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Law and Order: Officers spot marijuana growing on roof of Batavia residence

By Howard B. Owens

Jacob J. Camerera, 26, of Ross Street, Batavia, is charged with unlawful possession of marijuana and unlawfully growing cannabis. Camerera was arrested after police responded to a neighbor illegally burning garbage at 10:03 a.m., Sunday. While Officer Mark Lawrence and Sgt. Daniel Coffey were explaining the violation of the Batavia Municipal Code, they noticed marijuana plants growing on the roof of Camerera's residence. Camerera was issued an appearance ticket and released.

Guy J. Bontrager, 46, of Werner Road, Attica, is charged with trespass. Bontrager allegedly drove an ATV on leased property on Spring Road, Alexander, without permission at 5:48 p.m. Oct. 1 causing inconvenience to deer hunters in the area.

Woodrow C. Horseman, 41, of Porter Avenue, Batavia, is charged with harassment, 2nd, and criminal mischief, 4th. Horseman allegedly pushed another person against a wall and then threw that person's phone in the road when the person tried to call the police. The incident was reported at 3:17 p.m., Thursday.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman was allegedly involved in a domestic incident at 9:50 a.m. Thursday on South Spruce Street, Batavia.

Sy Jesman T. Brown, 32, of Rochester, is charged with criminal impersonation. Brown was arrested by State Police following a traffic stop on the I-490 in Le Roy at 9:15 a.m., Sunday. Also arrested and charged with criminal impersonation, 31-year-old Natassia V. Travis, of Rochester. Karaya D. Cummings, 28, of Rochester, was charged with criminal possession of a controlled substance and aggravated unlicensed operation. All were ordered held on bail. No further details released.

Blessing of the Animals this Saturday at St. James

By Howard B. Owens

St. James Episcopal Church will host a Blessing of the Animals at 10 a.m., Saturday. All pets are welcome.

The event will be held on the church's front lawn. All pets must be leashed or in a cage. If you can't bring your pet, you are encouraged to bring a picture.

Diane Cox wrote this about the event:

A procession of animals, everything from dogs and cats to hamsters and even horses, is led to churches for a special ceremony called the Blessing of Pets. This custom is conducted in remembrance of Saint Francis of Assisi’s love for all creatures.

Francis, whose feast day is celebrated in October loved the larks flying about his hilltop town. He and his early brothers, staying in a small hovel, allowed themselves to be displaced by a donkey.

For single householders, a pet (aka furbaby) can be a true companion. Many people arrive home from work to find their furbaby overjoyed at their return. Many a senior has a lap filled with a purring fellow creature.

Our furbabies are family: we love them, we talk to them, you can purchase health insurance for them, we now have human choices in veterinarian health care, pet therapy; we grieve for when they cross the rainbow bridge, and we can choose for them to be laid to rest with us. 

The bond between person and furbaby is like no other relationship because the communication between fellow creatures is at its most basic. Eye-to-eye, a man and his dog, or a woman and her cat, are two creatures of love.

Accident with unknown injuries and Bergen

By Howard B. Owens

A motor-vehicle accident with unknown injuries is reported at 7762 Clinton Street Road, Bergen. 

Bergen fire and ambulance dispatched. 

GCC men's soccer team hits 10 on win streak

By Howard B. Owens

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Press release:

Despite completing a road contest against No. 4 Herkimer just 18 hours from the previous day, the No. 3 Genesee Community College men's soccer team bested visiting Fulton-Montgomery Community College 7-1 Oct. 8. The win improved the Cougars' record to 10-2-1, while the Raiders dropped to 5-5 on the season.

Charlie Livesey 's penalty kick about 30 minutes into the contest proved to be the game-winner as Livesey would finish the day with a helper as well and a three-point afternoon.

Sam Hall picked up where he left off after scoring the tying goal against the No. 4 Generals in the final minute the night before by also getting the team's first goal against the Raiders to round out the Cougars' first-half scoring.

Hijiri Sano led Genesee in the second half with two of its five goals. Phillip Melo, Ryan Price and Adam Price also added goals; while Matheus Araujo, Leo Anthony and Alejandro Ocampo added assists on the day.

David Ormiston split the contest with Gaurav Cheema in net as the pair combined for five saves.

Genesee out-shot the Raiders 36-7 with 11 Cougar shots finding the net. Genesee also held the edge in corner kicks, 11-1.

