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A 39-year-old Lockport man confirmed in County Court on Tuesday that he wants to be tried on a murder charge rather than take a plea offer.

Edward Dunn initially turned down a plea offer in December. It would have capped his prison term to 15 years to life. His appearance on Tuesday before Judge Melissa Lightcap Cianfrini was his last chance to accept the plea offer. If convicted of murder at trial, he faces a potential term of 25 years to life on that count alone. With additional charges under New York law, he could be potentially sentenced to 50 years to life.

Dunn is accused of killing Michael Poole, of Olcott, and then hiding his body in the trunk of a car that was abandoned in the town of Alabama in March.

Also charged in the murder is  Kathryn A. Henry, 33, from Lockport, who was arrested on April 19 and charged with murder in the second degree. She was accused at the time of conspiring with Dunn to kill Poole and hide his body. Correction: Henry entered guilty pleas on Aug. 22 to charges of hindering prosecution, a Class D felony, and concealment of a human corpse, a Class E felony.  She is no longer facing a murder charge as previously reported.   

Norman S. DuBois, 45, of Lockport, is charged with hindering prosecution in the first degree, tampering with physical evidence, concealment of a human corpse and conspiracy.

Dunn's trial is scheduled to start with jury selection on March 2.  

Besides the Class A-1 felony of murder, he is also charged with assault in the second degree, a Class B felony; concealment of a human corpse, a Class E felony; and tampering with physical evidence, a Class E felony. 

A winter chill on Tuesday didn't stop the Batavia Society of Artists in its third attempt to hold the opening reception for its annual winter show at Richmond Memorial Library.

Snow storms forced the society to cancel its previously scheduled reception, the first one scheduled a month ago.

Andrea Kuehn, who entered three paintings, won the People's Choice Award, the only award handed out at this show, for her painting, "Stop and Smell the Flowers."

Photos by Howard Owens

One of the real values of the Rotary Basketball Tournament, said Notre Dame Coach Vinny Falleti, is that it focuses attention of female athletes.

"In my opinion, girls' sports in this area don't get as much of a run as boys', and I think that they should," Falleti said on Tuesday during Rotary's luncheon at the ARC Center on Woodrow Road. "There's a lot of great women athletes out there and girls who are really good representatives of what you want to be as you get older. And I think that's a big part of this tournament. It's really shining a light on a lot of young ladies who really do it the right way. And that goes for every school that's involved."

Tip-off for the first game is tonight (Tuesday) at 6:30 p.m. with Notre Dame against defending champs Cal-Mum.

The second first-round game is at 7:45, Batavia vs. Elba.

Elba is making its first tournament appearance in 30 years.

The championship game is at 7:45 p.m. on Thursday.  The consolation game on Thursday starts at 6:30 p.m.

Sub-freezing temps, a slight breeze, and a dusting of snow seemed to somehow add to the live racing ambience at Batavia Downs as the track opened on Monday for its third consecutive winter racing season.

Winter racing has its disadvantages and advantages, Don Hoover, director of live racing at Batavia Downs, told The Batavian prior to Monday's first post time at 3 p.m.

The obvious disadvantage is adverse weather.

"It has its own challenges because from time to time, you're on edge, whether you're going to have to cancel the races or not, depending on weather, and that's something that you need to do in a timely manner to avert having many of the people ship in and be caught in bad weather," Hoover said.

On the plus side, racing fans around the country have few other options if they want to play the ponies remotely.

"We have lost much less competition in the simulcast area," Hoover said. "Today, for example, only three or four tracks are racing nationwide, and that will afford us, hopefully, a very, very substantial handle. Last year, we went over half a million dollars three times, which was unheard of in the era since OTB has owned the racetrack."

While the winter racing crowd is small at the track — and cozy in the warm clubhouse with food and beverages available — winter racing, Hoover said, has helped lift the profile of Batavia Downs for race fans across the country. 

Hoover said there is also an advantage to winter racing for the horsemen. 

"Because it's a Western New York circuit where typically they race in Buffalo and Batavia, but with Buffalo being much closer to the lake than we are, Buffalo opted not to race in January and February a couple of years back," Hoover said. "In an agreement with the horsemen, we were able to pick up those dates. It keeps them where there's one month off out of 12. It keeps them from shipping to continue to ply their trade."

