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No appeal planned after DWI charge dismissed when DA's office didn't comply with discovery rules

By Howard B. Owens

The District Attorney's Office will not appeal the dismissal of a DWI charge against a Bethany resident over a procedural error by prosecutors, Assistant District Attorney William Zickl says.

The case was dismissed on appeal by County Court Judge Melissa Lightcap Cianfrini, upholding an earlier ruling by City Court Judge Durin R. Rogers that a defendant's right to a speedy trial was violated because of the procedural error.

Zickl told The Batavian in a statement that filing an appeal would require the DA's office to convince judges at the appellate level that a question of law -- not facts -- was in dispute.  A state appeals court taking on such a case is rare and far from automatic, Zickl said, so the DA's office would need to make a compelling case that the law was improperly applied in dismissing the charge.

"I believe there is a substantial threshold issue presented in this case regarding whether such a pure question of law exists to allow the Court of Appeals to entertain the matter," Zickl said. "Based upon the foregoing procedural backdrop and the fact that this decision will not have broad application due to its highly unusual fact pattern, we have decided not to attempt to gain leave to appeal the decision of the County Court to the Court of Appeals."

Rogers dismissed the case, according to a court document, because the DA's office was not ready for trial more than a year after the arrest of the defendant. The Sixth Amendment guarantees those accused of a crime the right to a speedy trial.

Background
On July 3, 2021, Gregory R. Solomonidis was arrested in the city of Batavia following a traffic stop on East Main Street. Solomonidis was accused of driving with a BAC of .08 or greater.

On Aug. 26, 2021, at a City Court hearing on the case, ADA Joseph Robinson filed with the court what is known as a Certificate of Compliance, which is a document that informs the court and the defense that all material in possession of the prosecution that the defendant has a right to review has been turned over to the defense.  The defense has a right to review all material relevant to the charges, including material that might aid the accused.

On Sept. 17, the defense filed a motion seeking dismissal because the prosecution did not provide a copy of the dispatch center recording of police transmissions relevant to the arrest of Solomonidis. The prosecution countered that the discovery material included notice that the recording existed with instructions on acquiring a copy of the recording if the defense wished to listen to it. 

According to court documents, ADA Jenna Bauer, who took over the case at this time, argued in court that as a former dispatcher, she understood the difficulty in retrieving recordings given the limitations of the communication system in the dispatch center and that retrieving recordings took considerable time for a dispatcher.

On Nov. 30, 2021, the court held a hearing to examine the evidence in the case and the arresting officer was called to the stand.  During cross-examination, the officer was asked about his prior employment as a part-time police officer in the village of Perry. The officer testified that he had left the job because he believed he had violated the department's social media policy with a post or posts on Snapchat.  In court documents, this is called "the Snapchat incident." 

The officer said the department did not discipline him due to this incident.  Batavia PD subsequently hired him, and he remains a Batavia police officer.

Even so, the defense argued that this incident, which was apparently not discussed in detail during the hearing, constituted "50-a" material, or material in an officer's personnel file that could conceivably impeach the officer's credibility. 

The court gave the prosecution -- in keeping the existing case law -- more time to comply with the discovery requirements.

At a hearing on March 1, 2022, Bauer informed that no effort had been made to obtain information on the "Snapchat incident."  On March 17, she requested more time to obtain the information. 

"I have started my inquiry with the Perry Police Department," she told the court.

On March 28, the DA's office received a letter from the village of Perry clerk regarding the incident, and that letter was provided to the defense.

A month later, Rogers dismissed the charge against Solomonidis.

Appeal to County Court
In her ruling, Cianfrini overturned Rogers on the issue of the dispatch center recording. She determined the DA's office had complied with discovery rules by informing the defense the recording existed and providing instructions on how to obtain it and that once the defense made a request in court, the DA's office produced the recording within two days.

Cianfrini did find, however, that prosecutors failed to exercise "due diligence" in trying to acquire documents from the Perry Police Department regarding the "Snapchat incident." 

Cianfrini compared prosecutors' actions with a ruling in another case, People vs. Godfred, where a prosecutor provided extensive details on how she tried to obtain discovery material but could not.  The documentation provided to the court in that case demonstrated "due diligence" and "reasonable effort" as required by the law.

"... the Appellant's Brief is absolutely silent as to the steps the various prosecutors assigned to this case took to ensure that it had ascertained the existence of all discoverable information as it relates to impeachment materials, most notably the "Snapchat incident," Cianfrini wrote. "There is no explanation as to why the People were unaware of these potential impeachment materials. It is nearly impossible for this Court to gauge how obvious the missing materials would have been, given the dearth of information provided by the People. Moreover, the People provided a letter from the Perry Village Clerk. No letter was received from the PPD itself."

And she continues, "Unlike the prosecutor in Godfred, no clear record was made by any of the prosecutors assigned to this case as to specifically whom at the PPD was contacted to obtain the information (such as the police chief or supervising officer), method(s) of contact and attempted contact, or if they even spoke with the Officer himself about the violation after learning about it."

Cianfrini is a former first district attorney in Genesee County and noted in a footnote that the lack of due diligence could result from multiple ADAs handling the case, which led to the procedural issue being overlooked. 

"Given the lack of record of the efforts taken to ascertain the existence of the Snapchat incident, this Court is constrained to find that the prosecutors did not exercise due diligence or make reasonable inquiries to discover the existence of the same," Cianfrini ruled. "Thus, the initial COC and any subsequently filed COC were illusory, and the People were not ready for trial."

The COC is the Certificate of Compliance that all discovery has been turned over.  If evidence is missing, the legal term for the defect is "illusory." 