The Cougars embark on a three-game road excursion beginning with a contest against Finger Lakes Community College, Oct. 11 at 2 p.m. Genesee continues on with a pair of weekend games with the first coming against North Country Community College Oct. 14 at 3 p.m., followed by a contest at Clinton Community College Oct. 15 at 1 p.m.

Photo: Curtis Kreutter / GCC Athletics

Law and Order: Reports on three DWI arrests released

By Howard B. Owens

Steven Ronald Obara, 24, of Litchfield, Depew, is charged with felony DWI, aggravated unlicensed operation, speeding, no seatbelt and expired vehicle inspection. Obara was stopped at 1:26 a.m. Sunday on Genesee Street, Pembroke, by Deputy Jeremy McClellan.

Joseph P. Radley, 44, of Route 33, Bergen, is charged with DWI, driving with a BAC of .18 or greater, speeding, and obstructed license plate. Radley was stopped at 11:59 p.m. Saturday on Route 33, Bergen, by Deputy Jenna Ferrando.

Clovis A. Phillips, 53, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration, unregistered vehicle, and aggravated unlicensed operation, 2nd. Phillips was stopped at 10:59 p.m. Thursday on West Main Street, Batavia, by Officer Kevin DeFelice.

Samantha Michelle Cook, 24, of Armand Drive, Hilton, is charged with unlawful use of a vehicle, 3rd. Cook is accused of using another person's vehicle without permission.

Phillip P. Heale, 39, of Linwood Avenue, Batavia, is charged with endangering the welfare of a child. Heale was allegedly involved in a domestic dispute where a child under age 17 was present.

David R. Morgan, 48, of Bethany, is charged with unauthorized use of a vehicle. Morgan was arrested by State Police in connection with an incident reported July 5. No further information released.

Leaha R. Wimmer, 24, of Albion, is charged with grand larceny, 4th. The alleged crime was reported at 5:14 p.m. Sept. 19 in Darien. Wimmer was arrested Friday by State Police and ordered held on bail. No further information released.

Landmark Society winners honored at annual dinner Saturday

By Howard B. Owens

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Press release:

The Landmark Society of Genesee County held its annual Preservation Awards and Recognition dinner on Saturday at the Batavia First United Methodist Church.  Three historic churches, three private homeowners, and one business were recognized.

Those in the photo above are, from left: Dave & Noreen Tillotson -- Pavilion homeowners; Dave Bateman-Batavia homeowner; Dorothy Lawrence & Betsy Abramson accepting for Corfu United Presbyterian Church; Dennis Mellander accepting for Le Roy St. Mark’s Episcopal Church; Bob Carlson accepting for East Bethany Presbyterian Church; Jennifer & Dean Eck -- Corfu homeowners, Sarah Farmer & Chris Grocki accepting for Farmer’s Creekside Tavern and Inn in Le Roy.

Two-vehicle accident, one car on its side, on Oak Orchard Road, Elba

By Howard B. Owens

A two-vehicle accident with unknown injuries is reported in the area of 7624 Oak Orchard Road, Elba. That's near Lockport Road. One of the vehicles is on its side.

Elba fire and Mercy EMS dispatched.

UPDATE 8:20 p.m.: Byron's ambulance requested to the scene.

UPDATE 8:28 p.m.: Mercy Flight is landing.

UPDATE 8:57 p.m.: Mercy Flight in route to Strong.

Two-vehicle accident reported on Lewiston Road

By Howard B. Owens

A two-vehicle accident, unknown injuries, is reported in the area of 7624 Lewiston Road, near Batavia Oakfield Townline Road.

Town of Batavia fire and Mercy EMS responding.

City Fire scheduled hydrant flushing for Tuesday, Wednesday and Thursday

By Howard B. Owens

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on: Tuesday, Oct. 10th, from approximately 9 a.m. to 3 p.m. in the general area south of Main Street and east of Jackson Street; on Wednesday and Thursday, Oct. 11th and 12th, in the general area north of Main Street and East of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Cougar volleyball team finishes strong at Bryant Tournament

By Howard B. Owens

Press release:

The Genesee Community College volleyball team out-scored its last two oppositions by a combined 109-108, but could only muster one set win of five that included a 2-1 loss to Broome Community College and a playoff loss to Jefferson Community College at the Cara Bryant Tournament hosted by Onondaga Community College Oct. 6-7.

The Cougars dropped its playoff match to the Cannoneers with the first set going into extra points 24-26 and then dropped a close second set 22-25.

