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December 6, 2019 - 1:38pm
posted by Howard B. Owens in crime, New, notify, batavia, bergen, Amber Alert.

Guillermo Torres-Acevedo, 23, of Batavia, pled guilty today in Genesee County Court to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

The maximum possible sentence the Puerto Rico native could receive is six years in prison, with 10 years of parole afterward.

Torres-Acevedo will be sentenced on Feb. 18 in Genesee County Court, after he is first sentenced in Federal Court in Buffalo on Feb. 13.

On Wednesday, Torres-Acevedo pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

There is no promise of concurrency in county court with the federal sentence, which ranges from six and a half to up to 20 years in prison. The federal penalty could also include a fine of up to $250,000.

The defendant was arrested on Nov. 26, 2018 in Genesee County and charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

December 6, 2019 - 10:28am
posted by Howard B. Owens in accident, news, bergen.

A vehicle is off the road and into the woods in the area of 7682 Clinton Street Road, Bergen.

Unknown injuries.

Bergen fire and Mercy EMS dispatched.

UPDATE 10:41 a.m.: The operator of the vehicle is at the Dunkin' donuts store at 8073 Clinton Street Road. A medic is going there to evaluate the driver's condition.

December 5, 2019 - 5:20pm
posted by Billie Owens in bergen, crime, news, notify.

File photo and press release:

U.S. Attorney James P. Kennedy Jr. announced Wednesday (Dec. 4) that Guillermo Torres-Acevedo, 23, of Batavia, pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor to travel to engage in criminal sexual activity.

The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on Nov. 25, 2018, the defendant, then a 22-year-old man, had sexual relations with a 14-year-old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

The plea is the result of an investigation by: the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for Feb. 13 before Judge Geraci.

 Editor's Note: Torres-Acevedo also faces charges in Genesee County Court and a plea deal is expected in the case, which is on the court calendar for 11:30 a.m. tomorrow (Dec. 6). Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

December 3, 2019 - 4:31pm
posted by Billie Owens in batavia, crime, news, notify, corfu, bergen, Le Roy.

Jerrol Paul Newell, 50, of East Main Street, Corfu, (photo above) is charged with: three counts of second-degree strangulation (Class D felonies); unlawful imprisonment in the first degree (Class E felony); and two Class A misdemeanors -- second-degree menacing -- displaying a weapon or dangerous instrument, and third-degree assault. At 7:50 a.m. on Nov. 29, Newell was arrested after the Genesee County Sheriff's Office investigated a domestic incident that occurred on East Main Street in the Village of Corfu. He was arraigned in Pembroke Town Court and put in Genesee County Jail with bail set at $50,000 cash. The case is still under investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Ryan DeLong. The Sheriff's Office was assisted by members of the Corfu Police Department, the Wyoming County Sheriff's Office and the New York State Police.

Mark T. Helm, 38, of State Street, Batavia, (inset photo left) is charged with second-degree assault and endangering the welfare of a child. Helm was arrested at 9:41 p.m. on Nov. 24 on State Street after allegedly striking a person, causing serious physical injury, all while in front of four children. Helm was arraigned in Batavia City Court and jailed without bail. He was due back in city court on Nov. 26. The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger.

Kiha S. McNear, 22, of Lake Street, Le Roy, (inset photo right) is charged with: criminal mischief -- intentionally damaging property; second-degree criminal contempt; aggravated criminal contempt -- previous conviction; and second-degree burglary -- illegally entering a dwelling. McNear was arrested at 9:35 p.m. on Nov. 25 at a resident on Walnut Street in the City of Batavia. He allegedly entered the residence of a person who has an order of protection against him and damaged some of the person's property. He was arraigned in Batavia City Court on Nov. 26 and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Miah Stevens.

Above photo taken after the arrest of Colby J. Swain, courtesy of NYS Police -Troop A, Batavia.

Colby J. Swain, 34, of Amherst, was arrested Nov. 30 by New York State Police and charged with criminal possession of a weapon in the second degree ("loaded firearm other than a person’s home"), a Class C felony, and criminal possession of marijuana in the third degree, a Class E felony. Swain was stopped at 1:45 p.m. on I-90 in the Town of Batavia for a vehicle and traffic violation. During the interview, troopers determined there was "probable cause to search the vehicle." A duffle bag which was locked with a combination lock was located inside the vehicle. Swain allegedly refused to cooperate with the investigation, which result in the troopers obtaining a search warrant for the bag. "Inside the bag that Swain claimed ownership of, was over 11 ounces of marijuana and a loaded Smith and Wesson M&P .45-caliber pistol with an 8-round magazine" (in photo above). Swain did not possess a pistol permit. Swain was arraigned before the Town of Batavia Court and released under the supervision of Genesee County Probation. No return court date is available at this time.

