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Not even a year into a new program at Le Roy High School that is focused on student success, Jen Bertrand reported to the Board of Trustees on Tuesday night that several students are already showing great improvement both socially and academically.

Bertrand, the Grade 9-12 Intervention Specialist for the district, is working with 52 students in the Student Success Center. Six are seniors, 10 juniors, 22 sophomores, and 14 freshmen.

Successes look like this:

• A student who felt he had no friends and set a goal this year to make at least one friend.  He's joined a club on-campus of kids with a similar gaming interest and is making friends.
• There is another student who felt inhibited but has now part of a school music program.
• There is a student who is motivated to improve his grades because Bertrand arranged for him to meet a favorite rock star via Zoom if he produces a favorable report card.
• And there is the student who at the beginning of the year was too embarrassed to ask for help, too embarrassed to participate in peer tutoring.  Now he's a campus advocate for peer tutoring.

All of the students in the program deal with anxiety or depression and several have been through traumatic experiences.

Bertrand said the success center essentially provides a "life coach" to troubled students, offering support on getting assignments done, helping with developing good work habits, organization, time management, painting social and mental health, ensuring these skills are transferable to other classes and situations.

"We try to capture those magic moments really showing the students they're not alone," Bertrand said.

Bertrand shared, without revealing names, the feedback she's received from her fellow teachers for the board to read.  For example:

• "The work that Jen has been doing with our students in her program is genuinely monumental. I have seen a significant correlation between the students she is working with and an increased amount of work completion, communication, improved classroom behavior, and overall work ethic. For example, one student, in particular, has been working incredibly hard. He is focused in class, participates in discussions, and thoroughly completes his work. While he still has some off days, I am confident that the work he is doing with Jen has made a huge impact."
• “I have noticed many positive changes in the behaviors and attitudes of the students enrolled in the 9-12 Learning Center with Mrs. Bertrand. Most notably, the students interact with me more, ask questions and advocate for themselves. In general, their attitude toward school is much more positive, like they are beginning to believe in themselves. Mrs. Bertrand was made for this position and she works really hard to support our students academically, but with social-emotional health issues.”
• “As a teacher who has some repeat customers, I have seen a significant academic improvement in the students that I had last year that are now in the learning center. Not only has assignment completion improved, but the quality of work has improved as well. When a student puts on an assignment that one of the things they are grateful for is Mrs. B, you can tell they see, and are proud of, the improvement too.”

She also shared anonymous quotes from students:

Before taking on this new role at the school, Bertrand was the tech coach at the high school.  At a board meeting in June, she heard High School Principal Tim McArdle discuss his desire to create an intervention program.  The idea resonated with her.

"I thought, 'I want to do that,' she said. "There was just a light in me to do help these students."

For the fourth time since he entered a guilty plea for defrauding funeral home customers, Michael Tomaszewski today was granted a delay in his sentencing by Genesee County Court Judge Charles Zambito.

Zambito said he granted the delay reluctantly, noting that at Tomaszewski's last court appearance he told him that continuance would be the last one.

Tomaszewski fired his previous attorney, Thomas Burns, and had told the court in October that he was going to hire a specific private attorney.  He did not hire that attorney and, yesterday, Tomaszewski asked for representation by the Public Defenders Office.

First Assistant District Attorney Kevin Finnell, who is also new to the case, called Tomaszewski's failure to retain a new attorney in a timely manner a "delaying tactic."  He asked Zambito to proceed with the sentencing today.

Today, Public Defender Jerry Ader appeared with Tomaszewski and said that doesn't know enough about the case or Tomaszewski to appropriately represent him and requested Zambito give him time to review files he received on a flash drive from Burns.  He said he hadn't opened the flash drive yet and doesn't know what documents might be on it, what might be missing, nor how many documents he needs to review to prepare for sentencing.

"I don’t have an idea right now how much time I need," Ader said. "I don’t know how much information I need."

Zambito noted that Tomaszewski owes a substantial amount of restitution to his victims, holding up a binder at least three inches thick that he indicated contains restitution claims.

In the gallery, there were a couple of dozen victims who came to court expectingTomaszewski to finally be sentenced.

"There are people here who have been here repeatedly, victims who want to address the court," Zambito told Ader. "There have been victims who have passed away. I received a notice earlier this week that a victim had passed away and this matter still isn't settled."

"I don't what his release status is or bail," Ader said. "I don't know if my client has always appeared in court or what his track record is."

