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October 18, 2018 - 2:39pm
posted by Howard B. Owens in bergen, byron-bergen, news.

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On Tueday, seventh graders at Byron-Bergen Junior/Senior High School joined in with the Village of Bergen for Community Action day, going to Hickory Park, Zuber Park, and the Community Gardens to rake, weed, pick up sticks, and plant flowers.  This is the third year students hveparticpating in the event. The class will return to the parks in the spring to plant flowers and spread mulch as well as do any clean up that is needed.

Photos and info submitted by Principal Patrick McGee.

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October 17, 2018 - 4:37pm
posted by Billie Owens in crime, news, batavia, alexander, Le Roy, notify, east bethany, bergen.

Iszon C. Richardson, 18, of Lewis Place, Batavia is charged with: criminal contempt in the first degree -- with physical contact; criminal obstruction of breathing / blood circulation; burglary in the second degree -- illegal entry of a dwelling; resisting arrest; and fourth-degree criminal mischief. Richardson was arrested following an investigation into a domestic violence incidence that was conducted by Officer Lawrence. The defendant is accused of illegally entering the residence of a protected person on Jackson Street in Batavia at 12:34 p.m. on Oct. 14. The victim has a stay-away order of protection against Richardson, who is accused of choking that person and damaging property. Richardson was located in the area by Officer Ivison and Officer DeFelice. Richardson resisted arrest and fled on foot before being apprehended a short time later. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Catherine Mucha.

Michael Lettice, 71, of Lehigh Station Road, Henrietta, is charged with grand larceny, second-degree forgery, and issuing a bad check. On Oct. 12, Lettice was arrested for allegedly fraudulently endorsing two checks on May 21. He was arraigned and put in Genesee County Jail without bail. He was due in City Court on Monday (Oct. 15). The case was investigated by Batavia Police Officer Catherine Mucha.

Mitchell Merrill, 33, and Haley Merrill, 26, both of East Main Street, Batavia, are charged with: five counts each of criminal possession of stolen property in the fourth degree; and four counts each of criminal possession of stolen property in the fifth degree. They were arrested following an investigation by the Genesee County Sheriff's Office following a report of larceny to a vehicle at 12:40 a.m. on Oct. 14 in the Village of Alexander. They were allegedly found in possession of stolen property consisting of five credit cards and other personal property taken from multiple vehicles throughout the village. Mitchell is being held in GC Jail without bail; Haley is held on $5,000 cash bail or $10,000 secured bond. Both were due back in Alexander Town Court this afternoon (Oct. 16). The investigating officers were: Sgt. John Baiocco, Deputy James Stack and Deputy Andrew Mullen.

Carlos Edward Guevara, 45, of Highland Parkway, Batavia, is charged with third-degree assault. It is alleged that at 9:38 p.m. on Oct. 6 that Guevara became combative and began attacking an Emergency Medical Technician who was rendering aid to Guevara. The defendant had been found unresponsive, lying on the sidewalk on Hutchins Street. He is due in City Court on Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Isaiah J.A. Munroe, 28, and Chercal A. Smith, 23, both of Batavia, were arrested on Oct. 13 on Bank Road in the Town of Middlebury in Wyoming County. Wyoming County Sheriff's deputies stopped to check on a vehicle parked in a parking area off of Bank Road. Munroe was the male driver of a 2014 Hyundai Sonata that was found parked with the engine running; Smith of the front-seat passenger. The odor of marijuana was allegedly detected by the deputies as they approached the vehicle. A subsequent search of the vehicle led to the discovery of three OxyContin pills; one tramadol pill, and concentrated cannabis -- all controlled substances. Smith was also allegedly found to have concealed two pill bottles in her bra containing marijuana and marijuana blunts. Both occupants of the vehicle were arrested and the Sonata was towed. They are charged with three counts each of criminal possession of a controlled substance in the seventh degree. Smith was additionally charged with unlawful possession of marijuana. They were arraigned in Village of Warsaw Court and both were jailed with bail set at $500 cash or $2,500 bond apiece. They are due in Town of Middlebury Court on Oct. 22. Wyoming County Sheriff's Sgt. Colin Reagan handled the case.

Luis A. Ramos-Mercado, 34, of South Main Street, Batavia, was arrested Oct. 16 at 9 a.m. on a bench warrant out of city court. It was issued after he failed to appear for: having a suspended vehicle registration; operating a motor vehicle while his registration was suspended; and having an unregistered motor vehicle. He was arraigned and jailed on $1,000 bail. He had a second bench warrant, also out of city court, for failure in appear on a charge of second-degree criminal trespass. His bail on that was set at $2,500. Ramos-Mercado had a third bench warrant out of city court and it was for failing to appear on a charge of using drug paraphernalia in the second degree. Bail for this was also set at $2,500. The defendant is due in city court on Oct. 18 on all three cases. Batavia Police Officer Arick Perkins handled the cases.

Daniel B. Cochran, 63, of East Bethany, was arrested at 11:38 p.m. on Oct. 9 for: DWI; aggravated DWI; moving from lane unsafely; refusal to take a breath test; and unlawful possession of marijuana. Troopers in Wyoming County arrested him after a traffic stop on Route 20A in the Town of Orangeville. He allegedly failed to maintain his designated lane while driving, prompting the traffic stop. He failed multiple standard field sobriety tests and was transported to State Police Barracks in Warsaw for processing, where he allegedly had a BAC of .18 percent. Cochran was issued traffic tickets for the Town of Orangeville Court and is due there on Oct. 24.

