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Weather: Heat, humidity and poor air quality

By Howard B. Owens

The Weather Channel has issued an extreme heat alert for Genesee County, and the National Weather Service is warning of diminished air quality.

While the reported high temperature is 92 degrees, the heat index is 96. Humidity is 55 percent.

An air quality alert is in effect until 10 p.m.

The AQI (air quality index) exceeds 100 today, according to the weather service.

The higher the AQI the greater the health concern.

From the alert:

WHEN POLLUTION LEVELS ARE ELEVATED... THE NEW YORK STATE DEPARTMENT OF HEALTH RECOMMENDS THAT INDIVIDUALS CONSIDER LIMITING STRENUOUS OUTDOOR PHYSICAL ACTIVITY TO REDUCE THE RISK OF ADVERSE HEALTH EFFECTS. PEOPLE WHO MAY BE ESPECIALLY SENSITIVE TO THE EFFECTS OF ELEVATED LEVELS OF POLLUTANTS INCLUDE THE VERY YOUNG, AND THOSE WITH PRE-EXISTING RESPIRATORY PROBLEMS SUCH AS ASTHMA OR HEART DISEASE. THOSE WITH SYMPTOMS SHOULD CONSIDER CONSULTING THEIR PERSONAL PHYSICIAN.

Police Beat: Second arrest made in alleged credit card theft

By Howard B. Owens

Melissa C. Kent, 18, of 131 State St., Batavia, is charged with criminal possession of stolen property, 4th. Kent is accused of being with Kyle Monroe when he made purchases at a local store using an allegedly stolen credit card. Monroe is accused of stealing a credit card from a car on Gateway Drive on June 14.

Juanita Jackson, 53, of 214 Ellicott St., Batavia, is charged with endangering the welfare of a child. While investigating a report of two children fighting, Officer Kevin DeFelice found that a 9-year-old had allegedly been left to care for a 3-year-old. The 3-year-old was reportedly left alone in the house. Jackson was located and arrested.

Annette C. Eleczko, 50, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Eleczko was stopped at 11:20 p.m., Saturday, on Route 77 in Pembroke by Deputy Patrick Reeves.

Lisa Marie Elmore, 45, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Elmore was stopped at 2:37 a.m., Sunday, on Route 33, Batavia, by Deputy Patrick Reeves.

Jamie Lynn Haseley, 25, of 30th Street, Niagara Falls, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Haseley was stopped at 11:06 p.m. on Harlow Road, Darien, by Deputy Kevin McCarthy.

Cheryl Adele Vagg, 53, of Warsaw, is charged with promoting prison contraband and unlawful possession of marijuana. Vagg was arrested at 3 a.m., Sunday. She was allegedly found to have marijuana in her purse while in Genesee County Jail.

Abram W. Harrison, 21, of Pratt Road, Batavia, is charged with driving while impaired by drugs. Harrison was stopped at 9:57 p.m., Friday, in the Walmart parking lot by Deputy Chad Minuto.

Jarrett Tyler Pietrowski, 21, of Broadway Road, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, improper right turn, failure to keep right. Pietrowski was stopped at 1:40 a.m., Saturday, on Route 20 in Darien by Deputy Patrick Reeves.

Tashara Moore, 28, of Andrews Avenue, Cheektowaga, is charged with petit larceny.  Moore and James Alfred Hicks, 40, of Andrews Avenue, Cheektowaga, were detained by loss prevention officers at Kmart, where they were accused of trying to steal more than $450 in merchandise.

Adam James Robertson, 23, of Pennels Drive, Rochester, is charged with assault, 3rd. Robertson is accused of breaking the arm of another person while attending the Dave Matthews concert at Darien Lake on June 2.

Justin Mathew Forrester, 29, of Evergreen Circle, Fairport, was arrested in Monroe County on a family court warrant and turned over to the Genesee County Sheriff's Office.

Robert J. VanPelt, 33, of Council House Road, Alabama, is charged with vehicular assault, 1st, DWI and driving with a BAC of .18 or greater. VanPelt's arrest stems from an investigation into a motor vehicle accident May 2 at 7605 Sandhill Road.

Gas line broken, fuel spill on Clinton Street, Batavia

By Howard B. Owens

A gas line is broken at the gas station at 16 Clinton St., Batavia.

Fuel is spilling.

City Fire is responding.

