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December 19, 2017 - 2:28pm
posted by Billie Owens in crime, news, notify, Darien, Le Roy, batavia.

Davon St. John is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that between Sept. 27 and 28, the defendant knowingly entered or remained unlawfully inside a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $180 in U.S. currency and other items. In count three, St. John is again accused of second-degree burglary for allegedly unlawfully entering the same dwelling on Ellicott Avenue between Nov. 18 and 19 with intent to commit a crime. In count four, he is accused of petit larceny for allegedly stealing an HP laptop, book bag, calculator, butcher knife and Samsung Electonic Tablet in the second break-in. In count five, the defendant is accused of a third instance of second-degree burglary at the same address between Nov. 20 and 21. In count six, he is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing a 2004 Jeep valued at more than one hundred dollars. In count seven, St. John is accused of petit larceny for allegedly stealing a 40-inch Vizio television in the City of Batavia between Nov. 20 and 21. In counts eight and nine, he is indicted for second-degree burglary for allegedly unlawfully entering a dwelling on Montclair Avenue in the city on Nov. 21 with the intent to commit a crime. In count 10, he is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property on Nov. 21 in the city that had a value of more than $3,000 -- in this case a MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. In counts 11 and 12, St. John is accused of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in counts 11 and 12 that he intentionally damaged the property of another person. In this case, a door and glasses, respectively. In count 13, he is accused of a sixth count of second-degree burglary for allegedly unlawfully breaking into a dwelling on Union Avenue with the intent to commit a crime. In counts 14 and 15, he is accused of criminal possession of a firearm, a Class E felony. In counts 14 and 15, it is alleged that on Nov. 21 in the City of Batavia that St. John illegally possessed, respectively, a .357-caliber Smith & Wesson revolver and a Glock firearm. In count 16, the defendant is accused of stealing property (unspecified) on Nov. 21 in the city and is therefore indicted on another count of petit larceny. In count 17, he is indicted on a third charge of fourth-degree criminal mischief for allegedly intentionally damaging another person's property (unspecified).

Jeremy L Siplin is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Nov. 17 in the Town of Batavia that Siplin stole property having a value in excess of $1,000 -- in this case, $2,292.84 worth of goods from Kohl's Department Store. In count two, he is accused of fifth-degree conspiracy, a Class A misdemeanor. It is alleged in count two that the defendant agreed with one or more persons to intentionally engage in, or cause the performance of, conduct that constituted a felony.

Joseph H. Merkley Sr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 3 in the Town of Le Roy that Merkley drove a 1996 Ford on Perry Road and/or Route 19 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing, or having reason to know, that at the time his dirver's licensed in New York was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count two that he was driving under the influence of alcohol or a drug at the time. Also, in Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI Per Se on June 18, 2014 in the Town of Murray in Orleans County. It is further alleged in the Special Information that Merkley knew that his driving privilege was revoked as a result and that revocation was still in effect when the crimes alleged in this indictment occurred.

Joshua M. Bradley is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 4 in the Town of Darien that Bradley drove a 2005 GMC on Colby Road and/or Route 20 while intoxicated. In count two, Bradley 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 at the time. Also, in Special Information filed by the District Attorney, Bradley is accused of having been convicted by DWI as a misdemeanor on Jan. 15, 2015 in the Town of Clarence, Erie County, and that conviction was within 10 years of the crimes alleged in this indictment.

December 19, 2017 - 1:29pm

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Before her deportation hearing this morning, immigrant-rights protestors rallied outside the Buffalo Federal Detention Facility in Batavia in support of Dolores Bustamante, a single mother who has been living and working in Wayne County.

Bustamante was taken into custody in 2014 when a trooper stopped her for a traffic infraction. Her attorney and supporters say the trooper violated State Police policy and constitutional protections by running an immigration status check on her. The trooper found she was in the country without proper documentation.

Her hearing was delayed until May this morning because the translator scheduled to handle the case couldn't speak clearly because of illness and no other translator was available.

Her attorney, Jose Perez, did make a motion to dismiss the case because Bustamante's rights had been violated by the trooper.

The judge refused to hear the motion because Bustamante's first attorney previously made factual admissions that Bustamante is from Mexico, was in the country without documentation, and admitted Bustamente was subject to possible removal.

That, Perez said, was a mistake by that attorney and could lead to a complaint to the New York State Bar for negligence and malpractice. 

The admissions potentially deny Bustamante the ability to challenge her arrest and deportation on constitutional grounds.

Once the complaint is filed with the Bar, the immigration judge can agree to hear and consider the motions.

Immigration-rights advocates in Central and Western New York are using Bustamante's case to highlight what they see as a disturbing trend under the Trump Administration to increase deportations, which are up 40 percent. 