Justin P. Mcgirr, 37, of Ross Street, Batavia, and Jeremiah T. Jones, age and address not provided, are charged with disorderly conduct by way of fighting/violent behavior. They were arrested on Ross Street after they were allegedly observed in a physical fight by police at 1:07 p.m. on Nov. 23. They were issued appearance tickets and were due in Batavia City Court at 1 p.m. today (Dec. 3). The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Jonathan Brice White, 27, of Buffalo Street, Bergen, is charged with second-degree criminal contempt. White was arrested at 3:15 p.m. on Nov. 13 after he allegedly repeatedly violated a full stay away order of protection by contacting the protected party. After his arraignment in Batavia City Court, he was jailed on $1,000 bail, cash or bond. He was due back in city court Nov. 26. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Raylynne M. Santiago, 20, of Walnut Street, Batavia, is charged with harassment and obstruction of governmental administration. Batavia Police Officer Peter Post arrested Santiago following a domestic incident reported at 12:50 a.m. on Nov. 24 in the vicinity of Jackson and Maple streets in the city. She was due in Batavia City Court at 1:30 p.m. today (Dec. 3). Post was assisted by Officer Stephen Cronmiller.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespassing. He was arrested after a trespass complaint was made at 11:35 a.m. on Nov. 20 at the Richmond Memorial Library on Ross Street in the city. He was due in Batavia City Court this afternoon (Dec. 3) to answer the charge. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Ross D. Rahn, 24, of Main Street, Le Roy, is charged with: stopping on a highway; moving from lane unsafely; and driving while ability impaired. At 1:28 a.m. on Dec. 2, Batavia police responded to a call of a vehicle parked crossways across the roadway on West Main Street near Vernon Avenue in the city. Rahn was subesquently arrested, issued appearance tickets, and is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Zachary J. Marrow, 28, of Manhattan Avenue, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent of more, and DWI -- first offense. Marrow was arrested at 12:31 a.m. on Nov. 16 on East Main Street in Batavia. He is due in Batavia City Court on Dec. 11. The case was handled by Bataiva Police Officer Miah Stevens, assisted by Officer Arick Perkins.

Gregory F. Frieday, 34, of Osterhout Avenue, Batavia, is charged with fourth-degree criminal mischief, a misdemeanor. On Nov. 17, Genesee County Sheriff's deputies responded to a complaint of criminal mischief for a broken exterior window at Batavia Downs. Following an investigation, it is alleged that Frieday broke an exterior window on the south side of the building. He was issued an appearance ticket and is due in Town of Batavia Court on Dec. 19. The case was handled by Deputy Brock Cummins, assisted by Deputy James Stack.

Melynda M. Gayhart, 31, of Hutchins Street, Batavia, was arrested on Nov. 25 on a bench warrant out of Batavia City Court. This stems from a larceny incident which occurred on Feb. 17 on East Main Street in Batavia. After her arraignment in city court, she was released and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Nicole McGinnis.

December 2, 2019 - 6:30pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, bergen, Oakfield, Alabama, Le Roy.

Donald J. Frisby is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on July 14 on Clay Street in the Town of Le Roy that Frisby subjected another person to sexual contact by forcible compulsion.

Morgan L. Cox Jr. is indicted for the crime of menacing a police officer, a Class D violent felony. It is alleged that on Sept. 28 in the City of Batavia that Cox intentionally place or attempted to place a police officer in reasonable fear of physical injury or serious physical injury or death by displaying a knife while the officer was performing his duties. In count two, Cox is accused of first-degree menacing, a Class E felony, for allegedly intentionally placing another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, Cox is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly intentionally using a dangerous instrument -- a knife -- against another person. In count four, Cox is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count four that Cox intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Cox is accused of having been convicted of second-degree menacing, a Class A misdemeanor, in the City of Batavia (date not provided) and that conviction forms the basis of counts two and three in the current indictment.

Steven M. Lindner is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 18 in the City of Batavia that Lindner knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, also a Class B felony. It is alleged in count two that the defendant possessed a narcotic drug -- fentanyl -- with intent to sell it. In count three, Lindner is accsued of criminal possession of a controlled substance in the fifth degree, a Class D felony, for allegedly possessing cocaine in an amount weighing 500 milligrams or more. In counts four and five, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing controlled substances unlawfully -- fentanyl and alprazolam. In count six, he is accused of unlawful possession of marijuana in the second degree, a violation.