The lack of readiness for trial denied Solomonidis his right to a speedy trial, Cianfrini ruled. Thus, she upheld the dismissal of the DWI charge.

Batavia Police Chief Shawn Heubusch expressed dismay at the case's outcome, saying that the officer in question is a valued law enforcement officer.  He issued the following statement:

A recent ruling by a Genesee County Court dismissed a DWI charge made by a Batavia Police Department officer because of a prosecutorial error. 

The Court determined that the prosecution did not disclose that the arresting officer resigned from his position as a part-time officer with the Village of Perry Police Department over a social media matter. The officer resigned and subsequently joined the Batavia Police Department.

Our officer fully disclosed this matter during his interview with us. The Batavia Police Department fully supports our officer, and he has an exemplary service record.

State budget message for Genesee County: increased spending to fight crime, improve mental health care, without increasing tax burden

By Howard B. Owens
NYSDOL Commissioner Roberta Reardon
NYSDOL Commissioner Roberta Reardon
Photo by Howard Owens

Once, when she was lieutenant governor, Kathy Hochul was dispatched to Genesee Community College to deliver then Gov. Andrew Hochul's message to local leaders on that year's state budget.

Now as governor, Hochul has assigned state department heads to deliver the budget message in Genesee County.

On Tuesday, state Department of Labor Commissioner Roberta Reardon told a couple of dozen people attending the briefing that the governor's proposed 2024-25 state budget will not add a fiscal burden to New Yorkers, and that the budget is balanced while increasing spending on fighting crime, ensuring New York's economic competitiveness, fixing broken infrastructure, fighting climate change, supporting education, addressing the migrant crisis, making advancements on housing, and improving access to mental health care.

The total spending plan is $233 billion, a 4 percent, or $6 billion, increase over the current budget.

The budget "does not increase income taxes and comes without cuts to services," Reardon said.

"Fighting crime remains a top priority in this budget," Reardon said. "The governor is proposing to make record investments and improvements in the justice system. The endgame here is to make New York a safer place to live, work and visit. Her plan allocates $40 million to crack down on retail theft, a recent issue that has impacted small businesses everywhere. The governor is also committing $40 million dollars to address domestic violence and $35 million to combat hate crimes across our great state."

The governor also wants to significantly increase spending on mental health issues. This will undo the wrongs of the past, Reardon suggested.

"We will rebuild our mental health system from top to bottom, which is needed after decades of underinvestment," Reardon said. "The governor's proposal earmarks $4.8 billion to overhaul the state's mental health continuum of care, and that is a 45 percent increase from 2022. Investments include $24 million for criminal justice-related programs, $37 million to help members of our homeless population who are struggling with mental health issues, and $43 million for supportive housing. This is a complex problem that requires a multi-pronged approach. The governor wants to devote $55 million to create 200 new inpatient psychiatric beds so New Yorkers can receive the care that they need. And we know that mental health also has a very significant impact on our youth, which is why she wants to commit $45 million to support services specifically for young New Yorkers. That funding will power school-based services and peer-to-peer counseling."

Reardon also said Hochul is proposing $35 billion in total school aid, which Reardon said is a $125 million increase from the prior fiscal year.

"In this region, school aid is increasing by $26 million to a total of more than $2.6 billion in funding," Reardon said.

What about creating jobs?
Prior to her talk, The Batavian was given an opportunity for a short, exclusive interview with the labor commissioner, so we asked how the state budget would help New York businesses hire more workers.

"As you know, the governor is really focused like a hawk on upstate economic development," Reardon said. "There are a lot of measures in the budget to help. There's the on-ramp program that ESD (Economic State Development) is running. There will be training centers along the I-90 corridor in support of the chip fab industry and advanced manufacturing. Also, she's got money in the budget for Geneseo and Brockport for the colleges. And obviously, there's a lot of infrastructure money for bridges, highways, potholes, all of that stuff. She's really focused on that."

The Department of Labor, Reardon noted, is really focused on helping people find careers "that they love."

"That is really one of the best things about the Department of Labor," Reardon said. "We do it every day. She's a huge supporter. She always has been and we work together very closely. She's working on targeted industries, but we help everybody. If you want to go to work in a chip fab or advanced manufacturing, we'll help you do that. But if you also want to work locally and stay here, we'll help you do that, you know, whatever your need is, we connect workers to training to employers to wraparound services if they need it. This is a really big priority for the governor."

As a follow-up question, we asked if we could expect any additional spending to assist business parks in Genesee County, such as WNY STAMP or the Genesee Valley Agri-Business Park. As Reardon said that was something she would need to look into and get the information to The Batavian, a staff member gave a head shake of, "No."

Kelly's Holland Inn celebrates 50 years of family ownership

By Howard B. Owens
Second generation owner Gerry Potrzebowski in front of his 50th anniversary celebration plaque  Photo by Steve Ognibene
Second-generation owner Gerry Potrzebowski with is his 50th-anniversary celebration plaque  
Photo by Steve Ognibene

Low-key, unpretentious, cold beer at affordable prices -- that seems to be what keeps customers coming back to Kelly's Holland Inn on Evans Street in Batavia.

On Sunday, owner Gerry Potrzebowski celebrated the 50th anniversary of his father becoming the bar's owner.

Potrzebowski was still in high school when his father took on bar ownership on Feb. 17, 1994.  The young man started working there a couple of years later, when he turned 18 and bought it from his father 11 years later, and he has plans to celebrate his 40th year as a tavern owner in August 2025.

"When my father first opened in 74, Doehler's was down the road," Potrzebowski said. "There were three full shifts. I mean, Doehler's was one of the big industries here. Then they closed, and all that changed. We used to have a kitchen, but after they closed up, there was no need for it."

