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February 5, 2018 - 12:50pm
posted by Howard B. Owens in Eli Fish Brewing Company, freshLAB, batavia, news, notify.

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Eli Fish Brewing Company, in the Newberry's building downtown, might be less than a month away from opening.

Co-owner Matt Gray said construction is done. Now it's just a matter of waiting for the delivery of the rest of the furniture and kitchen wares.

Starting today, four managers are working full-time at the restaurant and brewery. Next week, there will be an open interview period for potential staff members.

Gray said his partner, Jon Mager, should be able to start brewing beer next week, which is one of the big decisions because it will take four weeks for the first batch to be ready to serve.

"Which puts us in a real bind," Gray said. "Do we open on March 1 or do we wait another three weeks so we have our own beer on tap?"

The target date for the FreshLab winners to open their food booths is April 1. The winners have not yet been announced.

There are four apartments on the second floor just about ready for occupants. The rental rates will be from $850 to $950 for the one-bedrooms and $1,250 for the two-bedroom apartment (which features a large living room and dining area and a large master suite with a dual-head shower).

There's space on the third floor for three apartments. One will be either two or three bedrooms and possibly a balcony/deck in the back of the building. The Newberry building is one of the projects under consideration for a Downtown Revitalization Initiative prize and if selected, the money will be used to finish these apartments as well as a patio/seating area at the back of the restaurant in Jackson Square.

"I'm excited," Gray said. "Jon is excited. I've just got to get it open. Not only has it been a long time and a big project, we're pushing it. Our staff is ready to go. We're ready to go. We need to start changing the flow of cash."

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February 5, 2018 - 7:40am
posted by Howard B. Owens in crime, Alabama, batavia, news, notify, Pavilion, pembroke, Oakfield.

Triton A. Drock, 23, of Buell Street, Batavia, is charged with criminal contempt, 2nd. Drock is accused of failing to be a witness in a Grand Jury hearing after being legally summoned. Drock was jailed on $2,500 bail.

A 17-year-old resident of Batavia was arrested on a warrant. The reason for the warrant was not released. The 17-year-old was jailed on $5,000 bail.

Shannon L. Klinkbeil-Heyday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbeil-Heyday is accused of making fraudulent returns and keeping the refund money.

Christopher S. Bump, 23, of Briarwood Drive, Batavia, was arrested on a warrant. The reason for the warrant was not released. Bump was ordered held in the Genesee County Jail.

Torrence C. Greene, 27, of Wearing Road, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd. Greene was arrested at 1:09 p.m. Friday following a police response by officers James Prusak and Frank Klimjack to a report of a disturbance on Walnut Street. Greene is accused of possession of a narcotic with the intent to sell. He was jailed without bail.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with aggravated harassment, 2nd. Misiak is accused of threatening a member of the Genesee County Sheriff's Office in a voicemail.

Jacob John Bukowski, 30, of East Park Street, Albion, is charged with unlawful possession of marijuana. Bukowski was allegedly found in possession of marijuana in the Town of Alabama at 3:30 p.m. Saturday by Deputy Kevin Forsyth.

Stephen Michael Milroy, 23, of Creek Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and failure to notify DMV of change of address. Milroy was stopped at 12:48 a.m. Saturday on Route 20, Alexander, by Deputy Erik Andre.

Michelle Amber Condidorio, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and moving from lane unsafely. Condidorio was stopped at 2:01 a.m. Saturday on Telephone Road, Alexander, by Deputy Andrew Mullen.

Richard JM Button, 27, of Heritage Estates Street, Albion, is charged with unlawful possession of marijuana. Button was allegedly found in possession of marijuana and paraphernalia during a traffic stop at 4:48 p.m. Thursday on Judge Road, Alabama, by Deputy Austin Heberlein.

Jennifer Sue Davis, 38, of Webber Avenue, Oakfield, is charged with DWI, speed not reasonable and prudent, and uninspected motor vehicle. Davis was charged following an investigation into an accident reported at 8:52 p.m. Thursday on Downey Road, Batavia, by Deputy Austin Heberlein.

Gabriel A. Tapia, 19, of Woodhaven, is charged with unlawful possession of marijuana. Tapia was charged by State Police after allegedly being found in possession of marijuana at College Village at 11:16 a.m. Saturday.

Jacqueline M. Kobee, 28, of Buffalo, is charged with possession of controlled substance not in original container, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and aggravated unlicensed operation. Kobee was stopped at 1:54 p.m. Saturday on Route 77 in Pembroke by State Police.

An 18-year-old resident of Batavia is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at 9:58 p.m., Saturday, at College Village, by State Police.

Michael T. Morasco, of Batavia, is charged with driving while impaired by drugs and moving from lane unsafely. Morasco was stopped at 11:52 a.m. Friday on Route 63 in Pavilion by State Police.

February 2, 2018 - 5:48pm
posted by Howard B. Owens in Country Max, batavia, news, business, notify.

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Country Max, the pet and garden supply store at 610 E. Main St., is closing with the last day of business planned for Valentine's Day, Feb. 14.

None of the regional chain's other 15 stores are closing.

Owner Don Payne said employees of the Batavia store are being offered jobs in either Geneseo or Brockport.

"We had entered that location more than seven years ago with a great deal of optimism but it has just not worked out," Payne said.
"We just have not been able to bring the stores business along far enough to make it even cover the costs."

The decision to close the store, he said, wasn't easy.

"We certainly leave the area with a heavy heart and wish to thank all of the people that have shopped at our store over the years," Payne said.

February 2, 2018 - 3:19pm
posted by Howard B. Owens in Downtown Revitalization Initiative, downtown, batavia, news, notify.

The planning committee for the Downtown Revitalization Initiative will ask project leaders from seven project applications to make a presentation about their project at a future committee meeting, committee members decided during a meeting at City Hall this morning.

The projects are: 

  • Carr's Reborn
  • Ellicott Place
  • Theater 56
  • Healthy Living Corridor
  • Healthy Living Center
  • BID marketing/branding
  • Public Market
  • GO Art!

The committee is either looking for more information, to clarify other funding sources, to ask if the amount of DRI funding for the project could be reduced, or just to better understand the projects.

The DRI is a $10 million prize received by the City of Batavia from the state to help fund a variety of downtown projects intended to increase traffic and business in the city's primary business and cultural center.