He said with the prospect of Tomaszewski owing victims money, locking him in jail would mean Tomaszewski, who is employed, would stop earning money that might help pay restitution.

And that is a complicating factor in preparing for sentencing, Ader said. He didn't think a two-week delay would give him enough time to prepare. 

Some of the victims in the gallery whispered to each their dissatisfaction with the delay as the hearing proceeded.  Outside court, a couple confirmed they were disappointed but also said they understand how the court system works.

"I came in, I figured the same thing would happen," said Harry Tyson. "It's just going to be dragged out. And next time we come, it'd be something different. Dragged out. I guess he's doing his job as a lawyer. But, you know, we'd like to see it ramped up and get it over with."

His wife, Kathy, said, "I heard today that he waived his right to a speedy trial for his benefit. But what about everybody that keeps coming back, coming back? Waiting for something to happen?"

Their family lost $7,000 and have little expectation of being repaid, Kathy Tyson said.

"If people cannot get paid back, then I think he needs to be in jail," she said. "I really do. He can't be out there running around and doing whatever."

Al Kurek said he considered Tomaszewski a friend and was disappointed in him.  Kurek said he lost $2,800.

"I don't know what happened," Kurek said. "He got too big, too fast? No idea why, but I don't think it was drugs. I don't know if it was gambling. Nobody knows. It's just more out of the pocket than in. What can I say?"

The former funeral director entered a guilty plea in April -- a hearing that had also been delayed a couple of times -- to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, was initially arrested in July 2020.  He initially faced more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

Both personally, and through his company, Acme Holdings of New York, Tomaszewski filed for bankruptcy in Federal Court on Feb. 5, 2020. Combined, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

This morning, Zambito wondered if he should revoke Tomaszewski's bail status -- he's released on his own recognizance -- and Ader said he didn't even know enough about the case to represent Tomaszewski on that question.

Zambito said he wanted to make sure Ader had enough time to prepare, he said, because "I'm not going to grant another adjournment."

Ader said there would be "no problem getting the case resolved before the end of the year."

The new sentencing date is Dec. 7 at 10:30 a.m.

Tomaszewski has not missed a court date and when Zambito warned him that if he doesn't appear on Dec. 7, he will be sentenced in his absence. 

"I'll be here, Judge," Tomaszewski said. 

We tried the Facebook comment plug-in and while it achieved the goal of increasing the number of comments on the site, it was also riddled with spam.

So we tried Disqus and many people find it confusing and difficult to use. I had complaints about an inability to login and with my personal account (instead of the moderator's account), I couldn't log in.

So now we're going back to our old, content management system's built-in comment tool.

Doing so does bring back a feature that was popular with frequent commenters when we used it before -- the "latest comments" box on the left side of the page.  

As I said when we switched to Disqus a few weeks ago: 

The rules remain the same:

• You must post using a real name (no business names, no alias).
• No personal attacks.  No name-calling.
• No profanity.
• No comments ridiculing, mocking, or insulting other people because of who they are.
• No misinformation/false information.

We expect community conversations to be productive and respectful.  If you want to spout invective and "alternate facts," that's why Facebook exists (though we also police comments on The Batavian's Facebook page).

A motor vehicle accident with possible injuries is reported at Ellicott Street and Jackson Street, Batavia.

Fluids are leaking.

City Fire and Mercy EMS responding.

UPDATE 3:30 p.m.: No injuries or minor injuries.

Photos and story by Philip Casper.

Spike Cohen, 2020 Libertarian Vice Presidential Candidate, visited The Firing Pin in Bergen to raise money for the Erie County Libertarian Party in an event called “Shoot Guns With Bazookajew”.   Duane Whitmer, Erie County Libertarian Party Chair helped facilitate the event and while there, Spike introduced himself to everyone at the shop and listened while many voiced their concerns about the state of affairs in NY, and the United States as a whole.  Topics ranged from vaccine mandates to gun control, to widespread government overreach.

Cohen stated “We aren’t going to be able to set NY free if we continue to vote for the people that got us in this mess.  Republican, or Democrat.  There is an alternative out there, and this is it. You are the power.”  Whitmer, who recently ran for Erie County Comptroller said “Bringing a pro-second amendment candidate to one of the biggest defenders of the second amendment in the country was a wonderful experience and I’m glad to be a part of it. I’m thankful for the guys at The Firing Pin for all they do.”

Pat Kimball, owner and lead instructor of First Line Defense delivered a safety message before everyone entered the range, and gave brief one on one training sessions to promote safe, and proficient firearm handling.  The libertarian party believes that every person has a right to arm themselves in self-defense.

