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Trio of 14-year-olds charged with arson in Wiard Plow fire

By Howard B. Owens

Three 14-year-old boys have been charged with setting the Wiard Plow factory fire, which destroyed a good portion of the historic structure May 8.

Because the boys are juveniles, their names are not being released by law enforcement. Two of the boys face two counts each of arson, 3rd, and the third member of the trio faces one count of arson, 3rd.

The first two boys are accused of starting an early afternoon fire in an abandoned office in the old factory. The 1:40 p.m. fire was quickly extinguished by the Batavia Fire Department after a passerby reported seeing smoke coming from the building before the fire had much chance to spread. 

All three were allegedly involved in starting a second fire in the evening -- reported at 7:40 p.m. --  which quickly engulfed a good portion the structure causing an estimated $288,000 damage.

Lead investigator Det. Kevin Czora along with other members of the Batavia Police Department, the fire department, New York State Fire and the Genesee County District Attorney's Office spent three months building the case against the suspects. Detectives conducted numerous interviews and gathered physical evidence.

The three juveniles, because of their ages, have been referred to Genesee County Family Court to answer the charges.

Besides the arson charges, all three were also charged with burglary, 3rd, criminal mischief, 2nd, and conspiracy, 4th.

For previous coverage, click here.

No injuries in accident at Ellicott and Jackson, Batavia

By Howard B. Owens

There were no injuries in an accident at Ellicott and Jackson streets a short time ago.

Officer Chris Camp said the accident investigation is preliminary and no information is yet available.

Photo: Barn at Sanders and Horseshoe Lake Road, Stafford

By Howard B. Owens

The clouds yesterday and today have been fantastic. I've really wanted to get out into the countryside and look for interesting things to photograph, such as barns. Unfortunately, my time has been limited. I did manage to drive down Sanders Road in Stafford today and spotted this barn under a great sky and hiding a bit behind a cornfield.

Photo: Bank Street construction continues

By Howard B. Owens

For most of yesterday and today, Bank Street was closed, and from the looks of it, the closures will continue. Sewer replacement has reached Bank and Washington. The road is blocked by a big ditch and heavy equipment. The project -- which will eventually include resurfacing -- is expected to go on into the fall.

New Today: Terry Hills

By Howard B. Owens

New Today: Terry Hills, 5122 Clinton Street Road, Batavia, NY: Terry Hills features a championship 27-hole public golf course that has been consistently ranked as one of the best in the area and an all new clubhouse, boasting both a restaurant and banquet facility that offer panoramic views of the golf course. We have a pair of gift cards for 18 holes of golf with a value of $46 available for $23.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts,lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Carlson's Studio, 39 Jackson St., Batavia, NY: Weddings, new babies, family portraits, pet portraits and group events -- preserve those memories with professional photographs. We have a $100 gift card for $50 (+$2 PayPal Service fee).

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Tuesday's Muckdogs games cancelled because of wet field conditions

By Howard B. Owens

The Batavia Muckdogs did not play as scheduled Tuesday against Williamsport because the field at Dwyer was deemed too wet.

As a result, fans will be able to enjoy back-to-back double-headers tonight and Thursday, both beginning at 6:05.

In the NY-Penn league, double-header games are scheduled for only seven innings.

Wichita man accused of engaging in sexually explicit communication with two Batavia girls

By Howard B. Owens

A mother whose under 15-year-old daughter admitted to her that she exchanged allegedly pornographic images with a 24-year-old Kansas man tracked the man down online and turned him over to Batavia Police.

The man is a registered sex offender. A Wichita Police investigation, after receiving the report from Batavia, indicates he may have victimized other youngsters around the nation.

Two Batavia girls were allegedly involved in exchanging pornographic images with Shane McClelland, of 1800 East 201st St., Wichita, Kansas.

McClelland was taken into custody by Wichita Police.

Based on the possibility of additional victims in other locations, the investigation is being turned over to federal law enforcement.

Conversations with the girls in Batavia reportedly began in January 2010 and continued into August 2010. Over time, the online conversations allegedly escalated into sexually explicit communications.

McClelland is being held in Wichita on additional charges and alleged parole violations.

