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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.

 

Photo: Workers install siding on Ellicott Station

By Howard B. Owens
ellicott station crew
Photo by Howard Owens

While the pace of work at Ellicott Station has slowed to a crawl since August, when Sam Savarino announced he was closing his development company, there continues to be the occasional contractor on the site doing some work.

On Wednesday, there was a two-man crew putting more siding on the front of the apartment building under construction.

There has yet to be an announcement from local officials or Savarino about the future of the project.  There is reportedly a search underway to find a new contractor to complete the project, which is potentially hampered by a very low-income requirement for renters from the Office of NYS Homes and Community Renewal, but officials have yet to reveal any progress on that front.

For previous coverage of Ellicott Station, click here.

Photo: Evening Sky

By Howard B. Owens
evening sky
After sunset on Wednesday evening, this is the sky Judy Schildwaster saw above her.
Photo by Judy Schildwaster.

Batavia PD looking to identify person of interest in thefts

By Howard B. Owens
larceny suspect
Submitted surveillance photo.

Batavia PD is seeking the public's assistance in identifying a person of interest in relation to a theft investigation.

The police did not release details on the alleged crime -- its location or what may have been stolen. The police did not say whether the photo above directly corresponds to the incident under investigation.

Anybody with information that could help police identify the person in the photo are asked to contact Sgt. Christopher Lindsey at 585-345-6365.

The police department also accepts tips through an online form.

Batavia native follows path of mentor, teaching music and leading GSO

By Howard B. Owens
gso feb 2024
Melzie Case, a member of the Genesee Symphony Orchestra and president of the board of directors.
Photo by Howard Owens.

Music has been a big part of Melzie Case's life since she was four years old when she first started piano lessons at Roxy's Music Store.

Along the way, she's had teachers and mentors to guide her, and one of the most important was Roxie Choate, the former president of the Genesee Symphony Orchestra, herself a retired teacher, who died in October.

Case, who first served on the GSO board as a high school student, has stepped in to lead the GSO.

"Roxie was a passionate and unabashedly determined leader," Case said. "Under her guidance, I learned how to positively steer the GSO Board and how to be a leader in music ministry. We connected and bonded over music, from appreciating classical music to playing piano and organ duets together, and forged a seemingly unlikely friendship through our love for music in the community. Her influence continues to serve me well on a daily basis."

In addition to working together on the GSO board for a number of years, Choate and Case became well acquainted with one another musically at the Batavia First Presbyterian Church, where Coate was an organist, and Case played piano.

Coate had been a music teacher in Oakfield-Alabama. After graduating from Batavia High School, she earned a degree in music education from Buffalo State University.  The 30-year-old Case is now a music teacher at Batavia Middle School.

Her musical journey has prepared her well for both roles.  Starting with those piano lessons at Roxy's Music, she participated in musical theater as a child, was a member of the chorus in middle school and high school, and along the way, she became a percussionist to go along with singing, playing the piano, and organ. She first joined the GSO as a percussionist while still a teen, and then Choate asked her to be a student rep on the GSO board.  Following a break for college, Case rejoined the orchestra and the board as she wrapped up her education in 2016.

"I like GSO because you meet so many people in the community, people from all ages and backgrounds. That is what really drew me in," Case said. 

The orchestra, she said, is comprised of “local folks, people from surrounding counties, music teachers and people with jobs outside of music.  It’s such a wonderful group of people. We have a wonderful time rehearsing together and putting on concerts together.”

Obviously, Case is passionate about music.  She thinks music helps bring people together.

"Music has a unique way of connecting people like nothing else. Music is healing, exciting, joyful, engaging," Case said. "I see every day the impact that music has on people of all ages and how it is a creative outlet in so many ways. Music is a part of nearly every moment of my day, whether I’m singing, playing, teaching, or listening."

One reason GSO has thrived in recent years is the leadership of music director and conductor S. Shade Zajac, Case said.

“I enjoy working with Shade," Case said. "The whole board does. We appreciate that he comes to board meetings when he can or gets on a call with us and that he brainstorms with us about concerts. We really have a great time working with him. He has a great vision when it comes time to select repertoire. The music he picks pushes us all as musicians, and we feel grateful to have him at the helm.”

As president of the board, Case, of course, has a role in ensuring the GSO continues to build on its success, and she that can happen through collaboration with other arts groups in the community and making connections with young people who are interested in music.

Entertaining programs, such as the one Zajac has programmed for Saturday at GCC, will also help garner growing support for the orchestra.

"The program is a blend of emotions," Case said. "There are some familiar pieces and some new ones that people will enjoy."

One of the new pieces is a composition by Paul McCartney.  Yes, the former Beatle writes more than pop songs.  He has composed a number of classical pieces, including Spiral, which the GSO will perform at the concert.

"I'm a huge Beatles fan, so I'm excited to play one of Paul McCartney's lesser-known works," Case said.

The rest of the program is comprised of pieces by other English composers, as Vaughn-Williams and Samuel Coleridge-Taylor.

The anchor piece of the program is Elgar's “Enigma Variations.” 

"It's one of my favorite pieces in the entire literature," Zajac told The Batavian at the start of the season. "It's a very special piece. I've conducted only one movement from it (previously). It's a remarkable piece of music. Every note and every bar sounds like English music, which is incredible because you can trace every note to some other composer. You can hear the influences of Beethoven and Bach and Wagner. But somehow, he makes it all sound like English music."

Choate is, as they say in show business, a tough act to follow, Case acknowledged.  She led the board. She often handled concert publicity. She was also the personnel manager.