Carey Culverhouse is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Sept. 2, 2017 in the City of Batavia that Culverhouse intentionally seriously injured another person by means of a dangerous instrument -- a knife.

Dalton C. Kelly is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 18 on Chase Park in the City of Batavia that Kelly intentionally caused physical injury to another person by means of a dangerous instrument (not specified). In count two, Kelly 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, or attempting to do so, by displaying a dangerous instrument (unspecified).

Kevin J. Weber is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 19 on Judge Road in Alabama that Weber intentionally caused serious physical injury to another person. In count two, he is accused of third-degree menacing, a Class B misdemeanor, for allegedly placing, or attempting to place, a person in fear of death, imminent serious physical injury or physical injury by means by physical menace.

Shonje K. Jefferson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 27 in the City of Batavia that Jeffereson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, Jefferson is accused of unlawful possession of marijuana in the second degree, a violation.

Darius L. Jones and Trevon L. Armstrong are indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Oct. 2 in the City of Batavia that they possessed a loaded firearm, an Amadeo Rossi .38-caliber revolver. In count two Jones and Armstrong are accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that on Oct. 2 they intentionally disobeyed or resisted the lawful process or mandate of a court. In count three, they are accused of endangering the welfare of a child for allegedly knowingly acting in manner likely to be injuious to the physical, mental or moral welfare of a child less than 17 years old. In count four, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing acetaminophen / oxycodone hydrochloride. In count five, they are accused of unlawful possession of marijuana, a violation. In count six, Jones is accused of exposure of a person, a violation, for allegedly appearing in a public place in a manner that exposed his body's private parts.

Louis C. Restivo is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on July 13 in the Town of Bergen that Restivo intentionally caused physical injury to another person by means of a dangerous instrument (unspecified).

Jon N. Roblee is indicted for the crime of menacing in the first degree, a Class E felony. It is alleged that on Sept. 29 in the City of Batavia that Roblee intentionally placed another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a metal pipe. In count two, Roblee is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that he intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Roblee is accused of having been convicted of the crime of second-degree menacing, a Class A misdemeanor, on Nov. 7, 2011 and that conviction was within 10 years of the crimes alleged in the current indictment.

Ernest D. Lane is indicted for the crime of aggravated family offense, a Class E felony. It is alleged that on April 8 at an apartment on Ellicott Street in the City of Batavia that Lane that intentionally disobeyed or resisted the lawful process or mandate of a court -- a valid stay away order of protection issued March 28 in Batavia City Court. He did so by allegedly being at the home of the protected party. In count two, Lane is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly being at the home of the protected party that day. In Special Information filed by the District Attorney, Lane is accused of having been convicted of the crime of third-degree menacing against members of the same household and a special offense because the conviction was within the last five years -- on Jan. 18, 2018.

Katrina L. Gerace is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Elba that Gerace drove a 2012 Mini Cooper on Route 262 while intoxicated. In count two, Gerace is accused for aggravated DWI per se, also a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Gerace is accused of having been convicted of driving under the influence or alcohol or a controlled substance, as a misdemeanor, "Highest Rate of Alcohol .16 percent BAC or higher," on Dec. 8, 2014 in the Court of Common Pleas of Erie County, Pa., and that conviction was within 10 years of the crimes alleged in the current indictment.

Jay W. Schafer is indicted for the crime of criminal possession of a firearm, a Class E felony. It is alleged that on June 19 in the City of Batavia that Schafer possessed a Smith and Wesson, Model 10, .38-caliber Special revolver.

Adam M. Kreutz is indicted for the crime of offering a false instrument for filing in the first degree, a Class E felony. It is alleged that at an address on Fisher Road in Oakfield on June 22 that Keutz presented a supporting deposition to a public servant, knowing that the document contained a false statement or false information and that it would become part of the official records. In count two, he is accused of falsifying business records in the first degree, also a Class E felony. It is alleged in count two that on June 22 at an address on Fisher Road in the Town of Oakfield that he intentionally tried to defraud or make a false entry in the business records of an enterprise. This was allegedly done by providing a supporting deposition that attempted to conceal the commission of reckless driving.

November 29, 2019 - 1:52pm
posted by Billie Owens in crime, news, notify, batavia, bergen.

Daniel John Wolfe, 46, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. It is alleged that on Nov. 25 while housed in Genesee County Jail, Wolfe made two phone calls to a protected party in violation of an order of protection. He was arrested on the charge on Nov. 28 and issued an appearance ticket. Wolfe is due in Batavia City Court at 1 p.m. on Dec. 10. The case was investigated by Genesee County Sheriff's Deputy Chad Cummings.