Several other projects, the committee felt, were complete applications already and no additional information is required, such as Ellicott Station, Newberry Place, Jackson Square, renovations to the second floor of 206 E. Main St., and the Masonic Temple Building.

Six other projects were selected for a group submission; however, the applicants will need to go through a process similar to the state's Main Street Program, which provides funding at 75 percent of the project's total cost. Those projects include building renovation to 39-43 Ellicott St., Borrell Gym, facade work for 214 and 216 E. Main St., and Batavia Showtime.

This morning's conversation included some concern about some of the projects under consideration. 

Committee Co-Chairman Eugene Jankowski said he's hearing objections from local residents to using DRI prize money for the Healthy Living Center, which is a nonprofit, tax-exempt project. He said people felt the project backers, UMMC and the YMCA, being nonprofits, have other funding avenues not open to local business owners competing for DRI money. City Church Pastor Marty Macdonald shared the same concern and it was his perception that the project was well underway before the DRI award was made to the city.

Co-Chairman Steve Hyde said he was part of the project in its early stages -- he resigned after being selected for the DRI committee -- and he said organizers knew the city was applying for the DRI prize and that the potential of the grant was always part of the potential financing plan for the center.

There is also concern that the project is seeking $5 million, or half of the $10 million pie.  

Similar concerns were raised about the $3 million for the mall and $5 million for renovations to Ellicott Street (a median, plus pedestrian and bike paths).

Committee member John Riter expressed concern that both of these projects aren't far enough along and aren't able to provide the committee with enough information.

Hyde said the Genesee County Economic Development Center is taking a lead role in the revitalization of the mall and suggested that perhaps the mall should be included with a $1 million request to provide some start-up funds for the potential $30 million project. He said there is a developer interested but there needs to be some preliminary work done.

The committee appeared willing to consider that request.

The committee will present a list of projects totaling $15 million in requested funding and state officials will select the final winning projects for a total prize of $10 million. The current list is at $16,187,000.

February 2, 2018 - 12:21pm
posted by Howard B. Owens in crime, batavia, news, notify, corfu, Basom, Alabama.
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      Jacqueline Saeli

Jacqueline M. Saeli, 52, of North Lake Road, Corfu, is charged with two counts of third-degree arson and one count of second-degree criminal mischief. Saeli is accused of starting a fire at 5:33 a.m. Jan. 6 at 8455 North Lake Road, Pembroke. The fire destroyed a shed and a Harley-Davidson motorcycle. Investigators say the shed and motorcycle were the property of her ex-boyfriend. The incident was investigated by Deputy Ryan Young, Investigator Christopher Parker, with assistance from the Pembroke Volunteer Fire Department and the Emergency Management Office. Saeli was arraigned and released under supervision of Genesee Justice.

Darcia Marie Golda, 46, of West Main Street, Batavia, is charged with third-degree grand larceny. Golda is accused of stealing more than $31,000 from her employer, Rite Aid, at 4155 W. Main St., Batavia, between October 2016 and September 2017.

David Allen Gurgir, 56, of Hulberton Road, Holley, is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. Gurgir is accused of working with two accomplices to purchase a truck and complete all of the associated paperwork under false pretenses.

Daniel L. Schmiegel, 32, of Basom, is charged with two counts of criminal possession of a weapon, 3rd. Schmiegel is accused of possession of an assault rifle and an ammo clip. Schmiegel was arrested by State Police. No further details released.

Maurice G. Leach, 41, of Batavia, is charged with resisting arrest, unlawful possession of marijuana, endangering the welfare of a child, fleeing a police officer in a motor vehicle, 3rd, aggravated unlicensed operation, using a vehicle without an interlock device, reckless driving. Leach was arrested by State Police in relation to an incident reported at 8:42 p.m. Thursday. No further details released.

February 1, 2018 - 11:45am
posted by Howard B. Owens in crime, batavia, Oakfield, news, notify.

Shannon L. Klinkbell-Hayday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbell-Hayday allegedly made fraudulent return refunds at a business where she was working and then kept the return money.

Devin P. Hofert, 22, of Hutchins Street, Batavia, was arrested on a warrant. Police came into contact with Hofert during an investigation into a domestic incident. He was also allegedly found with a hypodermic instrument. He was jailed on $5,000 bail.

John A. Snook, 29, of Oak Orchard, Albion, is charged with first-degree criminal contempt. Snook allegedly violated a stay away order of protection by going to the home of the protected person. He was jailed without bail.

Freddie L. Cunningham Jr., 56, of Ellicott Street, Batavia, is charged with harassment, 2nd. Cunningham allegedly threatened harm to another person during an incident reported at 3:14 p.m. Tuesday.

Christopher Lynn Allison, 23, of Gaines Waterport Road, Albion, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and unlawful possession of marijuana. Allison was arrested after Deputy Ryan Delong responded to a report at 3:20 p.m. Wednesday to the 7-Eleven in Oakfield of a male unconscious in a vehicle.

February 1, 2018 - 11:40am
posted by Howard B. Owens in Alabama, news, accident, notify.

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A tractor-trailer rollover accident is reported in the area of 1074 Lewiston Road, Alabama.

The driver is out and appears uninjured. The road is blocked.

The product the truck is carrying is "all over the road." The product is alcohol.

Alabama fire responding.

UPDATE(S) (By Billie) 12:47 p.m.: The semi-truck was caught by a gust of wind and the passenger side wheels went off the roadway. The driver over-corrected, causing the rig to flip on its side. The roof then came off, spilling the cargo of $60,000 worth of liquor and wine. No injuries. More pictures will be posted later.

UPDATE 3:31 p.m.: The roadway is clear. All Alabama units are back in service.

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January 31, 2018 - 2:30pm
posted by Howard B. Owens in crime, bergen, news, notify.

The Sheriff's Office is investigating a pair of attempted break-ins to residences in Bergen, one in the Village and one in the Town, that occurred the night of Jan. 23.

In both cases, the would-be intruder or intruders failed to make entry into the homes.

One was an apartment on Gibson Place, the other a house on Creamery Road.

Investigator Andrew Hale said he believes the two attempted break-ins are related.

They happened within hours of each other.

There's little evidence at this point to identify a suspect.

What stopped the possible burglary on Gibson was a security chain on the kitchen door of the apartment. Whoever tried to break in got the door open but couldn't open it further because of the chain, Hale said. 

On Creamery Road, several windows were tried but none successfully opened.

Residents in the area are reminded to lock their doors and windows and be on the lookout for suspicious activity.

