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Law and Order: 72-year-old Batavia man accused of stalking

By Howard B. Owens

Sidney C. Underhill, 72, of Batavia, is charged with stalking 4th and trespass. Following prior complaints of Underhill showing up and watching at places where the occupant of a residence on Swan Street, Underhill was allegedly located in the backyard of the residence, where he does not reside, without permission. Underhill was arraigned in City Court. An order of protection was issued and he was released on his own recognizance. 

Tevin D. Bloom, 28, of Batavia, is charged with criminal contempt 2nd. Bloom is accused of violating an order of protection by going to a protected party's house. He was issued an appearance ticket.

J'Shon K. Naegely, 25, of Batavia, is charged with false personation. During a welfare check at a residence on Dellinger Avenue at 1:40 a.m., Dec. 15, Naegely allegedly lied to police about his identity. He was issued an appearance ticket.

Michael L. Jackson, 40, of Batavia, is charged with petit larceny. Jackson allegedly stole items from a local business at 9:55 p.m., Dec. 10. He was issued an appearance ticket.

Heather M. Davis, 55, of Lockport, is charged with criminal contempt 2nd. Davis is accused of violating an order of protection by contacting the protected party at 8:39 a.m., Dec. 10. She was issued an appearance ticket.

Jordin M. Schultz, 23, of Batavia, is charged with criminal contempt 2nd. During a probation home check at 11:23 p.m., Dec. 11, Schultz was allegedly found in violation of an order of protection. He was released on an appearance ticket.

Lucas Potrzebowski, 27, of Batavia, is charged with harassment 2nd. Potrzebowski is accused of pushing another person to the ground during a dispute at a local business at 11:30 a.m., Dec. 3.  He was issued an appearance ticket.

Charles A. Tomaszewski, 59, of Batavia, is charged with criminal contempt 2nd. Tomaszewski is accused of violating an order protection by having contact with the protected party at 8:44 p.m., Nov. 15, at a location on Redfield Parkway. He was issued an appearance ticket.

Thomas J. Leonard, 38, of Batavia, is charged with burglary 2nd, criminal mischief 4th, and criminal nuisance 2nd, after he allegedly damaged property and entered a residence on East Main Street, during an argument at 5:14 p.m., Dec. 11. He was arraigned in City Court and ordered held on $5,000 bail, or $10,000 bond, or $20,000 partially secured bond.

Christopher J. Diers, 39, of Batavia, is charged with petit larceny. Diers is accused of stealing items from a store on East Main Street, Batavia, at 9:59 a.m., Dec. 10. He was issued an appearance ticket.

Samantha E. Hosmer, 34, of Medina, is charged with bail jumping 3rd. Hosmer was arrested on a warrant out of City Court and released on her own recognizance.

Kenneth T. Marrocco, 29, of Batavia, is charged with obstructing governmental administration, criminal mischief 4th, and resisting arrest. Marrocco is accused of breaking the glass of a window of a storm door while attempting to force entry into a residence on Montclaire Avenue, Batavia.  When police arrived, Marrocco is accused of resisting arrest and allegedly kicking a Batavia police officer in the face.  He was arraigned in City Court and issued a stay-away order of protection along with an appearance ticket.

Michael J. Hilton, 30, no permanent address, is charged with petit larceny. Hilton is accused of shoplifting from a local business at 5:55 p.m., Dec. 7. He was issued an appearance ticket. He was held in the Genesee County Jail on an unrelated warrant issued by NYS Parole.

Joseph D. Turner, 39, of Albion, was arrested on a bench warrant for alleged failure to appear at 3:30 p.m., Dec. 15 by Albion PD and turned over to Batavia PD. Turner accepted a plea agreement to dispose of the case.

Kay E. Dilker, 31, of Albion, was arrested on a bench warrant for alleged failure to appear at 4:15 p.m., Dec. 14, by Albion PD and turned over to Batavia PD. She was arraigned in City Court and released on her own recognizance.