Sean Michael Crowe, 30, of Cook Road, Bergen, is charged with: driving while intoxicated with a BAC of .08 percent or more with a previous conviction within 10 years; DWI with a previous conviction within 10 years; and having an uninspected motor vehicle. Crowe was arrested at 12:59 a.m. Nov. 28 on South Lake Avenue in Bergen following a traffic stop for an uninspected motor vehicle. Crowe is due in Bergen Town Court on Dec. 4. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. Jason Saile.

November 27, 2019 - 5:05pm
posted by Howard B. Owens in crime, batavia, news, notify, bergen.
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       Torres-Acevedo

There is a potential plea offer pending for Guillermo J. Torres-Acevedo, the 23-year-old Batavia man facing 10 criminal charges locally for allegedly having sex with an underage girl and taking her to Pennsylvania, his attorney told Judge Charles Zambito in County Court today. 

Attorney Thomas Burns asked for time to go over the terms of the plea offer from First Assistant District Attorney Melissa Cianfrini and also confer with Torres-Acevedo's attorney representing him in Federal Court on charges stemming from some of the same incidents.

Zambito deferred the case until 11:30 a.m., Dec. 6.

Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

In Federal Court, he is charged with transporting a minor across state lines for sexual activity. 

Authorities allege that in September, October, and November of last year, Torres-Acevedo engaged in sex acts with a teenage girl and then took her across state lines. He was eventually located with the girl in a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Neither Burns nor Cianfrini revealed in open court the terms of the potential plea agreement nor was there any mention of whether Torres-Acevedo has an opportunity for a plea agreement in Federal Court.

The defendant is currently being held in the Genesee County jail.

November 22, 2019 - 12:59pm
posted by Billie Owens in bergen, Leadership Genesee, news.

Submitted photo and press release:

Leadership Genesee will present awards honoring the 29 members of the Class of 2019 along with the 2019 Outstanding Alumnus Award at the annual Graduation Celebration on Dec. 5th at Terry Hills

Eric Wies, a graduate of the Class of 2006, has been named the Leadership Genesee Alumnus of the Year. The award is presented annually to an alumnus who works to fulfill the program’s mission displaying exceptional achievements and contributions to the community and Leadership Genesee.

Wies is the immediate past chair of the Genesee County Chamber of Commerce and the current president of the Bergen Fire Department.

“My primary volunteer effort is tied to helping people in times of emergency," Wies said. "I joined the Bergen Fire Department in 1992, where I have served as lieutenant, captain, assistant chief, and deputy chief. In 2015, I decided to focus my efforts on a business role with the Fire Department and was elected president, a role I continue today. While I have debated about scaling back my efforts so that I could focus on my career and other potential volunteer efforts, I have come to realize that I will always be a volunteer fireman.” 

As a member of the Genesee County Chamber of Commerce Board of Directors, Wies found his involvement to be very rewarding. The Chamber plays an important role in business and tourism throughout Genesee County and he is happy to be part of their community presence.

“Eric has been an active participant in Leadership Genesee since he graduated in 2006 because he feels that Leadership Genesee has given so much to him that he wanted to give back to the program," said Leadership Genesee Director Peggy Marone. "He served on the LG Steering Committee from 2009 to 2014 and was chair of the Recruiting Committee for five years.

"He obtained sponsorships for our bowling and golf tournaments ensuring his team was ‘dressed’ for the event. Eric’s support and involvement in Leadership Genesee’s curriculum has helped the program grow and become a shining example of servant leadership.”  

Wies said he feels that LG he has been a primary building block in his growth professionally and personally. His philosophy is there should always be time to participate in a program that helps you grow, introduces you to other leaders in the County, and gives you a sense of satisfaction in belonging to a group of people that consider themselves servant leaders.

“An employer that does not support your efforts to better yourself, does not truly understand that the time and money for the program will also result in a better person and employee," Wies said. "I grew up in Bergen, New York and thought I knew everything about the County but, boy, was I wrong.

"The program opened my eyes to agribusiness, gave me a better understanding of the health care issues in the County, and the challenges that local government must face every day."

When asked about previous awards and achievements, Wies said, “For me, the most important awards don’t come with a plaque or trophy, but they do come with a sense of accomplishment or being part of something bigger than you are.

"Helping a friend when his business burned down, helping a single mom at Christmas with presents for her kids, saving a young lady from her burning car, hearing my daughter tell me she loves me, and being part of a group of individuals that make up a team that puts community first.”  

