The smell of a possible electrical fire is reported at a house located at 30 Chapel St. in Elba.
Elba Fire Department is called to respond.
UPDATE (7 p.m.): Firemen on scene say nothing was found. Elba fire is back in service.
A new judge will be requested to hear the case of Chris Charvella, a member of the Genesee County Democratic Committee charged with aggravated harassment, 2nd.
In Le Roy Town Court this afternoon, Judge Kermit Arrington readily agreed to recuse himself since Charvella had worked on his election campaign.
Likewise, Le Roy Town Judge Charles Dusen will also be asked to recuse himself because the complainant, Republican Jay Grasso, had worked on his campaign.
The recusals will be forwarded to county court Judge Robert Noonan who will appoint another judge.
Assistant District Attorney Kevin Finnell suggested that the case be moved to another town or county because of conflicts of interest in the politically sensitive matter. Charvella's attorney, E. Robert Fussell, opposed the idea and Arrington said there was no adequate basis to justify moving the case.
County Legislator Jay Grasso had Charvella arrested by State Troopers after Charvella made statements on his blog regarding some campaign sign shenanigans and he left a message on Grasso's home phone.
On his blog Charvella said, among other things, that he was going to stick a campaign sign up the arse of the first Republican he encountered at local GOP headquarters if another sign for Republican Senator Mike Ranzenhofer showed up on property he managed.
After a sign reportedly did show up at Charvella's house, with a message written on it that indicated it may have been left by Grasso.
That prompted a call from Charvella to Grasso's home phone.
"Hey, Jerome, it's Chris Charvella. Thanks for reading my blog," was the message Charvella left.
He then posted a blog item that concluded with a picture of an Ewok and the message, "prepare your anus."
In a statement to The Batavian on Friday, Charvella said he didn't believe he did anything illegal.
Before Arrington spoke, Fussell had a brief conversation with Finnell. Fussell asked if the DA's office had received his faxed letter, seeking dismissal of the case because it is a First Amendment issue.
Finnell acknowledged reading the letter, but said "This is not a First Amendment case. ...By calling the house and referencing the blog, that was taken as a threat."
"You're kidding?" said Fussell.
"No, I'm serious," Finnell said flatly.
"I'm ready -- whatever," responded Fussell.
Moments later, an incredulous Fussell told Arrington "We live in a whole new universe than the one I grew up in."
Democrats Rose Mary Christian, who sits on the Batavia City Council, and Lorie Longhany, who chairs the County Democratic Committee, accompanied Charvella in court today.
"This is absolutely not a good use of taxpayer money," Christian said afterward. "There was no threat to Jay or Mrs. Grasso. You should hear some of the messages people have left on my phone. You wouldn't believe the stuff they say. 'You bitch, why did you do that?' I just call them back and say "Here's why."
Longhany said the case is pure politics, adding that Grasso is "trying to shut us up" and that Charvella will wind up paying a hefty legal bill for nothing.
Previously: Local Dem arrested after Republican legislator accuses him of harassing phone call
A two-car accident with injuries has been reported at the intersection of Route 33 and Route 19, Bergen.
It is not blocking.
Bergen Fire and Mercy EMS responding.
Scott F. Doll is back in Batavia this afternoon, dressed in tan slacks and a new, white, unironed shirt, listening to attorneys question prospective jurors in his newest criminal case.
Doll allegedly tried to smuggle a white powdery substance into the Genesee County Jail on May 20, the day he was convicted by a jury of murdering 66-year-old Joseph Benaquist in February 2009.
It turned out the substance, reportedly stashed in a purple balloon concealed on his body, was nothing more than aspirin.
But even aspirin can't be brought into a jail without permission.
Currently, Doll is living in Fallsburg at the Sullivan Correctional Facility.
Sullivan is an all male, maximum-security prison just north of New York City.
Doll is serving a 15-years-to-life sentence.
Dan Killelea, part of Doll's legal team for the murder trial, is representing Doll in the alleged "promoting prison contraband" case.
More than 30 prospective jurors crowded into Batavia City Court at 1 p.m.
