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Photos: Opening of MLK Day hoops showcase at BHS

By Howard B. Owens

Hoops fans can get their fill at Batavia High School this afternoon and evening with both the boys and the girls varsity teams, as well as the JV teams, competing today.

Right now, the girls teams are playing Greece Odyssey and the boys teams play East Aurora at 5:45 p.m.

The unique double-header is billed as the Martin Luther King Jr. Basketball Showcase and it's a first-time event for BHS, but Athletic Director Mike Bromley said he hopes it will become an annual event.

Law and Order: Le Roy man accused of stealing co-pays at doctor's office

By Howard B. Owens

James Mitchell, 35, of Le Roy, is charged with petit larceny. Mitchell was arrested following a months-long investigation by the Livingston County Sheriff's Office into reports of stolen co-payments at a doctor's office where Mitchell worked in Avon. The investigation took time, according to LCSO, because of lengthy billing cycles and victims coming forward. Mitchell was allegedly stealing co-pays as patients checked out at their physician's office. The investigation was conducted by Deputy Dan Rittenhouse, Deputy Ross Gerace, Deputy Steph Schroeder and Deputy Mike Yencer.

Kelly M. Zwolinski, 34, of Broadway Road, Darien, is charged with criminal possession of stolen property, 4th, and resisting arrest. Zwolinski was identified as a suspect in possession of a stolen horse saddle that was taken from a farm in Niagara County and an arrest warrant was issued. When Deputy Kevin McCarthy and Investigator William Ferrando attempted to place Zwolinski under arrest, she allegedly resisted arrest.

Darlene Ann Kingdollar, 51, of South Pearl Street, Oakfield, is charged with petit larceny. Kingdollar is accused of entering the 7-Eleven store in Oakfield while intoxicated and after she was denied the purchase of alcohol, she allegedly left the store with a can of beer without paying for it.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with stalking, 4th, and criminal contempt, 2nd. Brade allegedly violated an order of protection.

Mark J. Price, 37, Township Road, Ashland, Ohio, was arrested on a warrant for alleged failure to appear for an alleged traffic violation in Batavia City Court. Price was aprehended during a traffic stop in the Village of Attica. Price was issued an appearance ticket.

Jeffrey A. Pionessa, 32, of Glenwood Drive, Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone. Pionessa was stopped at 2:30 a.m. Sunday on Law Street, Batavia, by Officer Arick Perkins. Pionessa allegedly had a BAC of .11.

A 17-year-old resident of Trumbull Parkway, Batavia is charged with criminal mischief, 4th, and harassment, 2nd. The youth is accused of damaging the mobile phone charger of another person by throwing it against a wall and grabbing the arm of the alleged victim and pushing the person's face.

John K. Rolls, 34, of Mill Street, Batavia, is charged with two counts of forcible touching. Rolls is accused of forcibly touching a 17-year-old girl on Jan. 7. Rolls is incarcerated in the Genesee county Jail on an unrelated matter and was issued an appearance ticket.

Brad Strzelecki, 19, of Hunter Street, Bergen, is charged with unlawful possession of marijuana. Strzelecki was reported at a location on Bank Street at 10:01 a.m. Jan. 13 when he was allegedly found in possession of marijuana by Officer Eric Foels.

Rodeny Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie was located by Transit Police in Buffalo during a check-the-welfare interview and identified as a warrant suspect for allegedly stealing items from Kmart on Dec. 12.

Bryant William Hardtner, 28, of State Street Road, Batavia, is charged with unauthorized use of a motor vehicle. Hardtner is accused of taking a vehicle Sunday without the owner's consent.

Kimberly Diane Ribbeck, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving a vehicle with obstructed vision and no or inadequate plate light. Ribbeck was stopped at 2:33 a.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Michael Gerald Pernicano, 21, of Lake Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and no plate light. Pernicano was stopped at 2:29 a.m. Saturday on North Byron Road, Byron, by Deputy Joseph Corona.

Lena Marie Evans, 26, of Ross Street, Batavia, is charged with petit larceny, two counts of criminal possession of a controlled substance and possession of a hypodermic instrument. Evans was arrested for allegedly shoplifting at Kmart by Deputy Andrew Hale.

