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January 23, 2020 - 4:07pm
posted by Billie Owens in crime, news, notify, batavia, elba, bergen, oak field.

James E. Tripp, 58, of Batavia, is charged with three counts of possession of a sexual performance by a child, a Class E felony. The incident allegedly occurred Oct. 13, 2017 and he was arrested by NYS Police Troop A in Batavia on Jan. 21 and arraigned at 10:08 a.m. in Town of Batavia Court. He was issued an appearance ticket for a later date, unspecified, in Batavia Town Court.

Kyle A. Mancuso, 27, of Ellicott Street, Batavia, is charged with: unlawful imprisonment; harassment in the second degree; and criminal mischief in the fourth degree. Mancuso was arrested Jan. 19 following an investigation of a domestic complaint that occurred that morning at 3:29 a.m. on Ellicott Street in Batavia. He was arraigned in Batavia City Court and was due there again today (Jan. 23). The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Brian J. Miller, 38, of Harvester Avenue, Batavia, is charged with: second-degree harassment; criminal mischief; and criminal obstruction of breathing. Miller was arrested after a Jan. 12 domestic incident on Harvester Avenue. He was arraigned in Batavia City Court, released on his own recognizance, and is due back in court Jan. 30. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Johnathan Brice White, 27, of Buffalo Street, Bergen, is charged with falsifying business records in the first degree and criminal contempt in the second degree. On Jan. 23, White was arrested. It is alleged that White made a false entry into the business records at Genesee County Jail by using the personal identification number belonging to another inmate. It is also alleged that White's intention to defraud was to conceal his identity while violating an order of protection. He was issued an appearance ticket for Jan. 28 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Phillip P. Heale, 41, of Woodrow Road, Batavia, is charged with second-degree criminal contempt. Heale was arrested Jan. 15. He is accused of violating an order of protection barring him from contacting the protected party at 11:27 p.m. Jan. 15 on Washington Avenue in Batavia. He was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Peter Flanagan.

Franklin Dean Cook, 37, of Ridge Road, Elba, is charged with first-degree criminal contempt. He was arrested Jan. 22 on an arrest warrant out of Elba Town Court that was issued Jan. 15. It is alleged that on Jan. 8 on Ridge Road in Elba that he violated a stay away order of protection. He was arraigned in Elba Town Court and is due back in court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Andrew Mullen.

Travis James Schultz, 31, of Webber Avenue, Oakfield, is charged with driving while intoxicated -- first offense, and refusal to take breath test. Schultz was arrested following an investigation of a hit and run accident that occurred at 12:59 a.m. Jan. 19 on West Main Street in Batavia. Police located the suspected vehicle involved and arrested Schultz, who was released with appearance tickets. He is due in Batavia City Court on Feb. 5. The case was investigated by Batavia Police Officer Nicole McGinnis, assisted by Officer Sean Wilson.

Christopher M. Sims, 31, of Batavia, address not provided, was arrested by Wyoming County Sheriff's Deputy William Asquith on Jan. 21 on Silver Lake Road in the Town of Perry. Sims was allegedly found to be operating his vehicle while the registration was suspended for an insurance lapse. He is charged with operating a vehicle with a suspended registration. Sims was released on an appearance ticket for Town of Perry Court and he is due there at a later date (unspecified).

January 20, 2020 - 7:23pm
posted by Howard B. Owens in The Firing Pin, bergen, news, notify.

gun-rally-dump-2-3-1068x712.jpg

Brandon Lewis, owner of The Firing Pin in Bergen, didn't travel to Virginia this weekend to become a bit of a celebrity.

He just wanted to support fellow gun owners in a state facing potential gun laws as restrictive, or perhaps more so, than what has already been imposed on New Yorkers.

"In this day and age, we could never stand up against the government with all of their drones and tanks but this shows where we came from," Lewis said tonight during his drive back from Virginia.  "The government is us. The government is of the people and by the people and for the people and it's good to remind them of that, that there is a Second Amendment, which is a kind of check and balance."

Lewis brought with him his Barrett M82A1 rifle, a .50 caliber semi-automatic rifle, which is nearly five-feet long and weighs 29.7 pounds.

"I guess it's a certain eye-catching firearm and that was kind of the point," Lewis said. "If we're going to go, let's bring something we have and I know every time I bring it out to the shop, everybody drops what they're doing.  

"I didn't think it would be quite as popular as it was," Lewis added. "I thought I'd get some thumbs up and some high-fives but it got crazy at times."

As soon as one person asked to take a picture of Lewis, 10 more would join in, he said.

He's been featured in the Washington Post, New York Post, and the Virginia Mercury

Lewis said he made the trip for two reasons: One is gun owners in Virginia are facing a new restrictive gun law that appears to have support of the Virginia Legislature (Virginia is apparently dealing with the same kind of urban domination of rural counties that has beset New York) and there is also a law that would all but ban indoor ranges.

