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September 10, 2009 - 11:50am
posted by Howard B. Owens in batavia, crime, Dietrich Williams.

Dietrich Williams, accused of shaking a baby and seriously injuring the child, has been writing letters to Judge Robert Noonan, Noonan revealed in court today.

The letters deal with issues related to his case and his potential sentence, Noonan said.

"I think communications would be better coming from you rather than your client," Noonan told Defense Attorney Jerry Ader.

Noonan than provided copies of the letters to Ader and District Attorney Lawrence Friedman.

Williams was in court because his attorney has filed a series of motions designed to test the legitimacy of the case against Williams. The fairly standard motions ask Judge Noonan to determine if the case presented by the People to the Grand Jury was sufficient and challenge the use of any post-arrest statements made Williams at a trial.

Ader is also asking for copies of medical reports from the hospital about the nature of the injuries to the baby.

"This is critical evidence as to what the injuries where and whether they were caused by my client," Ader said.

Friedman said his office hasn't received the records either and he said he would prepare a subpoena to have the records produced for the proceedings.

The case was continued to Sept. 24, when Judge Noonan will hear oral arguments regarding the admissibility of any statements Williams made.

September 10, 2009 - 9:26am
posted by Howard B. Owens in batavia, crime.

Timothy O'Neil Lee, Sr. CricketA suspected drug dealer who allegedly sold cocaine to an undercover agent four times in May was taken into custody Wednesday afternoon by Genesee County Local Drug Enforcement Task Force.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance.

Lee was spotted Wednesday on driving Washington Avenue. He was arrested following a traffic stop.

Lee is in Genesee County Jail pending arraignment this morning in Genesee County Court.

Assisting in the investigation were uniformed members of the Genesee County Sheriff's Office and the District Attorney's Office.

UPDATE: Lee appeared in court this morning and pled not guilty to the charges. Prior to this arrest, he was out of jail on $20,000 bond stemming from a previous indictment on charges of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. All three counts related to cocaine. Today, additional bail or bond was set at $5,000.

September 10, 2009 - 8:18am
posted by Howard B. Owens in batavia, Basom, crime.

Jennifer A. Benhatzel, 32, of Basom, is charged with identify theft, possession of a stolen credit card and forgery. Basom was arrested earlier this month by the State Police. She is held without bail. The alleged crimes took place at Smokin' Joe's in Lewiston. The case remains under investigation.

William A. Andrews, 29, of 16 Ross St., Batavia, is charged with criminal mischief. Andrews allegedly slashed the tires of a neighbor's vehicle. He was jailed on $2,000 bail. The arresting officer was K. M. DeFelice.

September 10, 2009 - 6:56am
posted by Robin Walters in batavia, GCC.

This Saturday, September 12th, Care-A-Van will be heading to GCC for their Annual Fall Cookout.

The cookout will be held at the Dorms Parking lot beginning at 4:00 PM until ?.

The cookout will inlcude hot dogs, hamburgs, salads, baked beans, pickles, chips, pop and ice cream cones. The Care-A-Van band will provide music while the students enjoy their food.

All Students are invited to bring their friends  and have a good time.

On Sunday, September 13th we will return at 4:30 for a church service beginning at 4:30 PM. Pastor Dale Gooch from the Emmanuel Baptist Church will bring the message.

During the school year, Care-A-Van visits the dorms on a monthly basis. We knock on 95 dorm rooms and bring them a treat, along with words of encouragement and prayer if needed.  Over the years, we have had the opportunity to build relationships with these students. They look forward to our monthly visits and the little suprise package that we bring them.

If there is any organization or church that would like to partner with us and join in on our monthly visits to the dorms, please contact us at 343-0328.  This is a great outreach opportunity for the community.

May God Bless all the students for the new school year!


September 10, 2009 - 12:09am
posted by Howard B. Owens in batavia, Batavia Downs.

Don't you think Governor David Paterson and the rest of the Albany government would love to get its hands on revenue generated by Batavia Downs to help offset the state's budget struggles?

County Manager Jay Gsell thinks so, and he's skeptical of a task force created by Paterson to study the efficiency of the state's off-track betting facilities and decide whether all of the state's OTB operations could be consolidated under a single authority.