Carey Anthony Bedell III, 18, of Lehigh Avenue, Rochester, is charged with unlawful possession of marijuana. Bedell was arrested on Clinton Street Road, Byron, at 9:43 p.m. Friday.

Matthew R. Smith, 21, of Basom, is charged with forcible touching. Smith was arrested by State Police for an alleged incident reported at noon Thursday.

Mark A. Allison, 52, of Lockport, is charged with felony DWI and felony driving with a BAC of .08 or greater. Allison was arrested by State Police following the report at 9:29 p.m. Thursday of a two-car accident at 372 Bloomingdale Road, Basom. One person was injured. The driver of the other vehicle was Alexander Shirira, 56, of Buffalo. No other details released.

Local rugby club celebrates 40th anniversary

By Howard B. Owens

The Genesee Creamers Rugby Football Club celebrated its 40th anniversary over the weekend with a banquet attended by about 70 players and guests.

The club was founded in Batavia in 1970 and plays teams from all over WNY and Canada as well as the rest of the U.S.

Honored at the event were two 40-year members, Dominic Lovria, and ‘Tin Cup’ Teddy Anderson.

The dinner was attended by members of U.S. Rugby, including CEO Mark Griffin, who was the guest speaker.

Attendees also donated 40 jars of peanut butter and jelly to the Salvation Army.

Photo submitted by Mark Kielbasa.

Light snow expected through the afternoon

By Howard B. Owens

A winter weather advisory is in effect through 2 p.m. today with predictions of persistent light snow and temperatures dropping into the teens.

Snow accumulations could reach from 2 to 4 inches and low visibility while driving is possible in places.

The National Weather Service advises caution while traveling.

Minor injury accident reported on Route 77, just north of Indian Falls Road

By Howard B. Owens

A person is complaining of neck pain following an accident on Route 77 just north of Indian Falls Road.

One car is off the roadway.

Pembroke and Indian Falls responding along with Mercy EMS.

UPDATE 8:47 a.m.: The car sideswiped a tree. The only complain of pain stems from the seat belt brushing against the driver's neck, according to a chief on scene.

UPDATE 9:18 a.m.: Pembroke and Indian Falls back in service.

Citizens group formed to help fight crime in Batavia

By Howard B. Owens

A Batavia resident has set up a Facebook group and scheduled a meeting aimed at fighting crime in the city.

The Batavia Neighborhood Watch group already has 95 members.

It was set up by Michael Hough, who wrote in his first post:

There is no doubt that crime is on the rise in Batavia. This group is intended to bring the community together to deal with the issues, and to serve as a liaison between citizens and law enforcement officers.

He's calling for a meeting of concerned citizens 5 p.m., Jan. 25, at Tim Horton's.

Alleged bank robber doesn't get far after midmorning heist at Five Star Bank branch

By Howard B. Owens

Philip Burrs Gregory Beardsley

It seems like such a simple plan. Walk into a bank, hand the teller a note, and walk out with a bag full of money.

Of course, the bank is in the midst of a city on a Saturday morning when traffic has both eastbound and westbound lanes snarled with cars, SUVs and semi-trucks. Your getaway vehicle is an easily identifiable older model maroon Plymouth minivan with Florida plates. Your driver may be high. He may not even know about your plan. The only available route out of town is a snow-and-slush covered Route 98 that has an Attica police officer always positioned at one end of the highway and is frequently patrolled by troopers.

What could possibly go wrong?

Enough, apparently, that the would-be alleged bank robber was in custody mere minutes after the heist was reported and the man who allegedly drove the minivan is facing a DWAI charge.

Gregory Beardsley, 29, of 220 W. Main St., Batavia, is the robbery suspect. He charged with grand larceny, 2nd, and robbery, 3rd.

Beardsley allegedly left the bank with $3,000 in cash. All of the money was recovered.

No weapon was displayed during the robbery, nor was there a threat of a weapon.

Philip Burrs, 32, the alleged driver, was arrested by State Police and charged with driving while ability impaired by drugs or alcohol and unlawful possession of marijuana.