Heading into playoff competition, the Cougars rallied to split with Broome before dropping another close final set 13-15. The Hornets took the first 25-27 before the Cougars came on strong with a convincing 25-15 win.

The four teams Genesee faced over the two-day event entered the tournament with a collective 60-22 record with three of the four appearing in the National Junior Collegiate Athletic Association D-III national polls at some point this season.

Genesee showed marked improvement against Jefferson after facing them the previous day and scoring 20 and 19 points. The Cougars also faced Monroe Oct. 6 with 18- and 17-point performances, respectively.

The team began play against undefeated host Onondaga and came close to taking the first set at 23-25.

Four players led in categories in two matches or more. Sha-Ony Obispa led the team in kills twice, Nao Maeda in assists twice, Tommi Rutherford in digs twice, and Lyndsey Rowland in blocks three times.

GCC's men’s soccer team extends undefeated streak to nine

By Howard B. Owens

Press release:

The No. 3 Genesee Community College men's soccer team rallied twice to keep pace with No. 4 Herkimer in finishing with a 2-2 road tie in extending their unbeaten streak to nine games.

The Cougars then went on to win the post-game penalty kick competition 3-1 for seeding purposes.

Sam Hall converted a Charlie Livesey corner kick with about 20 seconds left in regulation to send the contest into extra sessions. Prior to that Glenn Holmes converted a penalty kick to knot the game at 1-1 after both teams played a scoreless first half.

David Ormiston out-dueled his counterpart in net with a double-digit save performance with 10. In addition, he was again sharper than the Generals' goalkeeper in allowing just one goal in the penalty-kick session.

Holmes and Hall scored again during the penalty kicks with Ryan Price getting the team's third goal. That's all the Cougars would need after Ormiston stopped Herkimer's fourth shooter and made it mathematically impossible for Herkimer to win the penalty kick shootout with both teams having only one shooter remaining.

Both teams finished with four corner kicks.

This was the fourth time this season that the Cougars have faced a team that has appeared in the National Junior Collegiate Athletic Association polls with none of those teams able to beat Genesee. Of the four, Herkimer has appeared highest at No. 2.

Anita Swasey Vachon

By Howard B. Owens

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A Funeral Liturgy for Anita Swasey Vachon will be celebrated at 2:30 p.m. Tuesday, October 10, 2017 at the chapel of GEORGE FUNERAL HOME with Father Emmanuel Andinam as celebrant.  The family will receive friends from starting at 1:00 p.m. until the service time.  Burial will take place at Park Lawn Cemetery in Beinnington, Vermont at a later date.  In lieu of flowers, memorial donations may be made to American Cancer Society or to the Hospice Care of South Carolina.

Mrs. Vachon, 88, of Aiken, passed away on Friday, October 06, 2017.  Born in Batavia, NY, she was a daughter of the late Wilson and Ruth Graves Swasey.  She was a Reading Specialist in the public school system in New York and Pennsylvania.  Mrs. Vachon was a communicant of St. Gerard’s Catholic Church.  She enjoyed traveling, doing volunteer work, reading, cross word puzzles, needle work.  She belonged to a scrabble club, was an antique glass collector and enjoyed spending time at the family cottage in Vermont.

Surviving are her loving husband of 66 years, Bob Vachon of Aiken; daughters, Karen Lanier (James) of Columbus, Ohio, Barb Bukovinsky (David) of Dayton, Ohio and Marty Davis (Brent) of Greenville, SC; a son, Dave Vachon (Raija) of Mt. Pleasant, SC; a sister, Susan Nicholas (Barney) of Rio Rico, Arizon, 11 grandchildren and 6 great-grandchildren.  Mrs. Vachon was preceded in death by a brother, Wilson Swasey.

Expressions of sympathy for the Vachon family may be left online at www.georgefuneralhomes.com

Ten million dollars is a lot better to propel Batavia forward than a set of steak knives

By Howard B. Owens

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Batavia didn't win the steak knives.

Gov. Andrew Cuomo told a crowd gathered at City Centre for the announcement of who won the Finger Lakes region competition for the state's Downtown Revitalization Initiative contest that there would be more than one winner this year, and getting second or third place isn't so bad.

"Now everyone likes to win first place," Cuomo said. "I understand it, you know, first is first. But second place, $8 million is a lot of money. And if it wasn't for the fact that we had offered a $10 million first place, people would have been very, very happy with $8 million because it's a big win. $6 million is a big win. We have a fourth-place winner, which gets a set of steak knives. That's not so great. But second place, $8 million is great, really great."