Considering the possibilities: Local nonprofits tour former Cristina's location

By Howard B. Owens

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At least a half dozen local nonprofits showed up for an open house this afternoon at the former Cristina's Restaurant and Lounge building on Ellicott Street.

Owner Chuck Brumsted says a total of 15 groups have contacted him about a possible donation of the fire-damaged property.

Brumsted, who's still in Florida, wanted to give nonprofit leaders a chance to see the site, taking stock of both its potential and the work that needs to be done to fix it up.

Genesee ARC, GCASA and GCC were among the groups represented today.

For Genesee ARC and GCASA, both organizations are looking at a potential business location to give clients a chance to get work and entrepreneurial experience. 

Maryann Arena from the GCC theater program said she was there to check out the possibility of a downtown theater location. It could give students a chance to learn about a variety of theater production techniques -- bringing more young people downtown in the process.

Pam La Grou, representing GCASA said the site might give her agency's clients a chance to learn how to start and run a business, perhaps a coffeehouse.

"We're just in the exploratory phase," she said.

For Genesee ARC, the location represents the chance to open a retail location for the products the agency's clients produce, from pet beds to baked goods.

"We're always looking for more space," said ARC's Donna Saskowski.

The property obviously needs a lot of work to become something any organization could occupy, and all of the non-profit representatives said that's certainly a consideration before deciding to make a formal application to get ownership.

Saskowski said that Genesee ARC also realizes there are a lot of resources in the community to help reduce costs, such as possibily using the property as an opportunity for construction students at BOCES to practice their trade.

"We certainly have to invest and that is the give-and-take," Saskowski said. "We have to look at the cost per square foot to remodel. It would be an investment. And could this be an investment that we could free up other facilities, or turn another facility over, perhaps that we’re leasing or something like that. It certainly takes a lot of study."

Brumsted said today that given the range of potential applicants for the property, "It's going to be a tough choice."

Batavia native opens pop culture collectibles store on Ellicott Street

By Howard B. Owens

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Bill Hume is living his dream.

What started with a Star Wars and KISS memorability collection when he was a child, has blossomed into his own retail store on Ellicott Street.

The 39-year-old entrepreneur started selling pop culture collectibles on Ebay in 1998, eventually had a 20x20 stall at Antique World in Clarence and now has 1,000-square-foot store at 440 Ellicott St.

foxprowl02.jpg"It's been progressively building and culminated in a store back in my home town," said Hume. "This was the ultimate dream, though I didn't know it would ever be feasible."

Hume benefited from a flexible landlord and the ability to buy all of his store fixtures cheaply.

The store, named Foxprowl, opened just over a week ago.

He said customers from Buffalo, who bought collectibles from him in Clarance, have already started showing up at his new location to browse his expanded inventory.

foxprowl04.jpgThe story contains a wide variety of pop culture items, from figurines for Star Wars, KISS (of course), Star Trek, Spider Man, Superman and Austin Powers to toys and games tied to many of the most popular movies and TV shows of the past 30 years.

"I guess I was born at the right time," Hume said. "I just got sucked up into the whole pop culture thing in the late '70s"

He acknowledges that his kind of specialty retail store can find it hard to survive. But he's hoping with his ability to keep his expenses low, expansive resources for obtaining new inventory, and a loyal following from his previous years in business, he can make a go of it at his new location.

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One-car accident reported on 490 on ramp, Le Roy

By Howard B. Owens

A one-car accident with an injury has been reported off Route 19, in the eastbound on ramp to the 490, in Le Roy.

Le Roy Fire and ambulance are responding.

The call came into Monroe County. Genesee County Emergency Dispatch has not received any calls about the accident

One person may have suffered a head injury. A person is reported at the side of the road holding another person.

UPDATE 8:50 p.m.: No accident was found. A fire chief spoke with a trooper who had been patrolling the area and the trooper had seen a disabled vehicle pulling a trailer and a person was beside the road working on the vehicle. Perhaps that's what the caller saw. Monroe County received only one call. Le Roy Fire and ambulance are clear.

Muckdogs in pennant race with nine home dates left

By Howard B. Owens

There are nine home dates left in the 2010 Batavia Muckdogs season.

Will these be the final professional baseball games played in Batavia, the birthplace of the New York-Penn League?