Jason Patrick Wickson, 40, of Ellicott Street Road, Pavilion, is charged with two counts of endangering the welfare of a child. At 10:21 p.m., Dec. 8, medics were dispatched to a residence in Pavilion on the report of a patient suffering a possible stroke. Upon arrival, Pavilion medics and Mercy EMS personal found Wickson suffering a possible overdose from narcotic use. Wickson is accused of using a narcotic in the presence of two children.  He was transported to UMMC for medical treatment. Once released from care, Wickson turned himself in the Genesee County Jail for processing and was released on an appearance ticket.

Scot J. Hinze, 35, of Batavia, is charged with felony DWI. Hinze was stopped on Dec. 17 by State Police in Alden for alleged failure to keep right. He allegedly failed a field sobriety test and was processed at SP Clearance where he was allegedly found to have a BAC of .16. Hinze was issued an appearance ticket.

Penny L. Mase, 65, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. mase was stopped at 10:31 p.m., Dec. 18, in East Bethany by State Police. She was issued an appearance ticket.

Average gas prices continue decline despite increased demand

By Howard B. Owens

Press release:

Today’s national average price for a gallon of gasoline is $3.31, down two cents from last week. One year ago, the price was $2.22. The New York State average is $3.51, down one cent from last week. A year ago, the NYS average was $2.30. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $3.46 (down one cent from last week)
  • Buffalo - $3.46 (no change from last week)
  • Ithaca - $3.50 (no change from last week)
  • Rochester - $3.51 (no change from last week)
  • Rome - $3.53 (down one cent from last week)
  • Syracuse - $3.47 (down one cent from last week)
  • Watertown - $3.54 (down one cent from last week)

Since Monday, the national average for a gallon of regular gasoline has decreased by two cents to $3.31. According to the Energy Information Administration (EIA), total domestic gasoline stocks are down while demand is on the rise. Typically, growing demand and tight supply would result in rising pump prices, but fluctuations in the price of crude oil have helped to put downward pressure on prices. This morning, oil prices are below $70 per barrel. Gasoline demand will likely increase with holiday travel and then drop in January when we typically see the cheapest prices of the year.

From Gas Buddy:

"For yet another week, average gasoline prices continue to fall as omicron cases surge, leading oil demand, and thus oil prices, to stall. The decline in gas prices will likely continue until new Covid cases slow down," said Patrick De Haan, head of petroleum analysis for GasBuddy. "With gas prices very likely to continue declining this week in most states, we may see Christmas gas prices fall just under their all-time high on the holiday, which was $3.26 in 2013. Beyond Christmas, with omicron cases likely to continue climbing, I do believe we'll see a more noticeable hit on gasoline demand once the holidays are over. There's a rising likelihood that we won't see gas prices rising for the rest of the year- with one caveat- gas prices in the Great Lakes states have plummeted by 30 to 50 cents in some areas, and stations in those areas may raise prices slightly should oil prices slow their decline. Aside from those areas, declines at the pump are likely to continue as we close out 2021."

Accident with minor injuries but entrapment reported on Slusser Road

By Howard B. Owens

A one-vehicle accident is reported in the area of 7989 Slusser Road, East Pembroke.

The car is in a field. The driver reportedly sustained only minor injuries but extrication is required.

East Pembroke Fire on scene and Alabama Fire called to assist.

UPDATE 2:59 p.m.: Crews have managed to get the patient out through the door.  Alabama can stand down and the East Pembroke engine can continue non-emergency.

Video: Wreaths Across America at the WNY National Cemetery

By Howard B. Owens
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Former Batavia resident David Bellavia, a Medal of Honor recipient, was the featured speaker today in a ceremony honoring veterans who have passed away and are buried at the WNY National Cemetery.

The event, Wreaths Across America, took place today at military cemeteries across America.  Friends, family members, and volunteers laid wreaths at the grave sites of the men and women who served this nation.