A jury for a misdemeanor allegation in city court is comprised of six people with only one or two alternatives. The number of challenges each attorney can make is reduced to three, so jury selection shouldn't last past this afternoon.
The trial is on the docket for Tuesday at 9:30 a.m.
A 15-year-old girl reported missing by Batavia Police on Friday has been found and reunited with her family.
Det. Rich Schauf said no criminal activity is suspected in her disappearance but did not release further details.
A former corrections officer who admitted to workers compensation fraud will spend a couple of more months in jail before serving five months of probation, but the stiffest penalty he may face is paying back the nearly $38,000 he still owes the state.
James S. Gibbs has completed two months in county jail and will serve another two months before being released on probation, Judge Robert C. Noonan ruled today.
In May, Gibbs admitted to charges of grand larceny and attempted workers compensation fraud. He also agreed to more than $40,000 in restitution, with $20,000 payable before his sentencing.
Since then he's allegedly violated the terms of his presentencing release by getting arrested in Monroe County on a possession of a controlled substance charge, and he's been through a divorce in which the couple lost their home.
Rather than a $20,000 payment, Gibbs has paid only $3,003.13.
Over the five years of his probation, his attorney Thomas Burns noted, paying back nearly $38,000 would work out to more than $600 per month, which Burns said seemed like a steep amount to expect Gibbs to pay back (among other expenses, Gibbs must pay child support). He asked for payments of $175 per month.
Even District Attorney Lawrence Friedman acknowledged that asking Gibbs to pay back the full amount in five years was a tall order.
"We ask that you set whatever maximum amount you deem appropriate," Friedman said.
Noonan noted that Gibbs was a good wage earner before his arrest, even in his side job -- driveway paving. He set the monthly payment at $200 per month and ordered that restitution be reviewed next summer.
For previous coverage, click here.
Ronald J. Wendt, the 25-year-old Alexander man convicted of drunken driving and taking the life of a Dansville girl, will spend at least another 15 months in prison and could end up serving a total of seven-and-a-half years behind bars.
Wendt was sentenced in Genesee County Court today on his 11 convictions stemming from the fatal accident in Darien Center on Aug. 14, 2009.
Katie Stanley, 18, died in the crash that also injured three other people, and two of them say they continue to have medical problems.
The top count of Wendt's charges was aggravated vehicular manslaughter, which carries a maximum sentence of 25 years.
Judge Robert C. Noonan sentenced Wendt to two and a half to seven and a half years on that count, and Wendt has already been in Genesee County Jail for 13 months, leaving a minimum of 15 months to serve.
On the other 10 counts, Wendt received concurrent sentences ranging from one year to two-to-six years. (For a list of the counts the sentencing options available to Noonan, click here.)
Noonan called the case a tragedy and noted, as did Friedman, that the underlying DWI charge was no more serious than what hundreds of people in Genesee County face every year. If there had been no accident, Noonan said, and Wendt was still arrested, he probably would have faced a misdemeanor DWI case, have it reduced to a violation and have served no jail time.
"You wouldn’t be standing here and you wouldn’t be facing a prison sentence, but unfortunately your conduct did lead to some serious consequences and I intend to impose a serious prison sentence," Noonan said.
Noonan noted that when he was a young prosecutor, a BAC needed to be a .12 and now it's .08, but a deputy Noonan used to know warned all the time about the dangers of people driving with a .07 or .08 BAC.
"As that expert deputy said, a .08 of BAC has a limitation on their motor skills or shortcomings of their perceptions in operating a motor vehicle, and therefore they engage in conduct that endangers the public," Noonan said. "That's what you did here."
Anybody who drinks and drives could wind up in Wendt's situation, said Friedman.
"They all think it could never happen to them, but it does," Friedman said. "That's why we have these laws. The consequences of this case are far worse than anything we’ve seen from a DWI case in this county in a long ling time. I hope it says that way."
Wendt's defense attorney Thomas Burns said Ron is remorseful.
"This has never been anything other than terrible tragedy," Burns said. "From the onset, from his first statement to Deputy Wescott, Ron has been willing to accept responsibility for his actions."
Wendt made only a short statement when asked by Noonan if he had anything to say.