Anybody with information that may assist the investigation may call the Sheriff's Office at (585) 353-5000 and ask for extension 3570.

January 31, 2018 - 12:53pm

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Three dozen volunteers turned out Tuesday night for a meeting at the Masonic Hall in Le Roy to learn about a new organization being formed by the Le Roy Rotary Club to help provide nutritious meals to members of the community.

Since Grace's Kitchen shut down in the Fall fo 2016, those with the financial or social need for free community meals haven't had a place to go, and Rotary members realized if there was going to be another community kitchen, they might need to be the ones to step up and make it happen.

"We felt there was a need in the community and that's what we do," said Tracy Ford. "Our motto is service above self."

Grace's Kitchen closed after Selby Davis left town. Davis operated Grace's Kitchen with oversight by the Le Roy Christian Community Project (LCCP). From 2011 to 2016, Grace's Kitchen served 100 to 125 people meals regularly, and 70 percent of those individual helped were elderly.

Meanwhile, there has been an increase in students participating in the LCCP's Backpack Club, which provides students with food bags to help them not go hungry between the time school gets out on Friday and begins again on Monday. About 35 percent of the students at Le Roy CSD are enrolled in the school's free or reduced-price meal program.

All of this, Ford said, points to an ongoing need for a meal program in the community.

To start, the Rotary Club, assisted by Foodlink, the Masons, local churches, the Boy Scouts, and other community groups, will serve a meal every other week at the Masonic Hall on Bank Street.

The first meal is scheduled for 5 p.m. on Tuesday, March 27.

To facilitate the sustainability of the program, the Rotary members formed a nonprofit corporation.

The directors are: Christine Gephart, president; James Ellison, VP; Tracy Ford, secretary; Benjamin Dragon, treasurer; and board members Samantha Vagg Lawrence Boylan, Joan Ellison, Lynda Lowe and Collen O'Connor.

Much of the food will be provided by Foodlink. Ford said local restaurants said they will assist with meals.  

Ford said there should be plenty of food donated to help keep the program going so the main thing the organization needs from community members who want to help is to show up and offer helping hands.

"Manpower is the one big need," she said.

January 31, 2018 - 10:54am
posted by Howard B. Owens in crime, batavia, Le Roy, news, notify.

Randy J. Heslor, 24 of 3991 Pearl Street Road, Batavia, is charged with petit larceny. Heslor is accused of eating a deli sandwich in a store on West Main Street, Le Roy, and leaving without paying for it.

Robert T. Hoffman, 38, 45 Gilbert St., Le Roy, is charged with criminal mischief, 4th, and three counts of endangering the welfare of a child. Hoffman allegedly pushed another person and stopped that person from calling police. He was jailed on an unspecified amount of bail. 

Aaron Maurice Jackson Jr., 27, of Andrews Avenue, Binghamton, is charged with aggravated unlicensed operation, 3rd, and speeding. Jackson was stopped at 1:14 a.m. Monday on Boardway Road, Bethany, by Deputy Jeremy McClellan.

Grand Jury Report: 

Foster M. Brandt is indicted on counts of felony DWI. Brandt was stopped Sept. 23 on Route 5 in the Town of Le Roy. He was convicted in 2013 on a charge of driving while ability impaired by drugs.

January 30, 2018 - 10:25am
posted by Howard B. Owens in baseball, news, batavia, muckdogs, notify.

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Ben Hayes, commissioner of the New York-Penn League, bristles at the idea that has persisted for 10 or more years that he, and the league, want to take professional baseball away from Batavia.

That simply isn't true, he said, during a press conference at the Quality Inn & Suites, Batavia, yesterday, where he introduced Dave Chase as the new general manager of the ballclub.

When asked with a question premised on the idea that Hayes or the league is looking to move the club, Hayes shot back, "It always starts with the assumption that the league wants to move the club. That is the part that I have a hard time with. Is the community supporting the club to the extent that it can? Can it make it on its own? That is really the question.

"This is going to be a really important year. Let's see if we strip it down and we go back to the basics, can Batavia support this ballclub? And if it can, fantastic."

In Dave Chase, the league is bringing in a baseball man through-and-through, with more than 40 years experience both in running organizations and in running the media operations that keep an eye on how baseball organizations operate. He's also been a commission of a college baseball league. He loves baseball and its history.

"Just for the record, guys, the only sport I recognize is baseball," he said. "The other ones just fill up the calendar."

And the baseball played outside of the major markets is the baseball that defines the sport and the nation, he said.

"I don't know if it's still there but at one time when you walked into the gallery Hall of Fame there was a quote above the entrance that said, 'To understand America, study,' and it says, 'baseball.' They left out a piece of the quote. It's 'to understand America study small-town baseball,' and that's what minor league baseball is. So when we talk about the national pastime being baseball, and I do recognize it as the national pastime, it's minor league baseball. I think don't think we're talking about Major League Baseball."

Both Hayes and Chase said repeatedly they hope the fans in and around Batavia embrace the Muckdogs and that Chase will do everything he can to ensure a quality fan experience.

As GM of a minor league team, Chase said he has many constituencies to serve. First is the Miami Marlin farmhands. There are also the fans, league officials, other franchises in the league, and corporate sponsors. He wants all of them to be happy with the team on the field and the experience in the ballpark.

For the Marlins, the priority is getting the field into shape and improve the clubhouses.

Chase and Hayes took a look at the field yesterday morning and they walked the outfield. They're not happy with the condition, they said.

"It looks like some of the maintenance that had been done in recent months or year were not done correctly," Chase said. "As a result, the playing surface of the infield is really rough. I would not want to put my son on it to field a ball and I wouldn't charge a baseball in the outfield either."

Work can't begin 'til spring and Chase indicated he's going to need to have some conversations with the baseball coaches at Genesee Community Collete, Notre Dame, Batavia High School, about field availability this year so that there is time to get the field ready for opening day June 18.

And he wants to meet with the coaches anyway, just as members of the local baseball community.

"I want to hear from other folks who are engaged in baseball," Chase said. "I want to hear from them because what is good for a part of baseball is good for baseball in the long run."

He also wants to hear from the fans.

"I want to hear what they like and do not like," he said. "I'm a one-man show at the moment so I may not be able to respond to them right away but my goal is to talk to them and for them to come and see me. Once we get the office cleaned up a little bit, we will invite people to come out and just talk baseball."