"Roxie did so much.  We find things all the time we didn’t even know about," Case said. "As a board, we say all the time, 'Oh, Roxie did that, and she did this, and she did that.' She was a huge advocate for GSO and for music education.

The GSO, with what it has achieved and how it can yet grow, will carry on because of a lot of people over the past eight decades, but Choate certainly contributed to GSO's success.

"I have so much pride in GSO," Case said. "We have a professional orchestra right here in Batavia. We can offer to our community that experience. You can go to Buffalo and Rochester and hear those orchestras, or you can stay right here in Batavia and hear a professional orchestra."

The GSO concert on Saturday at GCC begins at 7 p.m.  Tickets are $15 for adults and $10 for seniors, and students with an ID can get in for free.

Photos by Howard Owens.

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Tenney bill could help maintain and preserve Upton Monument, and war memorials throughout nation, for generations

By Howard B. Owens
claudia tenney upton monument
Rep. Claudia Tenney, at the site of the Soldiers, Sailors, and Marines Monument in Batavia.
Photo by Howard Owens.

Take any object -- a house, office building, highway, bridge, car -- all will eventually fall apart if not properly maintained. 

The same is true of war memorials, the monuments communities erect to honor their war dead and help tell the history of their hometowns.

Rep. Claudia Tenney has co-authored a bill she hopes will help communities preserve those sacred monuments so the legacies they are meant to honor live on well after we're all gone.

The Remembering Our Local Heroes Act, co-sponsored by Rep. Chris Pappas from New Hampshire, allocates $2 million a year over five years that will act as matching funds for community groups to mount efforts to preserve war memorials as well as monuments honoring those who served in law enforcement and fire services. 

If a community group, such as a veterans group or a Boy Scout troop, can raise $10,000, for example, the group can apply for a grant of up to $20,000, which would result in a total of $30,000 for the project. If $150,000 is needed for the project, the group would need to raise $50,000.  The maximum federal grant under the bill, which is still pending in committee, would be $100,000 per project.

"We really would love to be able to do this," Tenney said. "There are so many areas where you go to, especially throughout my district, where you see these beautiful old monuments, including your Soldiers, Sailors, and Marines Monument that you have here, the Upton Monument, that could definitely be upgraded and cleaned and maintained. A lot of these monuments really aren't being maintained, especially the monument for our heroes."

Tenney stopped in Batavia on Saturday to visit the Upton Monument and discuss her bill with The Batavian.

"This (bill) would allow the federal government to participate in helping maintain veterans memorials and remembering local heroes," Tenney said.

In order to unlock access to the federal grant, all of the money to preserve a monument would need to come from private donations. Local governments could not help fund the project.

The bill combines twin interests and passions for Tenney, recognizing the sacrifices of those who have served their nation and their communities, and history. During the interview, she talked a good deal about Upstate New York's rich history and its contributions to creating the nation during the Revolution, the abolitionists of New York who helped free the slaves, most notably with the Underground Railroad, but also leading figures Frederick Douglas and Harriet Tubman, and New York's efforts to preserve the union during the Civil War and its role in the War of 1812.

"I brought Burgess Owens (to New York), who is a Republican, former football player, a Black Republican, whose hero is Harriet Tubman, his whole life, and he never knew that Harriet Tubman had a house in Auburn," Tenney said. "So I brought him in, and we went everywhere. He was amazed. We did the full tour. We went to all the different sites. And he was like, 'Wow, I can't believe this.' You know, we have such a rich history."

The germ of the bill began when Tenney served in the New York State Legislature, and she learned that Vietnam Veterans often have a hard time unlocking support that's available to other veterans groups because of the lingering controversies of that war.  During that time, she visited a group that wished to build a Vietnam memorial, but they couldn't access federal funds.  When she was first elected to Congress, she introduced the first version of this bill designed to allow any community group that takes on the task of ensuring local heroes are appropriately honored to tap into a small pot of federal funds to assist the effort.

"We (New York) were critically important in all the wars, whether it's the Revolutionary War, the Civil War, the War of 1812," Tenney said. "I think it's important that we know our history."

The Upton Monument was dedicated in August 1919 (see the 100th-anniversary documentary produced by The Batavian embedded below), with construction funded by donations and contributions from the city of Batavia and Genesee County.  It was constructed by Wardon Monuments, a company that built monuments throughout the northeast, including Gettysburg, and had its headquarters on Evans Street in Batavia.  Officially, it is the Soldiers, Sailors, and Marines Monument, but it carries a bronze statue of Civil War hero Gen. Emory Upton, who was from Batavia.

At 105 years old, it shows some age -- discolored bronze and cracks in the stone, including a large chunk of granite missing from the base.  There has been no known effort over the past several years -- and The Batavian has made inquiries -- among either private groups or the county government to take steps to ensure it is maintained and preserved.

That isn't unusual in her NY-24 district, Tenney indicated, because local governments are so cash-strapped these days.

On Memorial Day and Veterans Day, Tenney said she often goes for a ride on her motorcycle through the district and will stop at various memorials along her route.

"I'll drive around to the monuments and just kind of place a little flag or just kind of see what condition they're in," Tenney said.  "I did that a couple of years ago, I didn't last year, but I did that, and it was just really interesting to see how many people actually do care about what's in their community. But there's no money, and all these local governments are strapped with unfunded mandates from the state and all these other issues, so we have this as something that is supplemental."

When we remember our history, Tenney noted, it binds us to our community and it teaches our children the value of their community.

