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Alleged credit card larcenist also accused of violating probation

By Howard B. Owens

Kyle Christopher Monroe is facing a charge of grand larceny, 4th, but today he was in Genesee County Court on another matter -- alleged violation of probation.

Monroe, who was accused most recently of taking credit cards from parked cars on Gateway Drive and using them to buy merchandise at stores on Veteran's Memorial Drive, is accused of missing probation appointments and not providing probation with a correct home address.

Of course, the grand larceny charge is also an alleged violation of probation.

Monroe was convicted of possession of stolen property in an unrelated incident and was placed on probation.

In October, 2009, Monroe was found driving an allegedly stolen Caravan. The next month, County Manager Jay Gsell reportedly saw Monroe trying to evade capture after allegedly trying to steal a car.

Apparently Monroe had a pretty recognizable face once a picture of him leaving a local retailer, where he allegedly used stolen credit cards to make a purchase, was posted by The Batavian and WBTA1490.com. Batavia Police reportedly received a number of phone calls identifying Monroe as a suspect.

On the probation charge, bail was set at $10,000. Bail on the grand larceny charge, which is being heard in Batavia City Court, was previously set at $5,000.

Case delayed for man charged with public lewdness

By Howard B. Owens

Justin Amend, that man allegedly caught with his pants down in Farrall park, appeared in Batavia City Court today only to be told to reappear on Aug. 9.

There is no plea offer in the case yet.

Amend, an Oakfield resident, is charged with public lewdness, a Class B misdemeanor, for allegedly engaging in sexual intercourse with Suzanne Corona. Corona still faces adultery and public lewdness charges.

Assistant District Attorney Robert Zickl requested an evaluation of Amend by a counselor before he would make a plea offer.

Zickl has not had a chance to review the evaluation report yet, and he was unavailable for a court appearance today.

Man with 26-year-old ticket finally appears in City Court

By Howard B. Owens

Peter Nasca will finally pay his debt to society.

For 26 years, the Florida resident has been tagged by Batavia City Court as a "scofflaw."

Since 1984, his New York license has been suspended and he's had an unpaid traffic ticket.

That hasn't stopped him from making his living as a truck driver, and even hauling loads through his former home state, but then he didn't know -- he says -- that he was a wanted man.

"All these years, nobody ever caught it," Nasca said after appearing in court. "Even when I do my FBI background check every year, they never caught it."

Apparently, law enforcement in Missouri is a little more on the ball. During a routine inspection of his rig, an officer said, "Oh, by the way, you can't drive in New York."

"What?" was Nasca's jaw-dropping response.

His Florida driver's license allowed him to drive in any state in the union, but New York wanted him to pay his fine, which is $180 for allegedly driving on a revoked driver's license in 1984.

Nasca, a native of Buffalo, was a Tonawanda resident at the time.

(Nasca is spelled like NASCAR, he said, "but without the money.")

Nasca did appear in City Court in 1984 and entered a not guilty plea. He eventually forgot about the charge and figured there was a statue of limitations on it. But there wasn't.

In 1984, Judge Robert Balbick was the prosecuting attorney in City Court, though he doesn't remember if he appeared on the Nasca case. Even so, he had to recuse himself, so Nasca's case was adjourned to Aug. 3, when Judge Michael Delplato can hear the matter.

As for his suspended license, he cleared that up today by filling out some paperwork. He didn't have to pay a fee because in 1984 there was no fee for a "Scoff."

City Court Clerk Linda Giambrone said there are scoff cases on file at City Court going back to the 1970s. They will never be purged and the scofflaws could still be hauled into court.

Biker reportedly injured at Area 51

By Howard B. Owens

A reader provided this mobile phone photo of Mercy Flight at Area 51. A motocross rider reportedly suffered a back injury in an accident this evening.

More information if it becomes available.

Photos: Batavia Downs - Behind the scenes on opening day

By Howard B. Owens

Yesterday, Batavia Downs opened its 64th harness racing season. Officials were kind enough to let me hang out in the stables and take pictures.

Thirty-three more pictures after the jump:

Latina's property manager makes court appearance

By Howard B. Owens

Scratch Tom Lewin off Batavia's "Most Wanted" list.

The man city inspectors believe is responsible for another summer of gull poop and stink around the former Latina's Foodland voluntarily appeared in Batavia City Court yesterday morning with his attorney.

An arrest warrant was issued for Lewin after he failed to appear in court last week. 

On Friday, Amherst PD reportedly went to his house looking for him, but he wasn't home.

Lewin did not enter a plea to the code violation charges against his company, LKLWL Properties, which owns the Ellicott Street building. He is schedule to appear in court again at 10 a.m. on Aug. 20.

Young rape victim searched Facebook to identify alleged attacker

By Howard B. Owens

A 14-year-old girl who was raped in a Corfu parking lot did a bit of her own sleuthing online to help investigators identify her alleged attacker.

The girl, at first too embarrassed to come forward, only knew her alleged attacker's first name. Friends had introduced him and they exchanged some text messages before agreeing to meet.