Aaron Lee Klein, 47, of State Street, Batavia, was arrested at 1:40 a.m. on Oct. 15 on Monclair Avenue, Batavia City police responded there for a report of a disturbance and arrested Klein after it was discovered that an order of protection was in place, requiring that Klein stay away from the address. He was arraigned and jailed on $5,000 cash bail or bond and is due in city court on Oct. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Darryle Streeter. He is also charged with criminal use of drug paraphernalia in the second degree and endangering the welfare of a child less than 17, stemming from an incident on Sept. 9, and that case was handled by Batavia Police Officer Jason Ivison.

Marissa S. Adams, 19, of West Main Street Road, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 2:50 p.m. on Oct. 15 on State Street in Batavia after she allegedly took a phone out of the hand of a person attempting to contact police and threw it on the ground, causing it to break. She was issued an appearance ticket and is due in city court on Oct. 23. The case was handled by Batavia Police Officer Jamie Givens.

Steven David Smires, 23, of Clay Street, Le Roy, is charged with trespass. At 2:07 p.m. on Oct. 10, Genesee County Sheriff's deputies responded to Route 19 in the Town of Le Roy for a trespass complaint. After an investigation, Smires was arrested. He allegedly entered a house on Warsaw Road in Le Roy and remained unlawfully in the backyard of a residence. He was issued an appearance ticket and is due in Le Roy Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Tiesha Deon Doward, 32, of Pearl Street, Batavia, is charged with petit larceny. She was arrested at 4:01 p.m. on Oct. 10 on East Main Street in Batavia following an incident at Dollar General. It is alleged that Doward entered the store, selected two items from shelves in the store then proceeded to the cash register, where she indicated the intent to return those items using a receipt from several days prior. She was issued an appearance ticket by city police and is due in coity court on Oct. 23. The case was handled by Batavia City Police Officer Chad Richards.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on a bench warrant on Oct. 11 for failing to appear in court. He was arraigned and jailed in lieu of $1,000 bail. Gladney was due back in city court on Oct. 15. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jamie Givens.

Mark J. Spath, 48, of Rochester, was arrested by Troopers out of SP Batavia Barracks at 11:55 a.m. on Oct. 10 at 11:55 for criminal possession of marijuana in the fourth degree, no seat belt, and uninspected motor vehicle. Troopers stopped Spath on State Route 19 in the Town of Bergen for no seat belt. While speaking to Spath, the operator, Troopers allegedly detected the odor of marijuana emanating from the vehicle. Spath was placed under arrest after Troopers searched the vehicle and allegedly found Spath to be in possession of approximately 7.76 ounces of marijuana. Spath was transported to SP Batavia where he was issued an appearance ticket for the Town of Bergen Court later this month.

Travis L. Bartz, 23, of Buell St., Batavia, is charged with unlawful possession of marijuana. At 8:58 p.m. on Oct. 12 on Trumbull Parkway in Batavia, Bartz was arrested for allegedly possessing marijuana. He is due in Batavia City Court on Nov. 6 to answer the charge. Also on Oct. 12, Bartz was arrested on an outstanding bench warrant for failure to appear in city court on a charge of unlawful possession of marijuana stemming from August. He was released on his own recognizance until his next court appearance Nov. 6. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Officer Christopher Lindsay.

October 11, 2018 - 6:05pm
posted by Billie Owens in bergen, Oakfield, news, notify, crime, Grand Jury.

John M. Grabowski is indicted for the crime of predatory sexual assault against a child, a Class A-II felony. It is alleged that on Feb. 16, 2016, in the Town of Oakfield that Grabowski commited first-degree rape -- he being age 18 or older and the victim with whom he is accused of engaging in sexual intercourse was less than 13 years old. In counts two, three, four, five, six, seven, eight, nine and 10, the defendant is accused of second-degree rape, a Class D violent felony. It is alleged in those counts that the adult defendant engaged in sexual intercourse with a person less that 15 in the Town of Oakfield, respectively, on: May 22, 2016; July 4, 2016; Feb. 27, 2017; May 22, 2017; July 4, 2017; Thanksgiving Day (November) 2017; Christmas Day (December) 2017; and Feb. 27, 2018. In counts 10, 11 and 12, Grabowski is accused of third-degree rape, a Class E felony, for allegedly engaging in sexual intercourse as an adult male with three other persons less than 17 on these respective dates in the Town of Oakfield: May 22, 2018; July 4, 2018; and July 23, 2018. In count 13, he is accused of criminal sexual act in the third degree, a Class E felony, for allegedly engaging in oral sexual conduct without the person's consent, and that was due to some reason other than incapacity to consent. In count 14, Grabowski is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count 14 that the defendant knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 and did so between Oct. 1, 2016 and July 24, 2018, in the Town of Oakfield.

Trametrias L. Scott is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on May 27, 2018 in the Town of Bergen, that she drove a 2005 GMC on Route 33 in the Town of Bergen while in an intoxicated condition. In count two, Scott is accused of aggravated DWI, per se, as a Class E felony. It is alleged in count two, that she had a BAC of .18 percent or more at the time. In count three, the defendant is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that Scott knew, or had reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities at the time and that she was under the influence of alcohol or a drug at the time. In count four, she is accused of circumventing an ignition interlock device, a Class A misdemeanor, for driving the GMC which was not equipped with this device she was required to have. In Special Information filed by the District Attorney's Office, Scott is accused of having been convicted of DWI, as a misdemeanor, on Aug. 5, 2016, in the City of Rochester Court, and that conviction was within 10 years of the crimes alleged in the current indictment.

October 11, 2018 - 4:09pm
posted by Billie Owens in bergen, news, Pride, Luka, LGBT.

Photo of Luca (real name Luke Farner) courtesy of Julia McCormick Photography.

Press release:

BERGEN -- On Nov. 4th Luka will be performing at the largest Pride celebration in Southern California. Luka will perform immediately following the Pride Parade through downtown Palm Springs capping off the last day of Pride Week.