At 6:05 p.m., the Muckdogs (34-26) open a double-header with Williamsport (35-27), followed by Wednesday and Thursday games with their division rival. Both teams are two games out of first place in the Pinckney division.

Jamestown is in first with a record of 37-25. The Jammers will be in Batavia on Sept. 2 for one game.

Fifth-round draft choice Nick Longmire remains among the league leaders in hitting, with 39 runs scored, five triples, eight homers and 44 RBIs.

Infielder Joey Bergman is among the top 10 hitters with a .315 average.

Justin Edwards leads the pitching staff with a 2.81 ERA while Andrew Moss has notched six wins.

Zach Russell, with a 1-3 record and 2.38 ERA is expected to start tonight's first game.

Batavia consolidation receives state funding, poised for next steps

By Howard B. Owens

Efforts to get a better look at what consolidation of  the city and town might look like is moving forward with the award of a $49,500 Government Efficiency Grant from the state.

City Manager Jason Molino said that the city has not yet received official notification of the grant, but once it does, city and town officials will meet to discuss the next steps.

According to a prior agreement between the city and town, officials must appoint, within 30 days of funding, an interview committee charged with recommending members for a Consolidation Charter Task Force.

Once a charter is written, the city and town will need to seek legislation in Albany to allow a referendum vote in both jurisdictions.

Molino said it's still the feeling in the city that consolidation is "worth looking at."

"That's been the mentality of everybody involved in the process," Molino said. "The mentality has been we have a chance to be handed a clean sheet of paper, so let's understand what can be put on that piece of paper."

The funding for moving forward with consolidation comes just a week after voters in the villages of Sloan and Williamsville in Erie County overwhelming rejected dissolution initiatives -- part of a statewide effort to, at least in theory, reduce the size of government.

Molino said he doesn't know why voters rejected dissolution, but he suspects a lack of information had a lot to do with it.

One of the flaws of the dissolution legislation, Molino said, is that it doesn't require any study or planning. Voters in towns and villages (the legislation doesn't apply to cities) aren't exactly told what will come next if their local government is dissolved.

"There was no plan in place," Molino said. "Whatever you do, whether it's put in sewers or sidewalks, you have to have a good plan in place in order to understand what you're getting into. That's true for dissolution or consolidation, too."

While conventional wisdom around the county is that residents in the Town of Batavia will never agree to consolidation, Molino said the only thing to do is develop a plan, educate the public and let the voters vote.

"It's not my job to predict how voters will react," Molino said.

The interview committee will consist of the city council president and two council members as well as the town supervisor and two town board members. The committee will select eight charter task force members -- four from the city, four from the town -- and each member must be unanimously approved by the selection committee.

Charter task for members cannot be a city or town elected official, a member of planning or zoning boards, an employee of the city or town, and spouse of any such person.

The task force will be asked to submit a draft charter by July 30, 2011 and a final proposed charter by Dec. 31, 2011.

UPDATE 5:15 p.m.: We were finally able to talk with Town Supervisor Greg Post today. Post echoed Molino's "clean sheet of paper" remarks.

"I’m interested in seeing what a new charter looks like," Post said. "That’s been my interest from day one. This is the first opportunity in my experience, and probably in more than 100 years, where a group of citizens from the local smallest entity there is can collaborate on a new charter."

Police Beat: Driver charged under Leandra's Law

By Howard B. Owens

Shawn Robert Hugar, 24, of Vandermark Road, Scio, is charged with DWI, a felony count of driving with a child under 15 in the car, driving with a BAC of .08 or greater, aggravated unlicensed operation of a vehicle and unsafe backing. Hugar was located at  12:55 a.m., Monday, on Route 77, south of Sumner Road, Darien, after backing his car into a ditch. Upon investigation, Sgt. Greg Walker found Hugar to be allegedly intoxicated and driving with a child in his car (a felony violation of Leandra's Law).

Tina M. Whitbeck, 43, of Penn Yan, is charged with a felony count of DWI, criminal contemp, 2nd, and aggravated DWI (drivng with a BAC of .18 or higher). State Police responded to a call at 8:40 p.m., Sunday, of a car partially blocking Pearl Street Road. The driver was also reported to be acting strangely. Upon investigation, Whitbeck's BAC was allegedly found to be .22. Whitbeck is also accused of traveling with a passenger that she was ordered to stay away from.