"If you don't remember the people who really founded your community, the principles that it was founded upon and that people actually served, died, sacrificed, lost life and limb, I think that really sends a message," Tenney said. "We want to send a message to our young people that their community is worth something and that they should be proud of their community, of the people that founded it."

Remote video URL

Photos by Howard Owens.

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Sales of Phil Pies' bobblehead raises $2,500 for Crossroads House so far

By Howard B. Owens
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Phil Pies, Debbie Paine, and Tom Finn.
Photo by Howard Owens.

The Furniture Man's official bobblehead has been a hit, helping Max Pies Furniture raise $2,500 so far for Crossroads House.

Phil Pies, whose head bounces on the bobblehead, presented a check on Monday to Tom Finn, the Crossroads House board of directors president, and Debbie Paine, house manager.

There are still bobbleheads available at Max Pies, which is located at 400 South Jackson St., Batavia.

The bobblehead is a project of Max Pies Office Manager Peggy Cancelmi, who worked with Tom Brown at AdStuff to come up with the fundraising idea.

Previously: Baseball stars and famous furniture men, all eventually get their own bobblehead

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Phil Pies.
Photo by Howard Owens.

Joseph Graff seeking GOP nomination for Sheriff's election

By Howard B. Owens
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Chief Deputy Joseph Graff, Genesee County Sheriff's Office, during the 2023 Stuff the Cruiser event in Batavia Towne Center.
File photo by Howard Owens.

Press release:

Chief Deputy – Criminal Investigation Division Joseph M. Graff will seek the Republican Party endorsement for the 2024 election for Genesee County Sheriff. 

Chief Deputy Graff, 50, has nearly 25 years of experience in local law enforcement in Genesee County.  He began his law enforcement career in March 1999 as a Probation Officer with the Genesee County Probation Department, and in February 2004, was appointed Deputy Sheriff with the Genesee County Sheriff’s Office.  In 2015, he was promoted to the position of Investigator, and in 2017, he was promoted to the position of Chief Deputy – Road Patrol.  Chief Deputy Graff then accepted the position of Chief Deputy – Criminal Investigation Division in 2019, a position he currently holds.  The two Chief Deputy Positions he has held are the highest-ranking administrative positions within the Sheriff’s Office Police Bureau, directly under the Sheriff and Undersheriff.   

Chief Deputy Graff is a graduate of the Niagara County Law Enforcement Academy, where he attended the New York State Division of Criminal Justice Services - Basic Course for Police, receiving his certification as a police officer.  He received the Academic Achievement Award and was also honored with the Joseph E. Steblein Award, which is given to the top overall graduate in the academy class.  Over the course of his career, Chief Deputy Graff has attended trainings that include Interviewing and Interrogation, Criminal Investigations, Use of Force, New York Law Enforcement and the Law - Updates Practices and Procedures, Patrol Interdiction, Advanced Roadside Impaired Driving Enforcement, Child Forensic Interviewing, Advanced Homicide – Violent Crime, National Incident Management, and Police Supervision.

Chief Deputy Graff holds credentials as a New York State Department of Criminal Justice Services Instructor and has served the Sheriff’s Office as an instructor of Aerosol Subject Restraint, ASP/Baton, General Topics, Electronic Control Devices, and Firearms.  He is a member of the Genesee County Threat Assessment Committee and has been a Field Training Officer as well as a former member of the Emergency Response Team. 

Over his career, Chief Deputy Graff has received departmental recognition awards including Officer of the Year in 2007, two Commendations, two Meritorious Service awards, and has also been the recipient of the Kiwanis Club of Batavia Criminal Justice Award.  He is experienced in overseeing the Road Patrol Bureau, as well as criminal investigation operations of the Sheriff’s Office, the Sheriff’s Office budget, equipment purchasing, administration of grants, coordinating departmental training, internal investigations, and selection of new hire personnel. 

Chief Deputy Graff is a lifelong resident of Genesee County.  He graduated from Notre Dame High School and received his Bachelor of Arts degree from St. John Fisher University.  He and his wife, Erin, are proud parents to three daughters, Gabrielle, Gianna and Lila. 

“If endorsed and elected Sheriff, I will continue my commitment to provide a safe, stable, and secure community for the residents of Genesee County.  I look to advance the Sheriff’s Office in step with the future of public safety and maintain the tradition of service from the Genesee County Sheriff’s Office,” Joseph Graff, Chief Deputy.

Photos: Batavia High School hosts annual winterguard competition

By Howard B. Owens
batavia winterguard

Batavia High School hosted a winterguard competition, as it does annually, on Saturday.

Winterguard is the indoor version of color guard, and the teams are judged on the effectiveness of their program, including colors and props selected for the performance, on dance technique, equipment used, and the speed and efficiency of setting up for their performance and removing their set after the performance.

Photos are of Batavia's cadet team. The varsity squad performed later in the evening.

Photos by Howard Owens.

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Batavia resident sustains life-altering injuries in skiing accident, friends stepping up to assist

By Howard B. Owens
JT Turnbull
JT Turnbull

JT Turnbull, a lifelong Batavia resident, was seriously injured in a skiing accident on Jan. 27, and his friends have stepped forward to help raise money to assist him once he's released from the hospital.

Turnbull, who sustained a broken back in the accident, may never walk again.  He is likely paralyzed from his waist down.

He is expected to be at Erie County Medical Center for four to six weeks, undergoing treatment and physical therapy.

Once released, his home will require modifications to make it more accessible. 