When they got together in June, 2009, in a Corfu parking lot, the man reportedly served her wine coolers. Then he allegedly forced her to have sex.

Eventually, using Facebook, according to Chief Deputy Jerome Brewster, the girl found the 20-year-old man she believed raped her.

Arrested last week and charged with rape, 1st, rape, 2nd and unlawful dealing with a child was Randy A. Reiss, of 23 Danita Drive, Akron.

Police Beat: Man accused of throwing phone at girlfriend's car

By Howard B. Owens

Wayne P. Fielding, 23, of East Bird Road, Byron, is charged with criminal mischief, 4th. Fielding is accused of throwing his mobile phone at the windshield of his girlfriend's car, causing the windshield to break. Fielding was jailed on $1,000 bail.

Cassandra L. Brunea, 37, of Alexander Road, Alexander, is charged with offering a false instrument for filing. Brunea is accused of signing a statement against a suspect in another case. Some of the information in the statement was allegedly falsified.

Kimberly Melissa Volk, 21, address not released, is charged with petit larceny. Volk is accused of stealing cash on several different occasions while working food stands at Darien Lake.

Donald A. Carney, 50, of Pavilion, is charged with unlawful dealing with a child, 1st. Carney was arrested by State Police at 11:05 p.m., Saturday. No further details were released.

Albert C. Osborne, 24, of Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Osborne was stopped at 11:20 p.m., Friday, by State Police, on Route 77, Darien.

Carl R. Caughill, 20, of Niagara Falls, is charged with DWI, driving with a BAC of .08 and failure to keep right. Caughill was stopped by State Police at 10:30 p.m., Friday, on Route 77, Darien.

Motorcycle hits deer on West Main Street, Batavia, two injured

By Howard B. Owens

A motorcycle has hit a deer in the area of 4003 W. Main St. Road, Batavia.

Two people are reported unconscious.

Mercy EMS and Town of Batavia Fire responding. Mercy Flight is on stand by.

UPDATE 3:00 p.m.: Two Mercy Flight helicopters requested to the scene.

UPDATE 4:37 p.m.: No official word yet on the investigation. Two people were transported by Mercy Flight, and at least one of those helicopters went to Strong Memorial Hospital. An officer said it didn't look like either rider was wearing a state-approved safety helmet (though they were wearing helmets). The injured deer was put down after the accident. More information when it becomes available.

UPDATE: The driver and passenger have been identified: Driver, David L. Patrick, 63, of 21 Birchwood Acres, Perry. Passenger, Nancy L. Patrick, 58. The driver was taken to ECMC and the passenger to Strong. The accident investigation revealed that the deer entered road from the southern shoulder and ran into Nancy, causing David to lose control of the bike.

UPDATE: Both people were taken to Strong. Both are listed in guarded condition. At Strong, "guarded" means the patient is in the intensive care unit.


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Photo: Hay rolls on Clinton Street Road, Stafford

By Howard B. Owens

I spotted the possibility of this hay field with its crop cut and rolled a few days ago, but wanted to go out on a clear morning for a picture. I did that this morning. The location is on Clinton Street Road near Griswold.

Injury accident on Ford Road, Elba

By Howard B. Owens

At least one person was injured in this single-car rollover accident on Ford Road (Route 262) in Elba.

The accident occurred around 7:30 a.m.

The driver, from Buffalo, reportedly told investigators that he was checking his GPS at the time of the accident.

No further details available at this time. This post will be updated when we receive the accident report from the Sheriff's Office.

UPDATE: The driver has been identified as Steven J. Scott, 19, of Ford Road, Elba. He was taken by ground ambulance to Strong Memorial Hospital. He was cited for alleged unsafe moving from lane of travel.

Police Beat: Two more arrests stemming from alleged multi-person fight on Reservation

By Howard B. Owens

Elizabeth R. George, 19, of 587 Council House Road, Tonawanda Indian Reservation, is charged with harassment, 2nd. Mickey Aaron Jacobs, 18, of Poodry Road, Basom, is charged with menacing, 2nd. George and Jacobs were arrested as a result of an ongoing investigation into an alleged incident on the Tonawanda Indian Reservation at 4:14 a.m., July 21. Previously arrested were Cara L. Skye and Stormy Skye. George allegedly punched another person in the face a couple of times. Jacobs allegedly brandished a rifle, which reportedly caused fear in one witness, who was told to "back off" during the argument.

Timothy J. Becker, 45, of 653 Ellicott St., Batavia, is charged with harassment, 2nd. Becker is accused of pushing another person during a domestic incident. The person who was pushed fell down a flight of stairs. Becker was jailed on $1,500 bail.

Michael A. Shelter, 20, of 1050 Lewiston Road, Alabama, is charged with DWI, failure to stop at a stop sign and inadequate exhaust on vehicle. Shelter was stopped at 3:51 a.m., Saturday, on Washington Avenue by Officer Dan Coffey.

Jameson A. Crocker, 23, of 117 Walnut St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe lane change. Crocker was stopped at 2:36 a.m., Sunday, on West Main Street in the city by Officer Mark Lawrence.

