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Michael T. Martinez is indicted on two counts of criminal possession of a weapon in the third degree, attempted assault in the second degree, assault in the second degree, menacing in the second degree, and two counts of harassment in the second degree. Martinez is accused of possessing a knife and a metal pipe on July 21 with the intent to use it against another person.  He is accused of attempting to cause serious injury to another person. He is accused of causing serious injury to another person. He is accused of having unlawful physical contact with two different people.

Shacerie M. Rivera is indicted on counts of assault in the second degree, criminal possession of a weapon fourth, and obstructing governmental administration.  Rivera is accused of using a knife on July 13 to cause serious injury to another person.  Rivera is also accused of using force to prevent a government agent from performing the agent's lawful duties.

Pamela A. Morrow is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Morrow is accused of driving drunk July 21 on Linwood Road, Le Roy while having a prior DWI conviction within 10 years.

Justice C. Coniglio is indicted on counts of assault in the second degree, resisting arrest, and obstructing governmental administration.  Coniglio is accused of causing physical injury to a police officer while the offer was carrying out official duties.

Jason M. Fitzpatrick is indicted on counts of criminal possession of a weapon in the third degree, criminal mischief in the third degree, obstruction of governmental administration in the second degree, and unlawful fleeing a police officer. Fitzpatrick is accused of possessing a billy club at a location on Fox Road, Oakfield, on May 24, with the intent to use it against another person.  He is accused of damaging crops in a field with a value exceeding $250. He is accused of preventing a police officer from performing official duties and of fleeing from the police officer.

Jarrett C. Coniglio is indicted on counts of aggravated unlicensed operation in the first degree, felony DWI, three counts of forgery in the second degree, and criminal impersonation in the second degree. Coniglio is accused of driving without a license and while drunk on Judge Road, Alabama, on May 7. He is accused of signing the name "Grayson B. Ground" on official government documents in an attempt to conceal his real identity.

Shawn D. Myers is indicted in counts of criminal sexual act in the first degree, of sexual abuse in the third degree, and sexual misconduct. Myers is accused of engaging in anal sexual conduct by forcible compulsion and of sex with another person who was incapable of consent because the person was less than 17 years old.

Michael L. Jackson, Jr., is indicted on counts of burglary in the first degree, strangulation in the second degree, assault in the second degree, unlawful imprisonment, and assault in the third degree. Jackson is accused of entering a dwelling with the intention of committing a crime and causing a physical injury to another person in the dwelling by means of strangulation. 

Alex S. Dumbelton is indicted on counts of aggravated family offense and two counts of criminal contempt in the second degree. Dumbleton is accused of violating court orders.

Melton J. Chisom is indicted on counts of criminal possession of a weapon in the third degree, menacing in the second degree, and assault in the second degree. Chisom is accused of possessing a knife with intent to cause serious physical injury on June 24 in the City of Batavia and did allegedly injury another person.

Robert L. Williams is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and aggravated unlicensed operation.  Williams is accused of driving drunk in the City of Batavia on June 13 while having a prior DWI conviction within 10 years.

Aaron J. McFollins is indicted on counts of grand larceny in the fourth degree, identify theft in the third degree, and petit larceny. McFollins is accused of stealing a Discover card belonging to another person and using to it obtain goods.

Justin P. Porter is indicted on counts of criminal possession of a controlled substance in the third degree, conspiracy in the fourth degree, tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, false personation, and obstructing governmental administration.  Porter is accused of possessing cocaine on April 11 in the Town of Bergen with the intent to sell it.  He is accused of trying to conceal evidence. He is accused of misrepresenting his real name. He is accused of trying to prevent a government official from performing his official duties.

Nicholas M. Maher is indicted on a count of murder in the second degree.  Maher is accused of killing Martin D. Maher on Oct. 15 in the Town of Oakfield.

Roger K. Brinkman is indicted on 52 counts of rape in the first degree and 64 counts of sodomy in the first degree. Brinkman is accused of having sexual intercourse with a person multiple times between July 2020 and June 2021 by forcible compulsion and of engaging in deviate sexual intercourse with another person who was not married to the Brinkman through contact with Brinkman's mouth and the victim's vulva by forcible compulsion on multiple occasions.

A 29-year-old resident of Batavia, and teacher in WNY, has been accused by Federal authorities of producing and distributing child pornography.

