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Batavia woman proclaims her innocence after meth dealing case dropped by feds

By Howard B. Owens

According to Donna McAuley, for 45 years she managed to live her life without ever getting so much as a traffic ticket, and now she has people drive past her house and yell "crack head."

McAuley was arrested July 13, 2010 and accused of being part of a methamphetamine ring that included a dealer from Le Roy now serving more than 17 years in a federal prison.

McAuley was charged, along with four others, of conspiracy with intent to distribute narcotics. She was facing a maximum sentence of 40 years and a $2 million fine.

A few weeks ago, the charges against McAuley, aka Donna L. Boon, were dismissed.  

The Batavian spent a few weeks trying to get an explanation for the dismissal from the U.S. Attorney's office in Western New York and today we managed to contact Brett Harvey, who was prosecuting the case.

Harvey said he can't discuss the specifics behind the prosecution's motion to dismiss the charges because of the ongoing investigation (two defendants in the alleged ring still face charges), but that the case was dismissed "without prejudice."

That means the federal government could refile charges against McAuley, Harvey said.

"We dropped complaint, but have we have leave to pursue additional charges if circumstances warrant," Harvey said.

McAuley's Rochester-based attorney said he doesn't think that's going to happen.

"Donna McAuley's life has been in turmoil for more than a year, including the execution of a search warrant of her home," Robert Napier said. "In the end, the government concluded it does not have sufficient legal basis in which to pursue an indictment before a grand jury. 

"My conclusion," Napier added, "is that the government did not have enough evidence to pursue any charges against Ms. Boon."

According to Napier and McAuley, no drugs were found in her home at Batavia-Oakfield Townline Road when it was searched as part of an early morning raid by local and federal law enforcement on July 13, 2010.

That day, local law enforcement and the DEA and FBI along with Bill Hochul, the U.S. Attorney for Western New York, held a press conference attended by region-wide media. They announced the arrests of McAuley along with Donald G. Vanelli, 47, of 8394 Lake St., Le Roy; David H. Cohen, 49, of 918 Goodman St., Rochester; Andrew W. Chapman, 40, of 5 Cedar St., Batavia; and Kerry A. Ball, 51, of 7202 Meadville Road, Basom.

Vanelli eventually entered a guilty plea. The former Road Agents motorcycle club president admitted to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

He was sentenced to 17 1/2 years in federal prison.

The charges against two of the three other defendants are still pending (at time of posting, we didn't have details on which two).

McAuley has admittedly mixed feelings about media coverage of her case being dismissed.

She feels vindicated -- she is adamant that she was not involved in any meth dealing and was not criminally associated with Vanelli, whom she characterized as a friend of 15 years.

She would also just like the case to go away, get her life back and not draw further public attention to her name.

And her name has drawn some attention.

It's been part of media reports every time Vanelli's case has made it through the federal court system.

It came up again when her husband, 62-year-old James Henry McAuley Jr. (aka "Mitch") was charged in a racketeering case stemming from the baseball-bat beating of a man in Rochester more than five years ago and an alleged plot to murder members of a potential rival motorcycle gang.

According to federal authorities, Mitch McAuley, who is currently confined to Elkton Federal Corrections Facility in Elkton, Ohio, on other charges, is vice president of the Rochester Hells Angels.

Donna McAuley said that even with her ties to Mitch McAuley and Donald Vanelli, she herself has never been involved in criminal activity. She has held down respectable, professional jobs for most of her adult life, she said, and she came to Genesee County 15 years ago to establish a reputation for herself as a good citizen.

The case against McAuley was apparently based entirely on wiretaps that recorded conversations between her and Vanelli. FBI agents claimed McAuley and Vanelli used a coded language to arrange for meetings to exchange drugs and/or cash. For example, there was one time when Vanelli, supposedly out of meth to sell, received a call from  McAuley.

According to the transcript, McAuley said, "I, um, what did I want last night, oh geez, I don't know, oh my friggin', I, can you stop by today and check my lawn mower? This mornin'?"

Agents took that to mean that McAuley had acquired a supply of meth.

Vanelli allegedly went to McAuley's house later that morning and when returned to his own home in Le Roy, allegedly arranged for a customer to make a buy.

McAuley said her contact and conversations with Vanelli were never about drugs. There was no coded language. Vanelli was just a longtime friend.

Robert Napier said his client is "an innocent, hard-working professional."

Bear spotted in Ham Road area of Alabama

By Howard B. Owens

A bear was spotted in the area of Ham and Knowlesville roads, Alabama, this afternoon.

The reader who saw it didn't have a camera at the moment, but is keeping an eye out in case a photo opportunity presents itself.

Knife incident leads to multiple charges against Ellicott Street resident

By Howard B. Owens

A 39-year-old Ellicott Street resident is in jail following an alleged domestic incident during the early morning hours in which a victim reportedly received cuts to his hand.