The Greater Palm Springs Pride Week in Downtown Palm Springs is the setting for a vibrant, pedestrian friendly Pride Festival, unique to Southern California in the Coachella Valley. A diverse array of artists, entertainers, LGBTQ+ supporters, and celebrities will unite to celebrate achievements in social equality, diversity and unity.

Luka will be celebrating with the Pride Parade on Sunday, Nov. 4th, and performing on the Museum Stage, in the heart of downtown, next to the Palm Springs Art Museum.

He will be giving the crowd some New York’s favorites including: Lesbe Honest, Nobody’s B#tch, King Bee, and XXXtra Terrestrial. Luka has performed in venues around New York and is excited to make his first debut on the California entertainment scene.

“I am honored and blessed to be invited to participate Palm Springs Pride,” Luka said. “This event means so much to me and honors all generations of LGBTQ+ community members and supporters.

"We would never be here today, celebrating our unity and equality without the pioneers who deeply relentlessly sacrificed themselves to achieve equality for all individuals.”

About Luka: Luka is a singer songwriter artist (real name Luke Farner) who lives in Bergen. He has been writing and performing since he was 8 years old. He is also a renowned stylist fashion guru adored by many of his clients. Luka lives with his 14-year-old kitty Anastasia Marie. Find more about Luka here.

About Palm Springs Pride: Greater Palm Springs Pride is a nonprofit community enhancement organization founded to promote the public education and awareness of individual rights and civil liberties of the lesbian, gay, bisexual and transgender community and to promote the history, diversity and future prosperity of the Greater Palm Springs LGBT community. Serving as an advocate for equality and diversity in the Coachella Valley for 30 years.

October 4, 2018 - 3:41pm
posted by Howard B. Owens in crime, batavia, bergen, news, notify.
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       Morgan Coles

A Batavia man is a suspect in the theft of guns from a firing range in Bergen and may face federal charges.

Morgan R. Coles, 20, of Jackson Street, was arrested Wednesday at his residence following the execution of a search warrant and he was charged with criminal possesion of a weapon in the first degree for allegedly possessing 10 or more firearms.

Last week, 14 guns were stolen from The Firing Pin. Chief Deputy Jerome Brewster said all of the guns reported stolen were recovered at Coles' residence.

While additional state charges may be pending, particularly those related to the break in at The Firing Pin, Brewster said investigators at ATF, who assisted in the investigation, are also considering federal charges against Coles.

Brewster believes Coles intended to sell the guns rather than stockpile them for himself.

Whether Coles has the contacts to move such merchandise is unclear. Brewster said he had a minimal criminal record.

Asked how investigators came to make an arrest so quickly, Brewster said, "Good police work."

"The right people," Brewster said. "The right individuals.

"I'd be the first to tell you," he added, "we were lucky, but you can't solve anything if you're not out there doing your job, asking questions; but there was a little bit of luck involved, and, yeah, it was good, concentrated police work."

Investigator Brad Mazur led the investigation. Members of the Local Drug Task Force, which is involved in most major investigations, also assisted.

Coles was jailed without bail.

October 3, 2018 - 3:33pm
posted by Billie Owens in news, accidents, bergen, Le Roy.

A car crashed into a tree off eastbound Route 490 near mile marker 2.4. Injuries are reported.

Bergen fire and Le Roy fire are called to respond along with Le Roy Ambulance Service.

UPDATE 3:39 p.m.: Injuries were said to be minor; but one victim is said to be losing consciousness. Mercy medics are called.

UPDATE 3:52 p.m.: A patient has been extricated.

UPDATE 3:57 p.m.: A second patient has been extricated.

September 29, 2018 - 11:18am
posted by Billie Owens in byron, bergen, news, RPO, Holiday Pops Chorus, music, Singing Silhouettes.

Pictured (left to right, back to front): Erin Parnapy, Caleb Calhoun, Jacey Donahue, Sydney Brown, Jason Hoehn, Hope Hersom, Hannah Van Skiver, Kelly Ireland, Stephanie Buell, and Justine Bloom.

Submitted photo and press release:

Congratulations to the 10 Byron-Bergen students chosen to participate in the prestigious Rochester Philharmonic Orchestra Holiday Pops Chorus.

These students will join other top vocal performers from school districts across eight local counties to perform with the world famous Rochester Philharmonic Orchestra under the baton of Grammy-winning conductor Jeff Tzich.

"It's my last year," said senior Stephanie Buell. "I'm ready to go out with a bang with a great group of singers."

The students were selected via diverse criteria, including NYSSMA solo scores, experience singing in choirs, teacher recommendation, and overall musicality. Three of the selected singers also participated last year.

The students chosen to perform are sopranos Jacey Donahue, Hope Hersom, Kelly Ireland, Erin Parnapy, and Hannah Van Skiver, altos Justine Bloom, Sydney Brown, and Stephanie Buell, and basses Caleb Calhoun and Jason Hoehn.

"It's a tremendous honor," said Byron-Bergen music teacher and choirmaster Laurence Tallman.

All of the participating students study voice with Tallman and are members of the school's select chorus, the Singing Silhouettes. Despite the concert being almost three months away, the students are excited to get started. As sophomore Kelly Ireland put it, "We're pumped!"

The performances are: 7:30 p.m. on Thursday, Dec. 20; 8 p.m. on Friday, Dec. 21; 2 and 8 p.m. on Saturday, Dec. 22; and 2 p.m. on Saturday, Dec. 23.

The Rochester Philharmonic Orchestra is located at 108 East Ave. in Downtown Rochester. Tickets are on sale at the RPO website here, or by calling the box office at 454-7311.

September 28, 2018 - 11:22am
posted by Billie Owens in crime, news, notify, bergen.