Derek Hagen faces from five to 30 years in Federal prison if convicted.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in September 2020, Snapchat sent a cyber tip to the National Center for Missing and Exploited Children (NCMEC) regarding a user that had uploaded images of child pornography to a group chat. After tracing the user to Western New York, NCMEC alerted the New York State Police, who subsequently identified the defendant.

On July 20, investigators confiscated two computers and a cell phone from an apartment Hagen kept in Mount Morris.

A forensic analysis uncovered a pattern of child exploitation activity on the devices with the defendant actively producing and distributing child pornography in online chats.

During the chats, Hagen and the other individuals traded child pornography and discussed specific children that they had sexually abused or wanted to sexually abuse. To date, analysts have allegedly recovered approximately 50,000 images and videos of child pornography on Hagen’s devices.    

The complaint further states that the defendant worked in several teaching, substitute teaching, and child-care positions in the Western District of New York, including at the Brockport Childhood Development Center, the Batavia City School District, the Pembroke Central School District, and most recently with the Dansville Central School District.

Members of the public who have information related to this case are asked to contact Homeland Security Investigations at (716) 464-6070 or hsibuffalotips@ice.dhs.gov.

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and the National Center for Missing and Exploited Children.           

Photos by Philip Casper.

Brandon Rebert won another local 5K today. This time the Turkey Trot in Oakfield, hosted by the Caryville Inn.  He finished with a time of 18:02.

Kim Mills, also a regular winner of local 5Ks, was the top female runner today.

One of the tricky issues for the Le Roy Central School District in navigating protocols during the age of COVID is that neighboring jurisdictions often have different requirements than present in Genesee County, Superintendent Merritt Holly informed the Board of Education on Tuesday.

For example, at the start of the new year, RIT will require every person who comes on campus for any event to show proof of vaccination.  That means every coach and athlete from Le Roy who participates in winter track and field will need to be vaccinated in order to compete in events at RIT, even though Le Roy doesn't have a vaccine requirement.

Any team that wins enough and reaches state championship athletic events will find every participant must be vaccinated to compete.

A memo Holly provided to school board members provides a timeline of shifting rules and guidance as knowledge of the pandemic has evolved and health leaders have sought to provide the best guidance as possible.

That has sometimes created confusion, Holly acknowledged. 

"One piece of thought, again, schools from county to county, interpretations of what this course is, this space, this contact tracing, so on so forth, can be different," Holly said. "Therefore, it can cause issues, equity issues, questions of why. But I think the bottom line is the data should then show are these measures working to keep us in school."

The briefing, Holly said, was to enable board members to get a complete picture of what is going on so they can come to the board's December meeting with any questions they might have at that point.

To read the full memo, click here (pdf).

A two-car motor vehicle accident is reported in the area of 229 West Main St., Batavia.

Possible injuries. A pregnant female is reported as one of the occupants.  Medics requested to the scene for evaluations.

City Fire and Mercy EMS dispatched.

UPDATE 5:13 p.m.: One minor injury, requesting an evaluation.

UPDATE 5:20 p.m.: The vehicles have been moved into a parking lot.

Le Roy High School's Section V champion volleyball team was presented with certificates from the Board of Education at the start of Tuesday's meeting honoring their accomplishment.

Photo submitted by Tim McArdle.

Specialist Four Clarence "C. Jay" Hall, a graduate of Pembroke HS, was mortally wounded in Vietnam on Oct. 7, 1969, while allowing his comrades to achieve cover while under heavy fire.

As a result, he was posthumously awarded the Silver Star.

He was honored in another way on Tuesday when Assemblyman Stephen Hawley and State Senator Ed Rath unveiled a marker commemorating a portion of Route 77 through Pembroke as SP4 C. Jay Hall Memorial Highway.

“The story of ‘C. Jay’ Hall’s sacrifice and bravery in the face of danger encapsulates the selfless spirit of our service members and is one that should be remembered for generations,” said Hawley. “Seeing the sign honoring his sacrifice unveiled today was a proud moment after working for so long to make it a reality, so I want to thank all of the local and state legislative partners I’ve worked with in the last year who helped make it happen for their dedication to getting this bill passed, as well as our local veteran organizations, who were of tremendous assistance in advocating for its creation.”