This year marks the 85th year since harness racing started at Batavia Downs, but since some seasons were missed over the decades, Hoover estimates its actually the 79th year of live racing at the track.

"As everyone's well aware, there have been many, many changes in the landscape of racing over the last 50 years," Hoover said. "We don't get as many on-track customers as we used to because of the availability of wagering from the comfort of your home, your phone, and even your car. There's also been a proliferation of casino gambling in the state, so the picture is different. But the good thing about it is that we still have racing purses that are such that people can make a good living."

There is still clearly an interest in live racing, which the total handle live racing generates proves, Hoover said.

"The one thing that we would like to see happen, and we hope it can happen, is to raise the on-track handle and the on-track attendance here at Batavia Downs," Hoover said. "They (the Western Regional OTB board) put money into racing. They renovated the clubhouse recently. Many tracks in the state don't even have an open clubhouse. So we try to draw people here, and that's one of our goals."

UPDATE: Don Hoover reports that the opening day of the 15-day winter meet was a success. He states,  "As compared to last year’s opening day we showed an increase in both live and total handle. The live handle was $7,330 yesterday as compared to $6,803 last year ( a 7.7% increase), and the total handle was $465,558 as compared to $390,922 ( a 19% increase) and was the 4th highest handle since WROTB acquired Batavia Downs."

Photos by Howard Owens

Here are The Batavian's Top 10 most viewed stories for 2024

• New owner to take over, transform site of former Artemis spa in downtown Batavia, by Joanne Beck
• Batavia pastor denies allegations of sexual abuse as his name disappears from church website, by Joanne Beck
• At Darien Lake, 'Tommy had it under control', by Howard Owens
• 'Sad loss for downtown,' The Spa at Artemis apparently closed, by Joanne Beck
• O'Lacy's Irish Pub to continue with new owner, by Joanne Beck
• Sheriff's Office sergeant dies in the line of duty while trying to make arrest at Batavia Downs, by Howard Owens
• News surfaces that suggests Plug Power pulling out of WNY STAMP, by Howard Owens
• The biggest change coming for The Family Diner in West Batavia -- it's closing, by Howard Owens
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• Court documents say Elmore used (necklace) to beat officer, placed him in a chokehold, by Howard Owens

Notre Dame improved to 5-2 Saturday afternoon in Girls Basketball with a 63-22 win over Wheatland Chili at home. 

Every Irish player contributed for a balanced win. 

Leading ND were the Falleti sisters, Sofia and Gianna, with 12 points each. Also contributing were Lucia Fiorentin with 11 points, Emma Fitch, 7, Riley Yunker, 7, Shirley Thompson, 6, Clairissa Milliman, 4, and Penny Jo Thompson, 4.

“Back-to-back games are very difficult, and I was happy that the girls could come out and have everyone contribute both on offense and defense,” said Coach Vinny Falleti.

Photos by Pete Welker.

In Girls Basketball on Monday, Elba beat Batavia 54-36.

For the Lancers, Sydney Reilly and Mariah Ognibene each scored 14 points. 

Jaimin Macdonald scored 17 points for Batavia.

Photos by Debra Reilly.

Flanked by colleagues from Genesee County's criminal justice system, Jail Superintendent William Zipfel strolled out of the new Genesee County Jail in a ceremonial "walk-out" on Friday to end his 42-year career.

Zipfel spent the past decade as jail superintendent, which included helping the county build a new jail over the past couple of years, moving it out of an aging and dilapidated facility on West Main Street.

But for Zipfel, that is not the capstone of his career. As a corrections officer, he's valued the opportunity to help people.

"The occasions when you've actually been able to help somebody, that's difficult to find in the corrections setting, but occasionally it happens, and that's meaningful when it happens," Zipfel said.

What he values most over his long career are his colleagues.

"The people in the department, the camaraderie and the people who made it worthwhile, especially the sheriff," Zipfel said. "I have nothing but the highest regard for the sheriff."

During his career, Zipfel has been a firearms instructor, defensive tactics instructor, aerosol chemical agents instructor and suicide prevention instructor.

His passion, though, is skydiving, and skydiving figures prominently in his retirement plans.

