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GoArt!'s 'Picnic in the Park'

By Daniel Crofts

GoArt!'s annual 4th of July "Picnic in the Park" got a pretty good turnout this year, with families and people of all ages coming over to enjoy the food, shows and activities.

For those who missed it, here are some photos:

Andrew Richardson, a pastoral intern at Batavia Assembly of God Church, gets "dunked."

Fencing competition sponsored by Batavia's new En Garde Fencing Academy.

Pictured the Fraterrigo Family, who came to play some bluegrass for the folks in Batavia.

Members of the group Diaspora Drumming play some Latin American drumbeats.

A spectator "jigs" to Irish tunes.

ANIMALS IN THE PARK:

 

Batavia siblings make a good team selling 'books and more'

By Daniel Crofts

Between Picnic in the Park and Mark and Mary Holmes' 4th of July garage sale, spectators had a lot of attractions to choose from on Sunday.

Mark and Mary, who are brother and sister, have a big sale in front of Mary's home on 18 Park Ave. -- right across the street from Centennial Park -- around every major holiday. They donate the proceeds to different area charities; this time, the money went to the Junior Grange in East Pembroke.

Many of the items they sell are recyclable, including these wind chimes made of empty cans:

Mark and Mary may have another sale on Labor Day, depending on what their schedule is like. They are currently in the process of opening up a used bookstore in the Batavia Industrial Center on Harvester Avenue. 

The store will be called "Anything Goes: Books and More," and they hope to have it up and running by the end of the month.

They had some books and movies on sale Sunday, you might say as a sort of "preview":

"Anything Goes" will be something quite different for Batavia. It will be a sort of hybrid bookstore/flea market/antique store/forum for charities, among other things.

In addition to selling used books, VHS tapes, antiques, and other needful items -- most of which will cost $5 or less -- the Holmes' will have a corner of the store dedicated to area charities. A jar will be available for donations, and a different charity will be featured each week.

"This is a way for us to give back to the community," Mary said, pointing out the tremendous amount support she and her brother have received from the people of Genesee County during their sales.

Anyone who would like more information about the store, or would like to volunteer to help set things up, may call Mark at 591-2669 (leave a message).

Drug dealer, thief and burglar get prison time while suspect mulls options

By Billie Owens

Judge Robert C. Noonan sentenced three men to prison Tuesday afternoon and gave an inmate in county jail one more time to consider a plea offer or prepare for trial.

Kirby S. Wall, 33, of Rochester, was convicted of criminal sale of a controlled substance. It was his second felony conviction; the first one was in 1995.

"He has been abusing substances and he desperately needs help," attorney David Morabito told the judge, adding that he disputes the People's contention that Wall told probation workers that he didn't have a drug problem.

"He accepts responsibility," Morabito said.

Wall was arrested in April 2009 for selling crack cocaine and illegal possession of marijuana. He had $1,000 worth of crack on him when arrested and had previously sold crack to two undercover agents, according to law enforcement.

But the judge didn't grant his attorney's request to send Wall to "shock camp," wherein those incarcerated also get substance-abuse treatment.

"Maybe this is a way of paying his debt to society and also get the help he desperately needs," Morabito said.

Instead, Noonan sentenced Wall to the maximum allowable, a determinate sentence of three-and-a-half years in the penitentiary, plus five years of post-release supervision. He has to pay $200 restitution. Noonan also issued two orders of protection, barring Wall from contacting two individuals for 11.5 years.

The next case heard was that of Thomas A. Culver Jr., 31, of 13 Wood St., Batavia, who pled guilty to grand larceny, 4th, his second felony offense. He was one of three people arrested for attempting to cash in checks from a closed account at a local bank.

"He desperately needs help," attorney Marabito said. "He wants to participate in a number of programs he's qualified for, so he can also get credit (toward his sentence)."

Morabito filed a motion to have Culver's guilty plea vacated because of the advice given by his previous attorney.

Noonan refused to vacate the plea, citing an insufficient basis on which to do so, and asked Culver if he had anything to say before sentencing.