Today, the clientele is a lot of local residents, but hockey at the David M. McCarthy Memorial Ice Arena is also a big draw. Potrzebowski himself played hockey for 40 years and was a long-time member of the Batavia Men's League. He's still involved with the league but stopped playing after back surgery a few years ago.  Kelly's is a frequent hangout for league members.

Potrzebowski figures Kelly's and The Harvester are the only two true neighborhood, or corner, bars left in the city of Batavia.

"People that come to the hockey games -- we get a lot of people from out of town -- they're like, 'Wow, this is like a place out of the past.' They remember a lot of places like this that were once in Buffalo and Rochester. They come in, and they're like, 'Wow, this is like the bar we grew up with.' There aren't a lot of bars like this anymore."

Steve Pies, co-owner of Max Pies, who is also a Southside resident and long-time member of the men's hockey league, said Kelly's is a local institution.

"Gerry Potrzebowski is one of the most genuine, kind-hearted people you'll ever meet," Pies said. "Kelly's Holland Inn attracts all walks of life, and the mystique atmosphere is always consistent.  The most inexpensive and coldest beer in Batavia.  A true gem to our community."

The kitchen may be gone -- replaced by a chip rack, or the "food court," as Potrzebowski said customers call it -- but nearly everything else has remained pretty consistent at Kelly's for these past 50 years. It's still a friendly place for a cold one and good company.  The biggest change recently, Potrzebowski said, is closing hours. Before the pandemic, bars stayed open until 2 a.m.  Now, most are closed by 10 p.m.  That's been driven by customer behavior, Potrzebowski suggested.

"I'd say 99 percent of the people who come in here have been hard-working people," Potrzebowski said. "That's what we cater to. We ain't no highfalutin place. It's pretty much, come in, have a couple of beers. The thing that is way different is from when I first started (the pandemic); bars were open until two o'clock every day, and that doesn't happen anymore.  People go home early. Everybody is home, and that's just the way the business is now."

Photos by Steve Ognibene. Steve Ognibene conducted the interviews for this story.

Owner Gerry Potrzebowski ready to wait on customers.  Photo by Steve Ognibene
Owner Gerry Potrzebowski ready to wait on customers.  
Photo by Steve Ognibene
Some of Kelly's Holland inn regular cusomers enjoying an afternoon.  Photo by Steve Ognibene
Some of Kelly's Holland Inn's regular customers are enjoying an afternoon.  
Photo by Steve Ognibene
Kelly's Holland Inn sign with owner Gerry.  Photo by Steve Ognibene
Kelly's Holland Inn sign with owner Gerry.  
Photo by Steve Ognibene

Photos: Modes of transportation

By Howard B. Owens
modes of transporation
While a student walks on a path from the Genesee Community College campus to College Village, a small plane flies overhead on Tuesday afternoon.
Photo by Howard Owens.

Photos: Albino squirrel in Batavia

By Howard B. Owens
albino squirrel

Frank Capuano shared these photos he took of an albino squirrel who is a regular visitor to his yard in Batavia, sharing corn with his friends.

albino squirrel

Law and Order: Batavia woman charged with DWI, resisting arrest following property damage accident

By Howard B. Owens

Felicia R. Sherrell, 43, of Batavia, is charged with DWI, driving while ability impaired by drugs and alcohol, failure to keep right, leaving the scene of a property damage accident, harassment 2nd, and resisting arrest. Sherrell was arrested in connection with a motor vehicle accident reported on Dec. 17. According to police, Sherrell's vehicle struck a sign on West Main Street at Oak Street, Batavia, and then left the scene. Once located, Sherrell allegedly resisted arrest and struck an officer. She was released on an appearance ticket.

Isaiah J. Munroe, 33, of Batavia, is charged with assault 3rd, unlawful imprisonment 2nd, and criminal mischief 4th. Munroe is accused of being in a fight with another person on Walnut Street, Batavia, on Feb 4. He is accused of restraining a person and preventing the person from calling for help. He was arraigned and released.

Michael R. Ostrander, 59, of Batavia, is charged with assault 3rd. Ostrander is accused of hitting another person, causing injury, during an incident on Feb. 9 on Mill Street. Ostrander was arraigned and released.

Leona J. Polk, 44, of Le Roy, is charged with harassment 2nd. Polk is accused of striking a nurse in the emergency room at UMMC on Feb. 12. She was issued an appearance ticket.

Rebecca R. Fugate, 33, of Batavia, is charged with harassment 2nd. Fugate is accused of striking a person on Feb. 12 while on a bus in Batavia. She was issued an appearance ticket.

Kristen R Aquino, 40, no community listed, is charged with DWI. Aquino was stopped on Feb. 3 on Liberty Street by a Batavia patrol officer. She was issued an appearance ticket.

David J. Sokolowski, 54, of Batavia, is charged with criminal possession of a controlled substance 7th. Sokolowski was allegedly found in possession of narcotics on Feb. 6 in the city of Batavia. He was issued an appearance ticket.

Jaylinn M O'Neil, 33, of Le Roy, was arrested on Feb. 7 on a warrant issued by City Court. O'Neil was initially charged with aggravated unlicensed operation of a motor vehicle 3rd on Nov. 8. She is accused of failure to appear in court as ordered. She was arraigned in City Court and released pending her next court appearance.

Peter Hubbard, 43, of Lovering Avenue, Buffalo, is charged with DWI, DWAI (combined influence of drugs and alcohol), driving with a BAC of .18 or greater, moving from lane unsafely, driving left of pavement markings.  Hubbard was charged following an investigation by deputies Zachary Hoy and Nicholas Chamoun at 5:40 p.m. on Dec. 16 on Ellicott Street Road, Pavilion.  He was arrested on Feb. 17. Hubbard was released on an appearance ticket.