"My wife will be ticked, but I probably will go renew my skydive ratings and get my instructional ratings back that I've had and do some more skydiving," Zipfel said.

Photos from Friday's swearing-in ceremony at the Old County Courthouse for Genesee County officials.

Douglas Grant Goodwin, 33, of Maple Road, Alabama, is charged with criminal contempt 1st. Goodwin, currently in custody at the Genesee County Jail, made a phone call to a specific person at 11:44 a.m. on Dec. 15 in violation of an order of protection. Goodwin is also charged with promoting prison contraband 2nd. Goodwin is accused of possessing two mobile phones while being incarcerated.

Philip Roy Chin, 37, of Conrad Drive, Greece, is charged with criminal mischief 3rd. Chin is accused of intentionally damaging a door by kicking it multiple times at 4:45 p.m. on Dec. 15 at a location on West Main Street, Batavia. 

Roy Joseph Knauss, 34, of East Main Road, Le Roy, is charged with harassment 2nd. Knauss is accused of spitting on and kicking another person during a fight at 2:55 p.m. on Dec. 15 at a location on East Main Road, Le Roy. He was issued an appearance ticket.

Linda Maria Doucette, 59, of Lake Road South, Brockport, is charged with DWI. Doucette was stopped at 7:33 p.m. on Dec. 17 following a traffic complaint on Peachey Road, Beren. Doucette was released on a ticket.

Daniel Lawrence Kensy, 41, of Schlemmer Road, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right.  Kensy was stopped at 12:05 a.m. on Dec. 18 on Pearl Street Road, Batavia, by Sgt. Mathew Clor. Kensy issued tickets and released.

Merry Christmas from The Batavian.

Photos by Howard Owens.

For decades -- there is no record we know of for when the games started -- local basketball aficiandos have met every Monday, Wednesday, and Friday in the gym at the YMCA to play hoops.

It is almost certainly the longest-running, ongoing pick-up basketball game in Batavia.

Joe Perzia, the longest-tenured regular player, has been hitting the court at the Y since the early 1990s.

Mike Roth, in his 70s, is the oldest active member, but on any given morning, there can be players in their young 20s trying to block out or drive on guys twice or even three times their age, and the matchups aren't always as uneven as they might sound.

The games are always spirited and intense but always friendly.  

Players start showing up on Mondays, Wednesdays, and Fridays at 6 a.m., with games usually starting by 6:30 a.m.  In that time, they might fit in as many as three games before players start heading off to work.

On Monday, the current group of regulars played their last games at the old Y.  On Jan. 2 (which is actually a Tuesday, in a slight break with tradition), they will play their first games at the new Healthy Living Center.

To commemorate the last games in the old gym, in the manner of a celebration after a big championship win, the players cut down the nets in the old gym.

Submitted photos.

Tia E. Schmieder, 33, of Batavia, is charged with burglary 1st, attempted assault 1st, criminal possession of weapon 3rd, criminal mischief 4th, and menacing 2nd. Schmieder allegedly forced her way into a person's residence on State Street and slashed that person with a knife. She was arraigned and released.

Tyquan D. Bethel, 34, of Batavia, is charged with criminal contempt 1st, unlawful imprisonment 2nd, criminal mischief 4th, and harassment 2nd. Bethel was arrested on Nov. 20 following a report of a disturbance on Pearl Street, Batavia. He allegedly violated an order of protection by holding a person down and refusing to let the person leave. He is also accused of preventing the person to call 9-1-1 by taking away the person's phone. He was arraigned in City Court and jailed.

Quincy G. Styles, 26, of Batavia, is charged with robbery 3rd. Styles allegedly stole money from another person at the scene of a motor vehicle accident on Nov. 21 by threatening to punch the driver if he didn't give him money. Styles was arraigned in City Court and released.

Joshua D. Michel, 34, of Batavia, is charged with tampering with physical evidence, tampering with public records 2nd, falsely reporting an incident 3rd, and endangering the welfare of a disabled person. Michel was charged after an investigation into three separate incidents at the Developmental Disabilities Services Office on New York Place in Batavia, where he was employed. 

John P. Wittkopp, 41, of Batavia, is charged with assault 2nd. Wittkopp is accused of fighting with another person on Nov. 7 on Spencer Court and causing serious injury. He was arraigned in City Court and held.