Whether Burrs is charged with any crimes related to the robbery hasn't been determined, Hill said. The investigation is continuing.

The robbery was reported to emergency dispatchers at 11:28 a.m.

Bank employees provided dispatchers with an exact description of the suspect's vehicle, including the license plate number.

"The tellers did a fantastic job at the bank getting all the information and getting it out to our dispatchers," Officer Eric Hill said.

A trooper spotted the car, which is not owned by either Breadsley nor Burrs, at 11:34 a.m. heading southbound on Route 98. 

A felony traffic stop was initiated by Trooper Micheal Hamilton with the assistance of an Attica police officer further south on Route 98 at the Mooch’s Auto Glass location.

The two suspects were taken into custody and placed in separate patrol vehicles.

While being questioned later, Burrs could be heard telling officers that he had no idea his passenger went into Five Star to rob it. He repeatedly said he knew nothing about the robbery.

Hill said Burrs has continued to maintain that he had no idea Beardsley planned a robbery and had no part in it.

Asked if this was a particularly brilliant robbery plan, Hill said he doesn't know what drove the suspect to try and steal money.

"I don't know," Hill said. "Desperation? You do some things you might not normally do, depending on the circumstances. I'm not exactly sure why he felt the need to rob the bank, but you know, obviously he's desperate for money for some reason. We're currently in the process of deposing him to find out what his side of the story is. I'm sure all of that will come out eventually."

CORRECTION: The article originally said Burrs was charged with DWI. He was charged with DWAI. 

Top Photo: Beardsley being transferred from one patrol vehicle to another at the traffic stop location on Route 98. Law enforcement officers are screening Beardsley from camera view.

The Five Star branch on West Main, Batavia, shortly after the robbery.

The scene of the stop on Route 98.

Sgt. John Szumigala and Officer Eric Hill with the suspected getaway minivan.

Deputy Brian Thompson and "Pharoah" sniff around the suspect vehicle.

Officer Eric Hill speaking with suspect Philip Burrs, who is out of the picture in the back of the State Police vehicle.

Protesters turn out on cold morning at State Police barracks to rally against Cuomo, SAFE Act

By Howard B. Owens

More than 100 gun rights advocates turned out this morning in 20-degree whether at the NYSP barracks on West Saile Drive to protest the SAFE Act.

As expected, Gov. Andrew Cuomo was the target of the protest signs and the speakers' rhetoric, but as it turned out, Cuomo gave the protesters a little extra ammunition when, during a radio interview yesterday, the first-term governor said, “If they are extreme conservatives, they have no place in the State of New York."

More than one speaker mentioned Cuomo's statement and suggested that perhaps it's Cuomo who should leave New York and is the one out of step with the majority of New Yorkers.

Assemblyman Steve Hawley also took Cuomo to task for his statement.

“The governor’s comments about my constituents are offensive and are a Freudian slip, which reveals what he truly thinks of Upstate New Yorkers. He has no right to come to Upstate New York and call himself governor when he has such obvious disdain for its people,” Hawley said. “The majority of Upstate New Yorkers are pro-Second Amendment and believe in traditional family values.

"If the governor does not think the good people of Upstate New York have a place in New York, he seems to be doing a good job of driving our families out of the state with his highest-in-the-nation taxes and infringements on our rights.”

Cuomo's apparent lack of fondness for the people of Upstate New York is yet another reason, Hawley said, for supporting his call for a voter referendum on dividing New York into two states.

For more on Cuomo's statement, see this Buffalo News article.

We had a request to purchase these photos, so, for anybody who would like to purchase prints, click here.

Bright future likely for Le Roy company that sells LED lights to cities and villages in New York

By Howard B. Owens
Kristin Gomborone, front, Gabrielle Keister and Scott Keister

A small Le Roy company has put itself on the cusp of the next big thing in municipal lighting -- LED.

This week, GotToGo Electric, a six-person company on East Main Road, landed a $77,860 contract with Mayville to sell the village 350 LED street lights.

Last year, GotToGo provided the village with LED street lights as part of a pilot project and then was the lowest bidder to provide enough lights to illuminate the entire village.

