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Former corrections officer admits workers comp fraud

By Howard B. Owens

A former corrections officer admitted in Genesee County Court this afternoon that he filed false workers compensation claims and stole thousands of dollars from the state.

James S. Gibbs, 34, faced a 24-count indictment, but reached a plea agreement to admit to one count of grand larceny and one count of filing false instruments.

As part of the plea, Gibbs will be required to pay back to the state $40,000, with a $20,000 payment due before he is sentenced. 

The maximum sentence under the plea agreement is four months of intermittent incarceration and five years probation and a $5,000 fine.

Gibbs was also required to resign from New York State Corrections.

Gibbs was arrested in October for receiving disability benefits while operating a company plowing snow and sealing driveways.

Courthouse event highlights foster care

By Howard B. Owens

Representatives of CASA (Court Appointed Special Advocates) and other community groups were at the courthouse this afternoon to raise awareness, in particular, of foster care programs.

CASA set up 60 cardboard life-size cutouts representing children in foster care.

Pictured below are Tara Pariso, director of CASA, and Amanda Rissinger and Mary Shaughnessy.

Suspect in alleged Alabama meth lab succumbs to heart attack

By Howard B. Owens

One of the three suspects in an alleged meth lab operation uncovered in November died May 17.

At the time of this death, charges were still pending against Kenneth Mosholder, 45, as well as the other two defendants in the case, Dustin R. Benham, 20, of Darien and a 41-year-old woman from Batavia.

Mosholder's obituary was published on The Batavian by Burdett & Sanford Funeral Home yesterday. We confirmed today with the Sheriff's Office and the U.S. Attorney's Office in Buffalo that the obituary was for the same Mosholder charged in the case.

A spokeswoman for the U.S. Attorney's Office said only that, "the case is proceeding."

Mosholder, according to the obituary, suffered a heart attack.

Local law enforcement as well as the DEA announced a raid on a property in Alabama on Nov. 12. It was one of five suspected meth labs uncovered in the county over a couple of months late in 2009. The property was auctioned off in March for back taxes.

Prominent Batavia-area eye surgeon passes

By Howard B. Owens

Dr. Alan L. Siegel died Wednesday evening, according to an obituary posted by Michael Tomaszewski this morning.

The 57-year-old Siegel was a partner in University Eye Specialists, located on Summit Street in Batavia.

The obituary notes that Siegel had been under the care of hospice.

According to the company website, Dr. Siegel received his BA from Colgate University, an MD from Albert Einstein College of Medicine and performed his residency at Boston University Medical Center. Dr. Siegel specialized in cataract, eye muscle and laser surgeries.

No further details are available at this time.

Landmark Society presents annual art awards

By Howard B. Owens

Fourth-graders countywide competed recently in the 20th Annual Architectural Drawing contest sponsored by the Landmark Society of Genesee County.

The winners were (pictured below):  Stephanie Hoy, 1st Place; Courtney Powers, 2nd Place; Allison Gallup, 3rd Place. Also pictured in the back, Laurie Oltremari, Landmark Society president and Jackie Swinarski, contest coordinator.

Second- and third-place pictures after the jump:

Driver says brakes failed, causing accident that sent her to the hospital

By Howard B. Owens

A Le Roy woman said her brakes failed, causing her to enter the intersection at Ledge Road and Route 77 in Alabama, resulting in a two-car accident Tuesday that sent her to the hospital.

Injured was Sarah Scott, 21, of Oatka Trail, Le Roy. She was transported by ambulance to UMMC with "complaint of pain" injuries.

At 3:55 p.m., Tuesday, Scott was reportedly driving her 1990 Buick sedan eastbound on Ledge Road when she failed to stop at the intersection with Route 77.

She told Sgt. Greg Walker, who investigated the accident, that her brakes failed. Walker reported that a check of the vehicle showed it was low on brake fluid, but the brakes appeared operational.

Scott was issued a traffic citation.

The driver of the other vehicle, 53-year-old Maryann Ander of Medina, was not injured in the accident.

Police Beat: Home Depot employee accused of stealing $2K

By Howard B. Owens

Grace Anne Stewart, 50, of Pratt Road, Batavia, is charged with grand larceny, 4th. Stewart is accused of stealing more than $2,000 in cash over a seven-month period while working at Home Depot.