A total of 14 firearms were taken from the Firing Pin shooting range in Bergen shortly before 11 o'clock last night, according to an incident report issued this morning by Deputy Ryan DeLong of the Genesee County Sheriff's Office.

The building at 8240 Buffalo Road was forcibly entered. All the stolen weapons -- including firearms, rifles and shotguns -- have been entered into the state and national databases, and local, state and federal law enforcement agenices have been notified.

The offenses commited at the Firing Pin include: third-degree burglary -- illegal entry with intent to commit a crime; grand larceny in the fourth degree; and grand larceny in the third degree -- property value exceeding $3,000.

There are no similar crimes reported in Genesee County.

Sheriff's Investigator James Diehl is designated to lead the case and anyone with information is asked to call him at (585) 345-3000, ext. 3571.

September 18, 2018 - 11:39am
posted by Howard B. Owens in byron-bergen, news, sports, bergen, soccer, Wilmont Cancer Institute.

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Press release:

On Saturday, Sept. 15, the Byron-Bergen soccer teams took to the field looking to score more than one kind of goal. Of course, they wanted to win their games but they also wanted to raise awareness for testicular cancer and a monetary donation to the Wilmont Cancer Institute.

They were successful on all fronts. The varsity girls won 3-0 against Alexander and the varsity boys won 4-1 against Attica. Byron-Bergen players set aside their burgundy team jerseys and played in T-shirts, blue for testicular cancer awareness, reading “Kickin' Cancer” on the front. In addition, they collected $2,910 in cash and checks.

Several vendors were present at the event who will donate a percentage of their sales to the total. When those final numbers are in, the teams are hopeful that it will bring the total to $3,000.

The check presentation to the Wilmont Cancer Institute will be scheduled for later in the school year. 

Photo: Varsity Girls Soccer Team, from left, Miriam Tardy, Chloe Shuskey, Hope Hersom, Holleyann Winder, Rebecca Johnson, Veronica Duell, Lydia Campbell, Zoey Chambry, Elizabeth Donnelly, Julianna Anesbury, Melissa MacCowan, Eden Goff, Kelsey Fuller, and Jillian Menzie.

September 12, 2018 - 12:14pm
posted by Billie Owens in bergen, news, GCASA, Bergen Evangelical Church.

Press release:

Guest speakers from Buffalo and the first Genesee County appearance of the new mobile unit of Genesee/Orleans Council on Alcoholism and Substance Abuse (GCASA) will highlight Freedom from Addiction starting at 10:30 a.m. this Sunday (Sept. 16) at Bergen's Sage Pavilion.

The free event is offered for people who are struggling with addiction or those who have loved ones who are struggling. 

Guest speakers include representatives of Adult and Teen Challenge of Buffalo, a nationwide organization that has a high success rate in helping people break free from destructive habits. 

GCASA will also unveil its new mobile unit that will be offering counseling and peer advocate services throughout Genesee and Orleans counties. People who attend the program will be able to visit the mobile unit, talk with a GCASA counselor and peer advocate supervisor to learn more about services that are available. 

GCASA will be rolling out these services through the mobile unit during the next month in Genesee County, then will expand the service into Orleans County as well.

Adult & Teen Challenge provides residential treatment. Two participants in the program will offer their stories of how they have been helped by this program. 

Sage Pavilion is at 62 S. Lake Ave. (Route 19) in the Village of Bergen. 

The event is sponsored by Bergen Evangelical Presbyterian Church. For more information, call 494-1251.

September 11, 2018 - 11:48am
posted by Howard B. Owens in crime, batavia, news, Oakfield, notify, bergen, Stafford, Le Roy.

Shawn Michael Walburn, 45, of East Main Street Road, Le Roy, is charged with: DWI; driving while ability impaired with alcohol; driving without a vehicle inspection; and speeding. Walburn was stopped at 3:07 a.m. Sunday on Main Road, Stafford, by Deputy Andrew Mullen.

Ryan Brent Callison, 41, of 14th Street, Zimmerman, Minn., is charged with: DWI; driving with a BAC of .08 or greater;and failure to yield right of way. Callison was stopped at 9:39 p.m. Monday on Main Street Road, Batavia, by Deputy Howard Wilson.

Karen M. Gath, 57, of Rochester, is charged with conspiracy, 6th, and petit larceny. Gath was arrested by State Police and ordered held on bail for an incident in the Town of Batavia. No further details released.

Jacob R. Lorek, 24, of Rochester, is charged with two counts of unlawful possession of marijuana and speeding. Lorek was stopped by State Police at 6:04 p.m. Thursday on Route 19, Bergen.

Stevie R. Marshall-Carter, 20, of Rochester, is charged with unlawful possession of marijuana. Marshall-Carter was stopped on Route 33, Bergen, by State Police.

Dale J. Wissinger, 38, of Oakfield, is charged with assault; 3rd; and criminal mischief. Wissinger was arrested by State Police on charges related to an incident reported at 1:47 a.m. Saturday and ordered held on bail. No further details released.

September 5, 2018 - 5:52pm

Colin R. Wickings is indicted for first-degree sexual abuse, a Class D violent felony. It is alleged in count one that in late June or early July, 2016, in the Town of Bergen, that Wickings subjected a 9-year-old female to sexual contact. In count two, he is accused of the same crime for allegedly subjecting the girl to sexual contact by forcible compulsion. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, he is accused of first-degree sexual abuse for allegedly subjecting a 6-year-old male to sexual contact on Sept. 16 in the Town of Stafford. In count five, Wickings is accused of endangering the welfare of a child for acting in a manner likely to be injurious to the 6-year-old male.