Marone said “This is exactly why Eric is an outstanding selection for this year’s Alumnus Award.”

“He is a true leader," said his nominator Michele Smith, LG Class of 2016 and Bergen Town Clerk. "I witnessed his cool and calm demeanor with the passing of Barry Miller LG ’08 in 2015. Eric was the president of the Bergen Fire Department, I observed several incidences that I don’t know how Eric made it through. I know inside he was a wreck, but as a leader for everyone else who was hurting, he was unwavering.”  

Wies is a principal for Clark Patterson Lee, a multidiscipline architecture, engineering and planning firm. He lives in Bergen with his wife, Carrie, daughter, Hannah, and dog, Casper.

Although he hopes to retire one day, he and his family enjoy getting away for a cruise and more recently trips to remote locations in Vermont to fish and have high stakes games of family Monopoly. Wies is an avid golfer and enjoys spending weekends working on their house.   

The Outstanding Alumnus Award is sponsored by Skip Helfrich of Human Energies.

Leadership Genesee is a program of Cornell Cooperative Extension of Genesee County. For more information about Leadership Genesee, please visit  their website.

November 18, 2019 - 12:07pm
posted by Billie Owens in crime, news, notify, batavia, bergen.

Stephen Anthony Marazita, 37, of North Lake Avenue, Bergen, is charged with criminal tampering in the second degree. Marazita was arrested at 8:49 p.m. on Nov. 14. It is alleged that he tampered with his electric meter to turn power back on at his residence after it was shut off. He was arraigned in Bergen Town Court and released on an appearance ticket. He is due to return to court on Nov. 20. The case was handled by Genesee County Sheriff's Deputy David Moore.

Phillip Sanders Brunson, 32, of an unspecified address in Gowanda, is charged with two counts of second-degree harassment. Brunson was arrested on  Nov. 14 in regard to an incident that occurred on Nov. 24, 2016. He allegedly slapped and spit in a female's face and shoved another female during a domestic incident on Maple Street in the City of Batavia. He was arraigned in Batavia City Court. (His disposition afterward was not provided.) The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

A 17-year-old female who lives in Batavia was arrested on Nov. 7 after an incident that occurred the day before outside a residence on Hutchins Place in Batavia. The girl allegedly threatened to harm people while holding a baseball bat. She was issued an appearance ticket and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Jason Davis.

Kaleb James Bobzien, 21, of Dellinger Avenue, Batavia, is charged with second-degree criminal contempt. Following an investigation of phone calls made from recorded jail phones, Bobzien was arrested on Nov. 18. It is alleged that he violated a stay away order of protection issued by Batavia City Court. He is due back in court on Nov. 26. The case was handled by Batavia Police Officer James Stack, assisted by Officer Dennis Bartholomew.

Jahmaal Lee Barnes, 19, of Batavia Stafford Townline Road, Batavia, is charged with third-degree burglary and fourth-degree grand larceny. Barnes was arrested at about 8 p.m. on Nov. 16 and arraigned in Batavia Town Court. It is alleged that at 11 a.m. on Nov. 14 that Barnes entered an apartment on Batavia Stafford Townline Road and stole the resident's debit card. Barnes was released under supervision of Genesee Justice and is due back in Batavia Town Court on Dec. 16. The case was investigated by Genesee County Sheriff's Deputy Nicholas Chamoun.

November 15, 2019 - 2:45pm

Poster above created by Grand Prize winner Zoey Shepard, a ninth-grader at Byron-Bergen Central School.

The Genesee County STOP-DWI Advisory Board announces the students and law enforcement officers who will be honored Thursday, Nov. 21 at its annual awards luncheon.

In September, the board invited local sixth- through 12th-grade students to submit a poster design that reflects the dangers of drinking and driving. The designs were to focus on the affects drinking and driving have on an individual, their family and the community.

The theme for the 2019 contest was: "Drinking and Driving is a gamble that you just can’t win.”

The sixth- through eighth-grade winners are:

  • First Place -- Ciara Trigilio, seventh grade, Byron-Bergen Central School
  • Second Place -- Jackson Lundfelt, seventh grade, Byron-Bergen Central School
  • Third Place -- Oscar Staba, eighth grade, Alexander Central School

The ninth- through 12th-grade winners are:

  • First Place (tie) -- Brooke Jarkiewicz & Grace Shepard, 10th-graders at Byron-Bergen Central School
  • Second Place -- Taylor Hutton, 10th grade, Le Roy Jr./Sr. High School
  • Third Place -- Shannon Campbell, 10th grade, Pavilion Central School

The computer-generated art winner is Jade Wolff, seventh grade, Byron-Bergen Central School.

