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August 16, 2019 - 3:32pm
posted by Billie Owens in batavia, bergen, crime, news, notify, corfu.

Robert James Barnes, 29, of West Main Street, Corfu, is due in Corfu Village Court at 1 p.m. on Sept. 10 on charges of: falsifying business records in the first degree, a Class E felony; and attempted criminal contempt in the second degree, a Class B misdemeanor. On Aug. 6, the Genesee County Sheriff's Office was notified by the FBI that the defendant allegedly tried to purchase a firearm on West Main Street in the Village of Corfu at 4:47 p.m. on Aug. 2 while there was an active order of protection against him. Further investigation revealed that the defendant allegedly put false information on the background form that was submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives. He was issued an appearance ticket.

Alan R. Price, 24, of Chili Avenue, Chili, is charged with: second-degree strangulation; first-degree criminal contempt; and endangering the welfare of a child. Price was arrested on the felony and misdemeanor charges and arraigned in Bergen Town Court on Aug. 14. The charges stem from a domestic dispute that occurred at 8 a.m. on April 11 on the eastbound Route 490 at mile marker 3.3 in Bergen. Price is accused of strangling the driver of the vehicle while it was being driven on Route 490. There was a 1-year-old in the back seat and the time and an active order of protection in place. Following arraignment, he was released under supervision of Genesee Justice. The case was investigated by Genesee County Sheriff's Office Investigator Howard Carlson, assisted by Batavia Police Detective Matthew Wojtaszczyk.

Wesley Thigpen, 38, of Ellicott Street, Batavia, is charged with second-degree criminal contempt. He was arrested after a domestic incident at 7:18 p.m. Aug. 13 on Hall Street in Batavia when there was an order of protection against him. He was arraigned in Batavia City Court and put in Genesee County Jail; bail status not provided. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Felicia DeGroot.

August 16, 2019 - 1:25pm
posted by Howard B. Owens in Rob Ortt, NY-27, news, notify.

Sen. Rob Ortt, who represents Tonawanda and surrounding areas in Albany, has scheduled a press conference tomorrow to discuss the NY-27 congressional race.

The media advisory does not explicitly say he is planning to announce a primary challenge to Rep. Chris Collins.

Collins, facing a federal indictment on insider trading charges and a House ethics investigation, while maintaining his innocence, has been noncommittal about whether he will seek reelection.

That has kept many potential challenges, including Assemblyman Steve Hawley, on the sidelines.

Hawley reiterated today, "As I have always maintained, we have an incumbent congressman. I will make a decision once his status is known."

Assuming Ortt, a NY Army National Guard veteran who served in Afghanistan and earned a bronze star in combat, enters the race, he will join two other candidates in the primary field against Collins. The other candidates, who have yet to make a publicly announced visit to Batavia, are Chris Jacobs and Beth Parlato.

In the past few months, Ortt has paid a bit of attention to Genesee County, hosting a public forum in Batavia on the farm labor bill and visiting a farm in Corfu, where he first shared a possible interest in running for this congressional seat.

While there is an effort to convince Medal of Honor recipient and Batavia resident David Bellavia to enter the race, Bellavia has taken no public position on the race and is maintaining a busy schedule with the Army to promote service to community and country.

August 15, 2019 - 10:41pm
posted by Howard B. Owens in accident, news, Stafford, notify.

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A driver told investigators that he was singing to his 18-month-old daughter, and briefly looked at her at the back seat before his 2002 Acura sedan crossed the center line on Route 33 in Stafford at 9:23 a.m., last Friday, and struck an oncoming truck that was hauling garbage.

Alexander P. Ortiz, 22, of Canary Street, Rochester, was cited for driving without insurance, driving with an expired inspection, driving left of pavement markers, unlicensed operation, and driving on a suspended registration.

His baby daughter, Elle A. Ortiz, who was placed properly in a child safety seat in the backseat of the car, was uninjured but was transported to UMMC for evaluation.

The Acura clipped at 2019 Mack truck driving by R.W. Kellen II, 40, of North Road, Scottsville. The impact caused the driver-side front tire to be torn from the vehicle and Kellen lost control of the truck. It crossed the oncoming lane of traffic, the westbound lane, and left the roadway, flipping onto its side and dumping its load of garbage on the roadway and onto the field as it slid out of control.

A third vehicle, a 2010 Nissan sedan, driven by Alexander Boehlig, 17, struck some of the debris, causing damage to the front bumper and windshield.

Boehlig, from Bergen, was uninjured.

The accident was investigated by Deputy Kenneth Quackenbush.

Previously: No serious injuries reported, including to 18-month-old, in trash-truck vs. car accident in Stafford

Photos: Previously published photos.

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August 15, 2019 - 1:44pm
posted by Howard B. Owens in accident, Dan's tire, dickinson's auto service, batavia, news, notify.

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You might say it takes a community to pull 80,000 pounds of cement truck and cement out of a ditch after it overturns.

That's what happened Wednesday when crews from Dan's Tire, Dickinson's Auto Service, and L&L Transmission, came together to figure out a way to recover a cement truck that had crashed on Route 98 in Batavia after blowing out a tire.

"They (the truck owner) requested that we go out there and remove their truck with the least damage possible without cutting up their truck because they want to keep the loss on it as minimal as possible," said Steve Grice, towing operations manager for Dan's Tire. "They were also concerned about the property owner and not any further damage to their property, which Tony Scalia is taking care of tomorrow, restoring their property."

The crew was Grice, T.J. DiLaura, Jesse Repass, and Matt Scott, from Dan's Tire, and Chad Dickinson, Bob Dickinson, Bobbie Dickinson, and Steve Dorf from Dickinson's Auto Service, Cameron Selapack from L&L Transmission.

Grice said between Dan's and Dickinson, he thinks they had the two largest wreckers in the county on the scene to deal with a truck and a full mix barrel weighing an estimated 80,000 pounds.