Batavia didn't get the $8 million, either. Nor the $6 million. Batavia received the grand prize, $10 million.

And when Cuomo announced that, more than 100 community members gathered for the announcement burst into a standing ovation.

Empire State Development Director Howard Zemsky said the award was well deserved.

"You did a great job on your plan," Zemsky told the crowd. "You understand downtown revitalization. You understand all of the components that have worked down through the years from historic preservation, the workforce initiative, the innovation initiative. You know exactly where your future lies."

The next step in the process is for the state to form a steering committee that will decide how to allocate the funds. City Manager Jason Molino said based on what he's seen taking place in other regions, the committee will include local people with a diverse set of backgrounds and interests.

"You're going to see folks that touch on all elements, whether it's arts and culture, whether it's business, whether there is small business or larger business," Molino said. "I think the state will, as they have in all the other regions, get a good cross-section of good decision makers that can really process and can take some of the planning and move forward."

Julie Pacatte, economic development coordinator for Batavia Development Corp., said the goal is to make Downtown Batavia a more livable and vibrant community for residents and business owners.

"The way we believe it should be spent is arts, culture, entertainment and make it a truly livable downtown," Pacatte said. "So, housing, entertainment dining, arts, walkability, all of those things we've talked about for a number of years. They should be able to bring it all together in Downtown."

BDC President Pier Cipollone said the award will also help the agency fulfill its agenda to help small businesses.

"We need to make downtown a destination," Cipollone said. "I'm a big proponent of clustering. We need to get shops, we need to get restaurants, we need to get bars, we need...These things will cause people to come downtown and then walk around and create the foot traffic that all the businesses need."

Molino said the award is a confirmation the city has been on the right track the past few years in trying to turn around the local economic climate.

"The past decade has been an interesting roller coaster for this community," Molino said. "Perseverance comes to mind as to what they've been able to endure and to grow by ... new leaps and bounds. It's a relief to see everyone's hard work come together. We're excited about what this means -- what's the next chapter of the community? What's the next chapter for the city and in our lives?"

In his speech, Cuomo told the story of how his administration has embraced economic development in the state and attempted to turn around decades of economic neglect, from bringing Robert Duffy into the administration to appointing Zemsky as head of ESD.

"For a lot of decades we just ignored it," Cuomo said. "We denied it. Or we didn't care enough about it. And so we said we are actually going to come in and do something about it and turn it around."

But in a way, Cuomo said, Batavia was already ahead of the curve.

"Actually, the first turnaround and recognition was in many ways done in Batavia," Cuomo said. "Johnston Harvester moved out, and that was the big employer back in the '50s. Part of the manufacturing phase-out, right? Buffalo loses steel. And Rochester loses Kodak. And Batavia loses Johnston Harvester. And in the old building, you started a business incubator.

"I don't know if it was called a business incubator there, but the thought was 'We have to change economies. We're no longer manufacturing. We lost this big employer. We have to get to the economy of tomorrow. And it's going to start by bringing in small businesses and feeding them and growing them and helping them incubating them into bigger businesses -- literally in the same building.' That was ahead of its time by 50 years."

The recognition is great for Batavia, Pacatte said.

"I think what we've been doing has been working and it caught the attention of the state government and their ideas seem to be in alignment with where we're at," she said. "It just caught fire. Another ten million dollars really just propels us forward."

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Empire State Development Director​ Howard Zemsky

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The Batavia High School Band and cheerleaders (not pictured) were outside City Hall to welcome the governor to Batavia.

Woman facing 15 charges after allegedly breaking into car, stealing purse

By Howard B. Owens

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A 37-year-old Dellinger Avenue resident is accused of smashing out the car window of a vehicle parked at a business, stealing the purse containing credit cards, debit cards, and checks and then using the items to make purchases at local stores.

Brandi M. Smith is accused of using the cards and checks to obtain goods while portraying herself as the victim.

She is charged with four counts identify theft 1st, four counts of forgery, three counts of identify theft 2nd, three counts of criminal possession of stolen property 4th, and one count of grand larceny 4th.

Smith was arraigned in City Court and released under supervision of Genesee Justice.

Local man who tried to kill somebody in December sent to prison for 15 years

By Howard B. Owens
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Jeremy Armstrong

A 27-year-old Batavia man who shot and tried to kill another local resident got the prison term he bargained for when Judge Charles Zambito sent him to state prison for 15 years today.