Friends have established a fundraising effort on GoFundMe, and according to the page, Turnbull lost his skis and hit a pole, slamming into it backward at 40 mph.  He had disks in his back shattered, a broken foot, and a dislocated shoulder.

Since the accident, he has undergone multiple surgeries.

Turnbull graduated from Batavia High School in 2018, where he played hockey, anchoring the team as the goalie. He attended Siena College for two years, where he also played hockey, before transferring to the University at Buffalo, where he earned a degree in history.

After college, he went to work for the Tompkins Insurance Agency, where he has remained employed.

His parents are Tom and Michelle Turnbull.

Tom was a long-time publisher of the Batavia Daily News before becoming president of the Genesee County Chamber of Commerce. He retired from that job a couple of years ago.  Michelle is a retired physical education teacher who continues to sub for BOCES.  Both have been active volunteers in the community, with Tom serving in the Batavia Rotary Club, including running the annual baseball tournament, and Michelle being involved in parent volunteer groups and sports boosters.

The GoFundMe page set a goal of raising $50,000 to assist JT.  Over the course of the first day, it's already raised nearly $30,000 from 231 donors.  For more information, click here.

Three people charged with drug dealing after Dellinger Avenue raid

By Howard B. Owens
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Pierre Humphrey

A raid on a residence at 36 Dellinger Ave., Batavia, on Friday morning led to the arrest of three people on drug-related charges, according to the Sheriff's Office.

The raid was the result of a warrant issued following an investigation by the Local Drug Task Force.

The Emergency Response Team assisted in the apprehension of the suspects, leading to Dellinger being closed to civilian access for about 45 minutes on Friday.

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Malinda Falk

Taken into custody were Pierre Mahon "GameChanger" Humphrey, 33, of Trentall Street, Rochester, Malinda June Falk, 42, of Dellinger Avenue, Batavia, and Matthew J. Reed, 39, of Ellicott Street, Batavia.

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Matthew Reed

All three are charged with two counts of criminal possession of a controlled substance in the third degree (with intent to sell), a Class B felony, Criminal Possession of a controlled substance in the third degree (in excess of one-half ounce), a Class B felony, and criminal use of drug paraphernalia in the second degree, a Class A misdemeanor.

The three suspects were arraigned in City Court. Humphrey was ordered held without bail. Falk and Reed were released under supervision.

Assisting in the investigation and arrest were the Sheriff's Office, Batavia PD, City Fire, and the District Attorney's Office.

Rochester man accused of burglarizing residence in Elba

By Howard B. Owens
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Omar Carera

A 40-year-old Rochester resident is accused of committing a late-morning burglary at a residence in the Town of Elba on July 7.

Omar Cabrera is charged with burglary in the second degree, a Class C felony, three counts of burglary in the third degree, a Class D felony, criminal mischief in the third degree, a Class E felony, and petit larceny, a Class A misdemeanor.

At 11:47 a.m. on July 7, the Sheriff's Office received a report of a burglary at a residence and a detached building on the property. Deputy Jermey McClellan responded and conducted the initial investigation.  Investigators Ryan DeLong and Howard Carlson then responded, collecting photographs and physical evidence. 

Cabrera was identified as the suspect during the course of the investigation. 

He is accused of entering the residence unlawfully and in the process, causing property damage in excess of $250 in value.  He is accused of stealing copper fittings. He is accused of entering the detached building with the intent of committing a crime once inside.

On Jan. 31, Cabrera was located in Rochester with the assistance of the U.S. Marshal's Task Force, and transported to Genesee County and held pending arraignment.  Once arraigned, he was ordered held on $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond.

Law and Order: Batavia woman accused of falsely reporting sexual assault

By Howard B. Owens

Kaila S. Smith, 27, of Batavia, is charged with filing a false written statement and falsely reporting an incident. Smith is accused of falsely reporting a sexual assault on Jan. 5. She was arrested on Jan. 13 and issued an appearance ticket.

Michael A. Sweet, 37, of Batavia, is charged with grand larceny 4th. Sweet is accused of taking payment to complete renovations on a residence in Batavia and then never completing the work. He was issued an appearance ticket.

Maverick X. Cook, 18, and Patrick J. Peters, 18, both of Batavia, are charged with open burning. Cook and Peters are accused of starting several fires on sidewalks and parking lots in the area of Ellicott Street and Liberty Street, Batavia, in December. Both were issued appearance tickets.

Darrell Laverne McFadden, 53, of Clinton Street Road, Batavia, is charged with assault 2nd. McFadden is accused of causing serious physical injury during a fight at 12:30 p.m. on Jan. 19, at a location on Clinton Street Road. He was jailed pending arraignment.

Jessica B. Eschenlauer, 34, of Batavia, is charged with burglary 2nd, criminal contempt 2nd, and aggravated family offense. Eschenlauer is accused of being inside a residence in violation of an order of protection. She was arraigned and released.

Roger M. Hofmeier, 22, of Batavia, is charged with criminal possession of a weapon 3rd. In July 2022, Hofmeir was allegedly found in illegal possession of a firearm. He was arrested on Jan. 11, arraigned in City Court, and released under supervision.

Nikkia M. Blackshear, 26, of Batavia, is charged with trespassing. Blackshear is accused of refusing to leave 7-Eleven on Jan. 20. She was issued an appearance ticket.

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 charged following a traffic stop on Jan. 18 on Ross Street, Batavia. She was allegedly found in possession of narcotics and a scale. She was issued an appearance ticket.

Vincent J. Disalvo, 48, of Webster, is charged with harassment 2nd and trespassing. Disalvo is accused of kicking another person during a fight in the 7-Eleven Parking lot. He then allegedly entered the store after being told he wasn't allowed in the store. He was issued an appearance ticket.