UPDATE 7:44 p.m: There's about 30 gallons of gas on the ground. The line has been shut off.

Four arrests and eight citations at Darien Lake's Lynyrd Skynyrd concert

By Howard B. Owens

The following arrests and citations were made in conjunction with the Lynyrd Skynyrd concert July 3 at Darian Lake.

William H. Chapple, 42, of Pine Street, Lockport, is charged with criminal possession of a controlled substance 7th, tampering with physical evidence and unlawful possession of marijuana. Chapple is accused of allegedly possessing a quantity of marijuana and attempting to destroy it. While being processed he was reportedly found to be in possession of a controlled substance.

Lawrence P. Taylor, 37, of Main Street, Depew, is charged with disorderly conduct after allegedly throwing a cup containing alcohol onto another patron.

Dennis M. Moquin, 38, of Buffalo Street, Silver Creek, is charged with harassment, 2nd, after allegedly striking another person in the parking lot after the concert.

Eric J. Ronchi, 18, of Bay Road, Webster, is charged with petit larceny after allegedly stealing hot dogs and firewood from the General Store at Darien Lake.

The following citations were issued for alleged underage drinking:

David E. Bucholz, 18, of Briggs Avenue, Buffalo
Mario V. Tremblay, 19, of Wickman Road, Cattaraugus
Cody E. Sawyer, 19, of Mosher Highway Road, Cattaraugus
Chantelle L. Niemer, 18, of Greenleaf Lane, Cheektowaga
Chelsie L. Suttell, 19, of Penwood Drive, Cheektowaga
Marissa M. Floyd, 18, of Carol Drive, Cheektowaga
Nathan W. Studley, 18, of South Main Street, Cattaraugus
Kyle A. Wittrock, 19, of Stateland Road, Cattaraugus

Dirt bike rider suffers leg injury in accident in Byron

By Howard B. Owens

A 41-year-old dirt bike rider from Rochester was injured Saturday afternoon when he lost control of his bike while riding along abandoned railroad tracks in Byron.

Ernesto Rivera, of Portland Avenue, Rochester, was transported to Strong Memorial Hospital following the 4:14 p.m. accident with a leg injury.

Rivera was reportedly riding along tracks known as the West Shore Tracks when his bike hit a knoll and he was ejected from the bike.

No other vehicles or people were involved in the accident. No citations were issued.

Photos: Area 51 Motocross

By Howard B. Owens

Today was race day at Area 51 Motocross. I thought it would be interesting to head out to the dirt bike track and snap a few photographs.

More pictures after the jump:

Photos: Fireworks at Dwyer

By Howard B. Owens

The Batavia Muckdogs provided the second of two July 4th Weekend fireworks shows after tonight's game.

Note: There is no home game July 4, so don't expect fireworks.

More pictures after the jump:

Muckdogs blanked 4-0 on fireworks night

By Howard B. Owens

There were plenty of fireworks at Dwyer Stadium tonight, unfortunately, they didn't come while any Muckdogs were at the plate.

Four Auburn pitchers shutdown Batavia's offense, as the Doubledays (8-8) picked up a 4-0 win over the home squad in front of more than 1,500 fans.

Starter Justin Edwards, of Guyton, Ga., and making his second swing through Batavia, held the Doubledays to only four hits in 5 2/3 innings, but he also walked three and the lone run he surrendered was enough to tag him with the loss.

Batavia is now 7-9, but trailed first place Jamestown (9-7) by only two games in the Pinckney Division.

The Muckdogs will be out of town for July 4, starting a three-game series against Tri-Cities.

The team returns home July 8 against Connecticut.

More pictures after the jump:

Photos: 5th Annual Ramblefest

By Howard B. Owens

It was a beautiful day in Batavia, a beautiful day for the city's music and art lovers to come together for an afternoon and evening of music, art and games.

More photos after the jump:

Scott Doll Sentence: 15 years to life

By Howard B. Owens

UPDATED at 6:51 p.m. to expand a couple of quotes.

After a lengthy speech about the difficulty of finding a proper sentence for 48-year-old Scott F. Doll, convicted of killing Joseph Benaquist, Judge Robert C. Noonan imposed a 15 years to life sentence on the former corrections officer.

Noonan noted that Doll, who has no prior criminal record, is nearing 50 and that a 25-to-life sentence would probably mean Doll would die an old man in prison. He said he weighed that against the same sentence he might give to a much younger convicted murderer with a lengthy criminal record, and that man would be getting out of prison at age 50.