"I would just like to say there isn't a minute that I don't wish I could take that whole day back," Wendt said. "I don’t know how to express how terrible I feel about this whole incident."
Burns, Friedman and Noonan all praised families on both sides of the case who have shown a good deal of class, composure and grace throughout the case.
Paul Mahus, father of Gabby Mahus, who was a back-seat passenger in the vehicle that hit Wendt's truck as it turned left into the parking lot of My Saloon, read a statement from his daughter.
She's suffered from debilitating headaches since the accident and a good deal of emotional trauma.
"I’m always thinking that Katie could have been doing fun things with us if she was still alive," Paul read from Gabby's statement.
But Mahus, like statements from Rachel Enderle, who was driving the car that hit Wendt's truck, and her cousin Timothy Enderle, also a passenger in the car, did not ask for any specific sentence for Wendt, no call for the maximum term.
"I don’t’ have feeling of hatred toward Ronald at all," said Rachel, through Timothy, who read her statement.
The statement detailed the pain Rachel has suffered because of her foot injury, which still makes it painful for her to walk and has been upsetting to her young daughter.
She did suggest that Wendt be required to speak to groups about drinking and driving and that "I don't want him to forget about it."
After court was adjourned, Timothy Enderle said he was comfortable with the decision.
"I think justice has been served," said Enderle. "Now both of our families can move on."
Friedman met with the families after the sentence and said nobody raised any concerns about the length of the prison term for Wendt.
"As you saw, I didn't ask for any particular sentence," Friedman said. "I didn't feel it was necessary. The court certainly heard from the victims in the case. You said, 'on the lighter side.' It could have been less, it could have been more. The judge has to consider many factors. I certainly respect what he did and the sentence he imposed."
Burns said his client accepted the sentence graciously.
"Given the range of sentences available to the court, I'm pleased the court decided to go to the lower end, toward the minimum," Burns said. "I think it speaks to Ron's lack of prior criminal history, his lack of prior driving while intoxicated offenses."
Darrell Smith, 43, of Queens Drive, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and improper stopping on a highway in the Town of Alexander. Smith was arrested following a report of a one-car accident at 3:32 a.m. on Oak Street in the City of Batavia. Smith allegedly fled the scene of the accident in his car. Smith also faces charges in the city for allegedly leaving the scene of a property damage accident, moving from lane unsafely and aggravated unlicensed operation.
A 17-year-old from Attica Road, Attica, is charged with criminal possession of stolen property, 5th. The youth was allegedly found in possession of a stolen a black Diamond Back BMX-style bicycle. The bicycle had been reported stolen from a person in the Village of Attica on July 3.
Peter J. Gravante Jr., 21, of Townline Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, no license plate lamp and operating without brake lights. Gravante was stopped at 4:08 a.m., Friday, on Route 5, Town of Batavia, by Deputy Kevin McCarthy.
Alexander Kae Zorich, 18, of Batavia-Stafford Townline Road, Batavia, is charged with petit larceny. Zorich is accused of shoplifting from Kmart.
A 16-year-old from Route 20, Alexander, is charged with criminal possession of stolen property. The youth was arrested following an investigation into car break-ins in the Village of Alexander during the night hours of Aug. 6-7. A younger defendant was also arrested, and considered the prime suspect. That case was handed over to family court.
Wesley Herrick Marean, 20, of Bronson Avenue, Avon, is charged with petit larceny. Marean is accused of shoplifting from Kmart.
Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with criminal trespass. Gaulden was allegedly found in a controlled access building at College Village. Gaulden was reportedly barred from the property. On Nov. 4, Gaulden was also arrested for alleged trespass and issued an appearance ticket. For the alleged trespass on Friday, Gaulden was jailed on $500 bail.
Gina Lee Schmidt, 21, of Elm Street, Le Roy, is charged with petit larceny. Schmidt is accused of using a fraudulent check at Walmart.
Peter S. Brigzna, 21, of Townline Road, Bergen, is charged with felony DWI and stopping on a highway. Brigzna was arrested following a report of a car stopped in the middle of the road on Bank Street Road, Batavia, at 6:52 p.m., Friday. Brigzna was allegedly found passed out in the car with the car running and the lights on. He was jailed on $1,500 bail.