Thomas J. Mitchell, 35, of Batavia, is charged with petit larceny and grand larceny. Mitchell is accused of stealing tools from a vehicle on Oct. 9. He was arrested on Nov. 8, arraigned in City Court and released.

Nicholas C. Kingdollar, 29, of Batavia, is charged with criminal contempt 2nd. Kingdollar is accused of sending a letter to a person he was ordered not to contact while incarcerated at the Genesee County Jail. He was arrested on Nov. 24.

Sean M. Conway, no age or residence provided, is charged with criminal possession of a controlled substance 7th. Conway was arrested on Nov. 22 on a warrant related to an incident reported on April 26 when he was allegedly found in possession of narcotics. He was arraigned and released.

Doreen M. Boop, 61, of Batavia, is charged with criminal possession of a controlled substance 7th. Boop was arrested on Nov. 22 on a warrant related to an incident reported on April 26 when she was allegedly found in possession of narcotics. She was arraigned and released.

Meaghan A. Conti, 37, of Batavia, is charged with criminal possession of a controlled substance 7th. Conti was arrested on Nov. 18. Conti was allegedly found in possession of narcotics during a welfare check on East Main Street, Batavia. She was issued an appearance check.

Warren T. Cotton, 47, of Batavia, is charged with two counts of criminal contempt 2nd. Cotton is accused of violating a stay-away order of protection. Cotton was arrested on Nov. 5 and on Nov. 18. He was arraigned in City Court and jailed.

Brandon M. Seppe, 40, of Batavia, is charged with criminal contempt 2nd and trespass 2nd. Seppe is accused of entering a residence on Ellicott Street in violation of protection. He was issued an appearance ticket.

William T. Hughes, 68, of Batavia, is charged with forcible touching. He was arrested on Nov. 11 in connection to an incident on East Main Street reported on Nov. 9. He was issued an appearance ticket.

Jose A. Rivera, 38, of Bergen, is charged with harassment 2nd. Rivera was charged following a report of a fight on Sept. 26 at The Harvester on Harvester Avenue on Sept. 26. He was released on an appearance ticket.

Alicia M. Lyons, 45, of Batavia, is charged with criminal contempt 2nd. Lyons allegedly contact a person on Nov. 10 in violation of a stay-away order of protection. She was issued an appearance ticket.

Scott J. Hinze, 38, of Batavia, is charged with criminal mischief 3rd, criminal contempt 2nd, criminal tampering 3rd, and petit larceny. Hinze was arrested on a warrant following an incident in July where he allegedly damaged and tampered with property belonging to another person in violation of an order of protection. He was arraigned and released.

Curtis McCall, 37, of Batavia, is charged with petit larceny. McCall is accused of stealing property from Family Dollar in Batavia. He was issued an appearance ticket.

Myrin D. Lumpkin, 46, of Batavia, was arrested on Nov. 27 on a warrant. Lumpkin allegedly failed to appear in court on a disorderly conduct charge stemming from a fight on West Main Street, Batavia, in August. He was arraigned in City Court and released.

Zachary R Eichenberger, 40, of Batavia, is charged with petit larceny. Eichenberger is accused of shoplifting from Aldi. He was issued an appearance ticket.

Lyndsay T. Young, 41, of Alexander, was arrested on a warrant on Nov. 26 charging her with criminal possession of a controlled substance. Her arrest stemmed from an investigation into an incident on July 26, where she was allegedly found in possession of crack cocaine. She was arraigned and released.

Francis A. Coombs, 57, of Batavia, was arrested on Dec. 3 on a warrant. Coombs allegedly failed to appear in court on a criminal mischief 4th charge from August. He was arraigned in City Court and jailed.

Joseph C Jeffords, 33, of Batavia, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Jeffords was charged following a traffic stop on Nov. 26 on Kingsbury Avenue, Batavia, by a Batavia patrol officer.He was allegedly found in possession of drug paraphernalia and crack cocaine. He was issued an appearance ticket.

Sarah A. Malone, 42, of Batavia, was arrested on a warrant on Nov. 26 on charges of aggravated unlicensed operation 2nd and driving without an interlock device. The warrant stems from an incident on Aug. 30 in Batavia. Malone allegedly drove a vehicle on a suspended license and without an ignition interlock. She was arraigned and released.