Lewis, of course, operates an indoor range.  

He said it's his understanding the law would either say indoor ranges need to be government-owned or that 90 percent of the customers would need to work for a government agency, such as police departments or the military, which, Lewis fears, would lead to range owners collecting data on users of their facilities that would then become data accessible by the government.

The rally was attended by an estimated 22,000 gun rights advocates and news reports indicate it was peaceful and without incident.

Lewis said he and his wife Anna-Marie were among the last to leave. As they were heading out of town, they listened to a public radio station that apparently has offices overlooking the public space where the rally was held. He said the announcers noted that the protest area was the cleanest they had ever seen it following a rally.

"We kind of took a Boy Scout attitude of 'leave no trace,' " Lewis said. "I don't know if that came from the organizers, the Virginia Citizens Defense League, or people just took it upon themselves but at the end, it was police-trash time and everybody picked up their garbage."

Photo: By Ned Oliver/Virginia Mercury. Used with the permission of the Virginia Mercury.

January 14, 2020 - 2:30pm
posted by Billie Owens in news, bergen, accidents.

A two-vehicle accident with minor injuries is reported in Bergen at 7880 Clinton Street Road, east of Dublin Road. Bergen Fire Department and Mercy medics are responding.

UPDATE 2:40 p.m.: Fire command asks for a flatbed tow and says to tell the operator a vehicle is completely over and behind a guard rail, so it will need to be lifted up and over it, or the guard rail will have to be taken down in order to access the vehicle for removal. A guy wire is down and a first responder reports a power outage in the vicinity. Traffic control is needed.

January 14, 2020 - 1:56pm
posted by Billie Owens in bergen, Milestones.

PENSACOLA, Fla. -- Madeline Corcimiglia, of Bergen, was named to the dean's list by Troy Shoemaker, Ph.D., president of Pensacola Christian College, for academic achievement during the 2019 fall semester.

This was a result of earning a semester grade-point average of 3.00 or higher.

Pensacola Christian College is a liberal arts college enrolling students from every state in the United States and from around the world. The College has an enrollment of nearly 5,000 students (undergraduate, graduate, and seminary) and offers a variety of programs of study.

January 7, 2020 - 11:16am
posted by Billie Owens in crime, news, bergen, notify.

A man who lives on Liberty Street in Batavia was arrested in the early morning hours Monday after a traffic stop in Bergen turned into a pursuit.

Edward George Ruckdeschel (inset photo), 57, was stopped by Genesee County Sheriff's deputies at 5:04 a.m. in the 7900 block of Clinton Street Road (Route 33).

He allegedly stole a vehicle from a residence in Orleans County. According to the Sheriff's Office, he led deputies on a vehicle pursuit, then a foot pursuit, which ended in the Town of Wheatland, Monroe County.

Ruckdeschel is being charged with: criminal possession of stolen property in the fourth degree -- a motor vehicle; second-degree obstruction of governmental administration; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; unregistered motor vehicle; failure to yield right of way when entering a roadway; no or inadequate head lamp; side windows non-transparent; and unauthorized stickers.

The defendant was issued appearance tickets and is due in Town of Bergen Court at 3 p.m. on Wednesday, Jan. 15.

The case was handled by Deputy Jordan Alejandro.

January 2, 2020 - 7:50am

Submitted photo and press release:

BERGEN -- Jillian Menzie (third from left top photo) accomplished quite a feat last year, raising more than $4,000 for Arc of Genesee Orleans with the support of her fellow bowlers. Her goal this year was to raise more.

She didn’t disappoint, turning in $5,077 in cash and an additional $845 in gifts and gift cards. She did this with the help of league bowler Megan Jarkiewicz, who was able to accompany her on many of her fundraising trips through 11 towns in three counties.  

Three other Rose Garden bowlers helped raise an additional $327.80 in the effort: Landon Kent ($102.80); John Gabalski ($125) and his brother Hugh Gabalski ($100), bringing the grand total raised in cash to $5,404.80!

“Counting all the gifts, Jillian led the effort to collect over $6,240.00 for the Arc of Genesee Orleans,” Arc Community Relations coordinator Sandy Konfederath said.  “The funds have been targeted to help with technology needs and art program for our new GO TO Hub center at 64 Walnut Street, Batavia."

Jillian’s family has been raising money for Arc of Genesee Orleans since Jillian’s father Jerry was a youth bowler, and Jillian’s grandmother, Ellen Menzie, ran the Rose Garden’s Youth bowling league and was a Bowl-A-Thon volunteer. Jillian logged 43 hours of volunteer time collecting donations this fall and winter, ensuring a strong finish, as she gets set to tackle the last semester of her senior year at Byron-Bergen.   

At BBCS, Jillian is the Student Council president, National Honor Society president, and is a member of band, elite choir (Singing Silhouettes) and is in this year’s school musical, “School House Rock.” She played Varsity soccer and is a member of Varsity Club, Spanish Club, Alliance for Equality Club, attends school board meetings and is the school mascot.