Photos: Owen Library dedicated at GO Art!

By Howard B. Owens

The Owen Library, a redesigned room containing art books, a white baby grand piano, a fireplace, seating, and table games, was dedicated at GO Art! in Seymour Place in Batavia on Friday night.

The library honors the family of Jim Owen, himself not an artist but from a family of people who pursued the arts in various ways.

"It totally made sense to dedicate this library in memory of the Owen family," said Gregory Hallock, director of Genesee Orleans Arts Council.

Frank Owen, the family patriarch, was a musician, conductor, and music instructor at Batavia High School. His wife, Natalie Walker Owen, was president of the Richmond Memorial Library Board of Trustees.  Kathy Owen, daughter of Frank and Natalie and sister of Jim Owen, was a photographer, and Robert Owen, also a sibling, was an author and actor (as well as, like Jim, an athlete).

"My parents, my sister, and my brother say thank you from heaven and I thank you from earth," said Jim Owen during his remarks.

Gregory Hallock reads a letter from a former typing student of Jim Owen in Hamburg, Gov. Kathy Hochul.

Proclamations were presented by members of the City Council (Eugene Jankowski and Bob Bialkowski) above, as well as the County Legislature (Marianne Clattenburg, John Deleo, and Gary Maha (not pictured) and Assemblyman Steve Hawley (not pictured).

Law and Order: Batavia man accused of choking person, possessing drugs and gun at local hotel

By Howard B. Owens
Tarrence Williams

Tarrence Yuron Williams, 22, of Porter Avenue, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing 3rd.  On Dec. 15, dispatchers received a report of a disturbance at the Quality Inn and Suites, 8250 Park Road, Batavia.  Williams is accused of choking another person at that location. He was taken into custody and allegedly found in possession of a quantity of crack cocaine.  Deputies obtained a search warrant for his room at the hotel and located an allegedly illegal firearm.  Williams was arraigned in Town of Batavia Court and ordered held on bail of $5,000.  Batavia PD and the District Attorney's Office assisted in the investigation.

Sidney Carl Underhill, 72, of Oak Orchard Road, Elba, is charged with disobeying a mandate.  Underhill allegedly violated an order of protection at 10:31 p.m., Dec. 8 at a location on Main Street, Batavia.

Dianna Lynn Sprague, 50, of Vine Street, Batavia, is charged with petit larceny. Sprague is accused of shoplifting from Walmart in Batavia. 

Alexander Rian Toal, 18, of Swamp Road, Byron, is charged with menacing 2nd and acting in a manner injurious to a child less than 17 years old. Toal is accused of placing a person in fear of his life by displaying what appeared to be a firearm and threatening that person while a child under age 17 was present.  He was arraigned in Batavia Town Court and released on his own recognizance.

Stephen G. Ognibene, 64, of Bank Street, Batavia, is charged with criminal contempt 2nd.  Ognibene is accused of violating an order of protection by not surrendering his firearms.  He was issued an appearance ticket.

Grand Jury Report: Woman accused of using scissors to attack another person in Batavia

By Howard B. Owens

Rae C. Cook is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, and assault in the second degree, a Class D violent felony. Cook is accused of using scissors to cause a physical injury to another person on Oct. 2 in the City of Batavia.

Joshua L. Webster is indicted on counts of aggravated criminal contempt, a Class D felony, assault in the third degree, a Class A misdemeanor, and criminal contempt in the second degree, a Class A misdemeanor.  Webster is accused of violating an order of protection by intentionally or recklessly causing physical injury or serious physical injury to a person covered by an order of protection on Sept. 12 in the Town of Le Roy.

Town of Byron to receive USDA funding for a water improvement area

By Howard B. Owens

The U.S. Department of Agriculture announced today that the Town of Byron will receive $924,000 in loan funding and $756,000 in grant funding for their Water Improvement Area #1 project, which will extend public water service to nearly 200 residents throughout the town.