Some of the improvements needed at the ballpark -- cleaning up the office, new infield lights, new equipment in the concession stand -- is an expense the league will need to initially shoulder, Hayes acknowledged. He understands that the city may not have the funds available for infield lighting, but the current lighting doesn't meet league standards. 

Hayes said he has various options to fund upgrades and operations for the Muckdogs in 2018, to make up for any revenue shortfall, but in the long run, if the team ever is sold, those deficits will be covered out of the share of sale proceeds that will go to the Genesee County Baseball Club.

The club, a community nonprofit, has owned the franchise for decades, but after the NYPL declined to allow the Rochester Red Wings an extension on its 10-year operating agreement, the league took over operations of the franchise. The Red Wings are entitled to 50 percent of the sale price; the league would get 10 percent; and the Club 40 percent. But Hayes said costs above revenue will be charged to the Club.

The amount of money the Club gets will play a role in the Club's ability to help recruit and retain a team in one of the region's college summer leagues. 

Chase, who ran such a league, is mindful that is an option for local baseball fans.

"When you run out the New York-Penn, which is a quality short-season Class A league, we think Batavia has a good chance of supporting that, but if they can't, then some other baseball would have the option of coming in here," Chase said, and that option would be a college summer league.

When it comes to the quality of baseball, fans, he said, wouldn't know the difference.

"The young men who play the game, play as hard as ever and the fans get their summer fix of baseball," Chase said. "That that would be the next step. But we're not there yet. I think if the league was there that would have happened already."

It's been more than a dozen years since there has been an off-season without a Hot Stove League dinner, a favorite event with core Muckdogs fans, and when asked about it, both Chase and Hayes perked up and said they had just been discussing such an event at lunch. It may happen yet this off-season, Chase said.

Hayes said he picked Chase to run the club because of his experience and expertise.

"David has been in the business for four decades," Hayes said. "He's operated clubs from the low end to the high end and he knows what the values of professional baseball are and what the important things are."

There are two ways to look at Hayes hiring somebody like Chase. One is, the league wants to improve the financial position of the Muckdogs so the team can stay in Batavia. The other is to improve its curb appeal to help attract a new owner.

"There is a third option, too, and that is can we make this a stable market and can we keep it here," Hayes said. "And I don't think that that question has been completely vetted."

Surprisingly, Hayes said the first priority isn't to make the Muckdogs profitable. He said it was to get the fans more engaged with the team

"Financial viability really is not what I would say the number one," Hayes said, "It is very close to number one, but my closest number one is to make sure that as this situation stabilizes."

When it was suggested that there was a subtext to comments by Hayes that there was a dissatisfaction with how the Red Wing ran the ball club for the past 10 years, Hayes said that isn't the case at all.

"I think that they handled it and they did the job they did," Hayes said. "We've got to take a look at it and see if we can do the same thing if not better. If we can, great, and if we can't then the proof is in the pudding. Two people tried and we brought in two people who can operate a club properly. If neither one of them can do it, then maybe the market can't support it. Maybe that question will answer itself. This is a year for the city to show itself."

January 29, 2018 - 9:01pm
posted by Howard B. Owens in Genesee County Airport, snowy owls, outdoors, animals, news, notify.

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Area wildlife photographers were shocked and saddened Friday to find a dead snowy owl Friday afternoon atop a utility pole near the Genesee County Airport.

The DEC confirmed today that it was notified of a dead snowy owl that had been banded at that location.

National Grid, after being contacted by the DEC on Friday, assisted in recovering the animal from atop the utility pole (see video below).

Local photographer Jim Burns (who freelances for The Batavian) is a wildlife photographer and a frequent visitor to the airport, which attracts both numerous snowy owls and photographers. He said such deaths as this animal's are not uncommon. The owls fall victim to electrocution (the possible cause in this case), being hit by cars and poisoning. 

Poisoning is perhaps the most preventable cause of death of snowy owls. The owls feast on rodents and if the rodents were poisoned before becoming an owl's meal, the owl is poisoned as well.

"That's the main message to get out there," Burns said. "People should put out traps instead of poison."

Though still rare, the birds have been showing up in WNY in recent years, probably, because their northern hunting grounds are becoming crowded. It's generally the younger birds who migrate south. Burns estimated the deceased owl was no more than 2 years old.

The birds are banded by Operation SNOWstorm, which tracks snowy owls to assist in their preservation.  

The Department of Environmental Conservation asks that if you find a dead banded bird, report it on the website www.reportband.gov.

Photo by Margy Meath.Video by Oded Kalir.

January 29, 2018 - 2:12pm
posted by Billie Owens in elba, Le Roy, Alabama, batavia, Grand Jury, crime, news, notify.

Michael S. Ryan is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Aug. 25 at the Premier Genesee Nursing Home on Bank Street in Batavia, he knowingly possessed stolen property -- a credit or debit card belonging to a client of the Le Roy Federal Credit Union.

Kevin G. Viehdeffer is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that he did not personally appear in Genesee County Court on the required date of March 27, or voluntarily within 30 days thereafter. It is alleged in the indictment that Viehdeffer was released from custody or allowed to remain at liberty upon the condition that he would subsequently appear in Genesee County Court.

Ryan P. Isham is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 10 in the Town of Elba that Isham drove a 2011 Chevrolet on Route 262 in Elba while intoxicated. In count two, the defendant is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more. In Special Information filed with the indictment by the District Attorney, Isham is accused of having been convicted of DWI as a misdemeanor on Nov. 15, 2015, in Cambria, Niagara County. That conviction is within 10 years of the crimes alleged in the current indictment.

Danielle N. Webster is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 6 in the Town of Alabama that Webster drove a 2005 Chevrolet on Bloomingdale Road while knowing, or having reason to know, that her driver's license or privilege to operate a motor vehicle was suspended in New York on Aug. 25 pending prosecution. It is further alleged that she was under the influence of alcohol or a drug at a time. In count two, the defendant is accused of driving while intoxicated as a misdemeanor. In count three, she is accused of failure to keep right. In count four, the defendant is accused of moving from lane unsafely. In count five, Webster is accused of moving across hazard lines on the roadway. In count six, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle.