Walter B. Hale Jr. is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on May 15 in the City of Batavia that Hale rode a 1984 Kawasaki on various public highways while intoxicated. In count two, he is accused of aggravated driving while intoxicated, as a Class E felony, for allegedly doing so while a child age 15 or less was a passenger. In count three, the defendant is accused of the crime of circumvention of an interlock device, a Class A misdemeanor, for operating a motorcycle not equipped with an ignition interlock device, which he was court-ordered to have. In count four, he is accused of reckless driving, as a misdemeanor. It is alleged in count four that he rode the Kawasaki in a manner that unreasonably interfered with the free and proper use of a public highway -- while intoxicated, traveling at a high rate of speed, failing to yield to an emergency vehicle, failing to stop at a number of stop signs, all while a child age 15 or less was a passenger. In count five, he is accused of endangering the welfare of a child for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count six, Hale is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony, for riding the motorcycle when he knew or should have known that his driver's license was suspended, revoke or otherwise withdrawn by authorities. In count seven, Hale is accused of the offense of speeding, for riding on Washington Avenue in the City of Batavia May 15 in excess of the maximum speed of 30 mph. In count eight, the defendant is accused of failing to stop at a stop sign at the intersection of Washington Avenue and State Street. In count nine, he is accused of failing to stop at the stop sign at Washington Avenue and Summit Street. In count 10, he is accused of failing to stop at the stop sign at Summit Street and North Street. In count 11, he is accused of failing to stop at the stop sign at Ross Street and North Street. In count 12, he is accused of failing to stop at the stop sign at North Street and Vine Street. In count 13, Hale is accused of failing to stop at the stop sign at Vine Street and East Avenue. In count 14, he is accused of failure to stop for an emergency vehicle. It is alleged in count 14, that while operating the 1984 Kawasaki on May 15, that Hale failure to yield the right of way to a City of Batavia police vehicle blaring its siren. In Special Information filed by the District Attorney, Hale is accused of having been convicted of the crime of aggravated DWI, as a Class E felony, on Nov. 28, 2012 in Genesee County Court; and DWI, as a Class E felony, on Sept. 18, 2008, and those convictions were within 10 years of the crimes alleged in the current indictment.

Jacob J. Szumigala is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on April 18 on West Main Street in the Village of Corfu that Szumigala committed reckless driving by operating a 2008 Hyundai Sonata with North Carolina plates in a reckless manner. In so doing, he allegedly caused serious physical injury to another person. It is further alleged that he was intoxicated and had a BAC of .18 or more at the time. In count two, he is accused of first-degree vehicular assault, a Class D felony. It is alleged in count two that Szumigala caused serious physical injury to a person on West Main Street while having a BAC of .18 percent or more at the time. In count three, he is accused of second-degree assault, a Class D felony, for recklessly causing serious physical injury to a person by means of a dangerous instrument -- a motor vehicle. In count four, he is accused of aggravated DWI, per se, as a misdemeanor for allegedly driving the Sonata while having a BAC of .18 percent or more. In count five, he is accused of misdemeanor DWI, for allegedly driving while intoxicated on April 18. In count six, the defendant is accused of first-degree aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count six that Szumigala drove while his driver's license was suspended, revoked or otherwise withdrawn by authorities, and he did so while under the influence of alcohol. In Special Information filed by the District Attorney, the defendant is accused of having been charged with aggravated driving while intoxicated, per se, as a misdemeanor, in Oakfield Town Court. The suspension referred to in count six was mandatory pending prosecution April 9, 2018, for the violation of Vehicle and Traffic Law in Oakfield and was still in effect when he drove without a license on April 18 in Corfu.

Domingo Gomez-Gomez is indicted for the crime of first-degree rape, a Class B violent felony. It is alleged that in the Town of Alexander on April 28 that Gomez-Gomez engaged in sexual intercourse with another person by forcible compulsion. In count two, he is accused of criminal possession of a forged instrument in the second degree, a Class D felony. It is alleged in count two that on May 4 in the Town of Alexander that he possessed a forged Social Security card with intent to defraud, deceive or injure another.

Jennifer A. Roskey is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on July 14 in the Town of Oakfield that Roskey possessed a dangerus knife or instrument -- a kitchen knife with an eight-inch blade, with intent to use it against another person. In count two, she is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon or dangerous instrument. In count three, she is accused of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count five, Roskey is accused of second-degree reckless endangerment, a Class A misdemeanor. It is alleged in count four that on July 5 while in a private vehicle on the Thruway in Erie County, that she engaged in conduct which created a substantial risk of serious physical injury to another person. In counts five, six and seven, respectively, the defendant is accused of three more counts of endangering the welfare of a child, for acting in a manner likely to be injurious to the physical, mental or moral welfare of three children less than 17 while traveling on the Thruway July 5 from Genesee County to Erie County in a private vehicle. In Special Information filed by the District Attorney, Roskey is accused of having been convicted of aggravated DWI with a child passenger, a Class E felony, on Sept. 23, 2015 in Erie County Supreme Court, and this conviction forms the basis for count one in the current indictment.

Raymond J. Radley is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged on in the first week of March in the City of Batavia that Radley violated a duly served Order of Protection by intentionally being in the presence of the protected party. In counts two through 10, he is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in counts two through 10, respectively, that he contacted the protected party in violation of the court's Order of Protection, all in the Town of Le Roy: April 16 by telephone; April 16 by phone; May 8 by phone; May 9 by phone; May 14 by phone; May 16 by phone; May 7 via the website Plenty of Fish --- www. pof.com; first week of March, via Facebook Messenger/Video Chat; and last week of March, via Facebook Messenger/Video Chat. In Special Infomation filed by the District Attorney, Radley is accused of having been convicted of criminal contempt in the first degree, a Class E felony, on July 26, 2016, in Livingston County Court, and that conviction was for a violation of a stay away family offense order of protection and it was within five year previous to commission of the crime alleged in the current indictment,

Antonio M. McKinney is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on April 7 in the City of Batavia that McKinney drove a 2002 Mercedes-Benz in the Speedway parking lot at the intersection of routes 5 and 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving while his license was suspended, revoked or otherwise withdrawn by authorities. In Special Information filed by the District Attorney, McKinney is accused of having been convicted of DWI, as a misdemeanor, on Oct. 12, 2016 in the Buffalo City Court, Erie County, and the conviction was within 10 years of the crimes alleged in the current indictment.