The loan and grant are part of a $70 million project to improve critical rural infrastructure in New York.

With the release of these funds, the USDA is supporting 24 infrastructure projects in the state. 

“When we invest in rural infrastructure, we invest in the livelihoods and health of people in rural America,” said Rural Development Acting NY State Director Brian Murray. “Under the leadership of President Biden and Vice President Harris, USDA is committed to Building a Better America by investing in America’s rural infrastructure, expanding access to broadband, clean drinking water, and resilient power infrastructure. The investments we are announcing today will drive the creation of good-paying union jobs and grow the economy sustainably and equitably so that everyone gets ahead for decades to come.”

Photos: Ugly Sweater Contest at T.F. Brown's to support free Christmas dinner

By Howard B. Owens

JoAnn Hayes was among the T.F. Brown customers to show up Thursday night in an "ugly sweater" with a new toy for a free drink as part of the establishment's annual Ugly Sweater Contest.

The toys will be given out by Santa on Christmas day to children in families who show up for the restaurant's annual free Christmas dinner.

Anybody in the community is welcome to attend with a reservation for either the noon or 1 p.m. meal, which includes a visit for children with Santa and a present.

For community members wishing to attend the dinner, reservations are required. Call Barb at 345-1000. She will need to know how many people are attending and the names and ages of the children who will be there.

Chris White, Dave Cecere, and Susie Ott.

Hornets defeat Trojans 54-38

By Howard B. Owens

Oakfield-Alabama beat Alexander in boys basketball on Wednesday night 54-38.

For the Hornets, 

  • Kam Cusmano, 16 points, 8 rebounds
  • Gaige Armbrewster, 16 points, 5 assists
  • Kaden Cusmano, 12 points, 15 rebounds, 5 assists, 4 steals, 5 blocks

For the Trojans: 

  • Trent Woods, 10 points
  • Braydon Woods, 9 points

Photos by Kristin Smith.  For more, click here.

Also, in girls basketball, Elba beat Wheatland-Chili, 49-36.  Game write-up by Drew Muehlig:

Led by senior Dakota Brinkman, Elba defeated Wheatland-Chili 49-36 Wednesday night in Genesee Region girls basketball. 

The senior baller notched a double-double with 19 points and 10 rebounds to lead the Lady Lancers. 

Elba also got strong performances from freshman Sydney Reilly (11 points, 4 rebounds and 5 assists), senior Adrianna Long (5 points, 8 rebounds and 4 assists) and sophomore Halie Deville (8 points and 6 rebounds). 

Elba (1-2) led 29-13 at the half and led by as many as 19, but held off a valiant comeback effort by the Wildcats in the second half. 

Chyene Whitcomb led Wheatland-Chili with 10 points and 3 steals despite being in foul trouble throughout the game. Thailaih Sainpaulin added three 3-pointers to finish with 9 points and Reghan LaMere added 6 points for Wildcats. 

Batavia's comeback falls short in double OT loss to Athena

By Howard B. Owens
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The Batavia Blue Devils overcame a first-half doldrums that left them trailing Greece Athena 34-21 to score 42 points in the second half, tying the score and sending the game into a double-overtime when Javin McFollins hit a three-pointer as the clock on regulation time expired.

McFollins finished the night with 18 points, hitting five three-pointers, including two in OT.

Carter McFollins also scored 18 points, Tanner Mountain scored 12, and Cam McClinic scored 10.

For Athena, Connor Osier scored 27 points. 

Pembroke Veterans Outreach Club recognized for support of Wreaths Across America

By Howard B. Owens

The Pembroke Veterans Outreach Club was recognized today by the Hiram G. Luhman Post 626 of the American Legion for their efforts to support Wreaths Across America.

The club raised $2,300 for the organization by selling 470 wreaths in support of service at the WNY National Cemetery in Pembroke on Saturday.