"I know it was a huge safety concern of the fire department and everybody," Grice said. "To our knowledge, everyone was happy that everything was done safely. The road was closed down for a short period of time. Once the truck was upright on the roadside, we had one lane opened up and within an hour that the road was open and clear for public traffic."

Dickinson's used their 45-ton "King Kong," with its 90,000-pound capacity, and Dan's it's "Big Black" with 50- to 100,000-pound capacity. King Kong took control of the mix barrel and crews were able to lift it back onto the frame of the truck and safely chain it to the truck. Big Black was able to hook onto the front of the truck and then the two trucks "walked" it back and forth onto the shoulder of the roadway.

After repairing airlines and refilling the truck's suspension to be able to handle the load, Big Black held the truck stable while King Kong moved to the front end and lifted it so the broken axle could be removed. After repositioning the truck, Dickinson's was able to safely tow it to the owner's property on East Main Street.

Grice said Wreck Master's was on speed dial to help with any weight calculations during the operation.

"It was a combined effort and combined brains came up with the proper way to safely remove it without causing further damage," Grice said. "I know someone brought up one point they were concerned for safety because of the weight we were dealing with.

"At no point at any time was anybody's safety in jeopardy. Everyone knew the weight they were dealing with; what had to be done; and the safest way to do it."

Photo: Steve Grice, Chad Dickinson, and Bob Dickinson.

Below, video provided by Steve Grice showing a little of the operation to get the truck out of the ditch. Photos below courtesy Steve Grice.

Previously: Concrete truck rollover reported on Alexander Road, Batavia

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August 14, 2019 - 5:14pm
posted by Billie Owens in Le Roy, Stafford, batavia, news, crime, notify.

Michael J. VanBuskirk Jr., 45, of Lake Street, Le Roy was arrested by Le Roy Police Department on Tuesday afternoon after a short standoff at a residence on Church Street in the Village. The parolee was allegedly wanted by New York State Parole as an Absconder and a Parole Warrant was issued for his arrest. At about 12:16 p.m. Aug. 13, VanBuskirk was seen entering a relative's house on Church Street in the Village. When officers attempted to take VanBuskirk into custody, he would not answer the door or come outside. The residence was surrounded and the roadway was briefly closed. During the standoff, the homeowner came home and allowed the officers inside where VanBuskirk was located and taken into custody without further incident. VanBuskirk was then jailed on the Parole Warrant. The Le Roy Police Department was assisted by members of the Genesee County Sheriff's Office, the NYS Police, NYS Environmental Conservation K-9 and NYS Parole.

Tyson James Carpenter, 35, of Empire Boulevard, Irondequiot, is charged with: criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; aggravated unlicensed operation in the third degree; unlawful possession of marijuana; and having an obstructed driver's view. At 2:15 p.m. on Aug. 9, Carpenter was stopped on Route 33 in the Town of Stafford following the alleged observation of a vehicle and traffic violation. Upon checking his driving status, it was allegedly found that the defendant was driving with a non-driver identification card and that he had a suspended driver's license. He was released on an appearance ticket and is due in Town of Stafford Court on Aug. 23. The casse was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Ryan DeLong.

Henry Kevin Michael, 41, of Granada Circle, Rochester, is charged with: driving while intoxicated; operating a motor vehicle with a BAC of .08 percent or more; and speeding. At 12:02 a.m. on Aug. 11 on Pearl Street Road in Batavia, Henry was stopped on Route 33 in the Town of Batavia for allegedly driving 70 mph in a 55-mph zone. He was arrested in the charges and issued appearance tickets for Aug. 29 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Sgt. Jason Saile.

August 14, 2019 - 4:41pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, Le Roy, Alabama, pembroke.

Benjamin Santiago Jr. is indicted for the crime of first-degree robbery, a Class B violent felony. It is alleged that on June 2 at an upper apartment on Ellicott Street in Batavia that Santiago forcibly stole property from another person, and in the course of the commission of the crime used or threatened the immediate use of a dangerous instrument -- a hammer. In count two, Santiago is accused of forcibly stealing property and in the commission of the crime, causing serious physical injury to a person. It is also a Class B violent felony. In count three the defendant is accused of first-degree assault, another Class B violent felony, for intentionally causing serious physical injury to another person by means of a dangerous instrument -- a hammer. In count four, Santiago is accused of grand larceny in the fourth degree, a Class E felony, for stealing a credit or debit card belonging to another person. In count five, he is accused of petit larceny, a Class A misdemeanor, for stealing U.S. currency from the same victim. In count six, he is accused of petit larceny for stealing a Fuji bicycle from a different victim that day on Bank Street in the city, which is a misdemeanor. In count seven, Santiago is accused of second-degree burglary, a Class C violent felony, for entering a dwelling on Bank Street Road in the Town of Batavia with the intent to commit a crime. In count eight, the defendant is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property with a value of more than $3,000 -- a 2010 Ford F150 Lariat super cab truck -- belonging to a third victim.

Juaquin E. Davis is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Jan. 16 in the City of Batavia that he violated an order of protection by being in the presence of the protected party. In count two his is accused of the same crime on March 18. In count three, Davis is accused of the same crime on March 18 for allegedly grabbing the protected party by the hair and pushing her up against a wall, then shoving her against a window. In Special Information filed by the District Attorney, Davis is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 3 in City of Batavia Court. His conviction stems from violating an order of protection and that conviction was within five years of the crimes alleged in the current indictment.

Cody M. Landin is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on March 20 in the Town of Stafford that Landin drove a 2008 Mazda on Route 237 while intoxicated and while a passenger age 15 or under was a passenger. In count two, he is accused DWI, also as a Class E felony, for driving that day while allegedly intoxicated. In count three, Landin is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly driving while intoxicated, knowing that his NYS driver's license was suspended or revoked by authorities. In count four, he is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for driving when his license was suspended by authorities on Nov. 14. In count five, the defendant is accused of refusing to submit to a breath test, a violation of vehicle and traffic law. In Special Information filed by the District Attorney's Office, Landin is accused of having been convicted of driving while ability impaired by alcohol and drugs, as a misdemeanor, on Jan. 14 in Town of Covington Court and that conviction was within 10 years of the crimes alleged in the current indictment. The conviction forms the basis of the driver's license revocation referred to in count three of the current indictment. The DA also accused Landin of failing to pay a fine imposed for a conviction in Town of Le Roy court for an offense committed on May 15, 2018; failure to pay that fine forms the basis for the driver's license suspension on Nov. 14.