Culver said the attorney he had, before Morabito took on the case, "pushed" him into taking a one-and-a-half to three-year plea deal, saying failure to do so would result in "excessive time." That attorney, he said, also told him he had to admit guilt in taking the plea and when he tried to discuss his case, the attorney would repeatedly hang up the phone on him.

Noonan listened and then promptly sentenced Culver to an indeterminate sentence of one-and-a-half to three years in state prision, and authorized him to be enrolled in a substance-abuse treatment program. He was ordered to pay a total of $1,897.35, "to be collected in DOCs (the Department of Corrections)," while in prison.

Also sentenced to prison Tuesday, was Malik I. Ayala, 18, of 44 Walnut St., Batavia, who was convicted of burglary, 3rd.

The conviction stemmed from his role in stealing an MP3 player on March 10 from a 15-year-old in the parking lot of MacArthur Park.

On July 2, he was re-arrested on a petit larceny charge, violating his probation.

Regarding the petit larceny charge, Ayala's attorney, Frederick Rarick, told Judge Noonan that Ayala had gone to Corfu "to line up lawns to mow." He was unsuccessful. Then some young women picked him up and they all went to a liquor store. The women went in first, and he went in afterward.

"My client had no involvement in an attempt to steal liquor," Rarick said, adding that Ayala "has major drug issues. To send him to prison would be wrong. This boy needs some help with drugs. He is a young man with many issues."

Regardless, since his burglary conviction, Ayala missed four or five appointments with the probation department, plus a 1 p.m. drug test yesterday. When he did show up for testing, he reportedly attempted to alter the results, prompting a second test in which he was positive for marijuana.

When given a chance to speak, Ayala told the judge in a rambling statement that he was thankful for the judge's patience and consideration, that he loved everybody, that he wanted to do better and had even tried to join the Army. He got emotional and asked the judge for another chance.

But Noonan was exasperated by Rarick's client.

"You've been a very big frustration for me," Noonan told Ayala, noting that he has tried to help him, his family has tried and so has his probation officer. "There is only one person in this room that can help you and that is you.

"You wouldn't last 10 minutes in the military. I have no alternative but to send you to prison. Your probation is revoked. I'm sentencing you to one-and-a-third to four years in state prison. It's not just the drugs. You can't obey rules. You don't show up for appointments. You don't do what you're told to do."

Ayala hung his head and cried. A half dozen family members and friends appeared very sad, and one woman sobbed. He asked if he could tell his family goodbye. No, like the others, he was taken into custody there and then.

Wearing orange jail garb, Brandon C. Dodd, 22, was also in court yesterday. He is charged with burglary, 2nd, for allegedly taking part in a home-invasion robbery March 18. He allegedly forced his way into a home on Vine Street wearing a bandanna over his face. The residents allegedly fought back.

Dodd has at least five arrests for various crimes.

As of Tuesday, he had not responded to the district attorney's offer of a guilty plea to a Class D violent felony as a first-time felony offender, which would permit the possibility of probation.

His attorney told Noonan he needs more time to prepare for trial, which is estimated to take four days. The judge set a new trial date for Nov. 8 and set a court time of 10:15 a.m., Sept. 2, as the last opportunity to accept the plea offer. If found guilty at trial, Dodd would face a mandatory prison term.

Dodd returned to jail.

Tot with partially severed finger reported

By Billie Owens

A 3-year-old with a partially amputated finger is reported at a day care facility located at 4007 Pearl Street Road, just west of the Bethany-City of Batavia Townline Road. Bethany ambulance is called to respond mutual aid to the incident.

UPDATE (3:50 p.m.): An emergency responder reports that the 3-year-old was "slammed into a door" partially amputating a finger.

UPDATE (4:12 p.m.): A medic on scene says the victim is a girl boy whose left middle finger was injured. The young patient is too upset and in pain to give any details to emergency workers. She He is being transported to Strong Memorial Hospital.

UPDATE (5:45 p.m.): Like many of our reports, the particulars of this item came from the scanner. The operator of the day care facility called afterward to say the medic at the scene incorrectly stated that the victim was a girl.

"It's obvious he's a boy," she said.