Taken into custody was Andrew A. Crimes, of 334 Ellicott St..

The name of the victim, who was transported by Mercy EMS to UMMC, has not been released.

The alleged incident occurred near the intersection of Ellicott Street and Goade Park at 12:21 a.m.

Crimes was charged with assault, 3rd, menacing, 2nd, endangering the welfare of a child, criminal obstruction of breathing or blood circulation and harassment, 2nd.

Following arraignment in Batavia City Court, Crimes was jailed on $5,000 bail.

(initial report)

Police Beat: Alleged drunken driver accused of crashing gate at federal detention center

By Howard B. Owens

Frank Nichols Vitagliano, 28, of Luther Road, Silver Springs, is charged with a felony count of DWI, refusal to take a breath test and consumption of alcohol in a motor vehicle. Vitagliano allegedly drove past officers at the front gate of the Buffalo Federal Detention Center on Federal Drive and entered the parking lot. Vitagliano's vehicle was stopped and detained by several detention center officers. Vitagliano was jailed on $1,500 bail.

Randy L. Sanfratello, 41, of 3322 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of failure to appear in Batavia City Court and was arrested on a warrant.

Rebecca L. Santiago, 25, of 5955 Main Road, Stafford, is charged with aggravated unlicensed operation. Santiago is accused of failure to appear in Batavia City Court and was arrested on a warrant. She was jailed on $250 bail.

Brandon M. Maldonado, 22, of 35 Maple St., lower, Batavia, is charged with criminal trespass, 2nd. Maldonado was arrested on a bench warrant related to his criminal trespass, 2nd, charge out of Batavia City Court. Maldonado allegedly violated probation and failed to report to Genesee County Jail on June 25 as directed by the court. Maldonado had been sentenced to intermittent jail time. Maldonado was released after posting $500 bail.

Matthew R. Hernandez, 18, of 129 State St., Batavia, is charged with menacing, 2nd, and endangering the welfare of a child. Hernandez is accused of displaying a knife in a threatening manner toward a young child during an alleged incident at 7 p.m., Friday.

Mark Laney, 31, of S. Pearl Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Laney was reportedly observed operating an ATV at 9:46 p.m., Saturday, in a parking lot at 49 S. Pearl St., Oakfield. Upon investigation by Deputy Howard Carlson, Laney was found to allegedly be driving drunk.

Amanda Le Carlacci, 20, of East Eden Road, Eden, is charged with possession/consumption of alcohol by a person under age 21. Carlacci was cited during an investigation at 10:20 p.m., Saturday, into a report of an underage drinking party at 710 Broadway Road, Darien.

Amber Marie Williams, 20, Broadway Road, Darien, is charged with possession/consumption of alcohol by a person under age 21. Williams was cited during an investigation at 10:20 p.m., Saturday, into a report of an underage drinking party at 710 Broadway Road, Darien.

Anibal Rodriguez, 55, Brayton Street, Buffalo, is charged with forcible touching. Rodriguez is accused of grabbing the intimate parts of a woman while at Darien Lake. Rodriguez was jailed on $500 bail.

A 17-year-old of Dean Road, Depew, is charged with petit larceny. The youth is accused of stealing a carton of Marlboro cigarettes valued at $59.50 from the Arrowhawk Smoke Shop on the Tonawanda Indian Reservation.

Xbox and game stolen from residence on Maple Street

By Howard B. Owens

Call of Duty II is one of the hottest video games on the market, and at least one person in Batavia has a copy that doesn't belong to him.

The game, a version known as Modern Warfare II, was stolen from a residence on Maple Street within the past week, along with an Xbox console and a controller.

The residents were out of town from the July 12 thru 18, returning home early this morning to find that their house had been broken into and the Xbox, controller and game all missing.

Nothing else was touched.

"Sometimes when a report like this appears in the press, a parent or somebody is alerted and they notice a child has something that they can't explain where or how they got it," Det. Pat Corona said.

To reach Corona with any tips, call (585) 345-6373.

Full tank of gas reportedly leaks at Kwik Fill on Jackson and Ellicott

By Howard B. Owens

A full tank of gas has reportedly leaked from a vehicle at the Kwik Fill, corner of Jackson Street and Ellicott Street.

The car is reportedly parked next to the gas pumps.

City fire is responding.

UPDATE 4:07 p.m.: Only about a quart of fuel spilled. It's cleaned up. Ladder 15 staying on scene until AAA tow arrives.

Smoke reported behind house on Bank Street

By Howard B. Owens

A caller on Tracy Avenue reported smoke behind a house on Bank Street and City Fire has responded to investigation.

It was possibly an unintended fire, such as a controlled burn.

The address originally reported was 154 Bank St.. A first responder reports the fire is behind 148 Bank St.