Outside of school, Jillian is involved in the “Young Life” youth group, has a 190 bowling average and holds down a part-time job at McDonald’s. She intends to pursue a career in teaching or nursing and plans to continue volunteering and helping people throughout her life.

“Megan and I have been working together for a few years on this fundraiser,” Jillian said. “My hope is that she’ll carry iton in the years to come."

Besides bowling, Megan, a sixth-grader at BBCS, also plays soccer and basketball. 

Jillian wishes to thank the league bowlers who participated and the community and businesses who generously supported the event!

December 18, 2019 - 1:13pm
posted by Howard B. Owens in accident, news, bergen.

An accident with injuries is reported on the westbound off-ramp of the I-490 in Bergen.

Bergen fire along with the Bergen ambulance and Le Roy Ambulance Service dispatched.

The accident is not blocking.

December 17, 2019 - 3:19pm

Katty L. Jackson, 23, of East Main Street, Batavia, is charged with: second-degree harassment; fourth-degree criminal mischief; second-degree strangulation; and unlawful imprisonment in the second degree. Jackson was arrested at 10:15 p.m. on Dec. 7 on East Main Street, Batavia, following an investigation into a physical domestic incident. She was arrested and arraigned in Batavia City Court and put in jail. No bail specified. She was due to return to city court Dec. 9. The case was handled by Batavia Police Officer Wesley Rissigner, assisted by Officer Lindsay Christopher.

Nicole R. Griffin, 37, of State Street, Batavia, is charged with second-degree harassment -- physical contact. She was arrested at 5:47 p.m. on Dec. 14 following a physical altercation inside Walmart in Batavia. Griffin was released on an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Miah Stevens.

Bleyke Z. Culver, 23, of Walnut Street, Batavia, is charged with second-degree harassment. Culver was arrested at 11:30 a.m. on Dec. 10 on Walnut Steet after allegedly threatening to subject a person to unwanted physical contact during a domestic incident. Culver was issued a computer-generated appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Michelle L. Sahr, 52, of North Main Street, Albion, is charged with second-degree harassment. Sahr was arrested at 8:48 p.m. Dec. 8 on Prospect Avenue in Batavia after allegedly showing up repeatedly at a residence and being told each time she needed to leave. Sahr was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Marc Lawrence.

Thomas James Noce, 26, of North Lansing Circle, Rochester, is charged with: aggravated driving while intoxicated -- a BAC of .18 or more; DWI; reckless driving; failure to stop at stop sign; and operating a motor vehicle while using a portable electronic device. Noce was arrested on Dec. 16 on Clinton Street Road in Bergen at 10:50 p.m. on Dec. 16 following the investigation of a motor-vehicle accident. He was issued appearance tickets and released and is due in Bergen Town Court on Jan. 8. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Ryan Young.

Matthew G. Vandyne, 57, of Purdy Road, Canandaigua, is charged with: driving while intoxicated -- second offense; DWI with a BAC of .08 percent or more, with a prior conviction; and drinking alcohol in a motor vehicle. Vandyne was arrested at 1:06 a.m. on Route 237 in Byron following an investigation. He is due in Byron Town Court on Jan. 6. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Linda Marie Doucette, 54, of Lake Road, Brockport, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; and moving from lane unsafely. Doucette was arrest following an investigation of a motor-vehicle accident at 7:38 p.m. on Dec. 13 on Reuben Road on the Tonawanda Indian Reservation. She was issued appearance tickets for Dec. 23 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Michael Lute.

Baillie Marie Schwab, 20, of Maxim Road, Attica, is charged with: driving while intoxicated -- a BAC of .18 percent or more; DWI; and open container of alcohol in a motor vehicle. Schwab was arrested at 5:07 a.m. on Railroad Avenue in Alexander following a complaint of a female slumped over the wheel in a vehicle in the middle of the roadway in Alexander. She was released on appearance tickets and is due in Alexander Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy James Stack.

Todd J. Pangrazio, 43, of Annamarie Terrace, Cheektowaga, is charged with aggravated unlicensed operation in the first degree and passing a red light. At 5:59 p.m. on Dec. 15, Pangrazio was allegedly observed passing a steady red light at the intersection of Main and Court streets in the City of Batavia. A traffic stop was conducted. It was determined that Pangrazio possessed a suspended NY non-driver ID with 10 or more scoffs on 10 or more dates. He was issued an appearance ticket and released on his own recognizance. He is scheduled to appear in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Eric J. McGill, 36, of Hutchins Place, Batavia, is charged with trespass. He was arrested at 5:37 p.m. on Dec. 14 in Walmart in Batavia after entering the business, from which he was previously banned. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Sgt. Dan Coffey.

Vincent A. Sanfratello, 53, of Liberty Street, Batavia, was arrested on Dec. 10 on a bench warrant out of Batavia City Court. He was processed and arraigned in city court and is due back in court on Jan. 28. The case was handled by Batavia Police Officer Arick Perkins.