Pembroke and Indian Falls Fire responded to a car fire on Main Road, Pembroke, in front of Pembroke Fire Hall at 10:23 a.m.

The fire was extinguished quickly.  Corfu Fire was also dispatched and later canceled.

Photos submitted by a reader. 

Quentin Isiah Bloom, 24, of North Spruce Street, Batavia, is charged with criminal obstruction of breathing, unlawful imprisonment 2nd, and false personation. Bloom is accused of getting into an argument at 1:35 a.m., Nov. 3, at a residence on South Lake Avenue, Bergen, and of pushing a person to the ground and getting on top of the victim, which obstructed the victim's breathing.  The victim managed to break free, according to the Sheriff's Office, and Bloom pushed close the door of the apartment they were in, preventing the victim from leaving. A deputy on scene at that time managed to push the door open and separate Bloom from the victim.  Bloom allegedly provided the deputy with a fake name.  He was arraigned and ordered held in jail.

Dominque Sincer Betancourt, 19, of Lincoln Avenue, Rochester, is charged with petit larceny and criminal mischief. Deputies responded to Walmart at 3:14 p.m., Nov. 7 for a report of a larceny. Betancourt is accused of throwing merchandise outside of the store without paying for the merchandise. He was released on an appearance ticket.

Edward Joseph Allen, III, 32, of Pin Tail Crossing, Farmington, is charged with grand larceny 4th, DWI, and driving with a BAC of .08 or greater.  Allen allegedly stole a debit card from another person at 2:22 a.m., Nov. 6, at a residence on Emily Court, Bergen.  Allen is also accused of driving drunk the morning of the larceny incident. He was arrested by Deputy Kenneth Quackenbush and Sgt. Mathew Clor.

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $3.42, up two cents from last week. One year ago, the price was $2.11. The New York State average is $3.56 – up one cent from last week. A year ago, the NYS average was $2.22. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $3.46 (no change from last week)
• Buffalo - $3.47 (no change from last week)
• Ithaca - $3.51 (no change from last week)
• Rochester - $3.52 (no change from last week)
• Rome - $3.56 (up two cents from last week)
• Syracuse - $3.50 (no change from last week)
• Watertown - $3.56 (up one cent since last week)

Local pump prices are holding steady this week. According to the latest data from the Energy Information Administration (EIA), total domestic gasoline stocks are down, and gasoline demand continues to rise, but at a slower pace than in recent weeks. Meanwhile oil prices remain over $80 per barrel though they did dip below that mark last week for the first time in a month. The EIA recently reported that total domestic crude supply increased, which has helped to prevent large increase in pump prices.

From Gas Buddy:

"Last week saw oil prices briefly fall back under $80 for the first time in weeks. While it wasn't enough to provide much relief last week, we should see small declines this week in a majority of the country, thanks to the corresponding drop in wholesale gasoline prices," said Patrick De Haan, head of petroleum analysis for GasBuddy. "At OPEC's monthly meeting last week, the cartel held firm to the small increases they agreed to in July, raising November production by 400,000 barrels per day. With President Biden still mulling over options to help push gas prices down, we could continue to see some volatility in oil prices. I don't immediately see a large decline or surge coming in the run-up to Thanksgiving, but U.S. gasoline demand does remain strong. Levels are currently rivaling September demand, so we know high prices aren't significantly curbing consumption."

The Oakfield-Alabama/Elba Aggies advanced Friday in Section V Class D semifinal competition with a resounding 54-20 win over Cal-Mum/Byron-Bergen.

Gaige Armbrewster gained 161 yards on 14 carries and scored three touchdowns. Noah Currier had four carries for 152 yards and scored twice. He also had a 63-yard interception.

QB Bodie Hyde was 2-for-5 passing for 64 yards, and he rushed for 56 yards on six carries and scored two TDs.  On defense, he had 11 tackles.

Brayden Smith had 17 tackles, CJ Gottler 12 and a fumble recovery.   Ethan Cramer and TJ Andrews had nine tackles each and Kaden Cusmano had eight.  Connor Scott came up with three tackles, an interception and a fumble recovery return for a 35-yard TD.

"It was nice to see our boys get a big win on their home field in a semifinal matchup," said Head Coach Tyler Winter.  "We did a lot of good things tonight, but also need to clean up a few things to be ready for next week.