Rath also praised Hall's service and sacrifice in Vietnam.

"Ronald Reagan said, 'we're forever indebted to those who gave their lives so that we can be free,'" Rath said. "Our debt to C. Jay Hall can never be prepared but our gratitude and respect must last forever and endure the test of time.  Naming and dedicating this roadway will remind all who pas here as free citizens,  the sacrifice that Specialist 4 Clarence Jay Hall paid to guarantee our freedom."

Matthew Moscato, advisor to the Pembroke Veterans Outreach Club, with student Megan Stiles, who came up with the idea of honoring Hall and brought the idea to the Club and did much of the research that brought the project forward to the Legislature and other local leaders.

Celina Andreanna Desinord, 19, of Ridge Road, Rochester, is charged with attempted criminal mischief 4th, aggravated unlicensed operation 2nd, harassment 2nd, and unlicensed operation.  At 12:50 a.m., Nov. 21, Deputy Jacob Gauthier observed a vehicle running in the parking lot of the Crosby's at 5267 Clinton Street Road, Batavia, and the operator asleep in the driver's seat. Upon investigation, the driver was identified as Celina Desinord, who allegedly presented a suspended identification card when asked for a driver's license.  Desinord was placed in the back of a patrol vehicle and her vehicle was searched. A deputy reportedly found suspected narcotics. The substance is being sent to a lab for testing.  The deputy spoke with Desinord. She is accused of spitting on the deputy. While the deputy was completing an appearance ticket, Desinord allegedly kicked the rear passenger window as well as the divider between the front and back seat at least 71 times.  She also allegedly spit several times on the divider and the window.  She was issued an appearance ticket.

Justin L. Pyatt, 33, of Silver Springs, is charged with criminal possession of stolen property 4th and petit larceny.  Pyatt is accused of using a stolen credit card to make purchases in the City of Batavia.  He was issued an appearance ticket.

James Carl Malone, 24, of South Pearl Street, Oakfield, is charged with criminal mischief 4th.  Malone is accused of taking the mobile phone of another person in order to stop that person from calling 9-1-1 during a dispute in an incident reported at 2:19 p.m., Nov. 19.

There are currently more than 1,000 Genesee County residents drawing unemployment, according to data released by the state's Department of Labor today.

There are 28,300 people in the local labor force and of those, 27,200 are employed, making the current unemployment rate for October 3.6 percent.

The same as last month and down from a year ago when it was 4.6 percent.  

A year ago, there were more than 1,300 people drawing unemployment.

The GLOW area unemployment rate is 3.7 percent, down from 4.7 percent a year ago.

The state's unemployment rate is 6 percent, down from 8.3 percent a year ago.

As for the total number of jobs in the county, there are currently 21,300 non-farm jobs, up from 21,200 a year ago.

After 30 years of service to the City of Batavia and its residents, Councilwoman Rose Mary Christian retired Monday with a reception in her honor before the regularly scheduled City Council meeting. 

At the start of the meeting, she was presented with proclamations recognizing her service.

Photos and captions by Mike Pettinella.

Council members Kathleen Briggs and Eugene Jankowski Jr. present a proclamation to Christian, signifying her as an "advocate who had the best interests of the City of Batavia at heart."

Legislature Chair Rochelle Stein is joined by legislators Marianne Clattenburg, John Deleo and Gary Maha as the county honored Rose Mary Christian for her dedicated service. Those in attendance, including two of Christian's daughters and a grandson, chuckled on a few occasions when Stein referred to her as Mary Rose while reading the proclamation. Rose Mary is seated at left with her daughter, Raelene, and Ron Gibble.

Assemblyman Steven Hawley, before reading a proclamation that highlighted Christian's "faithful, conscientious and valuable service to the City of Batavia," compared Christian to former legislator Florence Gioia as someone "who believes in folks" and wanted to do all she could to help her neighbors.

Santa Claus made his annual visit this weekend to Oliver's Candies in Batavia.  There will undoubtedly be many happy children come Christmas morning.

Photos submitted by Oliver's.

Top photo: Aurora Friesema & Lily Harder gave Santa a big hug.

Avery Nelson expressed her wishes to Santa.

Nate, Alana, and Kyle Mlyniec with Mr. and Mrs. Santa Claus.

First Santa visit for four-month-old Emmalynn Staub.