Anthony A. Bomasuto, 29, of Batavia, is charged with criminal obstruction of breathing. Bomasuto is accused of being involved in an incident on Jan. 15 on Ellicott Street, Batavia. He was arraigned and released.

Trace G. Brewer, 23, of Batavia, was arrested on a warrant. Brewer was wanted on charges of petit larceny and conspiracy 6h.  She was allegedly involved in a theft with another person of merchandise from 7-Eleven. She was arraigned and released.

Lorrie Beth Fischer, 45, of Park Road, Batavia, is charged with misapplication of property. Fischer is accused of possessing another person's property on Dec. 29 and, rather than returning it, selling it. She was arrested by Deputy Mason Schultz on Jan. 22. She was issued an appearance ticket.

Nicole K. Dell, 38, of Silver Springs, was arrested on a warrant on Jan. 25. Dell was initially arrested on May 23, 2022, and charged with DWI. The warrant was issued after she allegedly failed to appear in court. Dell was arraigned and released. 

Jacob J. Frayne, 26, of Darien, is charged with aggravated DWI and aggravated unlicensed operation. Frayne was charged following a traffic stop on Jan. 26 on Pearl Street, Batavia. He was issued an appearance ticket.

Takari G. Lang-Smith, 22, of Batavia, is charged with DWI. Lang-Smith was stopped on Jan. 28 at an undisclosed location by Batavia PD. He was issued tickets and released.

Richard M. Fuhry, 42, of Brockport, is charged with DWI. On Jan. 20, Batavia patrol offices were dispatched to North Park and Ross Street for a report of a fight in the street. Fuhry was accused of being involved in the fight and then located driving on Seneca Avenue. He was issued several tickets.

Brian J. Hawkins, 44, of Olean, was arrested on Jan. 22 on two warrants issued by City Court. The first was a bench warrant related to an incident in 2019 where he allegedly provided alcohol to a person under the age of 21. The second warrant was an arrest warrant for Bail Jumping 3rd. Hawkins was arraigned and released.

Tanika N. Avant, 22, of Batavia, was arrested on Jan. 22 on a warrant issued by City Court. The warrant stemmed from an incident in April of 2023 where she was charged with two counts of harassment 2nd and one count of endangering the welfare of a child after a disturbance call on Bank Street. Avant was arraigned in City Court and remanded to the Genesee County Jail. 

Johnny Burton Koonce, Jr., 33, of Federal Drive, Batavia, is charged with criminal contempt 1st, aggravated unlicensed operation 3rd, and failure to stop at a stop sign.  Koonce was stopped at 1:53 a.m. Jan. 20 by Sgt. Mathew Clor.  The passenger in the vehicle was somebody Koonce was allegedly supposed to not contact by court order. He was held pending arraignment.

Shanaya Nichole Brooks, 22, of Route 438, Gowanda, is charged with criminal mischief 3rd. Brooks is accused of striking the side of a house on Jan. 19 on East Road, Batavia, causing damage. She is also accused of trying to force her way into the house, causing damage. She was held pending arraignment.

Samantha Rae Balduf, 31, of Grant Street, Depew, is charged with petit larceny.  Balduf is accused of switching the price tag on a piece of merchandise at a retail store on Veterans Memorial Drive (the name and location of the store was withheld by the Sheriff's Office) at 1:03 p.m. on Jan. 19. She was issued an appearance ticket.

Isaac Floyd, Jr., 59, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Floyd was stopped at 12:07 a.m. on Jan. 24 on West Main Street Road, Batavia, by Deputy Jacob Kipler. Floyd was released on tickets.

Joel David Proudy, 37, of Rochester Street, Bergen, is charged with criminal contempt 1st. Proudy is accused of violating a full stay-away order of protection at 10:50 a.m. on Jan. 17 at a location on West Main Street, Batavia. He also had multiple outstanding warrants. He was held pending arraignment.

Joseph Peter Mancuso, 35, of Deerfield Drive, North Tonawanda, is charged with criminal contempt 1st. Mancuso is charged with violating a stay-away order of protection at 5:30 p.m. on Jan. 20 at a location on Roberts Road, Alabama. He was arraigned and released under supervision.

Steven James Dunham, 35, of Main Street, Corfu, is charged with failure to verify address within 90 days as a Level 3 sex offender. Dunham was arrested in January and held for arraignment.

Steven Kenneth Maskell, 31, of North Byron Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and driving while using a portable electronic device. Maskell was stopped at 11:30 p.m. on Jan. 21 on Lockport Road, Oakfield, by Deputy Morgan Ewert. He was issued an appearance ticket.

Robert Paul Gerspach, 67, no specified address, Buffalo, is charged with driving while impaired by drugs, aggravated unlicensed operation, driver's view obstructed, failure to keep right, and moving from lane unsafely.  Gerspach was observed by an off-duty deputy driving in an alleged unsafe manner at 11:22 a.m. on Jan. 24.  He was stopped and arrested by Deputy Austin Heberlein. He was released on an appearance ticket.

Guillermo Guadalupe-Vasques, 44, of Crimson Drive, Canandaigua, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and moving from lane unsafely. Guadalupe-Vasques was stopped at 8:44 p.m. on Jan. 24 on West Main Street Road, Batavia, by Stephen Smith. He was processed at the Genesee County Jail and released.