December 6, 2019 - 1:38pm
posted by Howard B. Owens in crime, New, notify, batavia, bergen, Amber Alert.

Guillermo Torres-Acevedo, 23, of Batavia, pled guilty today in Genesee County Court to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

The maximum possible sentence the Puerto Rico native could receive is six years in prison, with 10 years of parole afterward.

Torres-Acevedo will be sentenced on Feb. 18 in Genesee County Court, after he is first sentenced in Federal Court in Buffalo on Feb. 13.

On Wednesday, Torres-Acevedo pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

There is no promise of concurrency in county court with the federal sentence, which ranges from six and a half to up to 20 years in prison. The federal penalty could also include a fine of up to $250,000.

The defendant was arrested on Nov. 26, 2018 in Genesee County and charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

December 6, 2019 - 10:28am
posted by Howard B. Owens in accident, news, bergen.

A vehicle is off the road and into the woods in the area of 7682 Clinton Street Road, Bergen.

Unknown injuries.

Bergen fire and Mercy EMS dispatched.

UPDATE 10:41 a.m.: The operator of the vehicle is at the Dunkin' donuts store at 8073 Clinton Street Road. A medic is going there to evaluate the driver's condition.

December 5, 2019 - 5:20pm
posted by Billie Owens in bergen, crime, news, notify.

File photo and press release:

U.S. Attorney James P. Kennedy Jr. announced Wednesday (Dec. 4) that Guillermo Torres-Acevedo, 23, of Batavia, pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor to travel to engage in criminal sexual activity.

The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on Nov. 25, 2018, the defendant, then a 22-year-old man, had sexual relations with a 14-year-old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

The plea is the result of an investigation by: the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for Feb. 13 before Judge Geraci.

 Editor's Note: Torres-Acevedo also faces charges in Genesee County Court and a plea deal is expected in the case, which is on the court calendar for 11:30 a.m. tomorrow (Dec. 6). Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

December 3, 2019 - 4:31pm
posted by Billie Owens in batavia, crime, news, notify, corfu, bergen, Le Roy.

Jerrol Paul Newell, 50, of East Main Street, Corfu, (photo above) is charged with: three counts of second-degree strangulation (Class D felonies); unlawful imprisonment in the first degree (Class E felony); and two Class A misdemeanors -- second-degree menacing -- displaying a weapon or dangerous instrument, and third-degree assault. At 7:50 a.m. on Nov. 29, Newell was arrested after the Genesee County Sheriff's Office investigated a domestic incident that occurred on East Main Street in the Village of Corfu. He was arraigned in Pembroke Town Court and put in Genesee County Jail with bail set at $50,000 cash. The case is still under investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Ryan DeLong. The Sheriff's Office was assisted by members of the Corfu Police Department, the Wyoming County Sheriff's Office and the New York State Police.

Mark T. Helm, 38, of State Street, Batavia, (inset photo left) is charged with second-degree assault and endangering the welfare of a child. Helm was arrested at 9:41 p.m. on Nov. 24 on State Street after allegedly striking a person, causing serious physical injury, all while in front of four children. Helm was arraigned in Batavia City Court and jailed without bail. He was due back in city court on Nov. 26. The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger.

Kiha S. McNear, 22, of Lake Street, Le Roy, (inset photo right) is charged with: criminal mischief -- intentionally damaging property; second-degree criminal contempt; aggravated criminal contempt -- previous conviction; and second-degree burglary -- illegally entering a dwelling. McNear was arrested at 9:35 p.m. on Nov. 25 at a resident on Walnut Street in the City of Batavia. He allegedly entered the residence of a person who has an order of protection against him and damaged some of the person's property. He was arraigned in Batavia City Court on Nov. 26 and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Miah Stevens.

Above photo taken after the arrest of Colby J. Swain, courtesy of NYS Police -Troop A, Batavia.

Colby J. Swain, 34, of Amherst, was arrested Nov. 30 by New York State Police and charged with criminal possession of a weapon in the second degree ("loaded firearm other than a person’s home"), a Class C felony, and criminal possession of marijuana in the third degree, a Class E felony. Swain was stopped at 1:45 p.m. on I-90 in the Town of Batavia for a vehicle and traffic violation. During the interview, troopers determined there was "probable cause to search the vehicle." A duffle bag which was locked with a combination lock was located inside the vehicle. Swain allegedly refused to cooperate with the investigation, which result in the troopers obtaining a search warrant for the bag. "Inside the bag that Swain claimed ownership of, was over 11 ounces of marijuana and a loaded Smith and Wesson M&P .45-caliber pistol with an 8-round magazine" (in photo above). Swain did not possess a pistol permit. Swain was arraigned before the Town of Batavia Court and released under the supervision of Genesee County Probation. No return court date is available at this time.