Travis J. Schultz, 22, of 3620 Maltby Road, Oakfield, is charged with criminal mischief, 4th. Schultz is accused of recklessly damaging the entry door of Sport of Kings restaurant during a fight with another person.
Clinton A. Anderson, 25, of 8 Walden Creek Drive, Batavia, is charged with criminal contempt, 2nd. Anderson was allegedly involved in a domestic incident with a woman he was ordered to stay away from. He was jailed on $2,500 bail.
Brandon T.C. Johnson, 20, of Culver Road, Rochester, is charged with unlawful possession of marijuana and uninspected motor vehicle. Johnson was stopped at 5:14 p.m., Nov. 3, on Main Road, Corfu, by Deputy Patrick Reeves.
Here were the most viewed posts for October, 2010:
October traffic:
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In October, 2009:
Visits: 147,531
Page Views: 296,348
A stove fire is being reported at 4325 Drake St. Road, Elba.
Elba and Town of Batavia fire departments are being dispatched.
UPDATE 12:18 a.m.: Smoke in the residence. Fire was in a self-cleaning oven and it appears to be out. Town of Batavia Engine 24 returning to the station.
Christiano Cellular's locations are offering an exclusive Free Activation incentive for new or existing Verizon Wireless customers. Throughout the month of November, Christiano Cellular will pay your Activation Fee ($35 first line, $25 each additional) when you activate a new phone with a 2-year service agreement at both of their Geneseo locations and their Batavia location at 23 Jackson St.
As a long-standing Verizon Authorized Wireless Retailer, Christiano Cellular is well-equipped with smarter-than-ever phones offering email, broadband and global services; entertainment and productivity Apps; navigation, voice plans, messaging and even social networking!
Join America's Most Reliable Wireless Network and the team at Christiano Cellular will welcome you with Free Activation and Excellent Customer Service. They'll show you a "fascinating and incredible" selection of the latest and greatest phones, recommended accessories. Stop by our Batavia location and we’ll even provide you with a Free Vehicle Charger (or comparable $29.99 accessory) for your new phone!
Don't miss out on this exclusive offer at any of Christiano Cellular's locations! We look forward to seeing you soon!
A resident on Pringle Avenue has asked for police to respond to his house.
He says he came home to find his house broken into. The only thing missing are his keys and his red Chevy Impala.
UPDATE 6:51 a.m.: The car has been located. The owner's brother borrowed it. The owner's brother sent a text message saying he was borrowing it, but the owner didn't read the text message.
A perfect season came to a disappointing end for the Le Roy Girls Volleyball Team Saturday as they suffered their first lost of 2010 in a regional championship game at Genesee Community College.
Le Roy (21-1) lost to Section VI Champions Falconer High School (from near Jamestown) three games to one by scores of 25-21, 24-26, 25-23 and 25-19.
Katlyn Tyler had 21 kills and 20 digs for Le Roy. Megan Condidorio had 22 assists and 18 digs.
Six more photos after the jump -- and we have more than 30 photos available for purchase by clicking here.
A two-car accident with an injury is reported at the intersection of Park Road and Veterans Memorial Drive, Town of Batavia.
The accident is reportedly blocking the intersection.
Town of Batavia Fire and Mercy EMS dispatched.
A grassfire is reported on Tapp Road, near West Bethany Road.
Bethany Fire Department is responding.
When the verdict was pronounced, all Kristen Cianfrini could do was cry.
Melissa Engelhardt, who in her mind, had murdered her 21-month-old son, Andrew Cianfrini, was getting away with it.
Even though experts had told Kristen a manslaughter rather than a murder verdict was possible, especially from a reportedly liberal Chumung County judge who would render the decision in a non-jury trial, she didn't want to believe it.
"I just pushed it out of my mind," Kristen said. "I just thought the evidence was there."
And according to Ed Minardo, director of Genesee Justice, who sat with Kristen through the entire trial, it was.