Traditionally, cities and villages provide night light with either high-pressure sodium lights or metal-halide lamps, giving main streets either an eerie orange glow or a cold blue hue.

Modern LED lights provide a white light, which has its own benefits, but the main reason municipal governments are taking a closer look at LED these days is the cost savings.

LED lights can cut electric consumption by up to 65 percent and are virtually maintenance free.

A street light with LED bulbs has a 10-year warranty, but should continuing working for 15 to 20 years.

Sodium and halide lights must be replaced much more frequently.

"LED is the new way to go," said company President Scott Keister. "LED is gaining traction very quickly. I think what we'll see in the next few years is the Department of Energy change its requirements for energy consumption, and traditional lighting (sodium and metal-halide) won't be able to meet those requirements."

GotToGo Electric is a manufacturer rep for two of the companies in the U.S. that make municipal lighting and fixtures.

Established in 1990 as a company selling products for electric companies, it was forced less than a decade later to pivot into a firm that represents the manufacturers of products for municipal utilities after the electric companies in the Northeast merged.

It was an easy transition, said CEO Kristin Gomborone, because GotToGo had already established the relationships with the cities and villages in New York.

"Along with the relationships, we've been working with municipalities for about 24 years now, so we've built a rapport," Gomborone said.

The company is owned by Gomborone and her sister, Gabrielle Keister, who is VP of Finance, and GotToGo is a certified New York woman-owned business.

Both women were born and raised in Le Roy. Keister is from Alexander and attended Notre Dame High School.

Besides selling LED lights, GotToGo handles just about everything a municipality might need to provide utility service, from gas and electric meters, to cable and transformers for electricity and, of course, lighting.

Primarily, the company bids on behalf of the 25 manufacturers they represent for the sale and installation of utility products. But the company is also positioned to ensure ongoing maintenance needs, if any, are met.

Keister explained that manufacturers use product reps such as GotToGo because it's less expensive than maintaining a full-time staff in a territory.

GotToGo got into LED lighting as the demand began to grow.

Ten years ago, LED systems were expensive, provided a bluish light that consumers rejected (think of those district blue headlights that were common for awhile on some new model cars) and didn't provide as much illumination as traditional lighting.

Now the cost has come down, the light temperature has shifted to a neutral white (or a moonlight white) and systems can put out as much, if not more, light than sodium or metal-halide.

GotToGo's clients for LED lights include the City of Buffalo, Westfield, Jamestown, Springville and the company's first LED client, Auburn, which installed 450 new street lights.

And not just municipalities are in the market now for LED lights. Universities and colleges, malls, car dealers -- any place with the need to illuminate a large area -- is a potential customer for GotToGo's products.

"It's probably the most exciting thing we're doing now," Keister said. "It's up and coming. Like I said, it's been around 10 years, but it's really just starting to take a grasp."

The main thing holding back wider adoption of LED systems, Keister said, is the inability of Albany and the electric companies to come up with a plan on how the electric companies will serve municipalities.

There are about 42 cities and villages in New York, such as Mayville, that provide their own municipal electric service, so there aren't hoops to jump through to make the switch to LED.

But in all the others municipalities, the local governments contract with a big electric company to provide the lights, the electricity and the maintenance.

It's kind of a lease agreement paid for through a tariff.

"To charge people the current tariff rates for a fixture that is much more efficient and basically eliminates maintenance is not fair to the consumer," Keister said.

So, as the market changes -- new regulations requiring less energy consumption from street lights, and a new tariff scheme out of Albany -- GotToGo Electric, with its experience and connections, should be well positioned as the go-to company in WNY for municipal street lighting.

Click here for a story from an online news site in Chautauqua County about the Mayville purchase and to see a picture that shows the color temperature difference between LED and sodium lights.

Caledonia resident accused of several thefts from vehicles in Oakfield over the past year

By Howard B. Owens
Dalton Long

Investigators believe they have found the man responsible a series of thefts from vehicles in the Village of Oakfield over the past 12 months with the arrest of Dalton A. Long, 18, from Caledonia.