Justin P. Mcgirr, 37, of Ross Street, Batavia, and Jeremiah T. Jones, age and address not provided, are charged with disorderly conduct by way of fighting/violent behavior. They were arrested on Ross Street after they were allegedly observed in a physical fight by police at 1:07 p.m. on Nov. 23. They were issued appearance tickets and were due in Batavia City Court at 1 p.m. today (Dec. 3). The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Jonathan Brice White, 27, of Buffalo Street, Bergen, is charged with second-degree criminal contempt. White was arrested at 3:15 p.m. on Nov. 13 after he allegedly repeatedly violated a full stay away order of protection by contacting the protected party. After his arraignment in Batavia City Court, he was jailed on $1,000 bail, cash or bond. He was due back in city court Nov. 26. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Raylynne M. Santiago, 20, of Walnut Street, Batavia, is charged with harassment and obstruction of governmental administration. Batavia Police Officer Peter Post arrested Santiago following a domestic incident reported at 12:50 a.m. on Nov. 24 in the vicinity of Jackson and Maple streets in the city. She was due in Batavia City Court at 1:30 p.m. today (Dec. 3). Post was assisted by Officer Stephen Cronmiller.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespassing. He was arrested after a trespass complaint was made at 11:35 a.m. on Nov. 20 at the Richmond Memorial Library on Ross Street in the city. He was due in Batavia City Court this afternoon (Dec. 3) to answer the charge. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Ross D. Rahn, 24, of Main Street, Le Roy, is charged with: stopping on a highway; moving from lane unsafely; and driving while ability impaired. At 1:28 a.m. on Dec. 2, Batavia police responded to a call of a vehicle parked crossways across the roadway on West Main Street near Vernon Avenue in the city. Rahn was subesquently arrested, issued appearance tickets, and is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Zachary J. Marrow, 28, of Manhattan Avenue, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent of more, and DWI -- first offense. Marrow was arrested at 12:31 a.m. on Nov. 16 on East Main Street in Batavia. He is due in Batavia City Court on Dec. 11. The case was handled by Bataiva Police Officer Miah Stevens, assisted by Officer Arick Perkins.

Gregory F. Frieday, 34, of Osterhout Avenue, Batavia, is charged with fourth-degree criminal mischief, a misdemeanor. On Nov. 17, Genesee County Sheriff's deputies responded to a complaint of criminal mischief for a broken exterior window at Batavia Downs. Following an investigation, it is alleged that Frieday broke an exterior window on the south side of the building. He was issued an appearance ticket and is due in Town of Batavia Court on Dec. 19. The case was handled by Deputy Brock Cummins, assisted by Deputy James Stack.

Melynda M. Gayhart, 31, of Hutchins Street, Batavia, was arrested on Nov. 25 on a bench warrant out of Batavia City Court. This stems from a larceny incident which occurred on Feb. 17 on East Main Street in Batavia. After her arraignment in city court, she was released and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Nicole McGinnis.

December 2, 2019 - 6:30pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, bergen, Oakfield, Alabama, Le Roy.

Donald J. Frisby is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on July 14 on Clay Street in the Town of Le Roy that Frisby subjected another person to sexual contact by forcible compulsion.

Morgan L. Cox Jr. is indicted for the crime of menacing a police officer, a Class D violent felony. It is alleged that on Sept. 28 in the City of Batavia that Cox intentionally place or attempted to place a police officer in reasonable fear of physical injury or serious physical injury or death by displaying a knife while the officer was performing his duties. In count two, Cox is accused of first-degree menacing, a Class E felony, for allegedly intentionally placing another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, Cox is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly intentionally using a dangerous instrument -- a knife -- against another person. In count four, Cox is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count four that Cox intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Cox is accused of having been convicted of second-degree menacing, a Class A misdemeanor, in the City of Batavia (date not provided) and that conviction forms the basis of counts two and three in the current indictment.

Steven M. Lindner is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 18 in the City of Batavia that Lindner knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, also a Class B felony. It is alleged in count two that the defendant possessed a narcotic drug -- fentanyl -- with intent to sell it. In count three, Lindner is accsued of criminal possession of a controlled substance in the fifth degree, a Class D felony, for allegedly possessing cocaine in an amount weighing 500 milligrams or more. In counts four and five, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing controlled substances unlawfully -- fentanyl and alprazolam. In count six, he is accused of unlawful possession of marijuana in the second degree, a violation.

Carey Culverhouse is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Sept. 2, 2017 in the City of Batavia that Culverhouse intentionally seriously injured another person by means of a dangerous instrument -- a knife.

Dalton C. Kelly is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 18 on Chase Park in the City of Batavia that Kelly intentionally caused physical injury to another person by means of a dangerous instrument (not specified). In count two, Kelly is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death, or attempting to do so, by displaying a dangerous instrument (unspecified).