Melanie M. Matesz is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. It is alleged in counts one and two that on April 19 in the area of the Batavia City Court offices, located in the Genesee County Courts Facility, that she possessed a forged, fraudulent Order of Protection.

Jonathan E. Seiger is indicted for the crime of second-degree bail jumping, a Class E felony. It is alleged that Seiger was released from custody or allowed to remain at liberty, upon the condition that he would subsequently appear personally in Genesee County Court connection with a felony charge against him and that he failed to appear in court on Oct. 12 or voluntarily within 30 days thereafter.

September 5, 2018 - 2:50pm
posted by Billie Owens in bergen, animal rescue, pets, news, lost cat.

Jan Gilbert is hoping the legions of eagle-eyed readers of The Batavian, with their vaunted capability to locate any untold number of missing pets over the years, will pull through yet again and spot Cali.

This petite 7-year-old female feline lives in Bergen and is named, rather obviously, after her coat. Her moniker is not shorthand for California, a word more likely to be used by people who aren't from there. (There being where the publisher and editor of The Batavian hail from.)

Graced with a face that probably accrues charm the more you see it, Cali looks quite distinctive. "Elle est belle, n'est-ce pas?" A pixie with effiminate van-Dyck-meets-blotch-and-smudge colorations.

Jan says she's been missing from the area of Route 33 and West Bergen Road for a whopping six weeks.

This is hard for the family, whose members have stuffed mailboxes in the vicinity with fliers about their lost pet. They miss her lovableness and her little furry presence lolling about.

She's an indoor-except when-she wants-to-be-outdoor-cat. (T-shirt: Cat with all four paws splayed and gripping a screen door. Text: "Cat wants in. Cat wants out.") Adopted as a feral kitten, Cali feels naturally at home in both worlds, and likes to hunt and prowl when the mood strikes. She's shy, unless she's stalking in the savanna, then she's sly.

"She's always come home," Jan says. "She's stayed out overnight before, but always comes back in a day or two. But not this time."

She was possibly spotted by a neighbor a couple of weeks ago, but the neighbor's snarky little dog chased her off those premises and she has not been seen since. Although a few people have reported seeing a cat like Cali, alas, none were actually her.

So, take a good look. There's only one cat in Bergen who looks like that. And if you see her, call Jan Gilbert at 585-967-9042.

August 29, 2018 - 11:27am
posted by Howard B. Owens in crime, byron, elba, bergen, batavia, Le Roy, news, notify.

Nicholas Ronald Schramm, 18, of Byron Holley Road, Byron, is charged with criminal mischief, 4th. Schramm is accused of damaging property of another person while at a residence, not his own, on Byron Holley Road, Byron, on Monday. He was jailed on $5,000 bail or $10,000 bond.

Connor D. Gardner, 18, of Kemp Drive, Macedon, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and unlawful possession of marijuana.

Justin Daniel Pursel, 28, of North Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and leaving the scene of a property damage accident. Pursel was allegedly involved in an accident on Batavia Elba Townline Road at 1:30 a.m. Saturday. The accident was investigated by Deputy Mathew Clor and Deputy Andrew Mullen.

Kyle J. Stack, 32, of Medina, is charged with DWI, unlawful possession of marijuana, and obstruction of governmental administration. Stack is accused of driving drunk in the Town of Bergen at 11:11 p.m. Tuesday though he was arrested by State Police in the Village of Medina. He was ordered held on cash bail. No further details released.

Quinton V. Holmes, 27, of Churchville, is charged with driving while impaired by drugs, failure to keep right, and speeding. Holmes was stopped by State Police on Buffalo Road, Bergen, at 3:43 p.m. Saturday.

Jennifer L. Blake, 44, of Elba, and Christopher W. Blake, 44, of Byron, are charged with trespass. The two people were arrested by State Police for allegedly trespassing on property in Byron at 7:45 p.m. Thursday. No further details released.

Jay R. Howcraft, 58, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Howcraft was stopped by State Police at 8:21 p.m. Friday on Pratt Road, Town of Batavia.

August 27, 2018 - 12:24pm
posted by Virginia Kropf in bergen, news.

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Bergen Mayor Anna Marie Barclay has “put her foot where her mouth is,” so to speak.

After years of seeking grants for downtown revitalization and urging business owners to spruce up their properties, the mayor and her husband David have purchased one of Bergen’s downtown buildings and begun renovation.

“We decided it was our turn to give downtown a boost,” Anna Marie said.

The building on the southwest corner of South Lake Street and Buffalo Street is on the National Register of Historic Places, as is most of downtown Bergen. The first thing the Barclays did after becoming owners was to contact the Landmark Society for the name of an architect familiar with historic buildings. They were referred to architect Rick Hauser, of Perry.

Until two years ago, the building housed Grace Baptist Church, until the owners took it back by default.

The Barclays purchased it in June and had to do a site plan for a change of use.

Anna Marie said the inside of the building is in pretty good shape, so they are going to work on the outside first.

The Barclays already have a potential tenant who wants to set up his studio upstairs, artist David Burke. Burke painted the murals on the back wall of the Byron-Bergen Public Library and the old fire hall.