January 29, 2018 - 11:07am
posted by Howard B. Owens in crime, batavia, news, Oakfield, Le Roy, notify.
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       Jaequele Tomlin

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal possession of a weapon, 3rd. Tomlin was charged as part of the ongoing investigation into a Craigslist scam. Tomlin was allegedly in possession of a blunt-force weapon with the intent to use it against another person. The weapon was not used against any person, according to police. Tomlin, already held on prior charges, was arraigned in City Court and ordered held on this charge on a bail of $10,000 or bond of $20,000.

Ryan Nicholas Bartholomew, 23, of Adams Street, Batavia, is charged with criminal mischief, 3rd. Bartholomew is accused of causing $471.57 in damage to an isolation cell door in the Genesee County Jail by kicking it.

Stephanie Marie Wentworth, 32, of Augusta Street, Rochester, was arrested on a warrant for alleged failure appear. Wentworth was arraigned and held on bail.

Olivia Alisa Ellis, 19, of Ellsworth Avenue, Batavia, is charged with unlawful possession of marijuana. Ellis was charged stemming from an incident reported Jan. 3.

A 16-year-old resident of Batavia is charged with menacing, 2nd, and endangering the welfare of a child. The youth was allegedly involved in a fight on Jan. 21 at an unidentified location in Batavia. He allegedly threatened another person with a knife.

Rajea Shaiek Thomas, 29, of Sutorius Drive, Rochester, was arrested on a warrant. Thomas turned himself in after learning of the warrant. No further details released.

Matthew J. Bean, 50, of Countryside Lane, Depew, is charged with DWI, driving with a BAC of .18 or greater, refusal to take a breath test, and driving left of pavement markings. Bean was stopped at 5:09 p.m. Thursday on East Main Street, Batavia, by Deputy Robert Henning.

Kirk Anthony Breemes, 29, of Main Road, Le Roy, is charged with criminal contempt, 1st, harassment, 2nd, and criminal mischief. Breemes allegedly violated an order of protection and fought with another person and also damaged walls and doors during the altercation.

Xavier Malik Hand, 21, of Garibaldi Avenue, Oakfield, is charged with criminal contempt, 2nd. Hand allegedly left voicemail messages on another person's phone in violation of a court order.

Richard H. Wahl Jr., 51, of West Main Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and no seat belt. Wahl was stopped at 8:42 p.m. Jan. 21 on West Main Street, Corfu, by Officer Richard Retzlaff.

Louis Warren, 64, of West Broad Street, Rochester, is charged with aggravated unlicensed operation and speeding. Warran was stopped at 2:14 p.m., Jan. 19, on Alleghany Road, Village of Corfu, by Officer Jacob Gauthier.

Daniel L. Schmiegel, 32, of Basom, is charged with menacing, 3rd, unlawful imprisonment, coercion, grand larceny, 4th, unauthorized use of a vehicle, criminal possession of a controlled substance, and harassment, 2nd. Schmiegel was arrested by State Police following a reported incident at 7:58 p.m., Saturday. He was ordered held on bail. No further details released.

Matthew C. Strobele, 39, of Oakfield, is charged with DWI, refusal to take breath test, criminal possession of marijuana, 4th, driving a vehicle without an inspection sticker, failure to keep right, driving left of pavement marking and speeding. Strobele was stopped at 10:55 p.m. Friday by State Police in the Town of Ridgeway.

Amanda E. Dalrymple, 27, of Warsaw, is charged with petit larceny. Dalrymple is accused of stealing at a location in the Town of Batavia. No further details released.

Jessica L. Stranc, 21, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Stranc was stopped by State Police at 12:17 a.m. Thursday on Route 77, Darien.

January 27, 2018 - 6:29pm
posted by Howard B. Owens in batavia, news, notify.

ward4and5meetingjan2018.jpg

To open a public meeting hosted by Ward 4 and Ward 5 city council members Al McGinnis (left) and Kathy Briggs (right), World War II veteran Ken Dehm was honored with a plaque. Presenting the plaque, above, is Legislator Gary Maha, and joining in the presentation, Councilman Bob Bialkowski.

Dehm served in the Atlantic Theater in the Navy aboard a seaplane tender. The seaplanes hunted German U-boats.

Following the presentation, the floor was open to the dozen or so Ward 4 and Ward 5 residents who turned out for the meeting and they asked questions of McGinnis, Briggs, Bialkowski, Maha, and Police Chief Shawn Heubusch.

John Roach ran the meeting and made a few comments himself along the way. Capt. Bob Fix, City fire, also made a short presentation on fire safety and burn pits in the city.

The first topic raised was the anticipated methadone clinic at GCASA (Genesee/Orleans Council on Alcoholism and Substance Abuse Inc.)

Heubusch addressed the issue and as the city's top cop said he has no concerns about the clinic and said he believes it will benefit opiate addicts living in our community.

He said such clinics are proven to reduce crime in communities where they are established and that currently any person going through methadone treatment must travel to Rochester or Buffalo for their maintenance dosage.

The new clinic will allow them to get help closer home and make treatment available to more local addicts. The new clinic will not mean addicts will travel here from outside Genesee, Wyoming or Orleans counties because all of the other surrounding counties have clinics.

"Historically speaking, this is a known and proven program that has been around since the 1970s that will help people addicted to opiates," Heubusch said. "I can’t speak in detail about the scientific accuracy of that. All  I can tell you is it works. It’s been proven to work."

The next issue raised was the possibility of restoring and saving the stone pillars at the entrance to Redfield Parkway.  

Redfield resident Jim Owen is an advocate for the project and argued the pillars are of aesthetic and historic significance to the entire community. Other residents at the meeting disagreed and said they didn't want tax dollars spent on the project.

The City Council has authorized a $4,000 study by an engineering firm to find out what is needed to save the pillars. 

"It's a complicated issue and we can't go any further without more information and cost estimates," McGinnis said.

Former Legislator Ed Dejaneiro asked if any of the $17 million the county will have in the bank from the sale of the County Nursing Home will go to infrastructure needs in the City of Batavia.

Legislator John Deleo, who had taken a seat in the audience a few minutes earlier, was invited at that point to take a seat at the front table.

He said the Legislature will triage the county's infrastructure needs and prioritize how the $17 million will be spent. That could include city projects if they rise to the top of the priority list.

Maha raised the issue of the South Lyon Street Bridge and read a letter he had received from County Highway Superintendent Tim Hens about replacement of the bridge.

The abutments for the bridge were built in 1950 and the current bridge was installed on top of those abutments in 1982. It's the abutments that are deteriorating.  Hens said the bridge is safe. The county has been applying for federal funds to replace the bridge for several years. The cost is an estimated $3 million.