Kevin J. Weber is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 19 on Judge Road in Alabama that Weber intentionally caused serious physical injury to another person. In count two, he is accused of third-degree menacing, a Class B misdemeanor, for allegedly placing, or attempting to place, a person in fear of death, imminent serious physical injury or physical injury by means by physical menace.

Shonje K. Jefferson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 27 in the City of Batavia that Jeffereson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, Jefferson is accused of unlawful possession of marijuana in the second degree, a violation.

Darius L. Jones and Trevon L. Armstrong are indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Oct. 2 in the City of Batavia that they possessed a loaded firearm, an Amadeo Rossi .38-caliber revolver. In count two Jones and Armstrong are accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that on Oct. 2 they intentionally disobeyed or resisted the lawful process or mandate of a court. In count three, they are accused of endangering the welfare of a child for allegedly knowingly acting in manner likely to be injuious to the physical, mental or moral welfare of a child less than 17 years old. In count four, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing acetaminophen / oxycodone hydrochloride. In count five, they are accused of unlawful possession of marijuana, a violation. In count six, Jones is accused of exposure of a person, a violation, for allegedly appearing in a public place in a manner that exposed his body's private parts.

Louis C. Restivo is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on July 13 in the Town of Bergen that Restivo intentionally caused physical injury to another person by means of a dangerous instrument (unspecified).

Jon N. Roblee is indicted for the crime of menacing in the first degree, a Class E felony. It is alleged that on Sept. 29 in the City of Batavia that Roblee intentionally placed another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a metal pipe. In count two, Roblee is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that he intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Roblee is accused of having been convicted of the crime of second-degree menacing, a Class A misdemeanor, on Nov. 7, 2011 and that conviction was within 10 years of the crimes alleged in the current indictment.

Ernest D. Lane is indicted for the crime of aggravated family offense, a Class E felony. It is alleged that on April 8 at an apartment on Ellicott Street in the City of Batavia that Lane that intentionally disobeyed or resisted the lawful process or mandate of a court -- a valid stay away order of protection issued March 28 in Batavia City Court. He did so by allegedly being at the home of the protected party. In count two, Lane is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly being at the home of the protected party that day. In Special Information filed by the District Attorney, Lane is accused of having been convicted of the crime of third-degree menacing against members of the same household and a special offense because the conviction was within the last five years -- on Jan. 18, 2018.

Katrina L. Gerace is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Elba that Gerace drove a 2012 Mini Cooper on Route 262 while intoxicated. In count two, Gerace is accused for aggravated DWI per se, also a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Gerace is accused of having been convicted of driving under the influence or alcohol or a controlled substance, as a misdemeanor, "Highest Rate of Alcohol .16 percent BAC or higher," on Dec. 8, 2014 in the Court of Common Pleas of Erie County, Pa., and that conviction was within 10 years of the crimes alleged in the current indictment.

Jay W. Schafer is indicted for the crime of criminal possession of a firearm, a Class E felony. It is alleged that on June 19 in the City of Batavia that Schafer possessed a Smith and Wesson, Model 10, .38-caliber Special revolver.

Adam M. Kreutz is indicted for the crime of offering a false instrument for filing in the first degree, a Class E felony. It is alleged that at an address on Fisher Road in Oakfield on June 22 that Keutz presented a supporting deposition to a public servant, knowing that the document contained a false statement or false information and that it would become part of the official records. In count two, he is accused of falsifying business records in the first degree, also a Class E felony. It is alleged in count two that on June 22 at an address on Fisher Road in the Town of Oakfield that he intentionally tried to defraud or make a false entry in the business records of an enterprise. This was allegedly done by providing a supporting deposition that attempted to conceal the commission of reckless driving.

November 29, 2019 - 1:52pm
posted by Billie Owens in crime, news, notify, batavia, bergen.

Daniel John Wolfe, 46, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. It is alleged that on Nov. 25 while housed in Genesee County Jail, Wolfe made two phone calls to a protected party in violation of an order of protection. He was arrested on the charge on Nov. 28 and issued an appearance ticket. Wolfe is due in Batavia City Court at 1 p.m. on Dec. 10. The case was investigated by Genesee County Sheriff's Deputy Chad Cummings.

Sean Michael Crowe, 30, of Cook Road, Bergen, is charged with: driving while intoxicated with a BAC of .08 percent or more with a previous conviction within 10 years; DWI with a previous conviction within 10 years; and having an uninspected motor vehicle. Crowe was arrested at 12:59 a.m. Nov. 28 on South Lake Avenue in Bergen following a traffic stop for an uninspected motor vehicle. Crowe is due in Bergen Town Court on Dec. 4. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. Jason Saile.

November 27, 2019 - 5:05pm
posted by Howard B. Owens in crime, batavia, news, notify, bergen.
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       Torres-Acevedo

There is a potential plea offer pending for Guillermo J. Torres-Acevedo, the 23-year-old Batavia man facing 10 criminal charges locally for allegedly having sex with an underage girl and taking her to Pennsylvania, his attorney told Judge Charles Zambito in County Court today. 