"How can somebody put poison in a sippy cup and over the next 24 hours watch a baby get sicker and not take him to the hospital and that not be depraved indifference?" said Minardo.
George Engelhardt, Melissa's husband, didn't know what his wife was up to, according to testimony, and Melissa resisted his attempts to get her to take Andrew to the hospital. He didn't know Andrew had been poisoned.
"He was devastated (by the verdict)," Minardo said.
Kristen said her former boyfriend and Andrew's father tried to divorce Melissa after Andrew's death, but couldn't because she was pregnant with the couple's second child.
George Engelhardt doesn't currently have a phone. We've contacted him through Facebook seeking comment.
Judge Peter C. Buckley took more than an hour to read his verdict, meticulously going through his reasoning, while the supporters of Andrew Cianfrini grew increasingly fearful as Buckley's line thinking started to become clear.
"It got to the point where it was just like, 'Get it over with and let us get out of here,'" Minardo said. "It was tortuous."
Minardo said Buckley skipped right past evidence that 24-year-old Englehardt had discussed with friends how to poison a toddler, and that she had researched through Google how to poison a baby.
According to Minardo, the judge said that Engelhardt was unable to comprehend the articles she found online because she only has a GED-level education.
Minardo said Buckley put a lot of stock in the fact that Engelhardt had read that convulsions would proceed death in a methanol poisoning, ignoring statements in the same article that death is likely if a person ingests methanol.
"He used the evidence he wanted to support the conclusion he wanted to arrive at," Minardo said.
Engelhardt's whole idea of poisoning Andrew started with the thought, according to Minardo, that she could some how pin it on Kristen. Even if Andrew didn't die, she could get Kristen labeled an unfit and neglectful parent. Then George and Melissa could gain sole custody, and George would no longer be required to pay child support.
If the Elmira resident had been convicted of murder, she could have been locked away for more than 25 years, possibility for life. With a manslaughter conviction, the sentence range is five to 25 years.
"Andrew's not coming back," said his grandmother, Jean Cianfrini. "There is no justice, no matter how long she gets. But if she only gets give years, I don't think this family can handle it."
Minardo is hoping many people from Genesee County write letters to the Chumung County Probation Department asking that Melissa Engelhardt receive a long, if not the maximum sentence. The department is preparing the required report that Buckley will review prior to sentencing.
Minardo said the community could make a difference.
"The fact that he did not find her guilty of murder second doesn't mean he needs to be lenient in the sentence Melissa gets," Minardo said.
A long prison sentence, Kristen said, would help restore some of her damaged faith in the criminal justice system.
Engelhardt is scheduled for sentencing at 1:30 p.m. on Monday, Dec. 6, in Elmira.
Letters for presentencing review can be sent to:
Brian Dupont
Re: People v. Melissa Engelhardt
Chumung County Probation Department
203 Williams St.
Elmira, NY 14091
Photo: Jean Cianfrini, left, Kristen Cianfrini and Ed Minardo.
The above photo of the Tonawanda was taken about two weeks ago. While the foliage was still evident, there have been significant changes since.
Facing south from the creek bank at the rear of our place.
It's still early and a good morning to drive into southern Genesee and hopefully get a few pics of the Little Tonawanda and the surrounding countryside.
This is the Little T and 55 years ago wading barefoot and catching crayfish below that little riffle was great sport!
This redtail is eyeing me warily.
The falls on the Little T where it flows through Linden.
Though conifers - yet obviously not an evergreen - these larch stand out in contrast against the wooded hills.
The sun was climbing and so was the temperature...it was time to go home and do a little pike fishing behind the house.
It's been a lot of work, but Fedora Diner, at 4974 Ellicott St. Road, Batavia (the former Beehive location) is finally ready to open, according to owner Alice Buckel.
The diner will open Monday, but it's just a soft opening for the first few days. The diner will offer only baked goods and coffee. A full hot-breakfast menu will be served once any kinks in operations get ironed out.
A two car accident with injuries is reported in the area of 7415 Reuben Road, Alabama.
Alabama Fire and Mercy EMS being dispatched.
UPDATE 10:14 p.m.: A second ambulance is requested to the scene.
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