Eric C. Cleary is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 31 in the Town of Alabama that Cleary drove a 2016 Ford van on Lewiston Road while intoxicated. In count two, he is accused of first-degree aggravated unlicensed operation of a motor vehicle, a Class E felony, for driving that day while intoxicated and while his driver's license was suspended or revoked by authorities. In Special Information filed by the District Attorney, Cleary is accused of having been convicted for DWI, as a felony, on Nov. 23, 2010 in County of Monroe Court and that conviction is within 10 years of the crimes alleged in the current indictment. He is also accused by the DA of having been charged in Brighton Town Court of DWI, per se, on Nov. 18 of last year, and prosecution of that crime forms the suspension referred to in count two of the current indictment. Furthermore, as a result of the Nov. 18 crime, his driver's license was suspended or revoked on Dec. 19 pending the prosecution of it.

Eduardo Santiago is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on May 19 in the Town of Pembroke that Santiago drove a 2002 Fore Ranger westward on I-90 while having a BAC of .08 percent or more and while a child age 15 or less was a passenger. In count two, he is accused of aggravated DWI, also as a Class E felony, for driving while intoxicated with a passenger age 15 or less. In count three, he is accused of speeding for driving over the maximum speed limit. In count four, he is accused of unlicensed operation of a motor vehicle for driving the Ford Ranger without a driver's license.

Paula A. Cipro is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on March 21 that Cipro knowingly possessed stolen property while on Bank Street in the City of Batavia -- a debit card belonging to another person. In count two, she is accused of petit larceny, a Class A misdemeanor, for using the victim's debit card to make purchases at a local deli.

August 12, 2019 - 12:49pm
posted by Billie Owens in news, crime, notify, batavia, Le Roy, Darien.

Donald Frisby (inset photo left), 64, was arrested by the Le Roy Police Department on July 16 and charged with one count of first-degree sexual abuse, a Class D felony.

It is alleged that in the month of July, while in the Village of Le Roy, that Frisby subjected a female to sexual contact by forcible compulsion. Frisby was arraigned before the court and released under supervision of Genesee Justice.

Jeremy D. Lyons (inset photo, below right), 34of Perry Road, Le Roy, is charged with one count each of the misdemeanors of third-degree assault and criminal obstruction of breathing or blood circulation. A violent domestic/assault led to the arrest of Lyons, a parolee, in the Village of Le Roy on Aug. 6.

The domestic incident was reported in the early morning hours on Church Street in which the victim reported that Lyons was staying with the female on Church Street, allegedly in violation of his parole conditions. It is alleged that Lyons tackled the female to the ground then punched her multiple times in the face and choked her.

Afterward, Lyons ran off. Lyons was located later that day by police after a small search, in which Lyons was discovered hiding in the weeds in the area of the Little League Field between East Main Street and St. Marks Street. Following his arrest, Lyons was arraigned and put in Genesee County Jail in lieu of $750 bail. A parole violation warrant was also issued due to this incident.

Darrell D. Smith, 52, of Highland Parkway, Batavia, is charged with criminal mischief. He was arrested after a domestic incident at midnight on Aug. 8 on Prune Street, Batavia. He was arraigned in Batavia City Court and released on his own recognizance. He is due in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Carlos E. Flores, 27, of Rand Street, Rochester, is charged with second-degree harassment. Flores was arrested after an incident at 8:35 p.m. Aug. 11 on Bank Street in Batavia. He allegedly threatened a person using gestures with his hands during a verbal dispute that caused the victim to be in fear. He was issued an appearance ticket and released and is due in Batavia City Court on Aug. 20. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Dan Coffey.

Darius Lamar Jones, 27, of Exchange Street, Attica, is charged with: criminal possession of a controlled substance; unlawful possession of marijuana; speed violation -- exceeding 55 mph; and unlicensed operation of a motor vehicle. At 9:02 p.m. on Aug. 7 on Route 33 in Byron, Jones was arrested after a traffic stop. It is alleged that "criminal indicators were observed," leading to a search of Jones and his vehicle. The search allegedly yielded marijuana, controlled substances and drug paraphernalia. He was issued appearance tickets for Sept. 9 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy James Stack.

Linda Marie Clemens, 58, of South Main Street, Batavia, is charged with aggravated driving while intoxicated and DWI. At 11:23 p.m. on Aug. 7, deputies responded to the parking lot of Batavia Downs on Park Road for a reported motor-vehicle accident. When they arrived they located Clemens in her vehicle. It is alleged that Clemens struck a parked vehicle in the parking lot. She was released on appearance tickets for Aug. 26 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Ryan Young.

(name redacted upon request), of Farwell Drive, Batavia, is charged with unreasonable noise. He was arrested following a loud music complaint at 11 a.m. on Aug. 9 on Farwell Drive. He was released on an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Ivison.

Carrie A. Stewart, 39, of Church Road, Darien, is charged with petit larceny. She was arrested after an investigation of a larceny that occurred at 11:47 a.m. on Aug. 10 on East Main Street in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Aug. 20.

Christine Wark, 34, of School Street, Le Roy was arrested by the Le Roy Police Department on July 22 and charged with one count of petit larceny after a complaint from a local business that Wark was allegedly seen shoplifting inside the store. Upon arrival of the Le Roy Police, Wark was arrested and released on an appearance ticket to appear in the Le Roy Court at a later date.