A 13-year-old was arrested by State Police on Feb. 15 and charged with burglary 3rd. The alleged burglary was reported on Dec. 29 at 5:17 p.m. in the Town of Elba. No further information released.

Jacqueline M. Kotas, 49, of Alden, is charged with DWI. Kotas was stopped by State Police at 9:30 p.m. on Feb. 13 in the Town of Darien. She was issued an appearance ticket.

House fire reported on Wortendyke Road, Batavia

By Howard B. Owens

A house fire is reported at 9070 Wortendyke Road, Batavia.

East Pembroke Fire responding with mutual aid from Corfu, Town of Batavia, Alexander, and Darien.

The fire is contained to the garage. It's mostly smoke right now, a chief reports. 

UPDATE 11:05 a.m.: The chief believes the fire is contained to the garage. There are crews in the house, in the attic and in the basement.

UPDATE 11:11 a.m.: Fire is knocked down. Starting overhaul.

UPDATE 11:58 a.m.: Overhaul complete. Fire investigation starting.

Damaged fire hydrant delays attack on fire in Batavia, property is total loss

By Howard B. Owens
14 mckinley fire

An apparently damaged fire hydrant on a McKinley Avenue home forced City firefighters to take a defensive posture instead of entering a duplex at 14 McKinley Ave. on Sunday to try and knock down a fire.

The structure, though still standing, is a total loss, said Chief Josh Graham.

"It just looks like maybe either a car or maybe a snowplow might have hit the hydrant," Graham said. "It's a little loose over there. I'm not sure exactly what it is yet."

The fire, with smoke and flames already showing, was reported shortly after 2 p.m.  Heavy smoke and flames coming from a first-floor window is exactly what firefighters found when they first arrived on scene, Graham said.

With the closest hydrant damaged, firefighters were forced to connect to a hydrant on East Main Street. The short delay allowed the fire to advance enough, Graham said, that firefighters were forced to make their initial attack from outside the structure.

Two families occupied the structure, including children. Graham didn't have a count of the exact number of occupants but said they were all out of the apartments by the time firefighters arrived on the scene. One person was transported to an area hospital with possible smoke inhalation and knee injuries.

The cause of the fire has yet to be determined. Graham said he expects more information to be released on Monday.

He also said there were pets in the structure, and all of them escaped the fire.

The original house was built in 1911 and was wood framed, with what is called a balloon frame, which allows flames to easily grow up through the walls from the first floor all the way to the attic. 

It is 2,024 square feet. It was last sold, according to county tax records, in 2022 for $111,500 and has a total assessed value of $81,000.  The current owner, according to records, is Brandon Stevenson.

Previously: House fire reported on McKinley in Batavia (with more photos)

14 mckinley fire

House fire reported on McKinley in Batavia

By Howard B. Owens
mckinley house firew
Reader-submitted photo.

A house fire with smoke and flames showing is reported at 14 McKinley Ave., Batavia.

All occupants are out.  One may have smoke inhalation. 

City Fire dispatched. Also dispatched, Town of Batavia, Elba, Oakfield, and Stafford.

The fire hydrant on McKinley is not working. A hydrant on East Main will be needed. Traffic on East Main to be shut down.

14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens
14 mckinley fire
Photo by Howard Owens

Law and Order: Bliss man accused of attacking a cop in ER

By Howard B. Owens
Dylan Jordan
Dylan Jordan

Dylan T. Jordan, 22, of Bliss, was arrested on a warrant on Jan. 29.  The arrest stems from an incident reported on Jan. 15. Jordan is accused of engaging in a fight with police officers in the emergency room at UMMC. Jordan allegedly placed an officer in a headlock and attempted to strangle him. Jordan was charged with attempted assault 2nd, attempted strangulation 2nd, criminal obstruction of breathing, obstructing governmental administration 2nd, and harassment 2nd. Jordan was arraigned in City Court and released under supervision.

Edmund Sobresky, 54, of North Street, Batavia, is charged with DWI/Drugs. Mathew Parker, 34, of Batavia, is charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th. Katelyn Jimenez, 30, of Eagle Street, Medina, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, and criminal impersonation. Deputies conducted a traffic stop at 1:30 a.m. on Feb. 8 at Route 33 and Route 5, Batavia. Deputies determined that Sobresky appeared to be driving while under the influence of drugs. During the traffic stop, found the occupants of the vehicle were allegedly in possession of a large quantity of narcotics, enough to lead to accusations of dealing drugs.  Jimenez is also accused of providing deputies with a false name. All were held pending arraignment.

Tajhenne T. Walker, 28, of Buffalo, and Ericka K. McBride, 34, of Buffalo, are charged with grand larceny 4th, possession of burglar tools, and conspiracy 6th. Walker and McBride are accused of stealing merchandise from Ulta Beauty on Veterans Memorial Drive, Batavia, at 7:28 p.m. on Feb. 3rd. They were released on appearance tickets.

Danny D. Williams, 35, of Batavia, is charged with criminal contempt 1st.  Williams is accused of violating an order of protection on Jan. 28. He was arraigned in City Court and ordered held. 

Olivia J. Patten, 26, of Oakfield, was arrested on Feb. 1 on a warrant issued by City Court. Patten was initially charged on Nov. 1 with aggravated unlicensed operation of a motor vehicle 3rd. She was accused of driving with a suspended license. A warrant was issued after she failed to appear in court. Patten was arraigned in City Court, where the case was settled.