"I can't justify that in my mind," Noonan said. "Why would I permit a sentence on somebody who was a criminal before the act to look towards freedom in their later years and have somebody who was a 25-year corrections officer be denied parole because of the sentence I impose?"

Doll's attorney, Paul Cambria, said he thought the sentence was appropriate and praised Noonan's deliberative process throughout the trial.

"Judge Noonan displayed a tremendous amount of conscientious thought throughout the case and you can’t ask for more than that from a judge," Cambria said. "It was actually a pleasure trying a case here."

District Attorney Lawrence Friedman said he believes Doll should be spending the rest of his life in prison.

"We’re advocates," Friedman said. "We’ve always believe in our side of the case and the position we take, just as I’m sure the defense does, but the judge as he indicated has a very difficult decision in case like this. I respect that and understand it."

Joe Benaquist's girlfriend, Judy Scott, also made a brief statement after the court hearing: "I wish it was life without parole. That’s what Joe got. It wasn’t enough, but I trust the judge and how he made his decision and how he came to his conclusions -- we honor that, but I wish Joe got the same option."

Judy Scott, Joe's son Michael Benaquist and Joe's sister Joanna Benaquist all made statements prior to sentencing.

Joe's sister broke down crying while reading her statement and a friend finished for her.

"It was a senseless murder -- over a car," Joanna said. "Now I know what other people go through. I‘m not the same person any more. I have so much hate in my heart."

Each of the attorneys also had an opportunity to tell Noonan what they thought was an appropriate sentence.

Friedman asked for the maximum sentence available, 25 years to life.

"He has shown he is worse than those he guarded as a corrections officer, and for what? It was all for money," Friedman said. "He has shown no remorse, no acceptance of responsibility."

Paul Cambria said he still believes Scott Doll is innocent and didn't ask for a specific sentence, but acknowledged that Noonan was bound by the verdict to pronounce a sentence.

"I still have faith in system and faith in the appellate system and I believe the appellate division will right this wrong that has occurred here," Cambria said.

For his part, when it came his turn to speak, a bearded Scott Doll proclaimed his innocence, while lashing out at the newspaper for not printing, according to him, crucial evidence in the case, at the Sheriff's Office for allegedly changing reports, and at the District Attorney, turning to him at one point, and raising his voice, accusing him of manipulating the system to get a conviction.

“I’m sickened of the fact that one person could have control of the outcome of a case like this, who can control a newspaper, who can put out whatever he wants to, who can have the Sheriff’s all change their reports, that to me shouldn’t even be legal,” said Doll.

“I didn’t commit this murder," He added.

“I can’t believe it is all over somebody putting a feather in their cap, to make a name for yourself to beat Mr. Paul Cambria. Well, I hope the feather in your cap is worth my life because I didn’t do this. I hope the newspaper also reports the fact that you could have crucial evidence that I didn’t do this and that there was evidence of somebody else being there."

After court, Cambria reiterated his intention to appeal the conviction and seek a new trial.

"There was a ruling here basically breaking new ground when the judge found a so-called emergency exception to the right to counsel," Cambria said. "It has not ever been in the law previously. It seems to me this is the kind of case where the appellate division would give it a strong look and we're quite confident they're going to reverse it and we will (try the case) again."

For full audio coverage, visit WBTA's story.

Bike-riding fundraiser arrested on sexual abuse charges

By Howard B. Owens

Gary Draper, known throughout the community for his efforts to raise money for the American Diabetes Association while riding his three-wheel bike around Genesee County, will be arraigned this morning on felony sexual abuse charges.

Draper was arrested on a warrant yesterday following a Batavia Police Department investigation.

Det.Todd Crossett stressed this morning that none of Drapers alleged victims were children he met while fundraising. Two of children, between ages 9 and 12, were family members and a third was a family friend.

"We believe he victimizes those he has easy access to," Crossett said.

Draper is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

He is accused of abusing the children between August 2008 and May 2009.

Draper has no prior criminal record.

Since 1995, Draper has been riding a bike around Genesee County and into Wyoming, Orleans and Erie counties, to raise money for the American Diabetes Association. In April, he told The Batavian he had raised more than $110,000.