Complications with bridge replacement include the fact that the south abutment is actually under South Main Street. There is also an area that was likely a burial ground during the War of 1812 for victims of either a cholera or typhoid epidemic. Hens said he didn't think any bodies will be found, but archeological work will be required.

The new bridge will likely need to be two lanes, which will mean purchasing at least one house (perhaps through eminent domain) on the north side of the Tonawanda Creek.

An audience member advocated for going to a strong mayor form of government. Bialkowski said right now the city must abide by the city charter, which mandates a city manager, so the Council will seek to hire a new city manager.

If residents would rather have a mayor, Bialkowski said, it will take a petition drive and a charter committee made up of local residents.

“That's up to you the citizens to decide," Bialkowski said. "It’s not up to us.”

Another topic was the proposed apartment complex on East Main Street with one resident complaining there are too many apartments in Batavia.

Roach jumped in on that one and noted that when the project was going through the planning process, nobody showed up to oppose it.

He delivered a long statement about the need to get involved, otherwise, you may not get what you want out of the city.

"If you don’t show up then I would say shut up," Roach said. "Be there. Show up. Speak up. Say something. A half year later doesn’t count."

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Chief Shawn Heubusch

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Councilman Al McGinnis standing and Councilwoman Kathy Briggs seated.

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Councilman Bob Bialkowski

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Ed Dejaneiro and Kathy Owen

January 26, 2018 - 9:52pm
posted by Howard B. Owens in baseball, news, muckdogs, batavia, notify.

davechasemuckdogs.jpgDave Chase is the new general manager of the Batavia Muckdogs and the way Chase sees it, it's a sign of the New York Penn League's commitment to Batavia that a veteran baseball man with his level of experience has been hired to be the team's general manager for 2018.

This season running the Muckdogs will be the 41st in baseball for Chase. His career includes stints with six minor league baseball teams, work in a baseball broadcast booth, a term as commissioner of the Prospect League, 14 years as director of the Minor League Baseball Museum, and 17 years as publisher of Baseball America.

"I've done just about everything in baseball," Chase said. "I've taken on teams that were just starting out and those going through internal changes, so when I heard the New York Penn League was taking over the franchise in Batavia, I reached out to Ben Hayes (president of the NYPL) in early December and told him if he needed somebody to come and unlock the gates every couple of days, I'd be happy to do that."

Chase said he's been hired to do more than just unlock the gates. When asked about the NYPL's commitment to Batavia, he noted the team could have been moved this season or the league could have hired an inexperienced manager to come and unlock the gates on game days.

"My marching orders from Ben Hayes is to make sure we present a solid fan experience and a solid experience for the Marlins players," Chase said. "That could have happened in other places. That could have happened in other places in 2018. But Batavia is where the NYPL wants to be."

Chase steps in to run a team that has had the executioner's ax hanging over it for more than a decade, with every mid-June opening game bringing fans to the ballpark wondering if this could be the final year for professional baseball in Batavia.

In a short conversation, Chase didn't talk like a man coming in to be a caretaker for a final season in Batavia. Though neither did he pretend he could speak for Hayes and the league's directors.

"My primary focus is to take care of the Miami Marlins players and make sure they have a quality experience in Batavia," Chase said. "It's also my job to re-establish the team in the mind of the fans."

For the past 10 season the Rochester Red Wings have operated the Muckdogs but in October, the league declined a request by the Red Wings and the Genesee Genesee County Baseball Club to continue that arrangement.

In December, the Club announced it transfered control of the franchise to the league. If the team is ever sold, 50 percent of the proceeds will go to the Red Wings (which gained a 5-percent share of the sale price during its 10 years of operation of the team), with the league getting 10 percent, and the Club will receive the remainder of the proceeds. The Club retains ownership of the team name and logos.

Chase hasn't visited Batavia yet -- he arrives Sunday and will hold a press conference Monday -- and asked if this was a turnaround effort, he said it was partly that but also partly like running a startup business.

He said it is his understanding that "there's not much left in Batavia."

He noted that there are apparently needs at the ballpark to be addressed, citing specifically the playing field and clubhouses. 

He said the team's loyal fans can expect him to work to deliver a quality ballpark experience.

"I met my wife in Durham (N.C.), so I understand the power of the ballpark," Chase said. "Baseball is not like any other sport. It's all about community. It's about bringing the community together. There are not many cities in the country like Batavia and the team has been there for a very long time, since 1939. We want to make sure the Batavia fans understand this is their team. We want to honor that tradition."

January 26, 2018 - 8:26pm
posted by Howard B. Owens in Sheriff's Office, news, notify, law enforcement.

sheriffawards2018.jpg

Investigator Pete Welker, a longtime member of the Local Drug Task Force, was named Officer of the Year by the Genesee County Sheriff's Office during an awards ceremony and luncheon today.

Senior Corrections Officer Kevin D. Wolff received the Distinguished Service Award.

Press release:

Officer of the Year Award – Investigator Ronald “Pete” Welker
Investigator Ronald “Pete” Welker has distinguished himself in the performance of service to the citizens of Genesee County during 2017. His professional skill and devotion to duty has been epitomized in his unfailing dedication to detect and arrest those responsible for drug dealing; his ability to cooperatively work with other agencies, particularly the City of Batavia Police Department; his fundamental orientation to public service and his willingness to teach others.

Investigator Welker’s efforts have made a significant contribution to the overall success of the Genesee County Drug Task Force which, in 2017, has had its most successful year in terms of defendants arrested. During this year, Investigator Welker’s daily performance has been a major contribution to the effectiveness, success and esteem of the Sheriff’s Office.

Investigator Ronald “Pete” Welker has reflected great credit upon himself and the Genesee County Sheriff’s Office and most deserves to be named Officer of the Year.

Distinguished Service Award – Senior Correction Officer Kevin D. Wolff
Senior Correction Officer Kevin D. Wolff has distinguished himself as a member of the Genesee County Sheriff’s Office. Senior Correction Officer Wolff has been a positive force within the jail division. He has taken the lead in training new officers and monitoring the JTO program for the last four years. He has been instrumental in working with New York State Commission of Corrections staff during cycle evaluations and, thereby, helping to obtain and maintain good reviews and good rapport with them.