Scott D. Murray, 38, is charged with criminal contempt. 2nd. Murray is accused of violating an order of protection on Jan. 31 by making contact with a protected party while at the Genesee County Courthouse. He was arraigned in City Court and jailed.

Jeanna M. Hattaway, 37, of Batavia, was arrested on Jan. 30 on a warrant issued by City Court. Hattaway was initially charged on Dec. 13 with criminal possession of a controlled substance 7th in connection to an incident reported in April, 2023. A warrant was issued after Hattaway failed to appear in court. Hattaway was arraigned in City Court and released under supervision.

Adrienne S. Bechtold, 28, of Batavia is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Bechtold was allegedly found in possession of narcotics and drug paraphernalia after police responded to a report on Jan. 27 of a suspicious vehicle on East Main Street, Batavia. She was issued an appearance ticket.

John A. Cabrera, Sr., 56, of Batavia, is charged with petit larceny. Cabrera is accused of stealing merchandise from Kwik Fill on Jackson Street, Batavia, on Jan. 26. He was issued an appearance ticket.

James W. Zurek, 20, of Batavia, was arrested on Jan. 29 on two warrants. The first warrant stems from an incident in August 2022 when Zurek was charged with strangulation 2nd, assault 3rd, and petit larceny after a disturbance on Cedar Street. The second warrant charged Zurek with bail jumping 3rd. He was arraigned in City Court and released under supervision.

Andrew William Taylor, 36, of West Main Street, Batavia, is charged with petit larceny. Taylor is accused of stealing $39.97 worth of merchandise from Walmart at 1:07 p.m. on Feb. 2. Taylor was released on an appearance ticket.

Richard Wayne Rumble Jr., 39, of Scribner Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 1st, unlicensed operator, and drinking alcohol in a motor vehicle. At 12:27 a.m. on Jan. 16, a caller reported a vehicle swerving into oncoming traffic on Route 5 in Pembroke. The caller followed the vehicle to Crosby's in East Pembroke and stayed on scene until Deputy Carlos Ortiz Speed and Deputy Ryan Mullen arrived.  The deputies reportedly found a driver asleep behind the wheel of the pickup truck. Rumble was released on appearance tickets.

Philip Stewart Mayberry, 52, of South Geddes Street, Syracuse, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd.  Mayberry was arrested following an investigation into an incident at 8250 Park Road, Batavia, at 11:47 a.m. on Jan. 22. Mayberry was released on an appearance ticket. Also charged, Shandell Marie Lissow, 35, of Allen Road, Albion.

Ashton Lea Mohney, 33, of Ross Street, Batavia, is charged with promoting dangerous contraband in prison 1st. Mohney was arrested in connection with an incident reported a 8:15 a.m. on Feb. 5.  The incident was investigated by Deputy James Stack. Mohney was arraigned in City Court and ordered held. No further details were released.

Jacob William Patterson, 28, of East Main Street, Batavia, is charged with criminal possession of controlled substance 7th and criminal use of drug paraphernalia 2nd. Patterson was arrested during a check-the-welfare call at a hotel on Park Road at 11:30 p.m. on Feb. 6. He was held pending arraignment.

Jacob William Patterson, 28, of East Main Street Road, Batavia, is charged with introducing prison contraband 1st. Patterson was arrested in connection with an incident at the Best Western Hotel in Batavia and transported to the Genesee County Jail. He is accused of bringing dangerous prison contraband into the jail. He was held pending arraignment.

Mary Ann Virgilio, 48, of State Street Road, Batavia, is charged with criminal tampering 3rd. Virgilio is accused of entering a residence on State Street Road, Batavia, at 4 p.m. on Feb. 1, and then denying the resident of the property access to the home by locking an internal screen door. Virgilio was issued an appearance ticket.

Austin Chase Durham, 28, of Dewey Avenue, Batavia, is charged with aggravated harassment 2nd. Durham is accused of repeatedly sending text messages on Feb. 6 to another person with the "intent to harass, annoy, or alarm, with no legitimate communication," after being warned by a police officer to cease communication with the person. Durham was ordered held pending arraignment.

Thomas Matthew Gang, 43, of Alleghany Road, Alabama, is charged with DWI and driving with a BAC of .18 or greater.  Gang was stopped at 5:03 p.m. on Feb. 5 on Roberts Road, Alabama by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Kristan Rae Aquino, 40, of Maple Street, Batavia, is charged with criminal mischief 4th. Aquino is accused of intentionally damaging a bed inside the Genesee County Jail at 4:46 a.m. on Dec. 3. Aquino was arrested on Feb. 6 and issued an appearance ticket.

Jeanna Marie Hathaway, 37, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Hathaway was stopped at 1:20 p.m. on Feb. 9 on South Main Street, Elba, by Deputy Jacob Kipler. She was allegedly found in possession of methamphetamine. Hathaway was processed at the Genesee County Jail and released on an appearance ticket.

Jeanna Marie Hathaway, 37, of Bank Street, Batavia, is charged with petit larceny. Hathaway is accused of stealing merchandise from Ulta Beauty at 3 p.m. on Jan. 30. She was released on an appearance ticket.

Stephanie Marie Hockenberry, 36, of Thomas Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation 3rd, driving on a suspended registration, and no motor vehicle insurance. Hockenberry was stopped at 8:07 p.m. on Feb. 9, on Route 33, Stafford, by Deputy Jacob Kipler. Hockenberry was issued an appearance ticket.

Luis Alexis Harloff, 41, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, and unlicensed driver. Harloff was stopped at 2:30 a.m. on Feb. 10 in the parking lot of a location on South Main Street, Elba, by Deputy Jacob Kipler.