According to a resolution passed by the Genesee County Legislature on Wednesday evening, many industry pundits think the task force is nothing but a naked attempt to grab OTBs from local control.

Batavia Downs, as with many OTB facilities in the state, contribute revenue to the local governments that support and have invested in the facilities.

"This is just a revenue grab by the state," Gsell said after the meeting.

There are problems with downstate OTB facilities, Gsell said, but it makes no sense to create a single authority to run all of the OTB locations when some of them are doing quite well.

And in the case of Batavia Downs, only after substantial investment.

"It took a large investment just to get it to where it is today," noted Gsell. "They saved what was a moribund, decrepit facility that had been abandoned by private enterprise."

Gsell said the Western Regional Off-Track Betting Corporation invested millions of dollars -- with unpaid debts being somewhere between $15 million and $20 million -- to turn Batavia Downs around.

If the state takes over OTB operations, the revenue both to pay off the debt and to help fund county operations will be diverted to Albany.

"If New York wants to take some of the money, they need to take some of the costs, too," said Legislator Hollis Upson before the resolution vote, "which we know they’re never going to do."

Legislator Charles Zambito called the state's revenue grab unfair because the off-track betting corporation built Batavia Downs into a well run, profitable facility and any problems faced by downstate OTBs have nothing to do with the Downs.

"It would be extremely unfair for them to come in now and say, 'Give it to us,'" Zambito said.

The resolution will be sent to the state task force, but has no force or effect to change whatever the task force decides to do.

September 9, 2009 - 11:26pm
posted by Howard B. Owens in batavia, Jason Molino.

Among the items on the agenda for Monday's City Council meeting is a resolution authorizing a pay increase for City Manager Jason Molino.

The resolution states, "WHEREAS, the City Council of the City of Batavia wishes to grant a wage adjustment to the City Manager for the current year based on his performance evaluation."

If approved, Molino's base pay would go up 2.85 percent to $83,487 and would be retroactive to April 1.

September 8, 2009 - 8:17pm
posted by Bob Price in batavia.

Just noticed the new sign in front of First Niagara Bank on West Main - they updated their logo and made a tall sign, but no more time/temp sign. It was kind of handy for those of us that don't have temperature readouts in our vehicles (and it seemed pretty accurate also). Now we are down to one time/temp sign on Main St. in Batavia  -the one in East Town Plaza.....oh well-may seem insignificant to some, was handy for others.

September 8, 2009 - 8:08pm
posted by Ronald Burroughs in batavia, Habitat for Humanity.

The winner of "The Little Habitat House" was Mark Schlaggel of Batavia. He was so relieved, he didn't have to build one for his 5 yr. old daughter, Marla.


Here Ron Burroughs and Sam Barone, from Genesee County Habitat, turn the key over to Mark Schlaggel and his daugher, Marla.


Marla received her new house on Labor Day and also starts Kindergarten at Robert Morris School, this week.

Thanks to all of you for your donations!!!!!!!!!!!!!!!!!!!!!

September 8, 2009 - 5:05pm
posted by Howard B. Owens in batavia.

First Ward City Councilman Bill Cox says there is growing opposition to the school district applying for a grant to develop the North Street Extension with a series of athletic fields.

To help give First Ward residents a chance to share their thoughts on the proposal, he is hosting a community meeting Saturday morning from 9:30 to 10:30 at the Salvation Army Headquarters, 529 E. Main St.

"There is growing public opposition to this development," Cox said in a statement today. "As a councilman, resident, and taxpayer, I want to present the feelings of First Ward residents and taxpayers to council at the next city council meeting. I will also share my position with our residents on this proposal during the meeting."

Doors will open at 9:15 a.m.

September 8, 2009 - 4:42pm
posted by Howard B. Owens in batavia, crime, Law Street.

The Batavia Police Department conducted a check point on Law Street from 10 p.m. Friday to 2 a.m. Saturday and released details on the enforcement action today.

Two people were arrested for alleged DWI, one person for alleged operation of a vheicle while under the influence of drugs and another person for alleged unlawful possession of marijuana.

The following arrests were made:

Julian J. Matla Jr. 46, of 35 Church St., Le Roy, charged with DWI.

Christopher Herman, 30, of 39 Citation Drive, Henrietta, charged with DWI and endangering the welfare of a child.