Long was allegedly found in possession of numerous items reported stolen to the Genesee County Sheriff's Office.

The items recovered date back to the first reported theft in the series in January 2013.

Long is charged with grand larceny, 4th, criminal possession of stolen property, 4th, one count of identity theft, 2nd, one count of petit larceny and six counts of criminal possession of stolen property.

Following arraignment in Oakfield Town Court, Long was jailed on $15,000 bail.

The investigation was conducted by Deputy Brian Thompson with assistance from Deputy Bradley Mazure and Youth Officer Timothy Wescott.

The investigation is continuing  and additional charges are pending.

Collins named to house subcommittee on space

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) has been named to the House Subcommittee on Space, his sixth subcommittee assignment.

“It’s an honor to join the Subcommittee on Space and I am grateful for the opportunity to work to develop policies that advance our nation’s space program,” Congressman Collins said. “Western New York is home to a growing number of companies that support our space program, and I look forward to using this assignment to champion that sector."

Under the House Committee on Science, Space, and Technology, the Subcommittee on Space has legislative jurisdiction, general oversight and investigative authority on all matters relating to astronautical and aeronautical research and development.

Congressman Collins is currently a member of the House Agriculture and Small Business committees and serves as Chairman of the Small Business Subcommittee on Health and Technology.

In addition, under the House Committee on Agriculture Congressman, Collins serves on the Subcommittee on General Farm Commodities and Risk Management and the Subcommittee on Horticulture, Research, Biotechnology, and Foreign Agriculture; under the House Committee on Small Business, the Subcommittee on Investigations, Oversight and Regulations; and under the House Committee on Science, Space and Technology, the Subcommittee on Research and Technology.

Hawley promoted to assistant minority leader in the Assembly

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) announced today that he has been promoted from Minority Whip to Assistant Minority Leader of the Assembly Minority Conference. In his new role, Hawley will help create conference policy initiatives, urge his fellow legislators to support pro-job creation proposals and better advocate for his constituents' concerns.

“I am humbled to be picked for this important role in the Minority Conference. I plan to use this new position to give voice to my constituents and promote policies that create jobs, lower the tax burden on Western New York families and protect our country’s veterans,”  Hawley said. “I thank Assembly Minority Leader Brian Kolb and my colleagues for trusting me with this task. With their support and the support of my constituents, I look forward to serving in this role.”

Kolb said “I am pleased to announce the promotion of Assemblyman Steve Hawley from Minority Whip to Assistant Minority Leader. Assemblyman Hawley has been a staunch supporter of small businesses and farmers, and he understands the importance of creating jobs and improving the economy.

"He has served in our armed forces, is a successful businessman, been active in his community and has consistently been a strong voice for his constituents. Assemblyman Hawley will undoubtedly use his unique background, skill set and strong work ethic in his new position to help effect meaningful change in New York. I look forward to working with him to improve the lives of all New Yorkers.”

GCC trustees review plan for implementing Start-Up New York program

By Howard B. Owens

Press release:

Monday night, Genesee Community College Board of Trustees reviewed the plan that the College will use to assess proposals from companies interested in applying for the Start-Up New York, also known as State University of New York (SUNY) Tax-free Areas to Revitalize and Transform Upstate NY program.

The statewide initiative was introduced by Governor Andrew Cuomo last year to encourage potential developments on or within one mile of each of SUNY's 64 campuses by offering tax-free status to both the company and new employees for up to 10 years. Each SUNY institution can designate up to 200,000 square feet of space for Start-Up New York projects to create new jobs associated with the academic curriculum offered by the connected campus.

For further information about Start-Up NY go to: http://startup-ny.com/

William Emm, GCC's executive vice president for Planning and Institutional Effectiveness, is GCC's point-person for the new, Albany-based initiative that aims to transform SUNY campuses into tax-free communities for new and expanding businesses. Emm shared GCC's multipage assessment plan that requires: each proposed company to identify the designated space, including square footage, with an AutoCAD site drawing; a description of the type of business being proposed; how the business aligns with GCC's academic mission and programs; and how the business generates community and economic benefits.