Attorney Thomas Burns asked for time to go over the terms of the plea offer from First Assistant District Attorney Melissa Cianfrini and also confer with Torres-Acevedo's attorney representing him in Federal Court on charges stemming from some of the same incidents.

Zambito deferred the case until 11:30 a.m., Dec. 6.

Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

In Federal Court, he is charged with transporting a minor across state lines for sexual activity. 

Authorities allege that in September, October, and November of last year, Torres-Acevedo engaged in sex acts with a teenage girl and then took her across state lines. He was eventually located with the girl in a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Neither Burns nor Cianfrini revealed in open court the terms of the potential plea agreement nor was there any mention of whether Torres-Acevedo has an opportunity for a plea agreement in Federal Court.

The defendant is currently being held in the Genesee County jail.

November 22, 2019 - 12:59pm
posted by Billie Owens in bergen, Leadership Genesee, news.

Submitted photo and press release:

Leadership Genesee will present awards honoring the 29 members of the Class of 2019 along with the 2019 Outstanding Alumnus Award at the annual Graduation Celebration on Dec. 5th at Terry Hills

Eric Wies, a graduate of the Class of 2006, has been named the Leadership Genesee Alumnus of the Year. The award is presented annually to an alumnus who works to fulfill the program’s mission displaying exceptional achievements and contributions to the community and Leadership Genesee.

Wies is the immediate past chair of the Genesee County Chamber of Commerce and the current president of the Bergen Fire Department.

“My primary volunteer effort is tied to helping people in times of emergency," Wies said. "I joined the Bergen Fire Department in 1992, where I have served as lieutenant, captain, assistant chief, and deputy chief. In 2015, I decided to focus my efforts on a business role with the Fire Department and was elected president, a role I continue today. While I have debated about scaling back my efforts so that I could focus on my career and other potential volunteer efforts, I have come to realize that I will always be a volunteer fireman.” 

As a member of the Genesee County Chamber of Commerce Board of Directors, Wies found his involvement to be very rewarding. The Chamber plays an important role in business and tourism throughout Genesee County and he is happy to be part of their community presence.

“Eric has been an active participant in Leadership Genesee since he graduated in 2006 because he feels that Leadership Genesee has given so much to him that he wanted to give back to the program," said Leadership Genesee Director Peggy Marone. "He served on the LG Steering Committee from 2009 to 2014 and was chair of the Recruiting Committee for five years.

"He obtained sponsorships for our bowling and golf tournaments ensuring his team was ‘dressed’ for the event. Eric’s support and involvement in Leadership Genesee’s curriculum has helped the program grow and become a shining example of servant leadership.”  

Wies said he feels that LG he has been a primary building block in his growth professionally and personally. His philosophy is there should always be time to participate in a program that helps you grow, introduces you to other leaders in the County, and gives you a sense of satisfaction in belonging to a group of people that consider themselves servant leaders.

“An employer that does not support your efforts to better yourself, does not truly understand that the time and money for the program will also result in a better person and employee," Wies said. "I grew up in Bergen, New York and thought I knew everything about the County but, boy, was I wrong.

"The program opened my eyes to agribusiness, gave me a better understanding of the health care issues in the County, and the challenges that local government must face every day."

When asked about previous awards and achievements, Wies said, “For me, the most important awards don’t come with a plaque or trophy, but they do come with a sense of accomplishment or being part of something bigger than you are.

"Helping a friend when his business burned down, helping a single mom at Christmas with presents for her kids, saving a young lady from her burning car, hearing my daughter tell me she loves me, and being part of a group of individuals that make up a team that puts community first.”  

Marone said “This is exactly why Eric is an outstanding selection for this year’s Alumnus Award.”

“He is a true leader," said his nominator Michele Smith, LG Class of 2016 and Bergen Town Clerk. "I witnessed his cool and calm demeanor with the passing of Barry Miller LG ’08 in 2015. Eric was the president of the Bergen Fire Department, I observed several incidences that I don’t know how Eric made it through. I know inside he was a wreck, but as a leader for everyone else who was hurting, he was unwavering.”  

Wies is a principal for Clark Patterson Lee, a multidiscipline architecture, engineering and planning firm. He lives in Bergen with his wife, Carrie, daughter, Hannah, and dog, Casper.

Although he hopes to retire one day, he and his family enjoy getting away for a cruise and more recently trips to remote locations in Vermont to fish and have high stakes games of family Monopoly. Wies is an avid golfer and enjoys spending weekends working on their house.   

The Outstanding Alumnus Award is sponsored by Skip Helfrich of Human Energies.

Leadership Genesee is a program of Cornell Cooperative Extension of Genesee County. For more information about Leadership Genesee, please visit  their website.

November 18, 2019 - 12:07pm
posted by Billie Owens in crime, news, notify, batavia, bergen.