Shaun P. Murray, 52, of 117 Friar Drive, Rochester, charged with driving while ability impaired by drugs.

Ellen A. Murray, 52, of 117 Friar Drive, Rochester, charged with unlawful possession of marijuana.

September 8, 2009 - 4:03pm
posted by Howard B. Owens in batavia, crime.

Paul R. Tenney, 39, of Batavia admitted in court today that he stole more than $106,000 from his  employer, Elcon, Inc..

Under terms of the plea agreement, Tenney could be sentenced to five years probation and either six months in jail, or a four-month intermittent term, plus he could be required to repay the stolen $106,000.

Judge Robert Noonan released Tenney from jail following his guilty plea. Between now and his sentencing, Tenney will be under the supervision of Genesee Justice and must abide by a curfew from 6 p.m. to 6 a.m.

The jail sentence is the maximum time, under statute, that a convict placed on probation by a judge can be required to do, according to District Attorney Lawrence Friedman.

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

September 8, 2009 - 3:34pm
posted by Howard B. Owens in batavia, accident, alexander.

A Batavia man is in satisfactory condition following a single-car, rollover accident on Route 98 in Alexander at 12:22 a.m. Monday.

David E. Stupp, 39, of 8052 North Bennett Heights, Batavia, suffered a fractured neck in the accident.

Stupp was reportedly driving northbound on Route 98 when his 2004 Mercedes-Benz convertible left the east shoulder. The car struck a ditch in a driveway culvert and overturned, coming to rest facing south.

No other people were involved in the accident.

Stupp was cited for DWI, unsafe lane change, speeding and refusal to submit to a breath test.

September 8, 2009 - 2:04pm
posted by Howard B. Owens in batavia, crime.

Justin Fay, who was an Eagle Scout, honor roll student and honor society scholar in college, pleaded guilty today to one count of misdemeanor criminal trespass for breaking into the Harvester Center one rainy Saturday night in late July.

Now a Rochester resident, Fay told Judge Robert Balbick in City Court that he did enter the Harvester Center without permission.

He had been facing a burglary charge.

Fay will be sentenced after the Monroe County Probation Department completes a pre-sentencing review.

We have no information at this time on his co-defendants, William F. Wernert III and Cory C. Pickering.

September 8, 2009 - 10:43am
posted by Howard B. Owens in batavia, Ellicott Street, road closures.


It looks like work has finally begun on the Ellicott Street railroad crossing. 

Center Street is closed at Ellicott. There is two-way traffic this morning on Ellicott, but guided by cones.

September 8, 2009 - 8:35am
posted by Melissa George in batavia, jaycees, sports, Labor Day, 5K, run, results.

photo credit Melissa A George 5k 09 pic 1.JPG

And they are off!  2009 Batavia Area Jaycees Labor Day 5k Run/Walk

September 7, 2009 - 11:53am
posted by Howard B. Owens in batavia, crime, pembroke, Darien.

Joseph D. Becerril, 21, of 320 Polebride Road, Avon, is charged with criminal possession of stolen property and petit larceny. Becerril was arrested at Darien Lake Theme Park for allegedly stealing items from cars in the parking lot. Becerril was jailed on $1,500 bail. The case was investigated by Deputy Jason Saile with assistance from deputies Frank Bordonaro and Howard Carlson as well as the State Police and Darien Lake security.

Joseph M. Hamm, 32, of 580 Glide Road, Rochester, is charged with DWI, driving with a BAC of .08 and unlicensed operation. Hamm was arrested after the Sheriff's Office received a report early Saturday morning of a car in a ditch off Sumner Road in Darien.

Eric P. North, 29, of 152 Linwood Ave., Amherst, is charged with DWI, driving with a BAC of .08 and failure to keep right. North was arrested following a traffic stop on Route 33 in Pembroke by Deputy Bradley D. Mazur.

Karen A. Dusky, 37, of 7158 Wright Road, Basom, is charged with DWI, driving with a BAC of .08, failure to keep right and endangering the welfare of a child. Dusky was stopped just after midnight Saturday morning by Deputy Patrick J. Reeves on Route 77 in Pembroke. She reportedly had a child under 17 in the vehicle with her.