Additional assessment questions include:

• How will the company's product or service further GCC's mission?

• How many new net jobs will be created in the first two years of operation and overall?

• How many future employees will require additional training or education provided by GCC?

• How will the company establish itself as a good member of the community?

• Has the local municipality and/or economic development entity been informed of the tax-free space request?

With this information, GCC's designated Start-Up NY advisory committee, which will include representatives from the College's four-county service area, will carefully review each proposal and score the applications against a thoughtfully compiled rubric.

GCC President James Sunser will be informed of all incoming applications, remaining abreast of the committee's efforts and recommendations, while keeping the Board of Trustees apprised of each opportunity.

Any applications that meet all criteria will be reviewed by the GCC Board of Trustees and, with the Trustees' approval, an amended Campus Plan featuring the new business partnership will be available for review for a minimum of 30 days by GCC's Faculty Senate, local municipality, local economic development agency, applicable union representatives and the Student Government Association. With successful review and approval, the application is then submitted to SUNY for review and approval.

"We have developed protocols and strict criteria at different levels of the College to ensure companies are fully qualified to receive these tax-free benefits," President Sunser said. "All proposals and people will be considered under a consistent and thorough review to remain above any question of impropriety."

After a lengthy discussion, the Board approved the next phase of the process which allows College administrators to submit GCC's Start-Up New York evaluation and review plan to be submitted to SUNY for the next level of review and critique.

Route 77 at Phelps Road closed to northbound traffic for accident

By Howard B. Owens

A motor-vehicle accident on Route 77 has led to the closure of the highway to northbound traffic at Phelps Road.

The initial call for the accident indicated there was a vehicle on fire, but no injuries. 

By the time the first fire chief arrived on scene, the fire was out, but he also found three people reporting minor injuries.

Pembroke and Indian Falls fire departments dispatched along with Mercy EMS.

Law and Order: Duo accused of giving false identity to police

By Howard B. Owens
Kiyonta M. Moffett Lillie Owens

Kiyonta M. Moffett, 23, of Buffalo, is charged with false personation, 2nd, aggravated unlicensed operation and operating with one headlamp; Lillie B. Owens, 21, of Erie, Pa., is charged criminal impersonation, 2nd, and was also arrested on a warrant out of Amherst. Moffett's car was stopped on Route 63, Batavia, by a state trooper for a broken headlight. When the trooper approached, allegedly the driver did not produce a license. The driver allegedly gave a name that later turned out to be false. It turned out, the name given was for a person with a petit larceny warrant out of Cheektowaga. Owens was reportedly a passenger in the vehicle and also allegedly gave a false name when asked to identify herself. Moffett was jailed on $750, and bail was set at $250 for Owens.

Arthur Mack Osborne, 47, of Park Road, Batavia, is charged with criminal contempt. Osborne is accused of contacting a person protected by court order. Osborne was reportedly attempting to leave New York for Florida at the time he was located by Deputy Brian Thompson. He was jailed on $2,000 bail.

Sara Elizabeth Schimley, 24, of Weaver Street, Buffalo, is charged with criminal possession of a controlled substance, 7th. Schimley was taken into custody on a warrant out of Le Roy Town Court.

Robert Darnell Wright, 22, of East Tupper, Buffalo, was arrested on a warrant for alleged failure to pay fine imposed by court. Wright was arrested at the time of his release from Monroe County Jail, where he was held on an unrelated matter. Wright was arraigned in Genesee County Court and released upon his promise to make his monthly payments.

County Court Report: Le Roy rapist given 18 years in prison

By Howard B. Owens
Charles Johnson

A 29-year-old man who broke into the apartment of a woman in Le Roy and raped her at knifepoint has been sent to prison for 18 years by Judge Robert C. Noonan.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, will also be required to have 25 years of post-release supervision.

Johnson entered a guilty plea Nov. 26 in an agreement with prosecutors that he serve no more than 18 years in prison.  The minimum sentence available to Noonan, which he rejected, was eight years.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

Johnson was identified as the suspect through DNA evidence, leading to his quick arrest following the May 9 rape.