Mckenzie Leigh Stogsdill, 32, of East Main Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, no headlights, and no tail lamps. Stogsdill was stopped at 1:44 a.m. on Jan. 27 on Park Road, Batavia, by Sgt. Mathew Clor. Stogsdill was released on appearance tickets.

Jessica R. Parker-Sharkey, 30, of South Butler Road, Savanah, is charged with criminal possession of stolen property 4th and criminal possession of a controlled substance 7th. Parker-Sharkey was arrested in Virginia Beach, Va., and extricated back to Genesee County. She was arraigned in Town of Batavia Court and released. The charges stem from allegations in April 2023 that she was in possession of a stolen car and a controlled substance. Following her release, she was turned over to Rochester PD on warrants.

Michael Curtis Smith Jr., 31, of Batavia, is charged with petit larceny. Smith is accused of stealing an electric scooter from Walmart at 5:30 p.m. on Jan. 24. He was processed at the Genesee County Jail and released on an appearance ticket.

Joseph Michael Petix, 66, of Shorecliff Drive, Rochester, is charged with DWI, criminal possession of a controlled substance 7th, stop sign violation, breath test refusal, and consumption of alcohol while driving. Petix was stopped at 9:53 p.m. on Jan. 28 on Clinton Street, Batavia, by Deputy Travis DeMuth.  He was allegedly found in possession of cocaine. His release status was not reported.

Letter to Editor: City looking to extract more funds from taxpayers

By Howard B. Owens

Letter to the editor from Donald Weyer:

"Oh, no, I've said too much, I haven't said enough." - Credit to R.E.M. I'm back, are you ready for some more? So, here goes.

The City of Batavia government, honorable city manager, and respected City Council are ganging up on us city taxpayers and marching forth, hi ho, with hats in hands, to get us to cough up payment for unfunded city services! Well, I'll be! I never knew I could get so many more city services, for things that I, or you, don't currently fund. Or maybe even need? Anyway, thank you, thank you!

Seems that most of them are in Public Works and the Water Department. Pay for job-related operating licenses and fees for city employees? What's next, pay for their driver's licenses, vehicle registrations, and work clothes? Come on, we already foot the bill for their heavy equipment, their hand tools, their paperwork, and their pens and pencils and erasers to fill out and correct that paperwork! Pay a stormwater fee? Who or what produces that type of water, and puts it in the streets? No problem, I always suspected all of us had a numinous aspect to our beings. Unfilled city job positions? Well, if they're unfilled, they're unfunded, so why worry about funding them? You'll just end up with more employees that you'll have to keep an eye on and pay fringe benefits to and to get yet more funds to do all this. Work with what you've got.

I'm confused! I certainly hope that we're not playing word games here or swimming in semantics. With all this recent language spoken forth from One City Centre, I feel like I'm living in a house (city) of mirrors or being spun around on a whirlygig or riding on a Merry-Go-Round or stumbling about in a Funhouse (city, again) or being conducted on a boat through Laugh-in-the-Dark and moved along by the aforementioned stormwater (of the city, yet again)!

So get this: City Manager Tabelski is proposing that these unearthed newly-discovered fees and unfunded funds be called programs and/or plans and/or programming. Is that like we pay for a program when we attend an event, which guides us through the event (theatrical play, baseball game, etc.)? Or when we buy a medical treatment or financial investment plan to pay for services covered under that plan? 

Finally, I always thought programming is what one did to a computer or a radio or TV station with its music-play or situation-comedies, respectively. Got it, hmmm, I think, highly-regarded Rachael. But wait a minute, those programs and plans and programming are optional. We can take them or leave them. Will Rachael offer the newfound city fees with an optional choice? If so, guess how many of us city taxpayers will decline the optional programs and plans and programming. I'll lay my wager on all of us.

I need now to list two famous quotations for the revered Rachael, Batavia's City Manager:

  1. First, from Gertrude Stein - "A rose is a rose is a rose is a rose."
  2. Second, from William Shakespeare - "What's in a name? That which we call a rose, by any other word, would smell as sweet."

Reader, please feel free to substitute "fee" for each rose in the two quotations!

"Now I've said too much." - "Trying to keep up with you, And I don't know if I can do it" (again, credit R.E.M.), following the City Council and Manager 2024 budget reviews.

"Plain truth is nothing Nothing but the plain truth" (according to Gentle Giant), and I guess it is the best, and only, advice to offer the players/protagonists in the budget reviews!

Get a whiff of some recent worrisome and noisome rumblings and mumblings emanating from the environs of city budget review rooms:

  1. "Unfunded supplies, positions, studies, equipment, and capital projects. My metabolically slow brain finally gets it, I think. These are all items on a Batavia City Hall wish list. As soon as the ruling city fathers and mothers can finagle or finesse these items with harmless, neutral words, such as "program," "plan," and "programming" (the three P's in the quiver of present-day city management theory, so to say), and to forget dangerous or obnoxious words, such as "money," "taxes," and "fees" (don't dare call them that!), then voila, the city can release its arrows to "fund" them, sort of like on a "flow chart," with us, Batavia's citizens, the targets. Fund with what? You guessed it: city taxpayers' bank accounts! Easy, peasy.
  2. That old city bogeyman: Genesee Country Mall! Let me get this right, feel free to correct me if I'm wrong. The city of Batavia has foreclosed.

Letter to the Editor: First Amendment forgotten in eagerness to settle Kate Long case

By Howard B. Owens

Letter to the Editor by Donald Weyer:

I note that Kate Long has had the criminal harassment charge against her, brought by the Batavia Board of Education, put on pause, potentially resulting in wiping the slate clean, in contemplation of dismissal, all via a plea agreement or deal (deal is my characterization), and I emphasize the deal aspect, as if that is necessarily an honorable thing to make or do, as in the devil went down to Georgia, telling Johnny "and he was willin' to make a deal," boy.