UPDATE: Draper was arraigned this morning. Since he was just arrested, he initially did not have an attorney. After he was handed a copy of the Grand Jury indictment, he told Judge Robert Noonan that he couldn't read. Noonan immediately assigned Jerry Ader,  from the public defender's office, to represent him. After a recess, Draper entered a not guilty please and bail was set at $25,000.

(initial report)

Today's Deals: Larry's, Alex's, Delavan's, Center Street and more

By Howard B. Owens

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

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.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

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.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Engine fire reported at Genesee County Airport

By Howard B. Owens

An airplane engine is reportedly on fire at the Genesee County Airport.

The plane is on the ground.

Town of Batavia Fire is responding.

It's on the east runway.

UPDATE 9:47 p.m.: Engine 24 to proceed emergency, all other Town of Batavia units, non-emergency. Mercy EMS requested to the scene for victim with burn to his hands.


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Multiple sexual abuse charges filed against Batavia man

By Howard B. Owens

A Town of Batavia resident is accused of sexually abusing children in the City of Batavia.

Gary E. Draper, 57, of 9175 Batavia-Stafford Townline Road, Batavia, is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

Draper was arrested on a warrant following an investigation by Batavia detectives.

He is accused of sexually abusing children from August 2008 and May 2009.

Draper was placed in Genesee County Jail without bail, awaiting arraignment in County Court on Friday.

Oliver's will fly flag that connects home and troops in Afghanistan on July 4

By Howard B. Owens

Bonnie Battaglia and John Quincey of Oliver's Candie's on West Main Street stand in the store with a certificate and flag that flew over Afghanistan.

The flag was presented to Oliver's by Bonnie's nephew, Matthew Graber, who was an Army Ranger in Afghanistan. It was a "thank you" for all the candy Oliver's sent to Graber and his comrades while serving in Afghanistan.

Graber is the son of Gary and Linda Graber of Darien and Shirley and Fred Ingles of Warsaw. He's currently stationed in South Africa.

The flag will fly over Oliver's on Fourth of July weekend.

"We're proud of the troops," Quincey said. "We're proud of what they do, so we're happy to support them."

Unknown odor reported at loading dock of Walmart

By Howard B. Owens

An unknown odor has been reported in the area of the loading dock of Walmart, 4133 Veterans Memorial Drive, Batavia.

The odor has apparently caused some nausea.

Town of Batavia Fire has been dispatched.

Personnel at Walmart declined an ambulance response, but a Town of Batavia chief requested Mercy EMS respond non-emergency.


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Phone troubles for county offices now in its second day

By Howard B. Owens

County government's aging phone system is on the fritz today.

The trouble started yesterday afternoon and may last through the weekend.

Calls to the main county building may not get through while the county's IT personnel and consultants try to figure out exactly what is causing the infrastructure to fail.

The phone problems have caused a few difficulties for emergency dispatchers, but the 9-1-1 system still works.

"We want our citizens to know our 9-1-1 system is still functioning," said County Manager Jay Gsell. "The Sheriff's Office is still out there and still able to take calls."

Getting calls through to other county departments, however, may be more difficult.

Gsell has no idea when the problem will be identified and fixed.

The phone system failure highlights the need for the county to upgrade its system.

On June 23, the County Legislature approved a $241,000 expenditure to replace lines and phone equipment at County Building #2 and other county buildings.

The current system is seven to 10 years old.

"That doesn't seem like a lot of time, but in today's communications environment, that's ancient," Gsell said.

Today's Deals: Matty's, Clor's, Sallome's, Herbly Wonderful and more

By Howard B. Owens

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

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.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Unique specialties for your home and garden, from floral arrangements, to heirloom vegetables, herbs, teas and spices. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10. A great Valentine's gift!

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.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Give yourself the gift of flowers, or give to a friend. We have a $20 gift certificate for $9.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Woman charged with DWI after car destroyed by a train in Byron

By Howard B. Owens

A 26-year-old woman from Le Roy was charged with felony DWI last night after her car was destroyed by a train at the crossing on Caswell Road, Byron.

Jennifer Coombs was reportedly driving her 2002 Mercedes when it got hung up on the tracks.

A train struck and destroyed the car about 10:02 p.m. and Coombs and two passengers allegedly fled the scene.

Coombs was located by Sgt. Greg Walker a short distance from the scene.

She was also charged with unsafe lane change, unsafe tires and felony driving with a BAC of .08 or greater.

(initial report)

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