Furthermore, she took issue with the statement that the child was "slammed into a door," stating that the incident was purely accidental and that a door was inadvertantly shut on the tot's hand, injuring his finger.

Rollover accident on westbound Thruway

By Billie Owens

 

A motor-vehicle rollover accident is reported on the Thruway, westbound at mile marker 403.5.

The vehicle is in the median. Pembroke and Indian Falls fire departments are responding along with Mercy EMS.

UPDATE (2:58 p.m.): Mercy Flight is called. An engine from East Pembroke is called to stage the landing zone. More medics are called. There are serious injuries. Two young children are involved but are "walking around and seem to be OK."

UPDATE (3:02 p.m.): The westbound lanes are blocked to through traffic. Authorities are setting up the landing zone on the roadway. More manpower requested.

UPDATE (3:05 p.m.): Mercy Flight #6 is en route with a five-minute ETA. Mercy Flight #7 is on standby in Buffalo.

UPDATE (3:08 p.m.): Both Mercy Flights are traveling to the scene. The landing zone is ready.

UPDATE (3:23 p.m.): Both Mercy Flights are on the ground. Additional ambulance requested to proceed in emergency mode, and another from Erie County. Three children, ages 1, 6 and 7 are backboarded and collared, with cuts and bruises, and will be transported to the hospital by ambulance.

UPDATE (3:30 p.m.): Pembroke Fire command asks for hydration for the firefighters and others at the scene.

UPDATE (3:42 p.m.): The children are en route to Children's Hospital. The last ambulance requested was cancelled. Mercy Flights are in air. Roadway is to be opened back up ASAP.

Reader submitted photo.

Police Beat: Driving while impaired charged against woman with children in car

By Howard B. Owens

Cassandra D. Griffin, 37, of Liverpool, is charged with driving while impaired by alcohol, endangering the welfare of a child, and driving with driver's view obstructed. Griffin was stopped by Deputy Kevin McCarthy at 11:13 p.m., Tuesday, on Route 77 in the Village of Corfu. Griffin allegedly had her three daughters with her, all under 17 years old.

Kyle Roger Esten, 25, of South Main Street, Oakfield, is charged with aggravated harassment, 2nd. Esten is accused of making harassing phone calls to his ex-girlfriend.

Tama Lee Reiss, 46, of Genesee Street, Corfu, is charged with DWI, aggravated DWI, unsafe backing, refusal to take pre-screen test, failure to keep right. Deputy Patrick Reeves responded to a report of an erratic operator on Route 33 in Pembroke at 8:05 p.m., Tuesday. When Reeves reportedly tried stopping Reiss's car, she eventually pulled over and then attempted to back up, causing both lanes of traffic to stop in order to avoid a collision.

Cody A. Bush, 24, of Oak Orchard Road, Batavia, is charged with harassment, 2nd. Bush is accused of pushing and striking another person during an argument at a residence on East Main Street Road, Town of Batavia.

Town of Batavia Fire Harley raffle under way

By Howard B. Owens

The Town of Batavia Volunteer Fire Department is holding its annual Harley raffle.

Tickets are available at the Fire Hall on Lewiston Road and Stan's Harley Davidson. Only tickets 2,700 will be sold. Tickets are $20 each. The drawing is July 24.

Tickets can also be purchased by mail: Town of Batavia Fire Department, C/O Raffle Chairman, P.O. Box 417, Batavia, 14021-0417.

Pictured with the Harley is Bill Leonart, who was at the Fire Hall today selling tickets.

Genesee County's first Urgent Care clinic opens in Le Roy

By Billie Owens

This morning, United Memorial Medical Center announced that it opened Genesee County's first Urgent Care center at its Le Roy site July 1, right on schedule.

The first patient was seen two hours before our "official" start time of 11 a.m., when a woman visiting the area felt ill and needed to see a healthcare provider. Amy Ireland, FNP, was already on site to prepare for the opening and was able to provide great customer service and treat the patient.

Urgent Care provides cost-effective and convenient treatments for patients when their primary care physician is unavailable or they do not want to spend time waiting in an emergency room for a non-life-threatening injury or illness.