Michael Nicometo

Also in Genesee County Court today: Michael A. Nicometo, 28, of 45 North St., Le Roy, who was scheduled for sentencing this morning on his conviction for burglary, 3rd. Nicometo was involved in the heist of high-voltage copper wire from industrial buildings in Le Roy. Nicometo missed his appearance time today and a warrant was issued for his arrest. In the afternoon, he voluntarily appeared in court and his sentencing has been rescheduled for 11:45 a.m., Monday. Earlier this month, Nicometo missed his scheduled sentencing appearance because he was reportedly hospitalized in Rochester. Police arrested Nicometo in March following an investigation into the theft of high-voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

Shane Bell

Yesterday in County Court, Shane M. Bell, 47, of 161 Jackson St., Batavia., charged with assault in the 2nd degree for allegedly hitting a man outside the Harvester bar on Harvester Avenue, was scheduled for a plea cut-off hearing. The plea cut-off date was extended to Jan. 23. If Bell and his attorney are unable to reach a plea agreement with the District Attorney's Office by that date, he will go to trial April 21.

Chief says video surveillance can help fight crime in Batavia

By Howard B. Owens

The bad guys have surveillance cameras. Why shouldn't the guys in white hats have them, too?

Rob Yaeger, Batavia PD's assistant chief, said during an interview today that seeing surveillance cameras on the homes of known troublemakers is an increasing trend.

"Usually it's the houses we have to go to repeatedly, they have the cameras," Yaeger said. "They want to know who's coming to their door."

As part of the 2014-15 city budget, Batavia PD is requesting $7,500 for a surveillance camera.

Based on initial reactions from the public, Chief Shawn Heubusch thinks there are misconceptions about its purpose and how it will be used.

First, it won't be a stationary camera. It will be portable so it can be set up in anticipated trouble spots and moved around as needed.

Second, its video feed won't be monitored 24/7.

"I just don't want the general public to get the idea that it's Big Brother watching them because we don't really have the need to do that, nor we do we want to," Heubusch said.

Cameras have been successfully used to deter crime in Binghamton and Hornell, Heubusch said.

While those cameras are stationary, "they've seen a very dramatic decrease in crime where cameras are installed," Heubusch said.

The chief said he understand some of the concerns some people have expressed about surveillance cameras, but he believes in certain neighborhoods at certain times, they can be helpful in fighting crime.

"I certainly wouldn't want one out in front of my house, but if I lived on a bad block, I might want one in front of my house," Heubusch said.

Of course, surveillance camera technology these days has gotten so good and so inexpensive, that just about anybody -- including criminals -- can set up cameras outside their homes.

It's not a bad idea for people interested in protecting their property or their neighborhood to install their own cameras, Heubusch said.

"I would encourage anybody, if they can afford it, to install a video surveillance system just around their house, around their property, because property crime is always there," Heubusch said. "Unfortunately it will always be with us."

That said, in response to a comment on The Batavian, Heubusch said, it's still up to Batavia PD to take advantage of technology to help fight crime. The police can't rely solely on private citizens installing cameras. For one thing, the chain of evidence rules might make it harder for such video evidence to be admissible, especially if the resident demands anonymity.

It's also just better for police to conduct their own operations.

"It's our property," Heubusch said. "We're the ones in charge of keeping the safety and security of the residents of the city. I'm not going to depend on somebody else to put a video surveillance system on a troubled property. I'll do that myself. That's my job."

Still, in today's society -- not just in Batavia -- crime is always a public worry, and if residents want to take on themselves the installation of cameras in their neighborhoods, that's not a bad thing, Heubusch said.

"We do everything we can to stay on top of it (crime), but we'll take all the help we can get, so if somebody wants to install a camera system at their house, by God, bring it on."

Batavia's top cops offer more information in proposed 'neighborhood sweeps'

By Howard B. Owens

One of the keys to what officials are calling a neighborhood sweep program in Batavia is to give law-abiding residents a safe outlet for sharing with cops what they're seeing on their blocks.

While explaining further the program to The Batavian today, Batavia PD Chief Shawn Heubusch and Assistant Chief Rob Yaeger, used the example of "Granny Smith" and how she'll benefit from the program and interact with police.