Stephen Anthony Marazita, 37, of North Lake Avenue, Bergen, is charged with criminal tampering in the second degree. Marazita was arrested at 8:49 p.m. on Nov. 14. It is alleged that he tampered with his electric meter to turn power back on at his residence after it was shut off. He was arraigned in Bergen Town Court and released on an appearance ticket. He is due to return to court on Nov. 20. The case was handled by Genesee County Sheriff's Deputy David Moore.

Phillip Sanders Brunson, 32, of an unspecified address in Gowanda, is charged with two counts of second-degree harassment. Brunson was arrested on  Nov. 14 in regard to an incident that occurred on Nov. 24, 2016. He allegedly slapped and spit in a female's face and shoved another female during a domestic incident on Maple Street in the City of Batavia. He was arraigned in Batavia City Court. (His disposition afterward was not provided.) The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

A 17-year-old female who lives in Batavia was arrested on Nov. 7 after an incident that occurred the day before outside a residence on Hutchins Place in Batavia. The girl allegedly threatened to harm people while holding a baseball bat. She was issued an appearance ticket and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Jason Davis.

Kaleb James Bobzien, 21, of Dellinger Avenue, Batavia, is charged with second-degree criminal contempt. Following an investigation of phone calls made from recorded jail phones, Bobzien was arrested on Nov. 18. It is alleged that he violated a stay away order of protection issued by Batavia City Court. He is due back in court on Nov. 26. The case was handled by Batavia Police Officer James Stack, assisted by Officer Dennis Bartholomew.

Jahmaal Lee Barnes, 19, of Batavia Stafford Townline Road, Batavia, is charged with third-degree burglary and fourth-degree grand larceny. Barnes was arrested at about 8 p.m. on Nov. 16 and arraigned in Batavia Town Court. It is alleged that at 11 a.m. on Nov. 14 that Barnes entered an apartment on Batavia Stafford Townline Road and stole the resident's debit card. Barnes was released under supervision of Genesee Justice and is due back in Batavia Town Court on Dec. 16. The case was investigated by Genesee County Sheriff's Deputy Nicholas Chamoun.

November 15, 2019 - 2:45pm

Poster above created by Grand Prize winner Zoey Shepard, a ninth-grader at Byron-Bergen Central School.

The Genesee County STOP-DWI Advisory Board announces the students and law enforcement officers who will be honored Thursday, Nov. 21 at its annual awards luncheon.

In September, the board invited local sixth- through 12th-grade students to submit a poster design that reflects the dangers of drinking and driving. The designs were to focus on the affects drinking and driving have on an individual, their family and the community.

The theme for the 2019 contest was: "Drinking and Driving is a gamble that you just can’t win.”

The sixth- through eighth-grade winners are:

  • First Place -- Ciara Trigilio, seventh grade, Byron-Bergen Central School
  • Second Place -- Jackson Lundfelt, seventh grade, Byron-Bergen Central School
  • Third Place -- Oscar Staba, eighth grade, Alexander Central School

The ninth- through 12th-grade winners are:

  • First Place (tie) -- Brooke Jarkiewicz & Grace Shepard, 10th-graders at Byron-Bergen Central School
  • Second Place -- Taylor Hutton, 10th grade, Le Roy Jr./Sr. High School
  • Third Place -- Shannon Campbell, 10th grade, Pavilion Central School

The computer-generated art winner is Jade Wolff, seventh grade, Byron-Bergen Central School.

The Grand Prize winner is Zoey Shepard, ninth grade, Byron-Bergen Central School.

The Top Cop award will be given to Batavia Police Officer Mitchell Cowen and Genesee County Sheriff's Deputy Mathew Clor.

The luncheon will be held at Terry Hills Restaurant & Banquet Facility in Batavia.

Below is how the billboard incorporating Zoey's poster will appear:

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November 9, 2019 - 8:54am
posted by James Burns in sports, Section V, Le Roy, byron, bergen, Girls volleyball.

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Top seed Byron–Bergen Bees faced the number two Le Roy Knights in Section V Class C Girls Volleyball Championship in Avon Friday night.

In the first match, Le Roy seemed to dominate and was threatening to upset the perennial favorite Bees. As the match ended, with the teams swapping the lead with every position, the Bees came out on top.  

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In the second match, the Bees controlled the Knights and led the entire match for a Bees' win.

In the third march, the Knights rallied back and won. 

The fourth Match was all Bees. They went to work and easily finished off the Knights to win the series. 

Byron–Bergen won 3 to1 for the sectional championship.  

Congratulations to both teams for terrific winning seasons. 

The Batavian's coverage of sectional play is authorized by Section V Athletics. 

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November 5, 2019 - 7:15pm
posted by Howard B. Owens in accident, news, bergen.

A car vs. deer accident with injuries is reported at Lyman Road and Clinton Street Road, Bergen.

Bergen fire and Mercy EMS dispatched.

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