I refer to The Batavian report of Jan. 25. Please also refer to my previous comments on this case in The Batavian, Opinion section, posted Dec. 28.

Ms. Long's defense attorney, Tom Trbovich, decided to circle the wagons to get an easier resolution, a good disposition, for his client, and in the process, not antagonize the office (I assume the Genesee County District Attorney Office). This, in Trbovich's thinking, was accomplished by NOT mounting a constitutional, First Amendment challenge to the harassment charge.

Some further comments by me:

  1. What, this attorney is practicing in the Old West, as evidenced by his resurrection of a Gunsmoke/Annie Oakley-like language reference to wagon-circling (I picture Trbovich taking refuge behind 6-8 Conestoga wagons in the American West, while being assailed by arrows shot from the bows of the District Attorney)? Is the defense totally abject at the mercy of the prosecution? That's not what I learned in school civics class!
  2. Alternatively, what's all this about antagonizing? Doesn't a defense attorney have a naturally and necessarily oppositional (antagonistic), call it adversarial, relationship to the prosecuting District Attorney Office (from the dictionary acceptable definition of antagonize)? Wasn't that what we were taught in civics class in school?
  3. I wasn't aware that the purpose of our legal system was to ensure a good disposition and easier resolution for all parties. I thought the aim of the legal system was to ensure justice for all parties. And that good/easier and justice were not equivalent, the same in every case. This is from the civics class, too.

This entire criminal case has so many missteps, mistakes, misassumptions, and mispronouncements in its travels, making its way, wending by turns through our justice system, that I conclude that a mistrial should be declared by its judge, Durin Rogers. And have it start over by focusing on the only and real and important issue of the case: Ms. Long's First Amendment right to petition a government agency, the Batavia Board of Education, for redress of her grievance concerning the education of her child. She had a legitimate purpose, which was to secure a quality education for her child; an annoyance that the education system was not providing her child with that quality education; and finally, it was alarming to her that the system could not find a qualified teacher to instruct her child! Maybe she overdid it, but that may just signal her sincerity, her seriousness, in pursuing that purpose to the extent that she did!

Goodwill cuts ribbon on expanded retail space, drive-up donation center at Batavia location

By Howard B. Owens
goodwill batavia ribbon cutting
Goodwill officials and Chamber of Commerce leaders celebrate the store's expansion in Batavia on Friday morning with a ribbon cutting.
Photo courtesy WBTA.

Batavia's Goodwill store at 4152 West Main St. celebrated its expansion Friday morning with a ribbon cutting hosted by the Genesee County Chamber of Commerce.

The expansion doubled the thrift store's retail space and added a covered drive-up donation center.

Goodwill has operated at its current location since May 2013 and has been expanded from 9,285 to 21,506 square feet and now has 18 full- and part-time employees.

Goodwill officials say the location is now one of the agency's largest in Western New York.  It features an open layout allowing it to expand space for donated men’s, women’s, and children’s clothing. The store also features a broad array of previously owned housewares, decorative items, small appliances, electronics, and furniture.  

“With individuals and families looking for ways to cut their clothing and household budgets, we are proud to be able to expand our offerings in Batavia,” said Thomas Ulbrich, Goodwill of Western New York president and CEO, in a statement. “We serve a very wide range of customers from all across Genesee County, and we are proud to be a resource for families in such a great community.”

The drive-up donation center is on the side of the building facing Main Street and offers donors a quick and convenient -- and covered -- way to donate gently used, unwanted items to the store to support workforce development programs across the region.

The story is open from 9 a.m. to 8 p.m. Monday through Saturday and 10 a.m. to 5 p.m. on Sundays.

First local black barbershop owner holds open house to mark start of Black History Month

By Howard B. Owens
brandon-armstrong-royals-barber-shop
Royals Barber Shop owner Brandon Armstrong with barbers Julio Vazquez and Stephen Wapniewski
Photo by Howard Owens.

As far as Brandon Armstrong knows, his is the only black-owned barbershop, in Genesee County.

In honor of Black History Month, Armstrong held an open house on Thursday morning, with coffee and donuts, to both celebrate the month and to officially unveil his new logo and new business model for Royals Barber Shop at 317 Ellicott St., Batavia.

When Armstrong opened his first barbershop at Ellicott and Liberty (now Eden Cafe) in 2011, it was likely the first new barbershop in Batavia in a number of years, after a long period in which stylists were in vogue and barbers were passé. In the years since, four or five new barbershops have opened locally, though a couple didn't last long.

More than a dozen years since that first venture, Armstrong is still in the barbering business, and he says he's stuck with it both because it's a lucrative business and because he enjoys it.

"I feel like it's one where you can be yourself a little bit more," Armstrong said. "It's nothing too uptight, but it's still super professional. You can still be yourself. A lot of it's not really too hard of work, I feel like, but it still can be hard work. It's an equal balance of everything."

The new logo comes with a change in the business that he hopes will serve the business better, his customers better, and his employees better.  Unlike most salons and barbershops, his barbers are members of the staff, earning an hourly rate plus commissions.  It's no longer like they own their own businesses, with all the consequences and responsibilities that go with being self-employed, but they're getting a regular paycheck.

"Now they're bankable barbers -- that's my thing, being bankable barbers," Armstrong said. "Being bankable barbers means they will be able to bring their pay stubs to the bank and get a house or get a loan for a car."