Cody N. Proefrock, 26, of Liberty Street, Batavia, is charged with petit larceny. He was arrested after allegedly shoplifting from a local store at 5:20 p.m. on Aug. 6. He turned himself in. He was issued appearance tickets and released and is due in Batavia City Court on Aug. 20. The case handled by Batavia Police Officer Marc Lawrence.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with failure to appear. He responded to Batavia Police station at 1 p.m. on Aug. 6 and turned himself in on an arrest warrant. He is due in Batavia City Court on Aug. 13. The case was handled by Batavia Police Officer Felicia DeGroot.

August 9, 2019 - 12:54pm
posted by Billie Owens in dog bite, batavia, news, notify, GC health department.

Press release:

On Saturday, Aug. 3, at approximately 7 a.m. a man was bitten by an unfamiliar dog that was with its assumed owner but not on a leash. The incident occurred at the corner of Brooklyn Avenue on Pearl Street in the City of Batavia.

The assumed owner of the dog is described as a slender white male in his late 20s; he also had a second dog with him on a leash.

The dog that bit the man is described as being white in color and possibly a pit bull or a similar, resembling breed or mix. It was reported that the white dog was a female and appeared to have recently given birth to puppies.

The man who was bitten did not obtain any information from the man with the dogs and has not seen him since the incident.

“The purpose in locating the owner of the dog is to make sure the dog is up-to-date on its anti-rabies vaccine,” said Sarah Balduf, Environmental Health director of Genesee and Orleans counties. “If the owner cannot be located, the individual will have to go through unnecessary treatment.”

Anyone with information on the dog and/or dog owner is asked to contact the Genesee County Health Department at 585-344-2580, ext. 5555.

August 9, 2019 - 12:01pm
posted by Howard B. Owens in accident, news, notify, Stafford.

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A semi-truck hauling garbage and a passenger vehicle with a driver and 18-month-old child were involved in an accident on Route 33 near Ivison Road in Stafford at about 9:30 a.m.

The driver of the passenger vehicle was taken into custody on a warrant.

The 18-month-old was reportedly uninjured and transported to UMMC for evaluation. The child was reportedly properly strapped into a child safety seat.

We've been unable to obtain information about the accident from the Sheriff's Office.

(Initial report)

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August 8, 2019 - 1:30pm
posted by Billie Owens in Pavilion, pembroke, bergen, crime, news, notify.

Ajie Jqunn Javontez Smith-Ezell, 24, of Cummings Street, Rochester, is charged with: criminal possession of a narcotic drug with intent to sell; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; escape in the third degree; driving while ability impaired by drugs; unlawful possession of marijuana; and failure to keep right. Additional charges are pending. The county DA's Office was contacted due to felony-level charges. At 9:17 a.m. on Aug. 1, a traffic stop was conducted on Route 33 in the Town of Bergen. While conducting a roadside interview with operator/owner Smith-Ezell, the odor of burnt marijuana was allegedly detected. He was escorted to the rear of a marked Sheriff's patrol car, where he was interviewed by Investigator Christopher Parker. A vehicle search allegedly yielded packaging indicative of narcotics distribution as well as about an ounce of marijuana. Smith-Ezell was interviewed some more and while attempting to remove "an anomaly" from the driver's pant leg, he is accused of resisting arrest and obstructing deputies from accessing and taking possession of the item. A brief foot chase ensued and Smith-Ezell was taken into custody after allegedly physically resisting arrest. He was arraigned in Bergen Town Court and jailed in lieu of $5,000 cash or $10,000 bond. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Investigator Parker and several others, including Deputy Richard Schildwaster, Sgt. James Diehl, Deputy Rachel Diehl, Deputy Kevin McCarthy, Investigator Ronald Welker, Trooper Valetta, Trooper M. Schmidt and his K9 partner.

Brandon Eugene Matteson, 25, of Ellicott Street Road, Pavilion, is charged with disobeying a mandate of the court and second-degree harassment. He was arrested after the investigation of a domestic incident that occurred 9:39 p.m. on July 25 in Pavilion. He was issued appearance tickets and is due in Town of Pavilion Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Sarah Ann Fiegl, 26, of Moore Road, Ransomville, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; having a front headlight out; and driving left of pavement markings. At 11:24 p.m. on Aug. 4 on Main Road in Pembroke, Fiegl was arrested following a traffic stop. She was issued an appearance ticket for Aug. 22 in Pembroke Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy David Moore.

August 7, 2019 - 6:18pm
posted by Howard B. Owens in GCASA, Bohn's, batavia, news, notify.

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John Bennett, executive director of GCASA, has gone in a short time from the shock and disappointment he felt when people in the City of Batavia reacted with anger to a proposed social center at the former St. Nick's on Swan Street, to gratitude for the acceptance the same proposal for another property in the Town of Batavia.

Tuesday night there was a public hearing on a request for a special use permit to convert the former Bohn's Restaurant location on Clinton Street Road into a recreation center for people in recovery. There was no opposition and several people spoke in support of it. The Town of Batavia Planning Board subsequently passed all the necessary resolutions unanimously to give the project a green light.

"I'll say when I came to the town to meet with the town board originally, that I got a little choked up," Bennett said. "I got a little emotional because my reception was so different than what happened on the Southside in the city.

"(Town officials) were welcoming and they really had seemed to have an understanding of addiction and they said that this is needed in the community. I just feel blessed, actually, to be connected with this project and the town and they've welcomed us with open arms and they see the benefit of it."

The center will be the first of its kind in Batavia, a place where people who don't want to be an environment where beer, wine and liquor are part of the fabric of the party, and some people might show up with drugs. That's because the context of such an atmosphere makes it harder to resist the temptation to partake. Instead, they'll have a place to go to relax, socialize, make friends, and have a good time.

Several speakers at the public said the new center will make it easier for people in recovery to stay in recovery.

"The recovery center itself is it really a meet and greet," said Kathy Miller. "After you go in and you get treatment, you start living your life and you start getting normal, doing normal everyday things like get a job, buy a house, buy a car, have a baby -- living your life.

"You're not meeting anyone in recovery because now you're doing things and there's no place to go unless you can go into a recovery center. Then, when you're meeting other people, you don't have to say, 'hey, I'm in recovery,' because you already are there meeting people in recovery."