Jason Cleveland, 27, of Leroy, is charged with DWI and failure to keep right. Cleveland was stopped at 10 p.m., Sunday, by State Police on Route 77, Darien. Upon investigation, Cleveland was allegedly found to be operating with a BAC of .10.

Lansing H. Gardner, 35, of Lyndonville, is charged with DWI and driving with a BAC of .15. Gardner was stopped by State Police at 9:32 p.m., Sunday, on Colby Road, Darien.

Eric J. Goodwin, 31, of Lockport, is charged with DWI and driving with a BAC of .13. Goodwin was stopped at 12:45 a.m., Monday, by State Police, on Route 77 in Pembroke.

James E. Leair, 19, of Depew, is charged with unlawful possession of alcohol by a person under 21. Leair was cited by State Police at 7:30 p.m., Friday, on Sumner Road, Darien.

Keith A. Harman, 50, of Lancaster, is charged with DWI and aggravated DWI. Harman was stopped at 10:39 p.m., Friday, by State Police on Sumner Road, Darien.

Honored member of local firefighting community laid to rest

By Howard B. Owens

Family members, friends and fellow firefighers gathered at the Corfu Fire Hall this morning for a memorial service for William Dix, who died Wednesday at his business, Jay E. Potter Lumber. He was 56.

Dix served the local firefighting community, and the community of Genesee County, for 40 years.

"He will be with us wherever we go," said Betsy Abramson during a short and dignified graveside service in Alabama following the memorial service. "Everyone who knew Bill so intimately, please, please, tell these precious little ones what a wonderful grandfather they had."

DWI charge follows accident in Alabama that injures three Batavia men

By Howard B. Owens

Three Batavia men were injured in a weekend accident in Alabama, according to State Police.

None of the injuries were life threatening, but the driver, 23-year-old Adam L. Durfree, of Bank Street, Batavia, was charged with DWI.

Sgt. Kurt Schmidt said investigators concluded the accident was the result of alleged speeding and drinking.

Durfree's car struck a tree at 6324 Knowlesville Road, Alabama, after he apparently lost control of it and it slid off the roadway.

Also injured were William Morgan, 18, of North Lyons, Batavia, and Anthony Ogden, 18, of Holland Avenue, Batavia.

The accident occurred at 5:47 a.m., Saturday.

Durfree was treated and released at UMMC. Ogden was taken to UMMC and Morgan was taken to ECMC by ground ambulance. Schmidt said Morgan suffered multiple cuts.

Letter from Marc Coppola: Gun rights

By Howard B. Owens

I met Marc Coppola on Saturday and today he sent along this note, which I thought worth sharing:

Howard,

Nice running into you at Summer in the City in Batavia this past Saturday. As I mentioned, I thought it was ironic that someone commented on your site that I was anti-gun when in fact I hold and carry permits for my own guns (and have) for almost 19 years now. And, in case anyone should ask, I do support the right to keep and bear arms. I believe that while the approval process for obtaining a pistol permit in NYS could be quicker, we do it right, trying to assure that those who pose a real threat to society or themselves, don't wind up with a dangerous weapon.

On a more current legislative issue, microstamping, I think that the reasoning and idea behind it has merit, but there are two things lacking that would prevent my support: technology and economics.

My understanding is that the technology of microstamping is still in its evolution stage. Given this, I think it is a large step and therefore premature to enact such a law for NYS at this time.

Secondly, since the law would only apply to guns legally purchased in NY state, and data shows that most guns used in the commission of a crime originated from outside NYS, you have to question the true impact of the legislation.

On the economic side of the equation, this may cause just another burden on NYS businesses that sell or deal guns and related equipment. It puts NYS again, in a less competitive position, which could hurt a strong industry, especially in upstate NY.

Sorry if I sound like I'm on the soap box, just something I wanted to clarify since it was mentioned.

Unfortunately our government leaders, well-intentioned at times, take knee-jerk reactions to things without fully exploring and considering the true impacts, both positive and negative. Using guns for hunting and sport is a tradition and culture particularly in upstate, throwing the baby out with the bathwater so to speak is not good policy.

Take care,
Marc Coppola

(Note: He is a Democrat running for state Senate in the 61st District.)