Le Roy is a 15-minute drive from Batavia.

Urgent Care is available seven days a week to treat children, adults and seniors from 11 a.m. to 9 p.m. (with variations in hours for major holidays).

The new facility is located at 3 Tountas Ave. in the same building as United Memorial’s Diagnostic Lab and X-Ray services, next to the Family Care Center. The Urgent Care center's phone number is 768-4220, #1.

The Le Roy site will now be called United Memorial Community Care -- providing Urgent Care, Diagnostic Laboratory and X-Ray Services and Family Care.

“The addition of Urgent Care in Le Roy continues the strong tradition of service that United Memorial has offered the residents of Le Roy and those in the eastern portion of Genesee County. It shows our commitment to improving the accessibility of appropriate and affordable medical care to our community,” said Mark Schoell, president and CEO of United Memorial, in a new release.

Patient volumes have shown a steady increase each day since the opening.

United Memorial Medical Center is a 131-bed not-for-profit community hospital located in Batavia. With nearly 750 employees, UMMC is the largest private employer in Genesee County and serves a region of 90,000 residents.

Last year, United Memorial cared for more than 5,000 inpatients, 22,000 Emergency Room visitors and 500 newborns.

Police Beat: Trooper nabs suspected drug dealer in Alexander

By Howard B. Owens

Michael J. Wilkins, 28, of Nunda, is charged with manufacturing/possession/selling of a prescription controlled substance, criminal possession of a controlled substance 7th and unlawful possession of marijuana. Matthew A. Moir, 19, of Portageville, is charged with unlawful possession of marijuana. Wilkins and Moir were arrested by State Police on Route 20 in Alexander at 11:30 p.m., Friday. No further details were released.

Vamaca Noe Velazquez, 22, of Hundred Mark Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, unregistered motor vehicle, switched license plates and operating without insurance. Velazquez was stopped at 1:02 a.m., Monday, on Hundredmark Road, Elba, by Deputy Patrick Reeves. Velazquez was jailed on $2,500 bail.

Assante Darrell Huggins, 18, of Brunswick Road, Buffalo, is charged with petit larceny. Huggins is accused of stealing $416 while employed at Darien Lake. The alleged thefts occurred between June 6-26.

Matthew R. Norstrand, 25, of Vroom Road, Spencerport, is charged with unlawful possession of marijuana and unlicensed operation. Norstrand was stopped at 8 p.m., Friday, on North Street Road, Le Roy, by Matt Butler. Norstrand was allegedly driving on a suspended license. During the traffic stop, a marijuana pipe was allegedly found in his car. Norstrand was jailed on $500 bail.

Samuel F. Richardson, 45, of 231 Vine St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Richardson was reportedly involved in a minor traffic accident at 4:15 p.m., Monday, at the Wilson Farms store on West Main Street.

Cindy S. Dudek, 51, of Darien, is charged with harassment 2nd. Dudek was arrested by State Police at 9:45 p.m., Saturday. No further details released.

Jayson L. Bryant, 26, of Batavia, is charged with criminal contempt/disobeying a court order. Bryant was arrested in Oakfield at 1:45 p.m., Sunday, by State Police. No further details were released.

Cheryl A. Vagg, 53, of Warsaw, is charged with driving under the influence of drugs, 2nd offense in 10 years. Vagg was arrested at 5:22 p.m., Friday, by State Police on Ledge Road, Alabama. Vagg was jailed on cash bail. No further details were released.

Mercy Flight responds to medical emergency at Batavia Downs

By Howard B. Owens

Mercy Flight picked up a patient at the Batavia Downs parking lot around 9 a.m.

According to a witness, a man apparently fainted and fell off a truck at the Farmers' Market.

No further information is available.

Weather: Temperatures in the 90s today, tomorrow and Thursday

By Howard B. Owens

It's going to be hot for the next few days, with highs in the 90s, humidity in the 50s and very little wind.

The National Weather Service is recommending that people avoid strenuous outdoor activity.