Armstrong said with employees instead of contractors, he will be able to better maintain regular hours, which will benefit customers.  Also, with booth rental, there is also a cap on how much money can flow into the business.

"From what I'm learning is that you can't really scale the business, if you aren't being able to profit the right amount and put it back into your business," Armstrong said. "This way, we're able to get some money flowing through the business and be able to get loans for the business. It means being able to scale the business."

Now that he's a proven entrepreneur with a track record of success, what advice does he have for young people in the community, particularly people of color, in light of Black History Month, who are drawn toward going into business for themselves?

"Be the best that you can be," Armstrong said. "Work the hardest. You can outwork your competition. Whatever you're involved with, you have to practice at it, and you have to become the best at what you do. Try to be the best at what you do. Practice makes perfect. Whatever it is that you're involved in, make sure you're practicing and working hard, and it'll pay off."

brandon-armstrong-royals-barber-shop
Photo by Howard Owens.

Police close Dellinger Friday morning for execution of warrant

By Howard B. Owens

The Emergency Response Team was deployed on Dellinger Avenue early this morning to assist Batavia PD with the execution of a warrant, Police Chief Shawn Heubusch said.

The police department announced at 7:15 that Dellinger was closed to public access.  The street was reopened at about 7:50 a.m.

Heubusch said there were no difficulties during the operation, and there were no injuries.  He said more information will be released later today.

Batavia High's Rock Band class proves its chops and popularity with Thursday evening concert

By Howard B. Owens
Some members of first block rock band, jam out tunes for parents and families.  Photo by Steve Ognibene
Some members of First Block Rock Band perform for parents and families.  
Photo by Steve Ognibene

Music teacher Dan Grillo thinks maybe, as much as it pains him to say it, rock 'n' roll music is a dying art form.

That isn't apparent from the way students at Batavia High School have embraced his elective class, Rock Band.

In the nine years since he started the program, the course has grown from one class with a handful of boys who typically didn't own their own instruments to two packed classes with many students bringing in their guitars. 

"(That first year) we had three of the same exact guitars, three of the exact same basses, and we actually started with an electric drum set," Grillo said. "Now, as you know, we have our own nice acoustic drum set."

The program has encouraged many kids to get their own guitars, Grillo said, "which is really good."  Another sign of growth -- he doesn't have to sing all the songs any more.

"We started on one song and just kind of worked that song for a while, but none of the boys wanted to sing," Grillo said. "I had to sing it. I had to sing pretty much everything that year."

There are 25 members in three bands.

Rock band class in high school music departments is still kind of a rare thing in the area, Grillo said, so he isn't sure the program will ever grow to the point where -- like for other music genres at the high school level -- there are competitions and festivals.

"It's still kind of a niche thing," he said.

The most telling way things have changed is the engagement of the students.

"As I mentioned in our concert tonight, a lot of the students are suggesting and writing up songs for us," Grillo said. "This is not all just my contributions in terms of -- I thought of a good song, I thought it would be good for the kids, and I gave it to them. A lot of these were songs that the students championed. And that means a lot that they're that invested that they want a say in the music that we're playing and performing."

The students pitching their own favorite songs evolved out of, well, students pitching their own favorite songs and Grillo deciding to students owning their ideas.

"I would have students come to me every day, and they're like, 'You know what song we should do? You know what song we should do? You know what song we should do?' And I got sick of hearing it," Grillo said. "I finally said, 'Look, if you want to do a song, you write it up. I'm not going to write it up. I don't have that kind of time.' Okay, it takes a good half hour to write these songs up (as guitar tablature) because you got to make sure the lyrics and the chords and all that stuff is right, that they're in the right place, that they work. So it does take some work to write up those songs. So the fact that the students are doing some homework is also pretty telling."

The program is popular all over campus, Grillo said. The rock bands occasionally play lunchtime concerts in the auditorium and they're well attended.

"Everybody likes it," Grillo said. "It's not just students that come in. It's faculty and support staff. It's pretty popular with everybody in the building. So we get a lot of support. We're always being asked to do different gigs. We've been asked to perform at open houses; we've been asked to perform like we did the wrestling match this year and last year, we did a wrestling match. ... So it's very popular even though, like I said, rock is kind of a dying style. I used to do barber shop and that's even more so a dying style."

To view or purchase photos, click here.

Steve Ognibene conducted the interview for this story.

Addison Glynn and Faith Guiste on vocals.  Photo by Steve Ognibene
Addison Glynn and Faith Guiste on vocals.  
Photo by Steve Ognibene
Ben Stone, guitar  Photo by Steve Ognibene
Ben Stone, guitar  
Photo by Steve Ognibene
Left to right, Evan Kimball, Isaiah Benway-Snyder and Elijah Abdella on guitar  Photo by Steve Ognibene
Left to right, Evan Kimball, Isaiah Benway-Snyder and Elijah Abdella on guitar  
Photo by Steve Ognibene
Ethan Bradley, guitar  Photo by Steve Ognibene
Ethan Bradley, guitar  
Photo by Steve Ognibene
Gavynn Trippany, drums  Photo by Steve Ognibene
Gavynn Trippany, drums  
Photo by Steve Ognibene
Tommy Gaylord, bass guitar  Photo by Steve Ognibene
Tommy Gaylord, bass guitar  
Photo by Steve Ognibene
Rock Band, music director, Mr. Daniel Grillo  Photo by Steve Ognibene
Rock Band music director, Mr. Daniel Grillo  
Photo by Steve Ognibene

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