If you don't change the people you hang out with, Miller said, it's harder to stay in recovery.

"You need to change the people, places, and things around you," Miller said. "And sometimes that means your old friends, sometimes that's the people that are still doing the same old things they used to do. You have to find a new place. You have to find a way to live in it."

Jason Adams said a social and recreation center for people in recovery will be a game-changer for people locally. It will give them a place to engage in a variety of activities, watch sports on TV, or just hang out and talk, all without thinking about easy access to booze.

"The sky's the limit of what the program is available to do," Adams said.

The closest thing to an objection to the proposed recreation center on Clinton Street Road came from a nearby neighbor who said she supports the concept -- she understands the struggle of people in recovery because she's a cigarette smoker herself -- but was concerned that people using the center might loiter in the area or along the street, which could diminish her privacy.

A board member asked if a privacy fence would help. She said it would.

As soon as the public hearing was completed, the woman left.

During the board discussion of the project, Code Enforcement Officer Dan Lang looked up her property on a parcel map and said it was really too far from the actual Bohn's property to warrant a privacy fence.  

There is a parcel in between the Bohn's Restaurant property and the woman's property, and that property, Bennett revealed is subject of a negotiation with the town -- GCASA may swap that property with the town to settle some tax issues.

The board agreed to approve the project without the privacy fence, but left the door open to revisit the issue should circumstances make it more apparent a fence is needed.

Bennett said he totally understands the concern about people loitering and smoking cigarettes outside. He's aware of complaints about similar activity outside the GCASA property along East Main Street.

The state agency that oversees drug rehabilitation facilities has always frowned on designated smoking areas on the property of such programs or facilities but that policy is changing. GCASA has been given the approval to have a designated smoking area on the Bohn's property. He said he's working on getting approval for smoking areas on all of GCASA's properties.

"I think smoking in general in front of restaurants and other buildings the community is an eyesore and we working to remedy that," Bennett said.

Bennett said the community opposition to GCASA opening a recovery center on Swan Street caught him by surprise but admitted it may have been his own fault. He wasn't prepared for the opposition and therefore did a poor job of setting the stage and explaining the project.

At a 400 Towers community meeting where residents expressed a great deal of anger about the proposal, he could barely say anything to try and explain the project, there were so many other voices dominating the conversation.

"I guess I didn't get out ahead of this in terms of really getting out and educating people because it was such a quick grant that we got," Bennett said. "And I really guess I didn't think people would have an issue with a recovery center because people in recovery really are just like you and I.

"If you stood in a room full of  -- I bet you couldn't tell tonight who was in recovery and who wasn't, right? And the methadone clinic kind of went off without a hitch, so I just kind of thought the recovery center would, too.

"I didn't really see people being upset and angry about this. I missed that and then I should have done a couple more things to educate the public, especially down on the Southside."

Photo: Sue Gagne and John Bennett.

August 5, 2019 - 5:48pm
posted by Howard B. Owens in crime, batavia, antwan odom, ray leach, news, notify.

The stenographer whose Grand Jury work has been called into question in a few criminal cases in Genesee County testified in open court today in a hearing on motions brought by the attorney for Antwan Odom.

Odom is charged with attempted assault, 1st, and criminal possession of a weapon in a case stemming from an altercation with a high school teammate a year ago yesterday.

Susan Ryckman, who is contracted with the county for Grand Jury transcription through Forbes Court Reporting Service, testified today about the equipment used to make transcriptions of proceedings and how that was tied into an automatic audio recording feature on her transcription device.

In 22 years of transcribing grand jury proceedings neither her employer nor any staff member with the District Attorney's Office ever informed her it was against state law to make an audio recording of a grand jury proceeding, Ryckman testified.

While Ryckman said she started handling grand jury work for the county in 1997, she wasn't asked nor did she say in what year she started using a transcription machine that enabled audio recordings of proceedings.

While motions have been made in other criminal cases, and there has been at least one prior hearing on the topic, and in each case, Judge Charles Zambito denied defense motions related to the audio recordings. Odom's attorney, Frank Housh of Buffalo, elected to require another hearing on the issue.

Housh is seeking disclosure of the grand jury minutes -- typically kept confidential and not disclosed to the defense attorney until the start of a trial -- to see if the audio recording resulted in anything prejudicial against his client. An example might be the stenographer asking somebody to speak up so the audio recorder would pick up the sound of the reporter not asking an inaudible word to be repeated.

If Housh could prove to Zambito that the grand jury proceedings were improperly influenced by the audio recording, then Housh would have a basis for dismissal of the charges against his client.

Zambito indicated he is skeptical that the actual substance of the grand jury testimony was changed because of the audio recording.

On another front, Housh is asking the case against Odom be dismissed because of "prosecutorial misconduct," which he said stemmed from the failure of the DA's office to ensure Ryckman knew she couldn't audio record grand jury proceedings.

District Attorney Lawrence Friedman called the accusation "ridiculous."

As for the audio recording material affecting the case, Housh noted that based on Zambito's prior ruling, the burden of proof falls on the defense, which he said he found unusual but that he was in a no-win situation if he couldn't review the transcript to prove there was an issue material to the case.

Zambito said he first had to be convinced that it would be possible there would be something in the transcript revealing the audio recording impacted the integrity of the grand jury proceeding.

Ryckman testified that with her present transcription setup she can record audio in one of two ways -- directly into her transcription machine or onto her laptop computer when it is connected to the machine. She said she doesn't always use her laptop during grand jury proceedings.

The recording is only activated when she touches a key on her transcription machine keypad. When she's not typing, if she pauses for any reason, there is no recording.

The quality of the audio is not good, she said, and doesn't necessarily pick up everything that is said. It can be affected by the position of the speaker, other room noise, or even a piece of paper left sitting on the internal mic of the laptop.