Rob Arthur Shuttleworth, 66, of Scotland Road, Akron, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operator 2nd, driving without an interlock device, and driving left of pavement markings. Shuttleworth was stopped at 2:13 am. on Feb. 10 on North Lake Road, Pembroke, by Sgt. Mathew Clor.

Janell Marie Sauer, 48, of Summit Street, Batavia, is charged with criminal possession of a controlled substance 7th. Sauer was charged following a traffic stop at 2:13 a.m. on Feb. 10 on North Lake Road, Pembroke, by Sgt. Mathew Clor. Sauer was a passenger in the vehicle.

Richard James Burdick, 46, of Coward Road, Byron, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation of a motor vehicle 3rd, unlicensed operation, and failure to keep light. Burdick was stopped at 6:20 p.m. on Feb. 12 on West Main Street, Batavia, by Deputy Mason Schultz. Burdick was released on an appearance ticket.

Lisa Marie Fox, 52, of Crimson Heights, Albion, is charged with criminal possession of a controlled substance 7th and facilitating aggravated operation 3rd. Fox was allegedly in possession of narcotics while a passenger in a vehicle stopped at 6:20 p.m. on Feb. 12. She is accused of knowing the driver was driving on a suspended license. She was released on an appearance ticket.

Amy Susan Goodenow, 43, of East Road, Batavia, is charged with petit larceny. Goodenow is accused of stealing a person's car keys and refusing to return them in an incident reported at 12:22 a.m. on Jan. 20. She was issued an appearance ticket.

Christine M. Caplis, 43, of West Main Street Road, Batavia, is charged with criminal possession of a controlled substance 7th. Caplis was arrested on Feb. 13 in connection with an alleged possession of a controlled substance on April 18 during a traffic stop in Corfu. She was arrested after police investigated a disturbance on Dellinger Avenue, Batavia. She was issued an appearance ticket.

Erich Douglas Hildebrant, 45, of Batavia Bethany Townline Road, Batavia, is charged with endangering the welfare of a child.  Hildebrant was charged after an incident reported at 9:20 a.m. on Feb. 2. He is accused of holding a firearm in his hands while making statements and conducting himself in a manner that was detrimental to three children in his presence at the time.

Batavia Girls dominate Geneva on Senior Night, even out win-loss record

By Howard B. Owens
Left to right in black t-shirts are Julia clark, Anna Varland, Isabella Walsh and Julia Preston were honored on senior night.  Photo by Steve Ognibene
Left to right in black t-shirts are Julia Clark, Anna Varland, Isabella Walsh, and Julia Preston were honored on senior night.  
Photo by Steve Ognibene

On Senior night, one win-shy of a .500 season, Batavia came out strong against Geneva and came away with a 59-19 win.

The game began with a 6-4 early in the first quarter lead for the Blue Devils but trailed at the end of the quarter 11-8.

With a strong second half, Batavia turned out the light on Geneva, going into the half with a 33-12 lead, and the game was never close again.

After a couple of consecutive seasons where wins were hard to come by, Coach John McCulley sees progress in a 10-10 season and a group of young players developing winning habits and gaining experience.

"The season started out pretty good," McCulley said. "We had a light schedule. We started out with a bunch of girls that hadn't played at the varsity level. The senior girls that I had, that's what made it so special throughout the season. The senior girls I had were a huge help for me, as far as the right attitude, and teaching the young girls the right way to handle things. And so the season went pretty well. We had our ups and downs but as far as I'm concerned, from last year to this year, leaps and bounds. We've learned a lot, everything, every game, we progressively got better."

There are nine freshmen in the program, between varsity and JV and McCulley believes they have high ceilings.

"The freshmen are going to be phenomenal for me," McCulley said. "And I got Jamie (Macdonald) coming back another year that she just took leaps and bounds towards the end of the year. I think she's going to accept this role as a leader and just be a powerhouse next year."

To view or purchase photos, click here.

Anna Varland shooting from the paint.  Photo by Steve Ognibene
Anna Varland shooting from the paint.  
Photo by Steve Ognibene
Isabella Walsh getting through Geneva defenders.  Photo by Steve Ognibene
Isabella Walsh getting through Geneva defenders.  
Photo by Steve Ognibene
Karizma Wescott going for three points.  Photo by Steve Ognibene
Karizma Wescott going for three points.  
Photo by Steve Ognibene
Jamin Macdonald going to the hoop on a fast break.  Photo by Steve Ognibene
Jamin Macdonald going to the hoop on a fast break.  
Photo by Steve Ognibene

Photos: Beatlemania Magic at Batavia Downs

By Howard B. Owens
beatlemania magic

It was a full house on Friday in Park Place at Batavia Downs for the Beatles' tribute band, Beatlemania Magic.

Photos by Mike Pettinella.

beatlemania magic

Byron-Bergen's Braedyn Chambry sets school scoring record in win over O-A

By Howard B. Owens
braedyn-chambry-foul-shot-to-break-school-record
Braedyn Chambry hit a free throw to set a new Byron-Bergen scoring record.
Photo by Jennifer DiQuattro

Byron Bergen's Braedyn Chambry hit a free-throw on Thursday on his way to a 28-point game and 63 to 49 over Oakfield-Alabama to break his school's career scoring record.

Chambry surpassed the previous record of 1,063 points set by Brandon Burke in 2017. Chambry finished the game, with games left in the season to keep building his new record, with 1,078 points.

“Braedyn is old school,” said Varsity Boys Basketball Head Coach Roxanne Noeth. “100% of his buckets come from inside the paint. Nothing flashy, just hard work and persistence around the rim.”

“If someone is going to break Brandon’s record, I’m glad it is Braedyn,” said Joann Burke, mother of Brandon Burke.