"She's going to have a police officer come up to her door and talk to her, because, you know, Granny Smith is probably the lady that says, 'I don't want to bother the cops. They've got so much better things to worry about,' " Yaeger said. "Or she's going to be one of those says, 'if I say anything, they (the criminals) are going to know it's me.' We're going to talk to everybody on the street so nobody can be singled out so somebody can say, 'that's the one who said something.' "

Contrary to previous reports, Heubusch said, the police aren't coming in and locking down a neighborhood for two or three hours. People will be able to come and go -- maybe not without being asked to show an ID -- and the sweeps will be over quickly.

"That's one of the keys to this -- giving people the outlet to come and talk to us," Heubusch said. "Like Rob said, there are people won't call us because they don't want to bother us, or they won't call us because they're concerned about what might happen to them. Well, if you've got a whole neighborhood willing to make that connection right there, in person, face to face, without any fear of retribution, that's going to embolden or empower people to come forward with more information in the future."

The timing for the program, perhaps, couldn't be better, the city's two top cops said.

In recent months there've been reports of shots fired on State Street and on Jackson Street, an armed robbery on Jackson, armed robberies of local hotels and an alleged burglar picked up this week off Park Avenue while carrying a loaded handgun.

The gun play is getting worse and worse and worse," Yaeger said. "We need to stop this and clean it up now."

The program is inspired by a series of neighborhood sweeps instituted in Buffalo. Law enforcement and municipal leaders there have met with Batavia officials and are providing ongoing consulting.  The sweeps have been very, very successful in Buffalo, Yaeger said.

"The chief in Buffalo told me, 'if we had started this program 20 years ago, we wouldn't be having the problems we have now,' " Yaeger said. "It's been very, very successful for them and the citizens absolutely love it."

It's been so successful and so well received in Buffalo, Yaeger said, local residents should wait to see it implemented in Batavia before passing judgment.

"In Buffalo, the neighborhoods love it," Yaeger said. "The block clubs love it. You'll see, once it's been tried here, the neighborhood will love it. There will be positive reviews."

The sweeps won't just include police officers. There will also be code enforcement officers, parole and probation officers, animal control officers and representatives of other government agencies. 

"It's going to be like one of those national night out events where everybody comes out for a meet and greet," Yaeger said. "They're going to get to know the cops, get some of their issues addressed -- 'I don't know who to call, who can help.' It's not like we're showing up in SWAT gear saying, 'OK, who are you hiding in there?' Nothing like that. It's going to be positive."

Neighborhoods selected for sweeps will be chosen based on data -- increased numbers of calls for service, more reports of criminal activity and perhaps one particular house known to be a cause of trouble or specific individuals in a neighborhood police believe will be causing problems.

In most cases, in fact, police might have one or two or three known troublemakers they hope to locate in a particular neighborhood, which is why a street might be closed to vehicle traffic, making it harder for targeted individuals to slip out without detection.

The sweeps will be completely unannounced for that reason, as well.

Heubusch agreed with City Manager Jason Molino who said part of the goal is for law enforcement to be a nuisance for those who are being a nuisance.

"That's one of the things that is often over looked in policy today," Heubusch said. "Because we're often inundated with calls, officers are often tied up on other things, so to go out and do that proactive police work where you're just bothering the people who are bothering us is tough to do sometimes. So you put together details like this and it gives our officers the opportunity to be a bit of a nuisance for the people who are being a nuisance."

For civil libertarians, Heubusch said the police officers will obey the law and department regulations, which means a person can't be forced to provide identification or detained without probable cause. 

Of course, police officers can pretty much tell when somebody is refusing to provide identification on principal compared to the guy who won't provide identification because he has something to hide, and will react -- within the limits of the law -- accordingly.

The sweeps themselves, it's not a hostile takeover of a neighborhood," Heubusch said. "We're not going to be shutting Granny Smith in her house so she can't go get her medication or go see her granddaughter in a play or anything like that. It's going to be targeted enforcement in specific areas to try and squash the criminal activity."

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