She said she doesn't rely on the audio recording for making the official transcript. She has used it to spot check her notes if she thinks something is unclear but she never listens to the audio recording from beginning to end. Her software allows her to highlight a questionable word or phrase and it will open that section of audio recording for her to check if the recording can help her clarify what was said.

The audio recordings only came up as an issue because Assistant District Attorney Shirley Gorman called Ryckman about a case citation contained in a completed transcript. Ryckman said she checked her notes and her transcript and then mentioned to Gorman that she also checked her audio recording. That was a red flag for Gorman.

And that was the first time Ryckman -- who is also a court reporter in a variety of other kinds of court cases, not just grand juries, throughout Western New York -- learned that she couldn't audio record grand jury proceedings.

Ryckman said she did not retain the recording from the Odom proceeding. She had deleted the recording by the time of Gorman's call per her standard procedure. She said once a transcript is done, she backs up the transcript and her notes to an external hard drive. The software she uses asks her if she would like to save the audio recording as well and she always checks "no" in the box. She then deletes the original files from her laptop.

She said she doesn't save the audio recordings because they are no longer needed once the official transcript is done and they take up too much storage space.

She did have audio recordings for Nov. 7 and Jan. 15 (Odom's hearing was in early December) when Gorman called. She had the Jan. 15 recordings because she hadn't finished the official transcript yet for that proceeding. She had no explanation for why she still had Nov. 7 recordings on her computer at the time of Gorman's call.

"I don't know how I missed the backup for Nov. 7," Ryckman told Housh during cross-examination. "I don't know why for some reason it was still on my computer."

Under questioning from Zambito, Ryckman said there is nothing in the final transcript that would indicate an audio recording had been made during the proceedings.

Earlier she testified that she didn't always use the audio recording feature and that she couldn't remember if she used it specifically during the Odom proceeding, and if she did, if she referred to it at all while preparing the final transcript. And if she did make a recording, she couldn't recall specifically deleting it, but if she did make it she deleted it according to standard procedure.

Zambito said he will make a decision on Housh's motions within a couple of weeks.

Friedman noted that Housh has said he is going to file a motion to make raise the character and background of Ray Leach at trial and that no such motion has been filed. In the interest of judicial expediency, Friedman asked that a deadline be set for the motion.

Housh countered that if judicial expediency was at issue, he should be given access to the grand jury transcript prior to the trial. He argued that if standard procedure is followed and he doesn't receive a copy until the first witness takes the stand, then the trial will need to take a recess while he reads the transcript and reviews it with his client.

Zambito ordered Friedman to turn the transcript over to Housh 30 days before the Sept. 30 trial date.

So, one way or another, Housh will soon get the transcript -- either 30 days before the trial, or sooner, if Zambito rules to his favor on his motion regarding the stenographer issue.

August 5, 2019 - 2:39pm
posted by Billie Owens in crime, news, notify, batavia, Stafford, Oakfield, Darien, darien center.

Nathan Lyle Rogers, 35, (inset photo, right) of Sky Hi Drive, West Seneca, is charged with second-degree unlawful surveillance and endangering the welfare of a child. At 5:15 p.m. on July 31, Rogers was arrested after he allegedly used two of his cell phones to record a juvenile female changing clothes in his camper while attending the Kingdom Bound Festival at Six Flags Darien Lake, Darien Center. He was issued an appearance ticket and is due in Darien Town Court at 4 p.m. on Aug. 13. The case was investigated by Genesee County Sheriff's Deputy Mathew Clor, assisted by Investigator Christopher Parker.

Jason H. Freeman, 37, of Hutchins Street, Batavia, is charged with second-degree harassment -- physical contact, and criminal obstruction of breathing -- application of pressure. Freeman was arrested on Hutchins Street at 9 a.m. on July 31 following a complaint that he choked, then threw a bicycle at one of his tenants. He was issued an appearance ticket for Aug. 6 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Stephen Quider.

Candice Sue Tortorice, 35, of Route 20, Darien, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or higher; DWI; reckless driving; failure to use designated lane; and driving with an obstructed view. On Aug. 3 at 4:25 p.m., following a traffic complaint on Route 20 in Pavilion, Torortice was arrested. She was issued appearance tickets and is due in Pavilion Town Court on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Emily D. Schramm, 33, of Main Road, Stafford, is charged with aggravated family offense -- more than one offense within five years (five counts). On July 17, the GC Emergency Dispatch Center received a report at 10:29 p.m. from a third party of a possible violation of an order of protection. Following an investigation, Schramm was identified and is alleged to have committed second-degree criminal contempt by knowingly violating an order of protection by accepting phone calls from a protected party. Due to her previous conviction for second-degree criminal contempt, the charge was elevated to a Class E felony. She was issued an appearance ticket for Town of Stafford Court and is due there Aug. 6. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by correctional officers at the GC Jail, including Senior Correctional Officer J.A. Smart.

Tonya M. Weber-Jackson, 35, of Highland Park, Batavia, is charged with second-degree obstruction of governmental administration. She was arrested at 1:54 Aug. 4 following an investigation into an unrelated matter outside a Batavia dance studio. She was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Tonya M. Weber-Jackson, 35, of Highland Park, Batavia, is charged with criminal possession of a controlled substance in the seventh degree and criminal use of drug paraphernalia in the second degree. She was arrested at 1:54 a.m. on Aug. 4 following an investigation into an unrelated matter. She was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Robert Lewis Villano, 37, of Oak Street, Oakfield, is charged with endangering the welfare of a child. At 9:17 a.m. on June 17, the GC Emergency Dispatch Center received a report of a suspected overose on Oak Street. Medics on scene requested law enforcement to the scene following their arrival. It is alleged that Villano endangered the welfare of a child due to narcotics in plain view, which was likely to be injurious to the mental, moral and physical welfare of a child in the residence. He was issued an appearance ticket for Oakfield Town Court and is due there Sept. 2. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Kevin J. Weber, 48, of Columbia Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 6:48 p.m. on July 28 on Columbia Avenue after allegedly violating a stay away order of protection by contacting the protected party. He was issued an appearance ticket and is due in Batavia City Court on Aug. 6. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Post.