For the Bees, Colin Martin added 12 points, and Cody Carlson scored 10.

For O-A, Gavin Armbrewster scored 17, Aedyn Groth, 15, and Jack Cianfrinni, 10.

byron bergen basketball
Photo by Jennifer DiQuattro
byron bergen basketball
Photo by Jennifer DiQuattro
byron bergen basketball
Photo by Jennifer DiQuattro
byron bergen basketball
Senior cheerleader Hanna Loewke gave a solo performance at half-time.
Photo by Jennifer DiQuattro
byron bergen basketball
Byron-Bergen seniors Brendan Pimm, Brodie Baubie, Braedyn Chambry, Colin Martin and Carter Prinzi with coach Coach Roxanne Noeth.
Photo by Jennifer DiQuattro

For National Pizza Day, Hawley delivers pizza to local law enforcement officers

By Howard B. Owens
hawley pizza batavia pd
Assemblyman Steve Hawley delivering pizza to Batavia PD.  From left, Officer Austin Davis, Officer Peter Post, Chief Shawn Heubusch, Hawley, and Officer Matt Smith.
Photo by Howard Owens.

In celebration of National Pizza Day and in a show of support and respect for law enforcement on Friday, Assemblyman Steve Hawley had pizza delivered to several law enforcement agencies in his district, including a personal stop to deliver pizza to the Batavia Police Department.

“From the state troopers to local departments, our police officers are a vital part of our community’s safety,” said Hawley. “Far too often, we take their service for granted, but events like this are a small way to help give back and show our appreciation for their hard work.”

Other departments receiving pizza included:

  • Albion Police Department
  • Batavia Police Department
  • Brockport Police Department
  • Corfu Village Police Department
  • Genesee County Sheriff's Office
  • Holley Police Department
  • Le Roy Police Department
  • Medina Police Department
  • NYSP - Troop A Albion Barracks|
  • NYSP - Troop A Batavia HQ Orleans County Sheriff's Office
hawley pizza batavia pd
Photo by Howard Owens

Motorcycle accident reported on Byron Road, Byron

By Howard B. Owens

An injury accident involving a motorcycle is reported in the area of 6591 Byron Road, Byron.

Byron Fire and South Byron Fire, along with Mercy EMS, dispatched.

UPDATE 5:26 p.m.: The patient is going to be a signoff and there is no need for Mercy EMS.

Facing challenges and skeptics, Plug Power officials say new plant expected to begin production in 2025

By Howard B. Owens
plug power WNY STAMP
Plug Power in WNY STAMP.
Photo by Howard Owens.

The company's share price hasn't risen above $5 in four months after executives informed investors that it is facing a cash flow problem, and while it has made progress on improving its cash holdings and has increased production at plants in Tennessee and Georgia, there are stock analysts downgrading Plug Power as an investment opportunity. 

Even so, Plug Power's leadership indicates the company is plowing ahead with plans to build the nation's leading fully integrated hydrogen power supply company -- a revolution in alternative energy production if Plug Power can pull it off.

One component of that plan is the completion of a hydrogen fuel production facility and electric substation at WNY STAMP, and officials with the company say the project remains on course for production to begin in the first half of 2025.

In collaboration with the New York Power Authority and National Grid, Plug Power expects to achieve its full capacity of 74 tons per day of liquid hydrogen production within that time frame.

"At this point, the majority of the work on-site to date has been laid underground to support the incoming power, drainage, and water management demands of a functional green hydrogen plant," officials said in a statement to The Batavian.

In accordance with Security and Exchange Commission Rules, Plug Power disclosed in November that a shortage of cash threatened its ability to remain a "going concern" within the following 12 months.  It suggested it could raise more cash by selling stock and that the company expected to receive a sizable loan from the Department of Energy.

Since then, Plug Power authorized B. Riley Securities to offer additional public shares of the company for sale at market rate with the goal of raising an additional $1 billion in capital.  That agreement was announced in January.  There has been no news released on how that sale has proceeded.

Also, in January, Plug Power secured a $1.6 billion loan from the Department of Energy to help it complete six liquid hydrogen facilities (including, presumably, the facility at WNY STAMP).  Plug Power is expected to receive the funds later this year. CORRECTION: Contrary to the news article cited, the loan has not been finalized, but according to a company representative, the company took another step in the due diligence process toward finalizing the loan.  The representative said that Plug Power is at Step 3 of the process in the charge on this page.

Buffalo-based Investigative Post reported on Jan. 30 that the Tonawanda Senecas opposed the loan and were actively lobbying to stop it from going forward.

The Seneca Nation is invested in solar power.

Two days ago, Seaport Res Ptn, a stock analyst firm, downgraded Plug Power from a "buy" position to "neutral," which made headlines in the business press. The Seaport researches projected lower earnings this year for Plug Power.

A New York-based company (Latham) was founded in 1999 and has yet to turn a profit.  In its most recent earnings report, in September, it reported $890 million in revenue, a record for the preceding 12 months and a 38 percent year-over-year improvement.  Over the same period, the company lost $283.5 million.

In January, Plug Power began fuel production at its new plant in Woodbine. Georgia. The plant is designed to produce 15 tons per day of liquid electrolytic hydrogen, which the company says can power 15,000 forklifts per day. 

Two days ago, the company resumed fuel production in Charleston, Tenn. That plant produces 10 tons of liquid hydrogen per day.

The two facilities coming online are expected to reduce Plug Power's cost of production and improve its move toward profitability. 