Oliver’s employees: Heather Cole, Renee Chapell, and Elizabeth Rindell.

Julie Heale with her granddaughter Rosalea Heale holding a bunny from WNY Tiny Petting Zoo.

Kennedy Pedraza, age 6, holding a bunny from WNY Tiny Petting Zoo.

Michael Robbins, 61, of Batavia, is charged with criminal possession of a controlled substance 7th. Robbins was allegedly found with an unidentified substance on him during an interaction with police at an incident at 7:20 p.m., Aug. 28. The substance was tested and found to allegedly contain methamphetamine and fentanyl. Robbins was arrested at the Genesee County Jail, where he is being held on other charges, and issued an appearance ticket.

Matthew W. Kurtz, Sr., 52, of Batavia, is charged with criminal mischief 4th, attempted assault 3rd, and harassment 2nd.  Kurtz is accused of shoving another person and throwing an object at that person during a disturbance reported at 7:10 p.m., Nov. 16, at a location on Liberty Street, Batavia.  He was arraigned in City Court and ordered released on his own recognizance. 

Jesslyn F. Bigelow, 24, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving without insurance, driving a vehicle with a suspended registration. Bigelow was stopped at 1:56 a.m., Nov. 13, on Jackson Street, Batavia by a Batavia patrol officer. Bigelow was issued traffic tickets.

Christine Caplis, no age or residence provided, is charged with theft of services. Caplis allegedly failed to pay for services provided by a local restaurant on Ellicott Street, Batavia, at 8 p.m., Nov. 4. She was issued an appearance ticket.

Ziyad Ziyad Alhojaji, 22, of Geraldine Parkway, Rochester, is charged with petit larceny.  Alhojaji is accused of shoplifting from Walmart in Batavia. He was released on an appearance ticket.

Tonya Marie Weber, 37, of Liberty Street, Batavia, is charged with petit larceny. Weber is accused of shoplifting from Five Below on Veterans Memorial Drive in Batavia. Weber was released on an appearance ticket.

Michael R. Mullen, 37, of Oakfield, is charged with 10 counts of sex abuse, 1st (contact with a person less than 11 years old), course of sexual conduct, 2nd, with a child less than 11 years old, and 10 counts of endangering the welfare of a child. Mullen was arrested by State Police on Saturday. He was ordered held in jail. No further information released.

Theresa A. Gillette, 44, of East Rochester, is charged with petit larceny. Gillette is accused of stealing in Bergen in an incident reported at 10:51 p.m., Sept. 14.  She was arrested by State Police and ordered held in jail. No further information released.

Sean M. Harloff, 31, of Farmington, is accused of grand larceny 4th. Harloff was arrested by State Police in connection with an incident reported at 12:53 p.m., July 6. He was ordered held in jail.  No further information released.

Michaela R. Bohn, 22, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Bohn was arrested by State Police in relation to an incident reported at 11:51 p.m., Nov. 10, in the Town of Batavia. She was released to a third party. No further information released.

The Oakfield-Alabama/Elba Aggies advanced toward every team's ultimate goal -- a chance to play for a state championship -- with 28-22 victory over Randolph in the Far West Regionals.

Bodie Hyde was 6-for-12 passing for 184 yards and three touchdowns in the Friday night game in Jamestown. He also had 107 yards rushing on 20 carries.

Gaige Armbrewster had 122 yards on 15 carries.  Noah Currier had a TD reception and a rushing TD, gaining 110 yards on three receptions. Kameron Cusmano had a 44-yard TD reception.  Kaden Cusmano had a 25-yard TD reception.

On Defense, Brayden Smith had 15 tackles and a forced fumble. CG Gottler had nine tackles and a sack. Connor Scott, five tackles, a pass breakup and a fumble recovery.

"This had to be our most impressive win of the season for sure," said Head Coach Tyler Winter. "This was a very physical game and Randolph was a very tough opponent.

"To overcome in the second half the way they did was impressive and admirable.  Winning this game was a byproduct of their ability to take over the LOS (line of scrimmage) battle that we weren't winning in the first half and own it throughout the fourth quarter to finish the game.  Overall, this team is just incredibly excited that they get to keep playing football.  The show goes on!"

Photos by Kristin Smith. For more, click here.

