By Howard B. Owens

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Kathy Ferrara, with her husband, Dan, children Marygrace, Daniel, Ashley, and grandson Brently, celebrated her purchase of Batavia's Original earlier this week.

After thanking the community, employees, and her family for their support, there was a ribbon cutting outside.

Previously: Batavia's Original, formerly Pontillo's, returns to local ownership

Note about the ribbon-cutting pictures. I messed up and forgot to change my camera settings when we shifted from inside to outside, so my ribbon-cutting photo was overexposed. Below there is a picture from the Kelly Birmingham of the Chamber of Commerce, and my photo in black and white.

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Photos: Shopping local on Shop Small Saturday in Batavia

By Howard B. Owens

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Sue Schultz checks out, with the help of Michael Mugler, her purchases at Adam Miller Toy and Bicycle this afternoon on Shop Small Saturday, a day promoted nationally to encourage shopping at locally owned businesses.

Locally owned retail businesses are critical to healthy local communities. Small business owners provide the support communities need to thrive and more of the money spent at a locally owned business stays in the local community to help the local economy grow.

For more:

  • Grow Your Own (PDF) by the Kansas City Federal Reserve (A guide for local communities on promoting support for small, local businesses)
  • The Shop Local Ripple Effect, by the Institute for Local Self-Reliance

For a directory of locally owned businesses, visit ShopLocal.TheBatavian.com.

Andrea Karas and Kasey Woodhouse shopping at Pollyanna and Dot and The Hidden Door.

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Gerald Diskin shopping for shoes at Batavia Bootery with Kevin Stone.

Sponsored Post: Reasons to hire an attorney for a workers’ compensation claim

By Lisa Ace


Reasons to hire an attorney for a workers’ compensation claim:

  • 1. The workers’ compensation system is complex, confusing, and often difficult to navigate.
  • 2. We will look out for your best interests, fight on your behalf against the insurance carrier to maximize your benefits, and make sure your questions are answered.
  • 3. In some cases, you may be entitled to a financial award, even if you did not miss any time from work as a result of your work-related injury.
  • 4. The insurance carrier will have a team of attorneys working on their behalf, having an attorney fighting on your behalf helps to level the playing field.

Please call Kristin Allen at Dolce Panepinto 585-815-9003 for any of your workers’ compensation needs.

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