Anna Marie said the village has applied for a Main Street grant at least 10 times and was turned down. She isn’t giving up, however, and has submitted another application this year. She is optimistic about their chances this year, as she said they had more input from building owners than in the past.

“We also have a technical grant under our belt, which allowed us to do drawings of our facades,” she said.

If they get the Main Street grant, it would include all the buildings on the west side of the street from the Masons’ building north to the railroad tracks, except the Tully Building, which houses village offices and has been restored.

“Getting the grant would be a plus, but even if we don’t, there are two buildings downtown that will have considerable work done on them,” Barclay said, referring to her building and the one across the corner being restored by Phillip and Brette-Ashley Wilcox.

Photo: Bergen Mayor Anna Marie Barclay and her husband David have purchased this building in Downtown Bergen, across from the village offices. Workmen have already begun restoration. Photo by Virginia Kropf.

August 25, 2018 - 12:20am
posted by Howard B. Owens in crime, bergen, news.

Michelle Ann Case, now 50, and twice convicted of stealing money from her former employer, HomeCare & Hospice, has yet to pay back any of the more than $14,000 she took by falsifying business records.

The former Bergen resident was back in County Court today for a restitution hearing, which consisted primarily of her attorney, Public Defender Jerry Ader, and District Attorney Lawrence Friedman providing Judge Charles Zambito reams -- one of the four folders was three-inches thick -- of reading material.

The folders contained trial transcripts, transcripts of the 2012 restitution hearing, and documentation of the falsified reports.

By law, Case will be required to pay at least $3,000, the amount specified by the language of the statute in penal law she violated, but only a judge, after reviewing evidence, can order a defendant to pay more than that statutory amount.

Legal troubles for Case go back to at least 2010 when she was arrested and accused of stealing more than $35,000 from two elderly patients. Those charges were dismissed with no explanation from Judge Robert C. Noonan and the case files were sealed.

In 2011, Case was arrested again, this time accused of submitting false claims for hours worked and miles driven to HomeCare & Hospice. She was convicted March 1, 2012, and sentenced to four months in jail and probation.

Nearly two years later, an appeals court overturned her conviction and ordered a new trial.

The jury again returned a guilty verdict in July 2014.

At her sentencing in August 2014, Case told Noonan, she had done nothing wrong and said the real criminals were the executives at HomeCare & Hospice.

"These rules were new and used retroactively to make my legitimate paid time into unpaid time in an attempt by Hospice to claim I stole from them and in effect steal themselves," Case said. "They then fraudulently submitted their so-called losses to insurance and filed a false report to the police."

Noonan sentenced Case to probation.

But that left the matter of restitution unresolved. 

Friedman argued that there had already been a restitution hearing on the same facts and Case had been ordered to pay $14,000 in restitution. An appeals court saw it differently and ordered a new restitution hearing. Fortunately, Friedman said, it was unnecessary this time to call all the witnesses in again. The transcripts are all Zambito needs to review the case and render a decision.

Zambito will review the documents over, at least, the next 30 days, perhaps longer, before issuing a decision.

August 24, 2018 - 4:22pm
posted by Virginia Kropf in bergen, news.

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A Bergen native whose family dates back to the 1800s is writing a new chapter in her family’s (and Bergen’s) history.

Brette-Ashley Wilcox Schmitt, the great-granddaughter of the late Harris Wilcox, and her husband Phillip Schmitt have recently purchased the Victorian c. 1904 building near the corner of North Lake Street and Rochester Street.

The couple plans to renovate the building and use the downstairs as a new photography studio for Brette-Ashley.

Brette-Ashley has been a full-time photographer for eight years, having started as a wedding photographer. Phillip is director of finance at Roberts Wesley College.

When Brette-Ashley decided to focus on doing only portraits, she was looking for a building to rent, she said.

“I had been doing free-lance work, so this is my first brick and mortar studio,” she said. “My business has grown to where I really need a building to call home.”

Bergen Mayor Anna Marie Barclay is thrilled the building is going to see new life. It had been a law office at one time, and then a landscaper bought it, and it sat empty for several years, she said.

The Schmitts said they could see the potential in the building when they bought it at auction.

“We knew it would be a lot of work, but Phillip and I feel tremendously blessed to have such hardworking and generous people helping us with this project,” Brette-Ashley said.

A village of people have helped encourage her to follow her dreams, she said.

Since starting renovation they have had a “lot of good surprises,” such as getting the floors down to the original hardwood, Brette-Ashley said. They also are going to preserve one wall of exposed brick.

They plan to do the work in phases and hope to be ready for her to open her doors before Thanksgiving.

“It feels so nice to be doing business in my hometown,” Brette-Ashley said. “Harris had such a positive impact in this community.”

She fondly recalls how Harris would invite her to his farm every week during the summer, teaching her to ride a horse and giving her advice for the future.

“He was such a busy man, yet he took the time to invest in me,” Brette-Ashley said. “His involvement in this community was tremendous, and if I can follow in his footsteps just a little bit, I will be happy. He was such a role model.”

Brette-Ashley said she is excited for their new journey and she can’t wait to open her doors and bring her business to her home town of Bergen.

Top photo: Phillip and Brette-Ashley Wilcox Schmitt sit in the back of their moving van with daughter Emerson. The couple has purchased the 1904 building near the corner of North Lake Street and Rochester Street in downtown Bergen, where she will open her photography studio.

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Brette-Ashley Wilcox Schmitt and her husband Phillip think it is a good omen a rainbow appeared over the historic building they have purchased near the corner of North Lake Avenue and Rochester Street in Bergen.

August 23, 2018 - 4:56pm
posted by Billie Owens in crime, news, notify, Le Roy, bergen, pembroke, batavia, Alabama.