Ozone levels could pose a problem for people with respiratory problems (when ozone - naturally occurring in the upper atmosphere --  increases on the surface of the earth, there's less oxygen to breathe).

Temperatures are not expected to drop into the mid 80s until Friday, when a possible thunderstorm will hit the area.

Muckdogs pick up win on the road, 9-6

By Howard B. Owens

Andrew Moss, perfect in his last outing, wasn't quite as perfect Monday night, but good enough to notch his third win of the season.

The Batavia Muckdogs beat Tri-Cities 9-6 behind the hitting of catcher Audris Perez, a  third-year pro out of the Dominican Republic. Perez had three hits, driving in four base runners.

Second baseman Colin Walsh had the team's only other multi-hit game with two singles. Walsh, a first-year pro from San Diego and a product of Stanford, recently joined the team from Johnson City.

For the second time of the season, Nick Longmire homered in the lead off spot. It was his fourth homer of the season.

Moss went 5 1/3 innings, surrendering three runs on three hits, but he also walked five batters.

Jose Rada fanned two hitters in the ninth to pick up his fourth save.

The Muckdogs are in Tri-Cities again tonight, have Wednesday off and start a three-game home stand Thursday against Connecticut.

Weather: Heat, humidity and poor air quality

By Howard B. Owens

The Weather Channel has issued an extreme heat alert for Genesee County, and the National Weather Service is warning of diminished air quality.

While the reported high temperature is 92 degrees, the heat index is 96. Humidity is 55 percent.

An air quality alert is in effect until 10 p.m.

The AQI (air quality index) exceeds 100 today, according to the weather service.

The higher the AQI the greater the health concern.

From the alert:

WHEN POLLUTION LEVELS ARE ELEVATED... THE NEW YORK STATE DEPARTMENT OF HEALTH RECOMMENDS THAT INDIVIDUALS CONSIDER LIMITING STRENUOUS OUTDOOR PHYSICAL ACTIVITY TO REDUCE THE RISK OF ADVERSE HEALTH EFFECTS. PEOPLE WHO MAY BE ESPECIALLY SENSITIVE TO THE EFFECTS OF ELEVATED LEVELS OF POLLUTANTS INCLUDE THE VERY YOUNG, AND THOSE WITH PRE-EXISTING RESPIRATORY PROBLEMS SUCH AS ASTHMA OR HEART DISEASE. THOSE WITH SYMPTOMS SHOULD CONSIDER CONSULTING THEIR PERSONAL PHYSICIAN.

Police Beat: Second arrest made in alleged credit card theft

By Howard B. Owens

Melissa C. Kent, 18, of 131 State St., Batavia, is charged with criminal possession of stolen property, 4th. Kent is accused of being with Kyle Monroe when he made purchases at a local store using an allegedly stolen credit card. Monroe is accused of stealing a credit card from a car on Gateway Drive on June 14.

Juanita Jackson, 53, of 214 Ellicott St., Batavia, is charged with endangering the welfare of a child. While investigating a report of two children fighting, Officer Kevin DeFelice found that a 9-year-old had allegedly been left to care for a 3-year-old. The 3-year-old was reportedly left alone in the house. Jackson was located and arrested.

Annette C. Eleczko, 50, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Eleczko was stopped at 11:20 p.m., Saturday, on Route 77 in Pembroke by Deputy Patrick Reeves.

Lisa Marie Elmore, 45, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Elmore was stopped at 2:37 a.m., Sunday, on Route 33, Batavia, by Deputy Patrick Reeves.

Jamie Lynn Haseley, 25, of 30th Street, Niagara Falls, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Haseley was stopped at 11:06 p.m. on Harlow Road, Darien, by Deputy Kevin McCarthy.

Cheryl Adele Vagg, 53, of Warsaw, is charged with promoting prison contraband and unlawful possession of marijuana. Vagg was arrested at 3 a.m., Sunday. She was allegedly found to have marijuana in her purse while in Genesee County Jail.

Abram W. Harrison, 21, of Pratt Road, Batavia, is charged with driving while impaired by drugs. Harrison was stopped at 9:57 p.m., Friday, in the Walmart parking lot by Deputy Chad Minuto.