James Matthew Rodriguez, 30, of Spring Road, Brockport is charged with aggravated unlicensed operation. Rodriguez was stopped by Town of Ogden Police and turned over to the Genesee County Sheriff's Office on a warrant.

Michael John Coffta, 18, of Burns Road, Medina, is charged with unlawful possession of marijuana and unlawful possession of alcohol by a person under 21. During a school-requested K-9 sniff search of school grounds at Oakfield-Alabama High School, the K-9 reportedly alerted on Coffta's vehicle.

Micheal J. Hodgins, 50, of Batavia, is charged with DWI and aggravated DWI with no prior offense. Hodgins was arrested by State Police at 11:40 p.m., Tuesday, on Pearl Street in Batavia.

Today's Deals: Present Tense, T.F. Brown's, Center Street, Herbly Wonderful, and more

By Howard B. Owens

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F.Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Unique specialties for your home and garden, from floral arrangements, to heirloom vegetables, herbs, teas and spices. We have a $25 gift certificate for $12.50

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10. A great Valentine's gift!

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Woman gets bit by dog after allegedly starting fight in neighbor's yard

By Howard B. Owens

"Scruffy" just did what his breed is wont to do when a person in his care is assaulted -- he attacked the aggressor.

An East Main Street woman was sent to UMMC around 8:30 p.m., Tuesday, after she allegedly went onto a neighbor's property and started fighting with a woman who was staying there.

Her leg was reportedly bitten pretty badly.

The woman whom "Scruffy" was reportedly protecting also suffered a dog bite, probably accidentally, when she tried pulling "Scruffy" off the other woman. She was also transported to UMMC.

When the incident started, "Scruffy" was quietly sitting on his own porch at 516 E. Main St., doing what he normally does -- just watching -- when the fight started. He jumped off the porch and attacked the woman who had allegedly come onto his property.

"Scruffy," if that's his real name, Sgt. John Peck wasn't 100 percent sure, is part pit bull.

Neither "Scruffy" nor his owner face any chargers since "Scruffy" did not leave his owner's property and didn't break any laws.

Peck said neighbors were familiar with the dog and described him as normally very friendly. The dog has no prior history of attacks or aggression. Peck said "Scruffy" was friendly with him when he approached.

Whether either of the women will be charged with any crime is unknown, Sgt. Peck said. The case is still open.

Peck said the women had been taunting each other recently, which seemed to precipate the alleged altercation last night.

The police are not releasing any names until and unless actual charges are filed.

(This is a follow up to this initial report.)

Suspect said to make up story that led to Sheriff's search for second subject

By Howard B. Owens

After leading Sheriff's deputies on a two-hour wild goose chase, a 19-year-old man who said he had been living in Elba is in federal custody for allegedly re-entering the country illegally.

Fredy Perez Cortes was found shortly after 12:15 p.m. wandering barefoot at the intersection of Slusser and Galloway roads in Oakfield.

A local resident had given him water, but then called the Sheriff's Office. When Deputy Brian Thompson arrived, Cortes allegedly fled into a nearby farm field and Thompson used his K-9 to chase him and corner him.

Cortes reportedly told Thompson that he and a friend had been in the area looking for work when their truck broke down. He said his friend was somewhere in the area looking for a car to steal.

More deputies responded to the area and began a search for a white pickup truck and a Mexcan male wearing sandles, a dark shirt and light blue pants.

When Cortes was searched following his apprehension, Thompson found a car key in his jeans' pocket.

After it was apparent there wasn't much about Cortes story that was checking out, Thompson remembered that earlier today a 1997 Pontiac Grand Am had been found in the West Batavia area near Donahue Road. It apparently had been involved in a property damage accident and had been towed to Parise's Automotive. Thompson took the key to the car and it fit.

Allegedly, Cortes had been driving the car, possibly after drinking, and then fled the scene of the accident. He then became lost in the Town of Oakfield and stopped at a farmhouse asking for water.

Thompson said he does not believe Cortes actually broke into any residences and that there never was a second subject involved in the incident.

No New York charges are pending.

"It is much more expedient to allow the ICE officers to handle the situation," Thompson said.

Cortes was turned over to Immigration and Customs Enforcement Deportation Officer 
K. Hobart. He will be charged with illegal re-entry after deportation, a federal felony.