The Grand Prize winner is Zoey Shepard, ninth grade, Byron-Bergen Central School.

The Top Cop award will be given to Batavia Police Officer Mitchell Cowen and Genesee County Sheriff's Deputy Mathew Clor.

The luncheon will be held at Terry Hills Restaurant & Banquet Facility in Batavia.

Below is how the billboard incorporating Zoey's poster will appear:

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November 9, 2019 - 8:54am
posted by James Burns in sports, Section V, Le Roy, byron, bergen, Girls volleyball.

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Top seed Byron–Bergen Bees faced the number two Le Roy Knights in Section V Class C Girls Volleyball Championship in Avon Friday night.

In the first match, Le Roy seemed to dominate and was threatening to upset the perennial favorite Bees. As the match ended, with the teams swapping the lead with every position, the Bees came out on top.  

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In the second match, the Bees controlled the Knights and led the entire match for a Bees' win.

In the third march, the Knights rallied back and won. 

The fourth Match was all Bees. They went to work and easily finished off the Knights to win the series. 

Byron–Bergen won 3 to1 for the sectional championship.  

Congratulations to both teams for terrific winning seasons. 

The Batavian's coverage of sectional play is authorized by Section V Athletics. 

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November 5, 2019 - 7:15pm
posted by Howard B. Owens in accident, news, bergen.

A car vs. deer accident with injuries is reported at Lyman Road and Clinton Street Road, Bergen.

Bergen fire and Mercy EMS dispatched.

October 28, 2019 - 12:51pm
posted by Billie Owens in crime, news, batavia, corfu, bergen.

Raymond Dennis Bieganski, 66, of Main Street, Corfu, a NYS Level 2 registered sex offender, is charged with failure to register an email address. He was arrested for violating NYS Correction Law by failing to register an email address on July 22. He was issued an appearance ticket for Nov. 4 in Village of Corfu Court. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Justin David Spilberg, 31, of Salt Works Road, Medina, is charged with: driving while intoxicated with a BAC of .18 percent or more; DWI; and speeding. Spilberg was arrested at 7:54 p.m. on Oct. 26 on North Lake Road in Bergen after a traffic stop for speeding. He was released on an appearance ticket and is due in Bergen Town Court on Nov. 6. The case was handled by Genesee County Sheriff's Deputy James Stack.

Cameron James Demaison, 23, of Trumbull Parkway, Batavia, is charged with aggravated driving while intoxicated and DWI. He was arrested at 9:32 p.m. Oct. 17 on North Street in Batavia following a traffic complaint. Demaison was released on appearance tickets and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jason Davis.

Joseph M. Dispenza, 46, of Maple Street, Batavia, is charged with aggravated driving while intoxicated and DWI. On Oct. 26, Batavia Police Officer Peter Post arrested Dispenza on the charges following an investigation into a one-vehicle accident involving a motorcycle on Bank Street in the city at 10:22 p.m. on Aug. 4. Dispenza was given uniform traffic tickets and is due in Batavia City Court on Nov. 6. Post was assisted by Officer Sean Wilson.

Brian Keith Dyer, 53, of North Street, Batavia, is charged with second-degree harassment. Dyer was arrested following an incident in which he allegedly pushed someone at 9:29 p.m. Oct. 22 on North Street in Batavia. He was issued an appearance ticket and is scheduled to appear in Batavia City Court on Oct. 29. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Jason Davis.

October 14, 2019 - 10:43am
posted by Billie Owens in bergen, news, point breeze yacht club.

Submitted photo and press release:

The Point Breeze Yacht Club held its Annual Members Meeting and Election of Officers on Saturday Oct. 12th in the Clubhouse at Godfrey’s Pond in Bergen.

During the business meeting upcoming events were discussed and an election of officers was held. The existing slate of officers was reelected to another term.

After the meeting, the members enjoyed a great fall dinner catered by Center Street Smokehouse.

The membership was treated to a beautiful walking tour of the grounds and a visit with the different species of wild pheasants, waterfowl, swans, quail, partridge and peacocks.

Anyone interested in becoming a member may contact the Commodore at [email protected]

Photo, from left: Rear Commodore Emrys March, Commodore Bob Bialkowski, Treasurer Madeline Bialkowski, Port Captain William Elliott, Secretary Marietta Schuth, and Vice Commodore Erik Roth. 

October 8, 2019 - 11:36am
posted by Billie Owens in crime, news, Darien, bergen, batavia.