Jarrett Tyler Pietrowski, 21, of Broadway Road, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, improper right turn, failure to keep right. Pietrowski was stopped at 1:40 a.m., Saturday, on Route 20 in Darien by Deputy Patrick Reeves.

Tashara Moore, 28, of Andrews Avenue, Cheektowaga, is charged with petit larceny.  Moore and James Alfred Hicks, 40, of Andrews Avenue, Cheektowaga, were detained by loss prevention officers at Kmart, where they were accused of trying to steal more than $450 in merchandise.

Adam James Robertson, 23, of Pennels Drive, Rochester, is charged with assault, 3rd. Robertson is accused of breaking the arm of another person while attending the Dave Matthews concert at Darien Lake on June 2.

Justin Mathew Forrester, 29, of Evergreen Circle, Fairport, was arrested in Monroe County on a family court warrant and turned over to the Genesee County Sheriff's Office.

Robert J. VanPelt, 33, of Council House Road, Alabama, is charged with vehicular assault, 1st, DWI and driving with a BAC of .18 or greater. VanPelt's arrest stems from an investigation into a motor vehicle accident May 2 at 7605 Sandhill Road.

Gas line broken, fuel spill on Clinton Street, Batavia

By Howard B. Owens

A gas line is broken at the gas station at 16 Clinton St., Batavia.

Fuel is spilling.

City Fire is responding.

UPDATE 7:44 p.m: There's about 30 gallons of gas on the ground. The line has been shut off.

Teen suffers head injury at motocross races

By Billie Owens

A teenage male reportedly suffered a head injury riding a motocross bike at Area 51 race track on Harloff Road. East Pembroke Fire Department and Mercy EMS are responding.

Another racer is also being treated for an injury. No other information on this earlier incident, but the paramedics are still on scene.

Four arrests and eight citations at Darien Lake's Lynyrd Skynyrd concert

By Howard B. Owens

The following arrests and citations were made in conjunction with the Lynyrd Skynyrd concert July 3 at Darian Lake.

William H. Chapple, 42, of Pine Street, Lockport, is charged with criminal possession of a controlled substance 7th, tampering with physical evidence and unlawful possession of marijuana. Chapple is accused of allegedly possessing a quantity of marijuana and attempting to destroy it. While being processed he was reportedly found to be in possession of a controlled substance.

Lawrence P. Taylor, 37, of Main Street, Depew, is charged with disorderly conduct after allegedly throwing a cup containing alcohol onto another patron.

Dennis M. Moquin, 38, of Buffalo Street, Silver Creek, is charged with harassment, 2nd, after allegedly striking another person in the parking lot after the concert.

Eric J. Ronchi, 18, of Bay Road, Webster, is charged with petit larceny after allegedly stealing hot dogs and firewood from the General Store at Darien Lake.

The following citations were issued for alleged underage drinking:

David E. Bucholz, 18, of Briggs Avenue, Buffalo
Mario V. Tremblay, 19, of Wickman Road, Cattaraugus
Cody E. Sawyer, 19, of Mosher Highway Road, Cattaraugus
Chantelle L. Niemer, 18, of Greenleaf Lane, Cheektowaga
Chelsie L. Suttell, 19, of Penwood Drive, Cheektowaga
Marissa M. Floyd, 18, of Carol Drive, Cheektowaga
Nathan W. Studley, 18, of South Main Street, Cattaraugus
Kyle A. Wittrock, 19, of Stateland Road, Cattaraugus

Dirt bike rider suffers leg injury in accident in Byron

By Howard B. Owens

A 41-year-old dirt bike rider from Rochester was injured Saturday afternoon when he lost control of his bike while riding along abandoned railroad tracks in Byron.

Ernesto Rivera, of Portland Avenue, Rochester, was transported to Strong Memorial Hospital following the 4:14 p.m. accident with a leg injury.

Rivera was reportedly riding along tracks known as the West Shore Tracks when his bike hit a knoll and he was ejected from the bike.

No other vehicles or people were involved in the accident. No citations were issued.

Top Items on Batavia's List

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