Jeremy R. "Boog" Armstrong entered a guilty plea in August to attempted murder and a drug-dealing charge of criminal possession of a controlled substance. The two charges stemmed from separate crimes.

District Attorney Lawerence Friedman said through the process of arresting Armstrong and obtaining a conviction, it never came out why Armstrong tried to kill another man Dec. 2 while on Jackson Street in the City.

"Motive is not an element of the crime," Friedman said. "It wasn’t something we would have known if we tried the case, nor did we need to know."

If he hadn't accepted the plea deal in August, a conviction at trial could have resulted in a 37-year prison term.

The sentence also includes nine years on the drug-dealing conviction.

The sentence was in line with the terms of the plea deal.

Child sex abuser who had previous conviction overturned agrees to plea deal

By Howard B. Owens
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        Sean Vickers

District Attorney Lawrence Friedman thought for sure he was going to have to retry the local case against convicted child molester Sean Vickers after an appeals court overturned four of his jury trial convictions from 2014.

Vickers was back in Genesee County Court today. He was originally scheduled for a hearing on who his trial attorney would be and to clarify whether Vickers would testify before a grand jury presentment on the evidence against him this coming Tuesday.

Instead, Vickers surprised Friedman by agreeing to a plea deal that would cap his potential prison term on the charges to 40 years.

In 2014, Judge Robert C. Noonan handed down a 107-year sentence after Vickers was convicted at trial on similar charges.

The plea deal Vickers accepted today is the same one he turned down before that trial.

Since then, he's been convicted of one count in Genesee County that carried a seven-year prison sentence and of sexual abuse charges in Niagara County that resulted in a 20-year sentence.

This afternoon, Vickers was arraigned on four counts of course of sexual conduct in the first degree. He entered a guilty to plea to two counts in satisfaction of all four charges.

The four charges covered acts against two different victims, and the two counts admitted to were for sexual acts against a child under age 13 in 2001 through 2002 in the City of Batavia.

If the case had been presented to a grand jury, Friedman would have asked the grand jury to return an indictment that included two counts of predatory sexual assault against a child in the first degree, a Class A2 felony, which would have carried a mandatory sentence of 15 to life or 25 to life.

The plea deal means the victims won't have to testify in a second Genesee County trial and the 48-year-old Vickers won't likely get out of prison before the start of the second half of the century.

BREAKING: Gov. Cuomo announces $10 million for revitalization in Downtown Batavia

By Howard B. Owens

The City of Batavia will receive a $10 million award from the State of New York as a regional winner in the 2017 Downtown Revitalization Initiative Contest.

Gov. Andrew Cuomo made the announcement moments ago at City Centre.

Batavia is one of 10 regional winners around the state, beating out other applicants in the Finger Lakes region.

MORE T/K

Sexual predator convicted by jury of charges stemming from jail assaults

By Howard B. Owens

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       Marlek Holmes

A sexual predator already serving 15 years in prison for his crimes against children is looking at possibly serving another seven years for assaulting fellow inmates in the Genesee County Jail and damaging jail property.

It took a jury three hours of deliberation after a three-day trial to find Marlek Holmes guilty on two counts of assault in the second degree and criminal mischief.

The potential sentence for Holmes:

  • Count 1: a determinate sentence of at least five years and as much as seven years on his conviction for a second-degree assault committed in the jail on June 5, 2016.
  • Count 2: a determinate sentence of at least five years and as much as seven years on his conviction for a second-degree assault committed in the jail on Oct. 30, 2016.
  • Count 3: an indeterminate sentence of at least one-and-a-half to three years and as much as two to four years on his conviction for third degree criminal mischief committed in the jail on Oct. 30, 2016.

State sentencing guidelines require the combined sentence for the assault charged be served consecutively to his current 15-year sentence unless the court finds it would be "in the interest of justice" to make the sentence concurrent to the 15-year sentence. The criminal mischief sentence can be either concurrent or consecutive.

Holmes will be sentenced Jan. 2 at 9:30 a.m.

He's scheduled for a third trial on two pending Class D felony charges for allegedly violating the terms of his status as a registered sexual offender. For those charges he would not be considered a second felony offender because they are crimes under Corrections Law, not Penal Law.

Therefore, if convicted in the third trial, he would face an indeterminate sentence of at least one-and-a-third to four years, and as much as two-and-a-third to seven years on each count. Under NYS law, the sentences may run consecutively or concurrently to his other sentences.

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