UPDATE 4:03 p.m.: Fire's out. City Fire back in service.


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Photos: 2011 Oatka Parade and Festival

By Howard B. Owens

It was a beautiful day for a parade and festival in Le Roy on Saturday, and the entire parade route was jammed with people and the festival grounds were grounded.

Those who attended were treated to some real community spirit, great music, fantastic food and lots of fun.

UPDATE: I'm experimenting with an application that allows me to publish slide shows of photos. I'm hoping it will both be easier than my current message and improve the viewing experience. Below, you should see what looks like a video player. You can click through the photos individually, or on the lower right there's a button to open the slide show in full-screen mode, allowing you can see larger versions of the photos (which is part of my goal). I'm curious how this works for people.

House fire reported on Boyd Road, Pavilion

By Howard B. Owens

Callers reported seeing smoke in the area of 7450 Boyd Road, Covington, and Pavilion chiefs responded to investigate. Upon approach, they spotted a large column of smoke and an orange glow. Once on scene, the first chief confirmed it is a fully involved garage fire.

The fire has spread to the house.

Besides Pavilion, Alexander, Le Roy and Stafford are responding along with the City of Batavia Fast Team. Mutual aid is also requested from departments in Wyoming County.

UPDATE 12:22 a.m.: City of Batavia's Fourth Platoon requested to stand by at the fire hall.

UPDATE 12:44 a.m.: The fire is pretty much knocked down. Crews checking for extensions and interior firefighters preparing to enter. It is believed all occupants are out.

UPDATE 12:50 a.m.: Red Cross requested to the scene to assist two adults.


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Meeting in DC on farm labor issues may lead to promising results, says participants

By Howard B. Owens

Genesee County's farms are facing some of the same difficulties hitting farmers across the nation -- a combination of increased use of E-verify, bureaucratic difficulties with H-2A visas, a dwindling supply of immigrant labor and few U.S. citizens willing to do the work, making it difficult to bring crops in on time.

The confluence of events led to an unusual meeting in Washington, D.C., this past week, organized for Rep. Lois Slaughter (D-Fairport), with participation from Rep. Kathy Hochul and one of Genesee County's farmers, Maureen Torrey.

Torrey, owner of Torrey Farms, said the meeting was the first time high-level representatives of the U.S. Department of Labor, congressional representatives and famers have been able to sit down and discuss immigration issues.

The meeting lasted longer than planned, going two hours.

"Some of the old-timers there were surprised at some of the responses that we got," Torrey said. "We do think maybe there might be some improvement."

Hochul also said the meeting was productive and a unique opportunity to bring together two sides -- the DOL and farmers -- who are historically adversarial. 

"There is so much bureaucratic red tape it that it becomes a challenge for the farmers to get the workers they need," Hochul said. "These are people who are playing by the rules and they deserve all the help they can get from the government."

Torrey said the way the H-2A visa program is handled can really jeopardize the ability of farmers to harvest crops at the right time.

For example, she said, apples need to be picked on just the right day and pickers need to be experienced at recognizing the right color and firmness to pick apples at the right time, as well as be able to handle them properly to avoid damaging the fruit.

U.S. citizens, Torrey said, typically don't want the jobs and they lack the experience and training necessary to do the job properly.

Farmers want to be able bring back the same workers year after year to ensure they have the best labor force.

H-2A visas can be held up for a variety of reasons -- mistakes in the multiple pages of paperwork, a barely missed deadline, or a bureaucrat snafu can delay approval past harvest time.

Torrey said that a farmer might submit a batch of applications, have one disapproved and then face getting the entire batch rejected if she appeals just the one disapproval.

Hochul said the situation is just unacceptable.

"Some of the fields can’t be brought to market in time because they don't have enough popele to harvest the crops," Hochul said.

While the H-2A program requires that farmers first seek qualified labor among U.S. citizens, Torrey said few American ever respond to the required job listings.

In states such as Georgia, Florida and Alabama, where state legislatures have mandated use of a program called E-verify to check the legal status of workers, crops have been left to rot in the fields because there's been no workers available.

Torrey said even the DOL admits there are only about 50,000 qualified legal agricultural workers in the United States, but the annual demand is for 900,000 to one million workers.

Torrey said even Darien Lake Theme Park has trouble filling all of its season worker positions with citizen workers. The park hires about 300 foreign students  on J-1 visas.

"If Darien Lake needs 300 people on J-1 visas, it just shows you there are not enough people to take these jobs," Torrey said. "And that's fun work compared to working in a field."

Until there is a sustainable guest worker program, Torrey said, farmers are going to struggle to fill positions at harvest time.

A guest worker program has been under negotiation for 16 years, Torrey said, and while it wasn't the topic of the meeting organized by Slaughter, Torrey did attend a meeting on the subject while in D.C.