Police Beat: One arrest made at Summer in the City

By Howard B. Owens

A 17-year-old from Ellicott Street, Batavia, is charged with disorderly conduct and resisting arrest. The youth allegedly became involved in a verbal argument with another person during "Summer in the City." When police officers approached, the youth allegedly yelled obscenities at the officers. When the officers, who were on foot patrol for the festival, attempted to arrest the youth, the youth allegedly resisted.

John Martin King, 34, of Cockram Road, Byron, is charged with harassment, 2nd. King allegedly placed his hands around a woman's throat during an argument. King was jailed without bail and an order of protection was issued.

Joshua Stanley Martaus, 26, of Overlook Drive, Batavia, is charged with menacing, 3rd, harassment, 2nd, and possession of a controlled substance outside its original container. Martaus is accused of striking a female family member several times and causing fear of serious physical injury. He also allegedly choked her. Martaus was jailed on $500 bail.

Elizabeth Leach, 19, of Le Roy, and Cassandra Majors, 18, of Le Roy, along with a 17-year-old from Stafford and a 16-year-old from Le Roy, are charged with criminal mischief, 4th. The four teenagers are accused of vandalizing park benches on Main Street in Le Roy.

Tyler Ewell, 18, of Le Roy, is charged with unauthorized use of a motor vehicle. Ewell is accused of borrowing a car and not returning it within the "short period of time" he agreed to borrow the car. He was jailed on $250 bail.

Jeffery J. Cervone, 42, of Trumbull Parkway, Batavia, is charged with disorderly conduct. Cervone is accused of making verbal threats toward another person. He was jailed on $750 bail.

Jose Lopez-Torres, 21, of Oak Orchard Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, illegal entry, speeding and unlicensed operation of a vehicle. Lopez-Torres was stopped at 9:21 p.m., Saturday, on Route 98, Batavia, by Sgt. Brian Frieday. Lopez-Torres was handed over to the Border Patrol following his arrest.

Phyllis Arlene Brew, 40, of 6741 Main Road, Stafford, is charged with harassment, 2nd. Brew was arrested following a report of a physical altercation between mother and daughter. Brew was jailed on $500 bail.

John Alfred Jensen, 43, of 5751 Little Canada Road, East Bethany, is charged with criminal possession of a controlled substance, 7th. Jensen was arrested following a report at 7:01 a.m., Saturday, of a man sitting in a car drinking on Federal Drive, Batavia. Upon investigation, he was allegedly found in possession of a controlled substance.

William Floyd Engle, 43, of Sackett Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, refused breath test and unsafe start. Engle was allegedly involved in a motor vehicle accident at 1:08 a.m., Sunday. He is accused of driving his motorcycle while intoxicated.

Brenda Lea Freida, 43, of Munger Road, Holley, is charged with DWI and unlawful parking on a highway. The Sheriff's Office received a report of an unresponsive woman in a vehicle in the parking lot of Batavia Downs at 4:05 p.m., Saturday. Deputies responded with Mercy EMS. Upon investigation, Sgt. Greg Walker concluded that Freida drove her 2000 Jeep to the parking lot in an intoxicated condition and parked in a driving lane. Freida also allegedly refused a chemical test.

William A. Muoio, 39, of Byron, is charged with a felony count of DWI, driving with a BAC of .08 or greater, failure to obey traffic control device, driving while using a mobile phone, and running a red light. Muoio was allegedly observed by Le Roy Police Officer Emily Clark talking on his phone while stopped at a green light. Clark then reportedly observed Muoio drive through a red light.

Kristina Marie Green, 22, of Buffalo Street, Attica, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Green is accused of being involved in a single-car accident on Alexander Road, Alexander, at 3:25 a.m., Saturday.

Robert C. Hinett, 22, of 5682 McPherson Point, Livonia, is charged with DWI, aggravated DWI - driving with a BAC of .18 or greater, and failure to yield right-of-way when entering roadway. Le Roy Sgt. Michael Hare reports that Hinett nearly hit Hare's patrol vehicle at 3:45 a.m., Saturday, when Hinett attempted to pull out in a lane of travel, causing Hare to break abruptly to avoid a collision. Upon investigation, Hinett was allegedly found to have a BAC more than three times the legal limit.

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