At the event, family members of servicemen and women, among others, will be laying wreaths on the graves of veterans and spouses. The event is open to the public and begins at noon (recommended arrival time, 11:30 a.m.) Speakers include David Bellavia, Medal of Honor recipient, Rep. Chris Jacobs, and Assemblyman Stephen Hawley.

Ed Mileham, far right, presented the club with a framed letter of appreciation from the Legion.

Previously: Wreaths Across America comes to Genesee County to honor veterans

 

Le Roy's numeracy coach finds creative ways to get students thinking about numbers

By Howard B. Owens

A rekenrek is a tool to help elementary-age children build a better sense of numbers, Stacie Wilson, the new numeracy coach in Le Roy Central Schools, explained to the Board of Education on Tuesday evening.

Students use it to help them grasp the concept of how numbers work together.

For example, take the number seven, if students are told to arrange the pieces on the rekenrek into groups that ad up into seven, they might move four pieces on one line and three on another, or two and five, or one and six, etc.

There is no wrong answer, said Wilson (top photo), which both helps students see how numbers work together and develop confidence in thinking about numbers.

The rekenrek, similar to an abacus but it is not based on place value columns, is just one tool to help students grasp a better concept of numbers.  

Wilson also uses, for example, a jar filled with items -- changed regularly -- that encourages students to guess how many of those items are in a jar.

"(These things) help students generally understand numbers and how numbers work and connect," Wilson said. "They can place values on things and it weaves into so many connections they will make through the years."

Teachers engage students in math classes in "number talk," Wilson said, so they can better grasp the concepts of numbers. They can develop flexible thinking about numbers, especially through us of the rekenrek where numbers can be combined visually in multiple ways to create new numbers.

"Some students are more resistant to math and they fear the wrong answer," Wilson said.  "This allows all kids into the experience and allows for them to really push their thinking about numbers."

Newly appointed trustee Jason Karcher.

COVID-19 protocols at Le Roy schools working, superintendent tells board

By Howard B. Owens

Le Roy Central Schools will continue to keep doing what it's doing when it comes to COVID-19, Superintendent Merritt Holly told the Board of Education on Tuesday night, because it's been working.

That is, the district will continue to follow the protocols.

Holly said with a total of there are currently 25 more COVID-19 cases in the district this year than last at the same point, when there were 45, but by Dec. 24 last year, there were 81 cases.

The numbers, then, this year are looking pretty good, when you consider that this year, nearly all students are attending school daily and the world is dealing with varients that spread more easily than the version of SARS-CoV-2 that was in the air a year ago.

The data is clear, Holly said: The vaccines work.  Most of the local infections are among the unvaccinated.

The other advantage for the vaccinated is they don't have to follow the same quarantine protocols if they become a close contact to an infected person and are asymptomatic.

The district, he said, with temperature checks, social distancing, masks, quarantines for the unvaccinated who get exposed to the disease, are one of the safest environments for staff and students.

"What we've put in place has allowed us to stay functional and stay in school," Holly said.

 

Batavia man convicted of attempted murder sent to prison for 15 years

By Howard B. Owens
Jacob Sponaugle Devon Wright

Jacob Sponaugle, convicted at jury trial on Nov. 17 of attempted murder, assault in the first degree, and criminal possession of a weapon in the second degree, was sentenced to two 15-year sentences in state prison as well as a 2 1/3 to seven-year sentence.

All sentences, per state sentencing guidelines, will be served concurrently.

Sponaugle will be on parole for five years following his release.

Jenna Bauer, the newest member of the District Attorney's Office, who assisted retired DA Lawrence Friedman at Sponaugle's trial, argued for a maximum sentence before Judge Charles Zambito.

She argued that Sponaugle shot Jason Whitehead over nothing and that such assailants are "the most dangerous type of person." She said Sponaugle has shown no remorse and continues to proclaim his innocence despite that clear evidence that he shot Whitehead.