Meanwhile, according to a recent story in  The New York Times, the immigrant labor pool from Mexico is drying up. As economic and educational opportunities improve in Mexico, and the Baby Boom population that fueled the big illegal immigration moves in previous decades is getting older, there are fewer workers willing to take the risk of coming to America for work.

It's all of these forces pushing down the labor pool that made the meetings in Washington so important, Torrey said, and why she's glad they seemed so productive.

"It was really positive," Torrey said. "It is not only going to help Genesee County, but it's going to help farmers all across the country who are having the same issues, so our peers were really happy these meetings took place."

Photos: Genesee Country Farmers' Market, Batavia Downs

By Howard B. Owens

We've come into that part of the season where there is an abundance of fresh fruits and vegetables at the local farmers markets. Yesterday afternoon, I stopped by the Genesee Country Farmers' Market at Batavia Downs and took a few pictures.

The market is open Tuesdays and Fridays.

Photo: Moon over Mercy Flight

By Howard B. Owens

While out at the Genesee County Airport tonight, I noticed the beautiful full moon right after a Mercy Flight helicopter landed.

Police Beat: Stafford man accused of driving while on drugs

By Howard B. Owens

Mark D. Tooley, 28, of Main Road, Stafford, is charged with a felony count of DWAI-Drugs, felony aggravated unlicensed operation and criminal possession of a controlled substance, 7th. At 2:28 p.m., the Sheriff's Office received a report of a red Dodge Caravan being driven erratically on Westbound Route 33, Bergen. The vehicle was located driving on Route 33 in Stafford and observed crossing a double solid center line and weaving within its own lane. The car was stopped and Tooley was charged with the offenses listed above along with criminal impersonation, 2nd, for allegedly giving a false name and date of birth to a deputy and driving left of pavement markings. Tooley was was jailed on $25,000 bail.

Steven Keith Snyder, 46, of Westside Drive, Chili, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed and refusal to submit to breath test. Snyder was arrested during an investigation into a property damage accident reported at 12:02 a.m. Thursday on Walker Road, Darien, by Sgt. Brian Frieday.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with petit larceny. Lockhart is accused of shoplifting from Kmart on June 21, but he could not be apprehended that day. He is accused of stealing $54.23 in merchandise. Lockhart was jailed on $1,000 bail.

Photos: Veterans' Memorial Garden dedication in Elba

By Howard B. Owens

Assemblyman Steve Hawley, Elba and Genesee County officials along with a group of veterans and residents were on hand at the Maplelawn Cemetery in Elba this evening to dedicate a new Veterans' Memorial Garden.

Photo: Fender bender at Main and Center

By Howard B. Owens

About five minutes ago, there was a minor three-car accident on East Main Street at Center Street. No injuries. City Fire Department called to deal with an antifreeze leak. City police on scene to take a report.

Police Beat: Driver charged with DWI in connection with accident in February

By Howard B. Owens

Jody Blaine Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI, aggravated DWI and moving from lane unsafely. Following a lengthy investigation into an accident on Clinton Street Road, Batavia, on Feb. 23, Gillett was accused of driving while intoxicated.

Douglas Paul Cornelius, 32, of Pratt Road, Pembroke, is charged with petit larceny. Cornelius is accused of stealing woodworking equipment from a location on Pratt Road, Pembroke. 

Tyler P. Schroeder, 19, of Lewiston Road, Batavia, is charged with petit larceny. Schroeder is accused of stealing $700 from a residence in Elba on June 3. Schroeder was arraigned in Oakfield because no Elba town justice was available and remanded to Genesee Jail on $3,000 bail.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with unlawful possession of marijuana. Lockhart is accused of trying to hand off marijuana he had in his pocket to a girlfriend while in Town of Batavia Court on an unrelated criminal charge.

William Andrew Johnson, 23, of Alexander Street, Rochester, is charged with unlawful possession of marijuana. Johnson was allegedly found in possession of marijuana during a traffic stop at 8:43 p.m., Tuesday, on Route 77, Corfu, by Deputy Patrick Reeves.

John Jeffery McCombs, 23, of Oxford Street, Rochester, is charged with unlawful possession of marijuana. McCombs was a passenger in a vehicle stopped for alleged traffic violations at 8:43 p.m., Tuesday, on Route 77, Corfu, when he was allegedly found in possession of marijuana by Deputy Patrick Reeves.

Nathaniel Michael Dickens, 18, of Broadway Street, Oakfield, is charged with harassment, 2nd. Dickens is accused of striking another person during an incident on July 7.

Deborah A. Schramm, 30, of East Main Street, Batavia, and Michael R. Schramm, 35, of East Main Street, Batavia, are charged with petit larceny. Deborah and Michael are accused of shoplifting at Walmart.

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