Jesse D. Bowman, 26, of Vine Street, Batavia, is charged with criminal use of drug paraphernalia. Following a traffic stop on Ellicott Street at 5:05 p.m. on Aug. 3, Bowman was allegedly found to possess a crack pipe. He was issued an appearance ticket for Aug. 6 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Christopher Lindsay.

Tony M. Peebles, 52, of Riley Street, Buffalo, is charged with driving while intoxicated -- common law, and aggravated DWI -- a BAC of .18 percent or higher. Peebles was arrested on School Street in Batavia at 12:30 a.m. on July 26. Batavia police were investigating a 9-1-1 hang-up call in the area when Peebles was located and allegedly found to be operating his vehicle while intoxicated. He was processed at the jail and is due in Batavia City Court on Aug. 7. The case was handled by Batavia Police Officer Cowen Mitchell.

Jonathan Patrick Little, 29, of Drake Street, Oakfield, is charged with second-degree forgery and second-degree criminal impersonation. He was arrested on Aug. 3 for allegedly impersonating another person and completing a written instrument by forging another person's name while being processed at the Genesee County Jail at 4:20 p.m. on July 10. He is due in Batavia City Court on Aug. 20. The case was handled by Genesee County Sheriff's Deputy James Stack.

Patricia A. Herzog, 52, of East Main Street, Batavia, is charged with petit larceny. She was arrested at 1 p.m. on Aug. 1 after allegedly stealing property from a grocery store in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Aug. 6. The case was handled by Batavia Police Officer Christopher Lindsay.

August 2, 2019 - 3:27pm

(File photo.)

Led by the Joint Veterans Council of Genesee County, local veterans will host a rededication ceremony Saturday morning marking the centennial of the city's gateway monument at the junction of routes 5 and 63 that pays tribute to the Union Army's Emory Upton, the military service of men and women of Genesee County, and its war dead.

It starts at 10:30 a.m. and everyone is welcome.

Commonly referred to as the Upton Monument, for the statue of the colonel of the Fourth Regiment of Artillery, Army Brevit Major General Upton, it is officially known as The Soldiers and Sailors Monument. The actual marker at the base of the bald-eagle-topped pillar is engraved: In Memory of The Soldiers, Sailors and Marines of Genesee County.

Doug Doktor, chairman of the Joint Veterans Council, said that James Neider, of the Glenn S. Loomis American Legion Post 332 in Batavia, will provide a brief historical overview of Upton, one of the nation's foremost military strategists of the 19th century. Then Elijah Monroe, of the Sons of Union Veterans of the Civil War, Abraham Lincoln Camp 6 in Rochester, will speak on that organization's instrumental role in fundraising and getting the monument constructed.

There will also be a rifle salute.

The dedication held a hundred years ago took place on Wednesday, Aug. 6, 1919.

According to City of Batavia Historian Larry Barnes, there was a morning footrace from Le Roy to Batavia, followed by the dedication ceremony at which a relation of the Upton family, Col. Upton, served as the keynote speaker. The special occasion was capped off by a grand display of fireworks at the old Genesee County Fairgrounds, where Tops Friendly Market is now on West Main Street.

Proposals for the monument were bandied about as early as the 1870s. But getting it funded and built was not a given. Its price tag of about $15,000 was considered steep. Funds were sought from the county, the city and fundraising campaigns were launched by Batavia City School District Superintendent John Kennedy and Sarah Upton Edwards, sister of Emory Upton.

In 1907, city voters nixed spending $5,000 as their share of the monument's cost. It was not until World War I that action was taken that would finally pave the way for the planned monument to become reality.

In 1917, city fathers managed to get the city's funding share approved by a bit of political maneuvering -- slipping language for the monument expense into a sewer and water appropriations bill.

The architect chosen to design the monument was C. A. Worden, a local company responsible for many monuments at Gettysburg.

Once built, there was controversy as to whether the statue of Emory Upton was based on the actual likeness of the man himself. And the question, some local historians say, has never been wholly resolved.

To read more about Emory Upton from an 1885 biography, click here.

Also, previously: 

(Editor's Note: Publisher Howard Owens had planned to complete a video of the history of the monument in time for tomorrow's rededication. That is no longer possible, but he does hope to finish it very soon.)

August 1, 2019 - 11:20pm
posted by Howard B. Owens in crime, batavia, news, notify.
foggmug2019.jpg
       Brandon Fogg

A 32-year-old Batavia man went into County Court today facing a certain prison sentence for menacing a police officer with a BB gun but left with a second chance.

The attorney for Brandon Fogg told Judge Charles Zambito that his client had secured a bed-to-bed substance abuse treatment program and asked that he be allowed to enter the program Friday morning for 21 days of treatment. 

Expressing a bit of reluctance, the judge agreed to let Fogg enter treatment, with his mother providing transportation from the Genesee County Jail to the Bradford Regional Medical Center for treatment.

"I'll give you an opportunity to convince me that I shouldn't send you to prison," Zambito said. "That doesn't mean you won't do further jail time and time on probation."

Absent a chance at treatment, Fogg could have reasonably expected to be sent to prison today for one and a half to four years.

"One of the conditions is that you stay in bed-to-bed treatment and follow any recommendations of the program," Zambito said. "If you violate any of the terms of the program you will be brought back here and sentenced and you will be going to prison."

Batavia police officers encountered Fogg on Cedar Street in early June after he trespassed at a location on Ellicott Street. Due to an illegal tire on Fogg’s vehicle as he drove away from the location, officers initiated a traffic stop.

According to police, Fogg attempted to flee the vehicle, but he was taken to the ground by Officer Darryle Streeter. Fogg then removed from his pocket what appeared to be a handgun during the struggle between himself and Streeter.  

An employee of a nearby business came to the aid of Streeter by stepping on Fogg’s wrist, which caused him to drop the BB gun from his grasp. Streeter took Fogg into custody shortly afterward.