Lauren Yvette Smith, 20, of Strauss Road, Lockport, is charged with second-degree assault. At 6 p.m. on Oct. 6, Smith was arrested after an investigation of an assault complaint at Darien Lake Performing Arts Center during the Meek Mill and Future concert. She allegedly punched a female victim in the face and broke her jaw. Smith was arraigned in Darien Town Court then released on her own recognizance. She is due back in Darien Town Court on Oct. 17. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Chamoun Nicholas.

Zachary V.D. Seeley, 22, of Lyman Road, Bergen, is charged with: Aggravated criminal contempt; aggravated family offense; and endangering the welfare of a child. On Oct. 6 at 9:24 p.m., following an investigation, Seeley was arrested. He allegedly violated a stay away order of protection and has previously been convicted of first-degree criminal contempt. During the incident at a motel on West Main Street Road in Batavia, Seeley allegedly threw a 16 oz. Dr. Pepper soda pop bottle at a child. Seeley was apprehended at a separate location and arraigned in Town of Batavia Court. He was put in jail on $5,000 cash bail or bond. He is due in Town of Batavia Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Erik Andre.

October 7, 2019 - 2:01pm
posted by Billie Owens in crime, news, batavia, darien center, bergen.

Patsy Anthony Rapone, 52, of Meadowcrest Drive, Batavia, is charged with endangering the welfare of a child. He was arrested on Sept. 30 after an investigation into a domestic incident which occurred Sept. 20. He was arrraigned on Oct. 1 in Batavia City Court and released on his own recognizance. He is due back in court on Oct. 17. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Patsy Anthony Rapone, 52, of Meadowcrest Drive, Batavia, was arrested Sept. 30 and charged with criminal possession of a weapon in the fourth degree. He was allegedly found to be in possession of a shotgun illegally, because he is a convicted felon, on Dec. 25 on Meadowcrest Drive. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is to return to city court on Oct. 17. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Jeremy S. Carlson, 48, of Sumner Road, Darien Center, is charged with: driving while intoxicated; aggravated DWI; failure to keep right; speeding; and drinking alcohol in the motor vehicle on a public highway. At 8:55 a.m. on Oct. 6 Carlson was stopped on Pearl Street in Batavia and subsequently arrested at 9:08 a.m. He was processed and released from custody with an appearance ticket for Oct. 23 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Sgt. Eric Bolles.

Stephen Joseph King, 34, of Falleson Road, Rochester, is charged with: Aggravated driving while intoxicated -- with a BAC of .18 percent or greater; DWI -- first offense; and unsafe starting of a stopped motor vehicle. Following a traffic stop at 9:37 p.m. on Oct. 5 on South Lake Avenue in the Village of Bergen, King was arrested. He was released on an appearance ticket and is due in Town of Bergen Court on Oct. 30. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Sgt. Jason Saile.

October 3, 2019 - 1:03pm

Submitted photos and press release:

Emergency services responders assist in ensuring that the scene of an incident remains safe for firefighters, emergency service workers, and members of the public working in its vicinity as well as protecting bystanders and crowd control at emergencies. Duties include traffic control at fires, car crashes, mass casualty incidents (MCI) emergencies, drills and other fire department operations.

Instruction focusing on responsibilities for maintaining highway safety was presented in a two-part program at the Genesee County Fire Training Center. Twenty-two area volunteers completed the Traffic Incident Management (TIMS) training held on Sept. 7 and 18 area volunteers completed the Highway Safety for Emergency Responders (HS-ER) on Sept. 21.

A total of 21 of the 22 volunteer firefighters who took part in either one or both parts of the training program were from Genesee County. They are listed below.

BERGEN

  • Tina M. Carson (TIMS), (HS-ER)

BETHANY

  • Lyle M. Boundy (TIMS), (HS-ER)
  • Carl L. Hyde Jr. (TIMS), (HS-ER)
  • Scott D. Thurley (TIMS)
  • William J. Thurley (TIMS), (HS-ER)

BYRON

  • Cory J. Russell (TIMS), (HS-ER)

DARIEN

  • Joe N. Marino (TIMS),(HS-ER)
  • David N. McGreevy (TIMS), (HS-ER)

EAST PEMBROKE 

  • Matthew N. Allen (TIMS)
  • Samantha M. Cavalieri (TIMS), (HS-ER)
  • Eric C. Holderle (TIMS), (HS-ER)
  • David A. Martin (TIMS), (HS-ER)
  • Adam W. Pearce (TIMS), (HS-ER)

SOUTH BYRON 

  • Nicole M. Boldt (TIMS), (HS-ER)
  • Chase A. Cone (TIMS),(HS-ER)
  • Allison N. Gurgel (TIMS), (HS-ER)
  • Andrew L. Konieczny (TIMS), (HS-ER)
  • Vito J. Muoio (TIMS), (HS-ER)
  • Jacob T. Yasses (TIMS), (HS-ER)

STAFFORD

  • Samantha S. Call (TIMS) 
  • Stephanie E. Call (TIMS)

September 30, 2019 - 3:09pm

Photo: Rob Kaercher at the National Association for College Admissions Counselors at their annual conference in Louisville, Ky.