"We're excited about the win, but we are already thinking about the next game.  Our group is focused and ready for the challenge that next week is going to present."

Photos by Kristin Smith. For more, click here.

Mitch Gonyea wanted to take his mother Sonja to Chipotle Mexican Grill yesterday on its first day of business in Genesee County for her birthday.  Sonja's husband, who provided the photo (taken by the Chipotle manager) and information, said they were super excited about the opening and got there early -- 10 a.m. for a 10:45 a.m. opening.  The manager noticed them outside and figured they were cold so he let them wait inside the restaurant until the official opening, making them the first customers of the new location on Veterans Memorial Drive.  As the first customers, the manager gave them each a T-shirt.

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with endangering the welfare of a child, criminal mischief 4th, criminal obstruction of breathing or blood circulation, unlawful imprisonment 2nd, and menacing 3rd.  Vanskiver was arrested after deputies responded to a report of a disturbance at a residence on Putnam Road, Bethany.  He allegedly obstructed the breathing of a woman and prevented her from calling 9-1-1 in the presence of two children.  He was arraigned in Town of Bethany Court.  His release status was not included in the press release.

Catherine Ann Klinkbeil, 53, of Bank Street, Batavia, is charged with DWI and driving while impaired by drugs.  Kilnkbeil was stopped at 4:32 p.m., Oct. 12, by Deputy Chad Cummings.  She was arrested Oct. 28 by Deputy Chad Cummings, processed at the jail, and released on an appearance ticket.

John William Murphy, 48, of Beaver Meadow Road, Bergen, is charged with criminal contempt 2nd.  Murphy is accused of not surrendering a firearm to authorities in accordance with an order of protection.  Murphy was released on his own recognizance.

The Chamber of Commerce joined Jenny Wall, also the owner of J Dubs Pizzas & Subs, for the grand opening of her newest venture in Alexander: Liberty Liquor.

Photo and information provided by the Chamber of Commerce.

Mark Newton, 53, of Hamburg, is charged with petit larceny. Newton was arrested on a warrant issue in 2014. Newton allegedly accepted a sum of money to complete contracting work and then failed to complete the work and never returned the money.  He was arraigned in City Court and released under supervision of Genesee Justice.

Ray Spencer Lindquist Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd. Saile is accused of being in the residence of a protected party at 1:38 a.m., Oct. 28.  He was released on an appearance ticket.

Thomas Tacito, 61, of Batavia, is charged with failure to appear.  He was arrested on six warrants for failure to appear on multiple charges including criminal contempt, harassment, disorderly conduct, and criminal mischief. He was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Samantha L. Hoy, 30, of Niagara Falls, is charged with DWI.  Hoy was arrested on Oct. 26 after allegedly driving off the road in teh area of 205 Oak St., Batavia. She was issued an appearance ticket.

George J. Budzinack, 41, of Batavia, is charged with criminal mischief 4th. Budzinack is accused of damaging the door of an apartment on Mill Street following a fight. He was released on an appearance ticket.

Cody L. Pahura, 30, of Darien, is charged with Driving with a BAC of .08 or greater. Pahura was stopped by Batavia PD at 1:21 p.m., Oct. 21, on West Main Street, Batavia.  He was arraigned in City Court and released under supervision of Genesee Justice.

Philip Escobar, 32, of Kirvin, Texas, is charged with DWI and failure to submit to a chemical test. Escobar was arrested following a complaint of a man sleeping in a truck that was in the drive-through line at McDonald's at 2:30 a.m., Oct. 24.  He was released on an appearance ticket.

Phoenix Garcia-Sobczak, 30, of Elba, is charged with grand larceny. At 2:12 p.m., Oct. 14, Garcia-Sobczak allegedly took a vehicle from another person without permission. He was issued an appearance ticket.

Antonia Goodson, 31, of Batavia, is charged with petit larceny.  Good was arrested on warrants out of City Court.  He was arraigned and released under supervision of Genesee Justice.

Jason Shaffer, 41, of Perry, is charged with driving while ability impaired by drugs, uninspected motor vehicle, and insufficient turn signal. Shaffer was stopped at 1:05 a.m., Aug. 23, in the City of Batavia.  He was charged following an investigation, arraigned inn City Court, and released on an appearance ticket.

Jillian Antinore, 44, of Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, refusal to take breath test, aggravated unlicensed operation, and following too closely.  Antinore was charged following an investigation into a motor vehicle accident at 4:15 p.m., Oct. 12, on Ellicott Street.  She was issued traffic tickets and released.