The company's specialty is green hydrogen, which is hydrogen produced without fossil fuels powering the facilities, and then that hydrogen, when used as a fuel source, results in zero carbon emissions. (More info: Forbes Magazine video about green hydrogen featuring Plug Power)

Plug Power's long-term goals are enterprising -- to be the market leader in green hydrogen. It is building a "vertically integrated" business model, which means it can provide customers with hydrogen services in a variety of ways.  For an idea of vertical integration, think of Apple. From Apple, you can get an iPhone, iPad, computer, or even earbuds that all work together seamlessly.

Plug Power aims to provide customers with fuel cells, electrolyzers (splitting water into hydrogen and oxygen), to liquid hydrogen fuel. They even provide companies like Walmart and Amazon with hydrogen-powered forklifts.  Plug Power wants to provide distribution, delivery, and services and foresees a future for hydrogen that includes uses such as long-haul trucking.

Companies and consumers looking to hydrogen as a green-energy alternative to fossil fuels face many challenges, and Plug Power is attempting to provide solutions to those challenges. The nation currently provides little in the way of hydrogen production and infrastructure, according to industry analysts.  

Plug Power's challenges include competition from other fuel sources, including natural gas, solar, and wind, as well as the steep price of building an entirely new vertically integrated infrastructure that can meet global demand.

In an interview with a green energy podcast, Plug Power CEO Andy Marsh said hydrogen power is under attack from industry leaders who believe electricity is the only solution to carbon-driven climate change.

"It's folks who really don't want hydrogen to be part of the solution, and I would contend they really don't understand," Marsh said. "I would like them to explain to me how you clean up long-haul trucking. I'd like them to explain how you do the last mile for 30 percent of the applications. I like them to explain how you do a fertilizer. I like them to explain how you do steel, which represents six or seven percent of the world's carbon footprint -- electricity solves none of that, and it's rather frustrating that if you're really thinking about how, from a system point of view, you clean up greenhouse gas. It's not really possible with their solutions."

He said solving climate change will take all of the green energy alternatives, even including nuclear power.

Plug Power's executives have set ambitious goals -- producing 2,000 tons of hydrogen daily by 2030. At that rate, the company hopes to generate $20 billion in annual revenue at that point with a profit margin of at least 30 percent.  

According to  Marsh, one ton of green hydrogen is the fuel equivalent of 2,000 gallons of gasoline. 

The company selected WNY STAMP for the construction of a liquid hydrogen plant in February 2021.  The plant will cost more than $290 million to complete. 

Empire State Development is scheduled to pay up to $2 million in Excelsior Tax Credits in exchange for the creation of 68 jobs at the plant, or about $2,941 per job per year over 10 years. Plug Power is not eligible to receive the tax credits until the jobs are filled. The average starting salary is expected to be approximately $70,000 plus benefits.

As part of the project, Plug Power agreed to invest $55 million in a 450-megawatt electrical substation that will make electricity available to other WNY STAMP tenants.

The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District.  Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.

The STAMP plant, based on available descriptions of the other plants operated by Plug Power, would be the company's highest capacity plant.

If Plug Power were to go out of business, there's no information available on what might become of the hydrogen fuel facility. When Pepsi/Muller closed its plant in Batavia, followed by the failure of Alpina, both plants readily found new operators in HP Hood and Upstate Milk Cooperative, respectively; while there are other hydrogen companies and other energy companies, it's unknown if any would be interested in the Plug Power facility if it became available.

For previous Plug Power coverage, click here.

plug power WNY STAMP
Photo by Howard Owens.
plug power
Photo courtesy Plug Power.
plug power WNY STAMP
Photo courtesy Plug Power.

Notre Dame beats Elba 66-49 at home

By Howard B. Owens
elba notre dame basketball

Notre Dame beat Elba 66 to 49 in Boys Basketball at Notre Dame on Wednesday.

Jaden Sherwood scored 22 points for the Irish. Ryan Fitzpatrick scored 15 points and George Woodruff scored nine.

For the Lancers, Mike Long scored 12 points and Nicholas Scott scored 11.

Photos by Debra Reilly.

elba notre dame basketball
elba notre dame basketball
elba notre dame basketball
elba notre dame basketball

Former Elba player, coach honored during match between Elba and Notre Dame

By Howard B. Owens
elba notre dame girls

Notre Dame beat Elba 68-55 in Girls Basketball on Wednesday.

The game, played at Elba, also served as a fundraiser in memory of Jordyn Torrey Augello, with the memorial foundation named in her honor, co-hosting the game.  A raffle, braids and Tinsel by Jagged Edges, and gift certificates sold helped raise money for the University of Rochester Genetics, Epigenetics & Metabolism Research Program.

Augello was an Elba Lady Lancer who later returned to Elba to coach youth basketball.

A 2009 graduate of Cornell who became a partner in Torrey Farms, Augello died at age 30 in 2018.

In Wednesday's game, Sofia Falleti scored 22 points for the Irish. Emma Sisson scored 16 points, Nina Bartz scored 14, and Gianna Falleti scored 12.

For Elba, Sydney Reilly scored 19 points. Lydia Ross scored 12. Mariah Ognibene and Brea Smith each scored 11.

Photos by Kristin Smith.

elba notre dame girls
elba notre dame basketball
elba notre dame basketball
elba notre dame basketball

Accident reported on Pearl Street Road, Batavia

By Howard B. Owens

One injury is reported on a rollover accident in the area of 4016 Pearl Street Road, Batavia.

Two vehicles are involved.

The person injured is reportedly out of the vehicle.

Town of Batavia Fire and Mercy EMS dispatched.

The accident is in the area of Treadeasy Avenue.

UPDATE 11:20 a.m.: One vehicle is leaking gas the other is leaking multiple fluids.

UPDATE 11:55 a.m.: Road is reopened. Town assignment back in service.

 

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