Carrie M. Capizzi, 28, of 3300 Broadway, Alexander, is charged with DWI, driving with a BAC of .08 and failure to dim headlights. Capizzi was stopped for allegedly failing to dim headlights at 2:39 a.m. on Route 20 in Alexander by Deputy Howard Carlson.

Heather L. Leith, 30, of 3938  Risher Road, Youngstown, Ohio, is charged with DWI, driving with a BAC of .08 and inadequate headlights. Leith is also accused of with driving an unregistered vehicle, improper license plates and operating without insurance. Leith was stopped by Deputy Mazur just after midnight on Sunday morning. She was jailed on $500 bail.

A 17-year-old is charged with trespass. The youth is reportedly a former employee of Darien Lake Theme Park who had been banned from the property, yet was found in the park Sunday about 4 p.m..

Mitchell J. Atwell, 24, of 308 Mcintyre Road, Le Roy, is charged with harassment. Atwell is accused of making verbal threats during a dispute with a neighbor.

Christopher T. Herman, 30, of 39 Citation Drive, Henrietta, is charged with DWI, operating with a BAC of .08 and endangering the welfare of a child. Herman was stopped Sunday at 1:05 a.m. at a police checkpoint on Law Street. Herman reportedly had his 4-year-old son in the car.

Julian J. Matla, Jr., 45, of 35 Church St., Le Roy, is charged with DWI and operating with a BAC of .08. Malta was stopped at a police checkpoint at 11:58 p.m. Saturday.

Michael T. Ellis, 21, of 2781 School St., North Collins, is charged with DWI. Ellis was arrested by Batavia Police after allegedly failing to abide by rules set down in a conditional discharge for a previous DWI guilty plea.

Karen Grzybowski, 38, of 24 Audabon Terrance, is charged with harassment. The charge stems from an incident at 10:05 p.m. Saturday on Allegany Road in Darien. No details were provided.

Jacob R. Hennard, 20, of Bergen, is charged with DWI and operating with a BAC of .08. Hennard was stopped by State Police on Colby Road in Darien at 10 p.m. on Friday.

September 6, 2009 - 2:21pm
posted by Howard B. Owens in batavia, Batavia Downs, sports, harness racing.

bataviadowns_080072009.jpgPress Release:

Batavia, NY --- Again proving he’s the best pacer in Western New York, the popular sidewheeler Arm And A Leg was victorious in the $8,500 Open Handicap on Saturday night (Sept-5) at Batavia Downs Casino.

Arm And A Leg was sent right to the front by Downs dash leading driver Kevin Cummings and they never had an anxious moment in cruising to an easy 5-1/4 length score in 1:54 flat. Triple Bars (Jimmy Whisman) was second and Oh Gee Whiz (Jim McNeight) completed the top three.

This was Arm And A Leg’s third Open win during the 2009 Summer-Fall meet and his 10th win this season. He’s a 6-year-old son of Nobleland Sam. John Cummings Sr. trains and co-owns with Mark Jakubik. Going off as the favorite Arm And A Leg paid $4.30 to win.

America’s oldest lighted Harness track will present a special Labor Day matinee program; post time is 1:15 p.m. Food specials include an $8.00 Chicken Barbeque and $1.00 Hot Dogs served in the Paddock room and a $6.95 lunch buffet in the Clubhouse, all available from noon until 4 p.m.

In addition to live racing from August to December, Batavia Downs Casino offers simulcast wagering from some of North America’s top tracks. The gaming floor, featuring over 600 of the area’s hottest slot machines is open from 10:00 a.m. until 2 a.m. daily. For more information call 585-343-3750 or go on-line at www.bataviadownsasino.com.

Todd Haight
Promotional Marketing Specialist
Batavia Downs Casino

Photo of Arm And A Leg with Kevin Cummings cruising  to victory in Batavia featured pace. Courtesy of Paul White.

September 6, 2009 - 11:57am
posted by Howard B. Owens in batavia.

Police are responding to the 100 block of Elm Street, where a lost 6-year-old was found walking down the street crying.

UPDATE: It sounds like the child was reunited with her family.

September 5, 2009 - 7:29pm
posted by Howard B. Owens in batavia.

There is a reported stabbing in the Country Meadows Trailer Park on Clinton Street Road. Law enforcement is on scene. Mercy EMS has been dispatched.

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