(initial report)

One-time wanted suspect sentenced to prison

By Howard B. Owens

A youth who was wanted by local law enforcement, and allegedly led Batavia Police, State Police and Sheriff's deputies on a manhunt in the city two months ago, was sentenced to prison time for a violation of probation.

Christopher Laird, 17, originally from Elba, but has also lived in Le Roy and Batavia, failed to report for probation meetings in early 2010.

Police eventually caught up with Lair in Le Roy on April 4, two days after the manhunt, which involved a State Police helicopter.

Laird's probation was revoked. He will spend one to three years in state prison.

Deputies conducting manhunt for possible car thief in Slusser Road area

By Howard B. Owens

Sheriff's deputies are in the area of Slusser and MacCumber roads, Oakfield, where one subject is in custody and deputies are looking for a second person who may be in the area with the intent to steal a car.

A deputy originally spotted a person walking on Slusser Road, and when the deputy attempted to make contact with that individual, he ran into a field.

The deputy chased him down and after being taken into custody, the individual apparently told the deputy he and a friend had a car break down so they were in the area looking for a car to steal.

The subject still at large is described as a Mexican male. His friend said he will try to run if he sees law enforcement.

UPDATE 12:46 p.m.: The search continues. The individual taken into custody has apparently been evasive in his answers at times, but he apparently said that he and his buddy -- they live in the Oak Orchard area of Elba -- have been out of work for three months and were out looking for work when their truck broke down.

UPDATE 1:56 p.m: The search seems to have moved to an area of Oak Orchard Road where the second subject is believed to reside. At the scene of the original call, Deputy Brian Thompson said the call started when area residents reported a Mexican male, not wearing any shoes, walking house-to-house. A woman at one house gave the man some water and called the Sheriff's Office. That's where Deputy Thompson first saw the man, who started to run. Deputy Thompson deployed his K-9, who quickly helped detain the man. 

Deputy Thompson said the common method for daytime house burglars is to not wear shoes, minimizing footprints. He said he thinks the jobless men were out looking for food.

Immigration Control and Enforcement officers were on scene. But the subject detained is not believed to be in the country legally.

Thompson said in his 19 years with the Sheriff's Office, he hasn't known too many migrant workers to get involved in petty crimes, but with the crack down on farmers hiring undocumented workers, it's getting harder for those without papers to find work.


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Police Beat: Trespass charges filed against duo in Le Roy

By Howard B. Owens

Jesse Adam Dispenza, 24, of Union Street, Scottsville, is charged with trespass. Dispenza is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

Marissa Christine Zeiner, 19, of Sunset Circle Lane, Brockport, is charged with trespass. Zeiner is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

A 17-year-old resident of Maple Avenue in Le Roy is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop by Deputy Matt Butler at 5:03 p.m., Saturday.

Ami Kadar, 64, of Albion, is charged with harassment, 2nd. Kadar was arrested this week by State Police on Maple Avenue, Elba, in connection with an alleged incident at 12:01 p.m., March 30. No further details are available.

Jorge L. Portugal-Pineda, 22, of Elba, is charged with DWI, driving with a BAC of .08 or greater, unsafe tires and consuming alcohol in a motor vehicle. Portugal-Pineda was arrested by State Police on Transit Road at 3:15 p.m., Monday.

Ethan R. Kitanik, 19, of Oakfield, is charged with unlawful possession of marijuana, and ticketed for no headlights. Kitanik was stopped by State Police on Oak Street in Oakfield at 10:55 p.m., Sunday.

Map company clarifies position with chamber on local ad sales effort

By Howard B. Owens

The co-owner of a company that makes an ad-supported map product said he wants to make it clear he takes seriously concerns that his sales reps may have left an impression with some local businesses that his company is working with the Genesee County Chamber of Commerce.

"We are acknowledging that we are not affiliated with the chamber on this edition," said Matt Vonderhaar, of Cincinnati-based Universal Advertising Associates.

Yesterday, The Batavian reported that chamber officials were concerned that Universal was representing a tie with the chamber in its sales efforts for a map of Genesee County.  The chamber has its own map project, which The Batavian is providing support for on the upcoming edition.

Vonderhaar said his 35-year-old company has been doing business in Batavia for 20 years.