Christina Louise Wass, 45, of McKenzie Street, Bergen, is charged with endangering the welfare of a child. She was arrested at 8 p.m. on Aug. 21 following a complaint in the Village of Bergen. It is alleged that Wass had a minor under age 17 in her care and custody and that she left the child alone without proper supervision, and that child was under age 5. She was arraigned in Town of Le Roy Court and jailed in lieu of $1,000 cash bail or $3,000 bond. She is due in Town of Bergen Court on Sept. 5. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Sgt. Jason Saile.

John David Meiler, 33, of Reinhardt Road, Alden, is charged with: driving while ability impaired by drugs; aggravated unlicensed operation in the first degree; DWI; and operating a vehicle withcKeout an ignition interlock device. On Aug. 21 at about 7:48 p.m., Genesee County Sheriff's deputies responded to 358 Bloomingdale Road in Alabama for a property damage accident. Meiler, whose driver's license has been revoked, was arrested at the scene on the charges. He was issued appearance tickets and is due in Town of Alabama Court on Sept. 26. The case was handled by Deputy Erik Andre.

Mark David Humel, 26, of Main Road, Pembroke, is charged with: driving while ability impaired (DWAI); aggravated unlicensed operation in the first degree; DWAI -- combined drugs and alcohol; used a vehicle not equipped with an ignition interlock device; and leaving the scene of a property damage accident. On Aug. 20 at about 3:37 p.m., Genesee County Sheriff's deputies responded to 8330 Lewiston Road in the Town of Batavia for a report of a property damage accident. Following an investigation, Humel, whose driver's license is revoked, was arrested on the charges. He was issued appearance tickets and is due in Town of Batavia Court on Sept. 24. The case was investigated by Deputy Erik Andre, assisted by Deputy Howard Wilson.

Marshall A. Silvernail, 31, of Asbury Road, Le Roy, was arrested on Aug. 12 for trespass, a violation. Le Roy Police Department responded to a residence located in the Village in the early morning hours of July 29 after receiving a complaint that there was an unwanted subject on the property. Upon arrival, patrols allegedly located Silvernail on the property attempting to enter the premises. After a brief investigation, it is believed that Silvernail had previously been told he was not allowed on the property and charges were later brought for his arrest. He was due in Le Roy Town Court Aug. 13 to answer the charge.

Ramon S. Gilliam, 43, of Main Street, Le Roy, was arrested on Aug. 16  by the Le Roy Police Department and with charged with attempted identity theft in the third degree, a Class B misdemeanor. This charge stemmed from a complaint that officers received and after an investigation it is alleged that Gilliam did in fact, attempt such crime. Gilliam was taken into custody and processed without incident and issued an appearance ticket for Sept. 20 in Le Roy Town Court to answer the charge.

August 23, 2018 - 12:51pm
posted by Virginia Kropf in bergen, day care, news, business.

bergen_day_care_bergen_buildings_002.jpg

(Editor's Note (Aug. 27, 2018): This story was corrected to reflect that Amy Hathaway of Little Guppies Daycare leases the space; she does not own it. Also, the name of the business that previously occupied the site was removed.)

A Bergen daycare has stepped up to offer services to children whose daycare closed unexpectedly.

When Amy Hathaway, owner of Little Guppies Daycare, heard that Grandma’s Luv’n Care on Clinton Street Road in Batavia was closing Aug. 31, she contacted the owner and asked what she could do.

Hathaway said she believed Grandma’s Luv’n Care was forced to close because of the increased minimum wage.

“I asked what I could do to help with this transition,” Hathaway said. “I decided to offer one week’s free tuition to any families who enrolled with our center. I know this has to be extremely stressful and hopefully, I can help ease families’ stress. I always wanted to give back to my community and I’m hoping my offer does that.”

Hathaway has owned her own daycare center for seven years. Her mom ran a daycare out of her home, so she is no stranger to the business, although Hathaway went to college for accounting. She worked at Paychex but realized teaching kids was more fun and started taking care of six children at her house.

She next advanced to group daycare, which allows 12 children in one home.

“Once I had a waiting list, I knew I had to get bigger,” Hathaway said.

When space in Arlington Manor, the former school in Bergen, came up for lease on Craigslist three years ago, Hathaway contacted the owner and signed a lease agreement, putting a daycare on the ground floor.

Hathaway hired Morgan Piccini, of Hamlin, as a schoolteacher, and last year made her assistant director.

“I love it here and can’t imagine doing anything else,” Piccini said.

As part of Hathaway’s desire to give back to her community, the daycare is planning more activities for the community this year.

They will have breakfast with Santa, an Easter egg hunt and a lot of outside events for families.

Hathaway has made some long-lasting friends since she has been in the business, such as 9-year-old Cameron Tomai, who has been coming to her daycare since he was in preschool. Another child has been coming since the age of 3 months.

“I really like it here,” Cameron said. “It gets me out of the house and I like to hang out with Miss Amy.”

Little Guppies Daycare offers breakfast, a morning snack, lunch and an afternoon snack.

Hours are from 6:30 a.m. to 6 p.m. Monday through Friday.

They accept school-age children 5 to 12; preschoolers 3 to 5 years; toddlers 18 months to 3 years; and infants 6 weeks to 18 months.

Top photo: Children line up to go outside and play during a morning break at Little Guppies Daycare in Bergen.

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Cameron Tomai, 9, chooses a book to read to Amy Hathaway, owner of Little Guppies Daycare in Bergen.

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Amy Hathaway takes time to listen to Cameron Tomai, 9, read a book. Cameron has been coming to Hathaway’s Little Guppies Daycare since he was in preschool.

August 20, 2018 - 10:32am
posted by Howard B. Owens in news, bergen, accident.

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Keith Smith shared this picture of a capsized boat on Route 19 near North Road, Bergen, from about 3 p.m. yesterday. We have no other information on the accident.

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