Amanda S. Dombrowski, 41, of Batavia, was arrested on Nov. 26 on a warrant. She was charged with bail jumping after allegedly not appearing on prior charges. She was arrested on May 2, 2020, and charged with menacing 3rd and endangering the welfare of a child. She was arraigned in City Court and jailed.

Thomas E. Lowe, 65, of Batavia, is charged with criminal mischief 4th. Lowe is accused of damaging the interior of a store on East Main Street, Batavia, on Nov. 25.  He was issued an appearance ticket.

Nicholas M. Ricigliano, 40, of Batavia, was arrested on Nov. 30 on a warrant. Ricigliano is accused of failure to appear in court on a petit larceny charge from Aug. 21. He was arraigned and released.

Marissa B. Torres, 34, of Batavia, is charged with criminal contempt 2nd. Torres allegedly violated an order of protection on Nov. 12. She was arraigned and released.

Dontre R. Woods, 34, of Batavia, was arrested on Nov. 12 on a warrant. Woods allegedly failed to appear in court in August. Woods was arraigned and released.

Russell S. Neureuther, 26, of Byron, is charged with aggravated DWI. Neureuther was stopped on Nov. 2 by a Batavia patrol officer on Elm Street. He was issued traffic tickets and released.

Hillary D. Russell, 31, of Batavia, is charged with harassment 2nd. Russell is accused of throwing an item at another person on Nov. 7 during a fight on Hutchins Street, Batavia. Russell was arraigned in City Court and released.

Ian J. Stothers, 22, of Batavia, is charged with criminal mischief 2nd, reckless endangerment of property, and necessary noise. Stothers and two other people are accused of damaging a parking lot belonging to the city of Batavia on Nov. 9. Strothers was arraigned and released.

Angel R. Del Valle Castillo, 18, of Batavia, is charged with possession of a forged instrument 2nd and possession of a forged instrument 3rd. Castillo was charged following a traffic stop on Nov. 3. He is accused of driving a vehicle with a fictitious license plate and providing officers with a forged insurance card. He was arraigned and released.

Megan J. Courtney, 28, of Batavia, is charged with criminal possession of stolen property 5th and petit larceny. Courtney is accused of allegedly stealing merchandise from Dollar General on Dec. 1. Police officers were initially unable to determine her identification, but she returned to the store the next day attempting to return the stolen items.  Courtney was issued an appearance ticket.

Kody A Wenzel, 32, of Batavia, was arrested on a warrant on Dec. 8 and charged with criminal possession of controlled substance 7th. Wenzel was allegedly found in possession of methamphetamine on Aug. 4, 2023. Wenzel was arraigned and released.

Robin F. Schmitt, 40, of Oakfield, is charged with petit larceny. Schmitt is accused of stealing merchandise from Dollar General on Dec. 3. He was issued an appearance ticket.

Lisa M. Fox, 53, of Albion, is charged with criminal possession of a controlled substance 7th, tampering with physical evidence, criminal use of drug paraphernalia 2nd, obstructing governmental administration 2nd, and traffic violations. Fox was stopped on Dec. 5 on Richmond avenue and allegedly found in possession of crack cocaine. She was issued an appearance ticket.

Dana L. Manes, 60, of Batavia, is charged with petit larceny and conspiracy 6th. Manes is accused of stealing merchandise from Tops on Dec. 10. Manes was issued an appearance ticket.

A residence at 8087 Parmelee Road in Le Roy was destroyed in an early morning fire, according to the Le Roy Fire Department.

Crews responded to the log cabin structure at 2:35 a.m. The first crews on scene reported heavy fire from the instruction.

The homeowner escaped the fire after being alerted by a smoke alarm inside the residence. 

Le Roy reports that there was limited access to the structure, so the scene commander requested UTVs and 4X4 trucks from mutual aid departments.

The UTVs and 4x4s were used to shuttle manpower and equipment to the scene.

Bergen Fire reported that "Crews faced steep challenges, including heavy fire and an icy, inaccessible driveway that required the use of four-wheel-drive vehicles and UTVs to reach the scene. With temperatures hovering around 5 degrees, the extreme cold pushed our firefighters and equipment to their limits. Gear froze stiff, and maintaining the functionality of hoses, tools, and vehicles demanded extraordinary effort."