In fact, he said, from 1997 up until June 2008, the chamber had a free ad on the Genesee County map in exchange for distributing the map through the chamber office.

He said Universal produces maps in 42 states, and many of them are affiliated with local chambers. He suggested that perhaps some of his 35 sales reps are conditioned to talk about the chamber connection from those other sales calls.

He said if anyone has any concerns about his reps sales tactics, they should contact him directly through his company's website.

"This is a second-generation business," Vonderhaar said. "We put out a great product. We're very proud of what we do. If anybody has an issue with our business they should call me directly."

Juror in Scott Doll trial responds to verdict critics, discusses difficult deliberations

By Howard B. Owens

A juror in the Scott Doll murder trial contacted The Batavian today and after confirming the juror's identity, we agreed to anonymously publish this account of the juror's experience.

I just have a couple things to say about the Scott Doll trial. I was a  juror who sat in the front row. I would not like to give my name or my number as I am not trying to cause any problems with this statement, just  want to clear some things up, that have been on my mind since last Thursday.

I wanted to start off by saying that none of us in the jury chose to be in that box for the three weeks, we were chosen by both sides of the case as they felt we were the most impartial and non-biased individuals out of the pool they had to choose from. That being said, I would like to also tell everyone that none of us had preconceived notions as to the guilt or innocence of Mr. Doll. And for those of you who have comments such as "shame  on the Jury," you were not in that deliberation room discussing the facts/evidence so you have no idea what we went through.

No one but the 12 of us that were locked in that room for 12 hours knows what we discussed, and let me tell you there was quite a lot of discussion taking place. I do not like the fact that almost instantly people comment that we locked up an innocent man, that there is a "real" murderer on the streets. To you all, we all examined the evidence, and listened to all the testimonies. We all listened to the opinions and concerns that each of us had, and NO ONE was forced into making a guilty verdict when we took our  final vote.

We DID NOT rush things to get it over with. Anyone who had reservations on coming up with a verdict was allowed to voice their opinions. It all comes back to the evidence. Mr. Cambria told us to use our "common sense" when it came to deliberating on a verdict. We all felt that the evidence all pointed back to Mr. Doll, and to us that was "Common Sense" as that is what the evidence showed us. If there had been other evidence showing otherwise we would have considered it.

For the record, it's not the easiest thing to give a guilty verdict either. Knowing someone's life was in our hands weighed on our hearts and minds those final minutes of the trial. And it is definitely not easy to hear the cries and look at the faces of the family either, even when you know that the right thing was done according to the evidence that was presented to us. I'm sorry if that upsets some of you reading this, but trust me I have not nor will I ever forget this event. I have certainly not moved on with my life and left it behind. And I hope to never have to do something like this again.

My thoughts and prayers are with both the Doll family as well as the Benaquist family. I know that both families are now missing a member, and things will never be the same, and that is something that I will think about daily, for the rest of my life. If anyone thinks otherwise they are greatly mistaken.

Batavia Police announce results of May traffic enforcement efforts

By Howard B. Owens

Sixty-two drivers in Batavia received traffic citations in May as part of a joint Batavia PD and State Police effort to crack down on mobile phone use and seat belt violators.

The Batavia Police received a grant earlier to help fund increased enforcement of these laws as part of a statewide effort.

In May, checkpoints were set up on Law, Clinton and Oak streets.

The State Police cooperated in the last location, setting up its Commercial Vehicle Enforcement Unit. Nine tickets were issued to truck drivers at the checkpoint near the Thruway entrance.

The city will conduct future enforcement actions as part of the grant it received from the governor's Traffic Safety Committee.

CORRECTION: Lt. Henning informed me that I got my enforcement grants mixed up. The grant for this particular set of checkpoints was for police to look for vehicle violations. You drive through a check point and the police check your registration and inspection, etc.  There is another grant, also still active in the city, for seat belt and mobile phone violations.  The May results of that enforcement effort have not been released yet.

Reported fight in progress with dog involved

By Howard B. Owens

A fight-in-progress has been reported at a residence near Pontillo's.

A dog was reportedly being used to attack a victim.

Police are on scene and have requested Mercy EMS for a person with cuts to the leg.

UPDATE 8:40 p.m.: A second ambulance has been requested to 516 E. Main St., where Mercy EMS reports a second victim needing transport to a hospital.


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