Kevin has, for the past three years, been working with the New York State Police within their Field Intelligence Officer Program and has provided excellent information both to them and to the department through that venue. Senior Correction Officer Wolff has also recently taken the lead in working with auditors from the New York State Sheriffs’ Association in accomplishing Accreditation of the Jail Division later this coming year.

Senior Correction Officer Wolff’s knowledge and attention to detail have proven to be a great asset to the Department, and through his work, he has distinguished himself and brought great credit upon himself and the Genesee County Sheriff’s Office.

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Deputy Ryan Young received a Commendation.

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Among the dispatchers receiving commendations were Communications Coordinator Russell L. Lang Sr., Emergency Services Dispatcher Michael T. Sheflin, Emergency Services Dispatcher Nathan L. Fix, and Services Dispatcher Andrew Merkel.

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Meritorious Service awards went to deputies Eric Meyer, Kevin Forsyth, Michael Lute, Ryan DeLong.

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Meritorious service awards were given to several dispatchers Jason Holman, Steve Robinson, Jenna Bauer and Kelly Smith.

Members of the Local Drug Task Force were honored for their work in 2017, which set a record for arrests. Present were Emily McNamara, from Le Roy PD, Investigator Pete Welker and Sgt. Brad Mazur.

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Senior Correction Officer Kevin D. Wolff, center, with his family, Jail Superintendent William Zipfel, Sheriff William Sheron, and Undersheriff Gregory Walker.

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Pete Welker with his family and Chief Deputy Jerome Brewster, Sheriff William Sheron, and Undersheriff Gregory Walker.

Longevity awards were given to:

  • Correction Officer Michael A. Cox, 10 years
  • Animal Control Officer Agnes S. Jaroszewski, 15 years
  • Program Coordinator Catherine T. Uhly, 15 years
  • Correction Officer Michael F. Lindsley, 15 years
  • Sr. Emergency Services Dispatcher Robert H. Tripp, 15 years
  • Emergency Services Dispatcher Beth A. Hynes, 15 years
  • Correction Officer Kelly P. Creegan, 15 years
  • Investigator Christopher A. Parker, 20 years
  • Deputy Sheriff Matthew R. Butler, 20 years
  • Deputy Sheriff Lonnie A. Nati, 25 years
  • Deputy Sheriff Dana J. Richardson, 25 years
  • Sergeant Thomas A. Sanfratello, 25 years
  • Undersheriff Gregory H. Walker, 30 years
  • Jail Superintendent William A. Zipfel, 35 years
  • Sheriff William A. Sheron Jr., 40 years

Certificates of Appreciation:

  • Batavia Police Detective James M. DeFreze
  • Le Roy Patrolman Emily J. McNamara
  • Batavia Patrolman Jason A. Davis
  • Batavia Patrolman Frank J. Klimjack
  • Batavia Patrolman Christopher J. Lindsay
  • Genesee County Assistant District Attorney Kevin T. Finnell

Commendations:

  • Deputy Sheriff Kyle D. Krzemien
  • Correction Officer Justin M. Gugel
  • Correction Officer Jason M. Buck
  • Deputy Sheriff James D. Stack
  • Deputy Sheriff Ryan W. Young
  • Deputy Sheriff Jeremy M. McClellan
  • Deputy Sheriff Mathew J. Clor
  • Emergency Services Dispatcher Stephen R. Smelski
  • Emergency Services Dispatcher Zackery W. Czudak
  • Emergency Services Dispatcher Samantha L. Conibear
  • Emergency Services Dispatcher Andrew Z. Mullen
  • Emergency Services Dispatcher Frank A. Riccobono
  • Dog Control Officer Ann Marie Brade
  • Deputy Sheriff Dana J. Richardson
  • Deputy Sheriff Matthew R. Butler
  • Emergency Services Dispatcher Andrew K. Merkel
  • Sergeant Bradley D. Mazur
  • Deputy Sheriff Howard O. Wilson
  • Sr. Emergency Services Dispatcher Michael T. Sheflin
  • Sr. Emergency Services Dispatcher John W. Spencer
  • Emergency Services Dispatcher Nathan L. Fix
  • Correction Officer Vincent S. Maurer
  • Investigator James M. Diehl
  • Investigator Andrew B. Hale
  • Sergeant Eric K. Seppala
  • Communications Coordinator Russell L. Lang

Meritorious Awards:

  • Deputy Sheriff Eric J. Meyer
  • Deputy Sheriff Michael J. Lute
  • Deputy Sheriff Kevin P. Forsyth
  • Deputy Sheriff Ryan M. DeLong
  • Investigator Chad J. Minuto
  • Case Manager Nicole M. Easton
  • Financial Clerk-Typist Tracy L. Ranney
  • Emergency Services Dispatcher Kelly E. Smith
  • Emergency Services Dispatcher Beth A. Hynes
  • Emergency Services Dispatcher Jenna L. Bauer
  • Sr. Emergency Services Dispatcher Jason W. Holman
  • Emergency Services Dispatcher Peggy D. Richardson
  • Emergency Services Dispatcher Steven L. Robinson
  • Principal Financial Clerk Margaret A. Sheelar
  • Sr. Correction Officer Robert W. Mattice
  • Sr. Emergency Services Dispatcher Robert H. Tripp
January 26, 2018 - 10:35am
posted by Howard B. Owens in crime, batavia, corfu, news, notify, Le Roy.

Brandi Ann Watts, 37, of Indian Falls Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, inadequate stop lamp, and possession of an open container in a motor vehicle. Watts was stopped at 2:42 p.m. Sunday on Washington Avenue, Batavia, by Deputy Richard Schildwaster.

Timothy Jon Montesano, 30, of Gilbert Street, Le Roy, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, muffler violation, and failure to stop for stop sign. Montesano was stopped at 10:28 p.m. Thursday on Main Street Road, Batavia, by Deputy Andrew Mullen.

Matthew Ian Thomas Diers, 34, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court.

David P. Grossman Sr., 34, of State Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court. He was jailed on an unspecified amount of bail.

Brad Lee Ohlson, 40, of Pearl Street, Batavia, is charged with aggravated unlicensed operation, 2nd. Ohlson allegedly drove to Genesee County probation on a revoked license.

Kirk Anthony Breemes, 29, of Main Street Road, Le Roy, is charged with criminal contempt, 2nd. Breemes allegedly shook a woman causing fear in violation of a court order.