Sean P. Flynn, 24, address not provided, is charged with DWI and moving from lane unsafely. Flynn was stopped at 11:29 p.m., Friday, on Route 33, Pembroke, by Deputy Brad Mazur.

Douglas Scott Sprague, 43, of South Pearl Street, Oakfield, is charged with harassment, 2nd. Sprague is accused of punching another person in the back of the head.

Sean N. Lindquist, 48, of Judge Road, Alabama, is charged with DWI and failure to keep right. Lindquist was stopped at 9:24 p.m., Friday, on Ledge Road in Alabama by Deputy Jason Diehl. Further charges possible pending lab results.

Ryan Micael Flatley, 23, of Union Road, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater and making a U-turn at grade. Flatley was found stuck off the road at 12:19 a.m., Saturday, on Tinkham Road in Darien by Sgt. Brian Frieday. Flatley apparently tried to make a U-turn and became stuck.

Name Redacted Upon Request, 18, of Ellicott Street, Batavia, was arrested on a bench warrant stemming from charges of reckless endangerment and harassment, 2nd. xxxx was reportedly spotted in the parking lot of Department of Social Services by a probation officer who knew of the warrant for a failure to pay a fine in Town of Le Roy Court. xxxxxx was detained until Sheriff's deputies arrived. He was jailed on $500 bail.

Melissa Courtney Kent, 18, of State Street, Batavia, is charged with petit larceny. Kent is accused of stealing several items from a car parked near a party on Route 19, Town of Le Roy, over Memorial Day weekend.

Today's Deals: Clor's, Herbly Wonderful, Enchanted Florist, Present Tense and more

By Howard B. Owens

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

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

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

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Get started on your spring gardening projects. We have a $25 gift certificate for $12.50.

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

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for seven weeks of yoga, a $70 value, for $35. Next session starts Aug. 2.

Carlson's Studio, 39 Jackson St., Batavia, NY: Weddings, new babies, family portraits, pet portraits and group events -- preserve those memories with professional photographs. We have a $100 gift card for $50 (+$2 PayPal Service fee).

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

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

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

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts,lunches and dinners to Batavians. We have a $20 gift certificate for $10.

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

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

SOLD OUT

Suspending membership program

By Howard B. Owens

So far too few people have joined the “voluntary subscription” program. I’ve thought a lot about what it will take to get the program to really take off, and what it boils down to is — a lot more work. For the most part, feedback about the program has been positive, but that hasn’t translated to people taking the time to join in the kind of numbers we need to make it profitable. I could get out and actually sell it, or I could try to hire somebody to try and sell it, but either approach means a good deal more work with maybe a coin-flip chance of being successful.

With that in mind, I think my time can be better spent for the sake of The Batavian, our readers and our advertisers, if I don’t work that hard on the membership program and instead worry about producing content for the site and taking care of the needs of our advertisers.

I’m suspending the membership program. Perhaps in a year or two, the time might be better to give it a try again.

If you mailed in a check, I can either mail it back to you or let me tear it up (I’ve not deposited any of the checks yet). If I don’t hear from you, I’ll just tear up the check.

If you paid by PayPal, I’ll refund your money.

BTW: Top Line Shirt Company will still provide free T-shirts to the people who did join. They just need to bring in the voucher we sent to them last week.

After giving a lot of time to this program over the past couple of months, it's not a joy to suspend it, but I also feel a good deal of relief that there will be less of a distraction keeping me away from writing stories, taking pictures and working with advertisers.

New Upstate vs. Downstate battle ground: How prisoners are counted

By Howard B. Owens

Felons can't vote, but they do, it appears, have a tremendous influence on New York State politics.

It turns out, where they live (like in a prison in Upstate New York) has some influence on how legislative districts are proportioned.

Some Downstate interests don't like the fact that NYC criminals housed in Upstate facilities get counted as Upstate residents.

There's a proposal in the State Legislature to change how prisoners are counted for legislative districting purposes.

Newsweek wrote about the issue recently.

Its prospects are good in the Democratic-controlled Assembly, but it may not get through the nearly evenly split State Senate, where seven districts, including those of two Democrats, would need to be redrawn due to insufficient population if they lost their prisoners in redistricting. The state senators from those districts contend that their constituents are absorbing a public need, not just government dollars, because the prisoners exact a toll on the surrounding areas. “Upstate communities accepted prisons for the economic benefit,” says Sen. Joe Griffo, “but there’s also other impacts, both positive and negative. The fire department, police department, and hospitals all have to respond to the prison and the inmates.”

...

Although the New York proposal, like the new law in Maryland, would affect only legislative redistricting, not state funding for social services, Griffo argues that political power always translates into government funding, so prison-heavy districts upstate have a real financial stake in preserving their claim on prisoners in redistricting. A spokesperson for Assemblyman Hakeem Jeffries, who sponsored the redistricting bill, characterizes that thinking as “the upstate prison-industrial complex,” protecting its own interests.

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