Heather Davis, 44, of Batavia, is charged with criminal contempt 2nd.  Davis is accused of violating an order of protection by having contact with the protected person. She was released on an appearance ticket.

Cody A. Bush, 35, of Batavia, is charged with criminal contempt 2nd, criminal possession of a controled substance 7th, burglary 2nd, and resisting arrest. At 3:08 a.m., Oct. 11, Bush was allegedly found in the residence of person he was ordered by a court not to contact. He was arraigned and ordered held without bail.

Jeremy Olsen, 48, of Bergen, is charged with criminal mischief 4th.  Olsen is accused of cutting a tree in a City park on Oct. 16.  He was issued an appearance ticket.

Jesse Lord, 21, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Lord allegedly fled from a bar fight at 10:28 p.m., Oct. 16, in a vehicle and police observed him leaving the scene and stopped his vehicle. He allegedly failed a field sobriety test.  He was processed at the jail and released on traffic tickets. 

Shelby Fryer, 26, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlicensed operation, and no or inoperable headlights. Fryer was stopped at 2:27 a.m., Oct. 17, by Batavia PD and released on appearance tickets.

Aaron Michael Reagan Hatt, 25, no disclosed address in Batavia, is charged with criminal contempt 1st, criminal obstruction of breathing/blood circulation, unlawful imprisonment, resisting arrest, and obstructing governmental administration.   Hatt is accused of applying pressure to a woman's neck during a dispute at 11:59 p.m., Oct. 29, at a location on Federal Drive, Batavia. He allegedly resisted arrest while deputies attempted to place him in custody.  He was jailed on $5,000 bail.

Erica Ann Hanley, 33, of Pratt Road, Batavia, is charged with criminal contempt 2nd.  Hanley is accused of violating an order of protection at 10:26 p.m., Oct. 29.  She was released on an appearance ticket.

A caller at 9644 Putnam Road, Batavia, reports coming out of his house this morning to find an abandoned vehicle stuck in his front yard.

The caller reports who ever drove the vehicle into the yard attempted to get it out but couldn't.  

There is no one around the vehicle now.

A state trooper is dispatched.

A pickup truck into a tree accident is reported in the area of 1031 Ledge Road, near the Totem Pole, Basom.

Unknown injuries.

Alabama Fire and Mercy EMS dispatched.

UPDATE 7:03 p.m.: The vehicle is off the road approximately 30 yards according to a first responder.

UPDATE 7:06 p.m.: There is one patient. The patient is conscious.  The scene commander requests Mercy Flight on ground standby.

UPDATED with additional information from the trial.

An arson and attempted murder case dating back to 2018, beset by numerous delays -- including the 2020 pandemic -- has reached a resolution after a jury trial this week of Plush Dozier, 24.

Dozier was convicted by the jury this afternoon on both counts.

First-degree arson is a Class A-1 felony. Second-degree attempted murder is a Class B felony.  Under New York's penal law, both sentences must run concurrently.

Dozier intentionally set fire on June 15 to the house at 35 Maple St., Batavia, in an attempt to kill a person inside the residence.

First Assistant District Attorney Kevin Finnell, who prosecuted the case, indicated the conviction came on the strength of a confession by Dozier the night of the fire. At the fire scene while fire crews were still battling the blaze, Dozier approached Officer Arick Perkins and admitted to starting the fire. He later made a tape confession that included method and intent. Those details were corroborated through additional investigation and statements by occupants of the home.

During the drive, Lt. Micahel Morris, City Fire, provided testimony that helped secure the conviction.

During deliberations, the jury asked for a replay of the video of Dozier's confession and also asked for a readback of a portion of the testimony of one of the children who was home at the time of the fire.  

Finnell said the jury deliberated for more than two hours before returning a verdict.

Among the delays in the case was a September 2019 mental health evaluation that ended in a determination that Dozier was mentally fit to stand trial.

While in custody, Dozier allegedly damaged the door of a Sheriff's patrol vehicle and menaced an officer.  He also is accused of kicking out a plate glass window at the jail in a separate incident.

For previous coverage, click here.

A rollover accident with a pole and lines down is reported in the area of 5414 Ellicott Street Road.

The vehicle is smoking.

The driver was trapped but a first responder was able to get the door open and the driver was able to self-extricate.  Minor injuries.

Bethany Fire and ambulance responding.

UPDATE 6:54 p.m.: Traffic is partially blocked. Traffic control is requested.  

Photo from yesterday Joanne Meiser.