Holland Land Office Museum in Batavia: 20th Annual Wonderland of Trees Gala

Max Pies Furniture recently completed a facade renovation that both modernized the look of the building and kept the store's retro look.

"This is a special day for us here at  Max Pies Furniture today," said Steve Pies. "I personally grew up on the north side of town. This is the Southside of town where I spent a good portion of my adult life. I'm a big fan of the Southside going back to Pellegrino Bakery, the St. Anthony's lawn fete, and Kibbee Park. Huge thanks to VIele Construction, Ronnie and Paul Viele, for making this a reality today. We couldn't be happier with the new look and we kept the old-school sign flair."

After the official ribbon-cutting, retired County Manager Jay Gsell spotted a group of Jackson Primary students across the street and brought the giant Chamber scissors and some red ribbon over for the students to cut (photos below).

A group of parents gathered at Batavia High School last night to drop off shoes with anti-vaccine mandate messages.

Each pair of shoes, they said, represented a child who wouldn't be able to attend school if Assembly Bill 8378 passes.

The bill, introduced by Assemblyman Jeffrey Dinowitz (District 81), would require school-aged children to get vaccinated against COVID-19 in order to attend classes.

Jo Coburn, one of the organizers of the event said whether to get a child vaccinated should be a parental choice, an informed choice, she said.

"Operation Shoe Drop is a statewide silent protest that came about because of Dinowitz's bill mandating COVID vaccine for school-aged children," Coburn said. "It is still an emergency use. It's still not fully tested, and parents should have the right to choose."

When reminded that the Pfizer vaccine is now approved by the FDA, Coburn said, "they're still collecting data." 

Which is true.  It's also true that the VAERS database, operated by the CDC as an "early warning system" about adverse events (all reporters in the database are unverified and should not be used to draw conclusions about any vaccine), collects data on dozens of vaccines, some decades old. The research on vaccines, even ones approved by the FDA, never stops.

Coburn was reminded that the state has long mandated vaccines -- Baby Boomers remember being required to get the polio vaccine -- to attend school and she said, "There were exemptions until 2019. In New York State, there were exemptions for every single vaccine. And New York State is going to be the first state to mandate it for their kids and it should be available just for the children and the parents that want it. But it should be a choice."

According to the NYS Department of Health website, the list of required vaccines to attend public school include Diphtheria, Tetanus, Hepatitis B, Measles, Mumps, Rubella,  Polio, and Chickenpox.  The state still allows for medical exemptions.

A8378 was introduced by Dinowitz on Oct. 20 and referred to the Assembly's health committee and has only two co-sponsors.

According to the CDC, all three COVID-19 vaccines are considered safe and effective.

Press release:

St. Paul Lutheran School is proud to announce the Honor Roll and High Honor Roll for the 1st Marking Period of the 2021-2022 School Year.  The following students have earned the Honor Roll:

Isabella Battaglia, Benjamin Forsyth, Syvonne Holliday, Caleb, Janis, Tomas Schrader, Korina Hodges, Eli Janis, Helen Schofield, Lucy Warren, Lillian McClellan, and Lilah Guarino.

The following students have earned the High Honor Roll:

Emma Clark, Abigail Varland, Mathew Mosher, and Cooper Parker.

Two men from Rochester are being accused of running a check-cashing scam against a Batavia resident and one of them is facing a felony charge as a result.

Brian N. Miles, 25, is charged with attempted forgery 2nd, criminal possession of stolen property 5th, and criminal possession of a controlled substance 7th.

Marcus D. Snow, 23, is charged with conspiracy 5th.

On Monday, the Sheriff's Office received a report of somebody outside the ESL Federal Credit Union trying to solicit people to cash a check for them.  

The scheme worked like this, according to the Sheriff's Office: The suspect asks a citizen to cash a check for them at a local bank under the pretense they do not have identification on them or that they are not a member.  If the citizen agrees to cash the check, the citizen withdraws the deposited funds and the cash is turned over to the scammer. The suspect provides the mark with a small monetary sum for assisting them.  The checks are either fraudulent or stolen and not backed by real U.S. currency.  The citizen loses the money associated with the deposited check once the check bounces.

At the time of his arrest for allegedly executing such a scheme against a Batavia resident, Miles reportedly possessed crack cocaine.

Both suspects were released on appearance tickets since, under current NY law, their offenses do not qualify for a cash bail requirement.