The trial -- Friedman's final criminal trial before his retirement -- was a rare two-defendant trial but Sponaugle's co-defendant, Devon Wright, entered a guilty plea to attempted possession of a weapon, along with charges from unrelated cases, near the start of the three-day trial.

Wright's attorney indicated Wright sought a deal that would allow him to be out of jail so he could be present at the birth of his first child.  Wright was released under supervision of Genesee Justice pending his sentencing. 

He's been missing and wanted by Batavia PD since Nov. 27.

Semi-truck fire reported on Thruway in Le Roy

By Howard B. Owens

A fully involved tractor-trailer fire is reported on the Thruway in the area of mile marker 384 in the westbound lane.

Le Roy Fire is on scene.

The cargo is unknown at this time. 

Dispatchers received multiple calls about the fire.

UPDATE 12:46 p.m.: Town of Batavia requested to the scene.

UPDATE 12:54 p.m: Batavia and Bergen can go back in service. Fire is knocked down.

Le Roy cross country team honored at board meeting for first sectional title

By Howard B. Owens

The Le Roy HS boys cross country team did something no other cross country team has done in the history of the school this season: won a Section V title.

The team was honored at the start of the Le Roy Central Schools Board of Education meeting on Tuesday.

The team consisted of Erik Schwab, Aiden Soggs, Ian Kepple, James Blake, Cole Friedhaber, Kyle Northrup, and Andrew Greene.

Schwab had a fourth-place finish in the championship race and Soggs finished 8th.

In the girls' race, Charlotte Blake finished second overall, claiming her third sectional patch in the sport. She is one of the most decorated cross country runners in school history.

Erik Schwab, Andrew Greene, Ian Kepple, James Blake, and Charlotte Blake. 

Batavia man admits to rape and sexual abuse in County Court

By Howard B. Owens

A Batavia man with a prior sexual abuse conviction and facing 10 new felony counts involving rape and sexual abuse entered guilty plea felony counts that could lead up to eight years in prison and 15 years of parole.

Jon T. Magliocco, 44, who told Judge Charles Zambito that he had an 11th-grade education, entered guilty pleas to rape in the third degree, a Class E felony, a lesser included offense for criminal sexual act in the first degree, a Class B felony.  He also pled guilty to criminal sexual abuse in the third degree, a Class E felony.

Each count carries a possible sentence of two to four years and the terms could be served consecutively.

Magliocco admitted to having sex with a person without that person's legal consent and to engaging in either oral or anal intercourse without the victims' consent while at location on Mill Street, Batavia, in August 2021.

The possible sentence is the statutory limit available to Melissa Cianfrini, who will have assumed the County Court bench when Magliocco comes back for sentencing at 2:30 p.m. Jan. 20.

Zambito ordered Magliocco, who was already in jail, held without bail pending his sentencing.

Notre Dame, Elba comes down to final shot giving Irish 29-27 win

By Howard B. Owens
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During the first have of the rival match-up between Notre Dame and Elba at Notre Dame, the Lady Lancers looked like a team rebuilding after losing four starters from last season's championship squad.

Elba trailed 17-8.

In the second half, the Lady Irish were outscored 19-12.

It wasn't enough for Elba, though, after Avelin Tomidy hit a game-winning shot with about 15 seconds left in the game.  Elba wasn't able to answer and Notre Dame celebrated a nail-biter of a victory.

Tomidy finished with nine points. Maylee Green lead the Irish with 14 points.

For Elba, Laci Sewar scored 10 points.

O-A beats Pembroke 74-46

By Howard B. Owens

Oakfield-Alabama beat Pembroke 74-46 on Monday night.

For the Hornets:

  • Gaige Armbrester, 19 points, 7 rebounds, 5 assists, 2 blocks
  • Kam Cusmano, 18 points, 7 rebounds
  • Kaden Cusmano, 10 rebounds, 7 assists, 2 blocks

For Pembroke: 

  • Cayden Pfalzer, 19 points
  • Tyson Totten, 14 points

Photos by Kristin Smith.  For more, click here.

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