Fogg's next scheduled court appearance is Aug. 26 when Zambito will decide whether a prison term is still appropriate or if he should receive less time in the local jail.

August 1, 2019 - 5:32pm
posted by Howard B. Owens in crime, news, notify, batavia.
teeseanayala2018.jpg
       TeeSean Ayala

A former high school basketball star who got caught with a gun outside the county manager's home on Washington Avenue in November is being released from jail before being sent to prison so he can be at the hospital later this month for the birth of his child.

Judge Charles Zambito granted the unusual request because he promised TeeSean Ayala, 19, the opportunity to be around for the birth of his baby if he cooperated with prosecutors. Today Zambito acknowledge that Ayala kept his promise.

"I'm doing all of this because you did cooperate," Zambito said. "That's part of the bargain."

In May, Ayala entered a guilty plea to a charge of criminal possession 2nd, which carries a mandatory prison sentence with a maximum possible term of 15 years.

The plea also satisfied several charges related to local burglaries.

"If you flee, you will eventually be caught and then you're going to be sentenced to the 15 years," Zambito told Ayala. "If you commit any crimes while you're out, you will be sentenced to 15 years and face enhanced sentencing on those charges."

Ayala said he understood.

When the case was first called a little after 1:30 p.m., there was some discussion between Zambito and the attorneys about whether to adjourn the sentencing of Ayala. Ayala's attorney Richard Shaw started whispering to Ayala and at one point, Ayala became visibly emotional and said loudly, "but it's my first one."  

Shaw continued whispering to Ayala and Zambito asked if he and his client needed to discuss the matter privately. They did so Zambito ordered the case recalled later in the afternoon.

When Ayala came back into court, Zambito said he had been reminded of the promise to allow Ayala to be present for the birth of his child if he kept up his end of the bargain.

Zambito said Ayala isn't to leave his residence for any reason other than going to court or to go to the hospital for the delivery of his child when his fiancée goes into labor.

Ayala is allowed to have visitors but cannot be in contact with Malik Ayala, his brother who is a co-defendant.

Sentencing on the weapon charge is scheduled for 9:30 a.m., Aug. 21.

August 1, 2019 - 3:47pm
posted by Billie Owens in crime, news, notify, batavia, Pavilion, darien center.

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

July 30, 2019 - 9:46pm
posted by Lauren Leone in batavia, crime, news, notify.

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.

The jury found that the defendant murdered Morgan with intent, meaning that Hanes did not need to have a motive or premeditate the murder to be culpable of the crime. The motive to commit the gruesome bludgeoning remained unknown at the conclusion of the trial.

District Attorney Lawrence Friedman and defense attorney Frederick Rarick both said in their summations that the identification of the individual biking in surveillance video footage around the time of the murder was key evidence. Jurors rendered their decision soon after reviewing the footage.

“The biggest element of this case is the identification of Richard Hanes as the person riding that bike,” Rarick said in his closing statement. “You cannot speculate that what you see in the evidence is Mr. Hanes.”

Rarick also argued that Batavia PD conducted an improper, incomplete investigation and focused exclusively on Hanes as the suspect. Rarick said law enforcement “did not take fingerprints or DNA from other individuals because they were just interested in Mr. Hanes.”

“I think justice is served today,” Batavia Police Chief Shawn Heubusch said after the verdict was read. “The jury made the correct decision. All of the facts in this case pointed to a conviction.”

In his closing argument, Friedman relied on Hanes’s locations on the night of the murder to convince jurors that, in his words, “the digitally confirmed timeline is so tight — four minutes — there could not have been another suspect responsible for this crime.”

Friedman later expressed his appreciation to Batavia PD officers and investigators for the work and time they put into their investigations and testimony.

“It’s very reassuring to live in this community to know that that’s what happens when a crime like this is committed,” Friedman said outside the courtroom. “I’m confident that in some larger cities, this case wouldn’t have gotten anywhere near the attention it got here.”

Morgan’s family and friends responded emotionally as the foreperson delivered the guilty verdict today.

“Closure for the justice system, yes,” Peggy Brusie, Morgan’s former partner, said. “Not closure for what he took from us. We can never replace that. We can’t bring Raymond back.”

Judge Charles Zambito adjourned Hanes’s trial for sentencing at 9:30 a.m. Aug. 28 in Genesee County Court. Hanes faces a maximum of 25 years to life in prison for his second-degree murder conviction.

July 30, 2019 - 3:16pm
posted by Billie Owens in news, crime, notify, batavia, Pavilion.

Lindsay A. Clemm, 37, of Batavia, was arrested on July 28 following a traffic stop on Route 19 in the Town of Warsaw. Clemm was stopped for allegedly going 56 mph in a 30-mph zone on South Main Street near Jefferson Street in the Village of Warsaw. Multiple other traffic infractions were allegedly observed in the Town of Warsaw while Wyoming County Sheriff's deputes attempted to get Clemm's vehicle to pull over. Clemm allegedly failed field sobriety tests. Clemm's vehicle was towed from the scene and she was taken to the Sheriff's Office where she was evaluated by a drug recognition expert. She was charged with driving while ability impaired by drugs and was processed and released to a third party. She is due in Town of Warsaw Court Aug. 12. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

James K. Penders, 47, of Pavilion, was arrested July 27 following a traffic stop for a loud muffler on Route 19 in the Town of Covington. He was allegedly found to have a revoked license dated June 22, 1996 and an expired license dated March 16, 1995. He was released with appearance tickets for Covington Town Court on Aug. 12. The case was handled by Wyoming County Sheriff's Deputy Adam Hope.

July 30, 2019 - 2:56pm
posted by Howard B. Owens in crime, news, batavia, notify.

Richard D. Hanes was found guilty by a jury this afternoon of second-degree murder for the killing July 24, 2018, of Ray Morgan at 111 Liberty St., Batavia.

Murder in the second degree is a Class A-1 felony and carries a possible term of life in prison.

Hanes will be sentenced at 9:30 a.m., Aug. 28.

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