Bergen said all firefighters returned home safely.

"This incident highlights the incredible resilience and dedication of our firefighters in Bergen and the surrounding towns," Bergen said in a statement.

Responding departments included Bergen Fire, Pavilion Fire, Stafford Fire, Cit yof Batavia, Caledonia Fire, Town of Batavia Fire, Scottsville Fire, Mumford Fire, and Brockport Fire. Scene supported included the Le Roy Highway Department, Le Roy PD, Sheriff's Office, Le Roy Ambulance, Le Roy Fire Auxiliary, and emergency dispatchers.

Photos via Bergen Fire Department.

Two city of Batavia PD police officers sustained minor injuries in an assault late Saturday morning at a location on Trumbull Parkway during what the police describe as a "mental health incident." 

The name of the suspect was not released. Police say the suspect is being evaluated at Strong Memorial Hospital. Charges are likely upon the suspect's release from the hospital, police said.

Further details about the incident be released later, police said, saying the investigation is ongoing.

The two officers were treated at UMMC and released.

The police department was assisted at the scene by City Fire, Mercy EMS, the city of Batavia Code Enforcement Office and the city of Batavia Public Works Department. 

"We appreciate the community's cooperation and understanding in this matter," police said.

Anyone with information about the incident is asked to call 585-345-6350.

Ten goats died in a barn fire on Thursday night at 3602 Rose Road, Batavia.

Homeowners Shey and Gina Doane said they also had antiques stored in the barn along with some belongings of Shey's late father.

The fire was reported at 9:13 p.m.

Deputy Fire Coordinator Dan Coffey said the homeowner spotted smoke when he returned home and that the barn was fully involved a few minutes later when the first firefighters arrived on the scene.  The barn was a total loss.

Shey said he had returned from taking his son's girlfriend home when he found the fire.

The cause and origin of the fire is under investigation, Coffey said.

Town of Batavia Fire responded with mutual aid from East Pembroke and Alexander. Oakfield and Stafford provided fill-ins for the responding departments.

There may have been one minor firefighter injury, a slip-and-fall, Coffey said, but he was not treated at the scene.

Crews cleared the scene at 1 a.m.

The Doanes said the goats were rescues rejected by their mothers, so they were raised inside the barn and bottle fed. Gina said the goats were like her kids.

Photos by Kara Richenberg. Kara Richenberg contributed to the story.

A man wanted by Batavia PD on a weapons charge since September 2023 is in custody after being located by U.S. Marshals.

Batavia PD has released little information on the case. 

Royse, age and area of residence not disclosed, was wanted on a charge of criminal possession of a weapon in the third degree. The release about his arrest does not state what charges he is being held on or what incident the charges stem from.

A reward of $2,500 was offered for his capture. Batavia PD does not say whether the reward will be paid, but the release thanks the community for tips and Le Roy PD for assisting in the investigation.

There is no information on where Royse was located.

At the time the search for Royse was announced, he was on parole for a conviction on burglary in the second degree and had an active parole warrant out for his arrest.

A 59-year-old landlord in Elba was admitted to County Court on Thursday to menacing a tenant at a location on Ridge Road in August. The landlord will serve a year on interim probation.

Michael Joseph Schad, of Ridge Road, Elba, entered a guilty plea to a felony count of menacing.

When he was arrested at 9:05 a.m. on Aug. 24, he was charged with five counts of menacing in the second degree as a hate crime and one count of menacing in the second degree.

District Attorney Kevin Finnell said Schad was accused of using a derogatory racial term directed at his tenant. He said Schad was intoxicated and possessed what appeared to be a weapon during the confrontation with the tenant, which Finnell described as a "tenant dispute." 

Schad has no prior criminal history, and Schad had no history of prior disputes between Schad and his tenant.

ADA Earl Voss prosecuted the case.

Schad agreed to the year of interim probation and to address his anger/substance issues.  He will be sentenced in one year and will if successful on interim probation, will be sentenced to less than 364 days in jail. If unsuccessful, he faces up to four years in prison. 

The tenant has apparently moved out of the property.