January 25, 2018 - 4:58pm
posted by Howard B. Owens in State Police, batavia, news, notify.

trooperdronejan252018.jpg

State troopers have a new tool in their aviation toolbox, Capt. Scott Reichel told members of the media assembled at the Batavia Barracks today, where a new program to deploy 18 drones across New York State was announced.

The first two drones were purchased as a pilot project by the State Police. The next 16 were purchased by the Trooper Foundation and donated to the State Police.

Reichel said the program will be evaluated for efficiency and effectiveness, which could determine whether to expand the program or purchase higher-end drones with more capabilities.

The DJI model being deployed, with all accessories, costs about $7,000 each.

"We picked this model because it's a good, proven platform, good airworthiness, pretty good capability to operate in cold weather, and they're used in cinematography and photography, so they have a good camera system," Reichel said.

They will be used in search and rescue missions and criminal investigations. They will also be tested in accident reconstruction, though that requires the purchase of additional technology, but Reichel said the drones could potentially help get accident scenes clear sooner by speeding up the investigation process.

"One reason we picked this drone is cost," Reichel said. "One of the things we wanted to be able to do was deploy these across the state. It doesn’t do any good for the State Police to have one drone to service the entire state of New York. We were able to acquire 18 of these and we’ll be able to put two in each troop."

There is technology available that could help with locating marijuana grow operations, an operation now handled by state police helicopter pilots, but State Police have not yet purchased cameras with that capability. Nor do the cameras have thermal imaging technology.

"The intention is not really to use these for marijuana eradication at this point," Reichel said. "This is more for support of police operations as they're evolving, more a response-type tool."

The goal is to have four to six troopers in each troop, excluding Troop T, which will be covered by the other troops for drone operations, certified to operate the drones.

To be eligible for considerate, a trooper must first become Part 107 certified by the FAA on his or her own time. If accepted into the program, the trooper will go through another 32 hours of training.

There are policies and procedures troopers must learn and obey. All of the same rules that apply now to searches and privacy will apply to drone pilots, Reichel said.

"As always, we safeguard people’s privacy," Reichel said. "That’s the way the State Police operates. We’ve established a privacy policy that governs our use of the drones. We discussed it with the New York Civil Liberties Union. The drone is not intended to circumvent any legal process that we already comply with, so it’s just another tool in the toolbox."

trooperdronejan252018-2.jpg

Zone Sgt. Corey Harmon

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trooperdronejan252018-4.jpg

trooperdronejan252018-5.jpg

January 25, 2018 - 3:54pm
posted by Howard B. Owens in crime, batavia, notify, news.
mug_mar_holmes_nov20152.jpg
     Marlek Holmes

Unless sexual predator Marlek Holmes violates the deal he made today, we shouldn't see him in Genesee County for a long time.

Holmes, who missed the start of a trial date earlier this week after corrections officers wouldn't transport him from Auburn to Batavia, agreed today to drop all his appeals in exchange for consecutive five-year prison terms on his assault convictions and the potential dismissal of his indictments on charges of 2016 of failure to register a change of address as a sex offender.

We also learned today why prison officials wouldn't transport Holmes from Auburn to Batavia until Monday, Tuesday or Wednesday. In preparation for his transport, he was placed in a chair that is also a metal detector. It's capable of detecting a metal object inside a human body up to six inches deep. If such an object is detected, District Attorney Lawrence Friedman said, the inmate is placed in solitary confinement and monitored to see what, if anything, comes out.

"Today they would have run him through that process again, and obviously the fact that he was here meant that he cleared the test," Friedman said. "But that's why he wasn't here for the trial because they are they are not able to transport somebody until they resolve the situation because obviously, it could be could be drugs, could be a weapon, could be a key, and they can't, for safety, they just absolutely cannot transport the person."

With Holmes cleared for transport today, Judge Charles Zambito scheduled a hearing on whether Holmes qualifies as a persistent violent felony offender, which, if Zambito made that finding, Holmes could have faced longer consecutive prison sentences on his assault convictions.

Before the start of the hearing, Fred Rarick, attorney for Holmes, asked to approach the bench. He informed Zambito his client was ready to accept a deal previously offered by Friedman.

After the hearing, Friedman talked about the need to secure a long sentence for Holmes.

"He has an unbelievably extensive criminal history involving a lot of serious crimes and that's why we took this all very seriously," Friedman said. "That's why he's now serving 25 years."

Finalizing the details of the agreement was a long process for Zambito to wade through -- the legal language and process and paperwork -- but Holmes, who a week ago used foul language in court, was in seeming good spirits and smiled and nodded a few times as he spoke quietly with his attorney.

In the 20-year period from 1995 to 2015, Holmes, now 43, spent most of his adult life -- 15 years -- in state prison. His 1995 conviction was for criminal possession of stolen property, 4th. Then in 2001, he was convicted of sexual abuse. In 2011, he was accused of sending sexually explicit photos to a girl.

Back in Batavia in 2015, he was soon charged with failure to register a change of address as a sex offender. He was charged again in 2016.

In 2016, he was also charged with sexual abuse, a charge that eventually led to a guilty plea (he was facing a possible life sentence) and a 15-year prison term.

In 2017, he was tried on two counts of assault in the second degree for assaults of fellow inmates in the Genesee County Jail and on criminal mischief for damaging jail property. A jury convicted Holmes on all counts.

It was those convictions that prompted the need for a hearing on his persistent violent felony offender status.

Friedman agreed that Holmes is one of the most hardened criminals he's prosecuted during his career.

"I would say, yes," Friedman said. "Not only because of the number of crimes he has been convicted of and the number of state prison sentences he has served, but also because of the nature of some of these crimes, the sex offenses."

Today, Holmes stipulated that he would drop his pending appeal on his sexual abuse conviction and not appeal his assault conviction or sentence. Legally, he can still proceed with appeals, but if he does, Friedman will be able to bring him back to court and start again on a trial on the failure-to-register charges.

Holmes also stipulated that he is second violent felony offender.

The agreement could also mean the dismissal of a pending misdemeanor indictment on a count of criminal contempt.

Near the end of the proceedings, as Zambito proceeded with the standard language that Holmes has 30 days to file a notice of appeal, Rarick was clear with his client and the court that if he files a notice of appeal, or anybody does it on his behalf, the deal falls apart and Holmes will be back in court facing the pending indictments on failure to register and criminal contempt.

With a total of 25 years in prison terms, Holmes could be eligible for parole after 2038. When he is paroled, either in 2038 or later, he will be on parole for 10 years.

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