Submitted photo and press release:

LOUISVILLE, KY. -- On Saturday, Sept. 28, Byron-Bergen College and Career counselor Rob Kaercher accepted the Rising Star Award from the National Association for College Admissions Counselors at their annual conference in Louisville, Ky.

This national award “honors individuals and programs that exemplify excellence and dedication to serving the needs of students in the transition from high school to college."

Kaercher’s position has many aspects from exposing students to a variety of job experiences to helping them complete their college applications.

“I try to help them find a career path that matches their interests,” he said. "I have college and career assessment tools to help with this, but talking to the individual students, reflecting on what brings their interests and what they enjoy in their classes, is the best way. Each student is different. It’s all about personalized attention.”

When asked why Byron-Bergen stood out in the nationwide competition, Kaercher said, “It’s visionary for a small, rural school to have a College and Career counselor. This position is much more prevalent at private schools, public charter schools, and in some suburban and urban schools that have created a college-going culture.

"Byron-Bergen is somewhat unique in that my colleagues in the Counseling Department can focus on the social and emotional development of our students and I can focus on helping with the transition out of high school.

"I hope that we continue to see more rural schools, and schools in general, see the importance of developing a College and Career Center to enhance the school counseling department.”

Another difference between Byron-Bergen and larger districts is the variety of career paths students are interested in.

“This award highlights the transition of students from high school to college, but every year I help students transition to four-year colleges, two-year colleges, military careers, and many students enter directly into the workforce," Kaercher said. "Each of these students is valuable and I hope that I can help them leave high school ready to fulfill their goals.”

“We are extremely lucky to have Rob on our team,” said Byron-Bergen High School Principal Pat McGee. “It’s not enough just to have a College and Career Center. It needs to be in the hands of a dedicated professional counselor with the knowledge, connections, and passion for helping students map out their futures. This is a well-deserved honor.”

“I couldn’t do my job without the flexibility and enthusiasm of our amazing faculty and staff,” Kaercher said. “They meet with students, join field trips, write letters of recommendation – their support allows me to connect the dots.”

In addition to the national award, Kaercher received the Rising Star Award from the New York State Association for College Admission Counseling in August.

I think this is one of the best jobs in the world because I really enjoy working with the students, staff, and faculty,” Kaercher said. “These students have dreams and goals. They are curious and want to explore. That really keeps my job fun and interesting.”

September 28, 2019 - 7:14pm
posted by Howard B. Owens in The Firing Pin, veterans, video, bergen.
Video Sponsor

The Firing Pin hosted a “22 to None Fun Run” in support Mission 22, an organization dedicated to assisting veterans in getting treatment when they need it most.

The event included a 2.2K fun run, raffles, food and beer.

“I have personally lost seven friends that I was deployed with to veteran suicide,” said Patrick Kimball, TFP Advanced Training director and combat veteran. “Together, we can help our veterans get the help they deserve before it’s too late.”

September 28, 2019 - 11:02am
posted by Billie Owens in crime, news, bergen.

Dain Ostertag Kilian, 36, of Saltval Road, Warsaw, is charged with: two counts of criminal possession of a controlled substance in the seventh degree; aggravated unlicensed operation in the second degree; and inadequate exhaust/muffler system. At 12:28 a.m. on Sept. 27, Kilian was arrested on Clinton Street Road in Bergen following a traffic stop. After further investigation, it is alleged that Kilian possessed controlled substances. The defendant was released on appearance tickets and is due in Bergen Town Court on Oct. 9. The case was handled by Genesee County Sheriff's Deputy David Moore.

Scott Patrick Bumbarger, 25, of South Lake Avenue, Bergen, is charged with: driving while intoxicated -- with a BAC of .08 percent or more; DWI; and having an uninspected motor vehicle. Bumbarger was arrested at 10:05 p.m. on Sept. 20 on Clinton Street Road in Bergen following a traffic stop for an uninspected vehicle. He was issued appearance tickets and is due in Bergen Town Court on Oct. 2. The case was handled by Genesee County Sheriff's Deputy James Stack.

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