Supporters say under the previous administration, Bustamante would not have as readily faced deportation because of her community ties, regular employment, and dependent children.

Perez said in May he will make the case that Bustamante would be granted asylum because she had been a victim of domestic violence in Mexico. Also, he noted, her son, who was not involved in gang activity in Mexico, was recently killed by gang members there, which could make it unsafe for Bustamante to return to Mexico.

NOTE: Information about proceedings in court this morning come entirely from the defense attorney in the case because of convoluted rules at the detention facility. For some reason, defendants are allowed only 10 friends and family guests in the courtroom, and for some inexplicable reason, journalists are included in that count. I agreed to leave so another family member could get into court, in part because of another inexplicable rule -- I couldn't have my mobile phone with me, even while attorneys were allowed their phones.  

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December 19, 2017 - 1:09pm
posted by Billie Owens in charity, charitable gaming act, news, steve hawley, notify.

Statement from Assemblyman Steve Hawley:

“This is a tremendous victory and crucial first step toward reforming our gaming laws for the tens of thousands of non-profits, fire departments, churches, Rotary and Kiwanis Clubs and charitable organizations throughout the state," Hawley said.

“After a long uphill climb, and with much help from my colleagues in the Assembly and Senate, we have made important changes to New York’s gaming laws that open the conversation and serve as a catapult to tackle more changes this year.

“I would like to personally thank Assemblyman Robin Schimminger (D-Buffalo) for carrying this bill in our house and Senators Patrick Gallivan (R-Elma), Michael Ranzenhofer (R-Amherst) and Rob Ortt (R-North Tonawanda) for championing this cause in the Senate. I would also like to thank all the constituents and local groups who contacted my office and the governor’s office expressing their support for this bill.

“The law will take effect in 180 days and the New York State Gaming Commission will make any necessary tweaks. I am so proud of the work we have done and I am hopeful that moving forward we continue to advocate for our charitable and nonprofit organizations and make more changes to the state’s gaming laws.”

December 19, 2017 - 12:39pm
posted by Howard B. Owens in Lions Club, batavia, basketball, news, notify.

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Thirty-five years ago Peter Arras convinced his fellow Lions Club members in Batavia to start a Christmas basketball tournament and then he ran it for more than three decades. At the tournament's annual kick-off dinner last night, Arras was honored and the tournament was officially renamed The Peter Arras GCC Basketball Tournament.

The Arras family was on hand for the dinner, including his widow Nancy Arras, above, who received a memorial clock from the club, presented by Dave Van Scoy. Van Scoy is a former superintendent of Batavia City Schools and Pete Arras was principal at Jackson School until his retirement. Arras passed away in October at age 77.

Lions member Ross Fanara was friends with Arras since Fanara was 10 and Arras was 12. They met on a baseball field and Fanara quickly learned, seeing Arras long frame sling an overhead fastball his way, that young Peter was a natural and gifted athlete.

He loved all sports, Fanara said, and excelled not only at baseball and basketball but football, golf, bowling and racketball.

As an athlete and educator, he was dedicated to the youth of the community, Fanara said.

"Mentally, morally, spiritually and socially he was always a class act," Fanara said. "He was truly a role model to our youth and continued to be even after his retirement. It is only fitting and richly deserved that the Batavia Lions Club Christmas Basketball Tournament will now be known as The Batavia Lions Club Peter Arias Memorial Basketball Tournament."

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Players from the four teams participating in the tournament this year -- Notre Dame, Batavia, Albion, and Elba -- attended last night's dinner. Pictured are Christian Cleveland, Notre Dame, Naz Pratt, Batavia, Demetrius Gardner, Albion, and Ben Pflaumer, Elba. Holding the trophy is Tony Scalia, the new tournament chairman.

The first game is at 7 p.m., Dec. 27 (a week from tomorrow night), with Notre Dame and Elba. Elba will look to avenge the team's only loss of the season, which came in overtime, on Notre Dame's home court 74-72. The nightcap opening night, at 8:30 p.m., is Batavia vs. Albion. Albion is a smaller school, but it will put a lot of big, experienced players on the court. It, too, should be a good game.

The finals are the following Friday, Dec. 29, with the consolation game at 7:30 p.m. and the championship at 8:30.

Scalia said the tournament format will change next year, going to eight teams in two brackets. The Class A and Class B schools will be in one bracket and the Class C and Class D schools will be in the other bracket. This should make the tournament more competitive, Scalia said. Batavia will be vying for the championship against schools closer to its own class.

During the dinner, Batavia Head Coach Buddy Brasky mentioned that Pete Arras gave Brasky his first teaching job in the City School District at Jackson School, which allowed Brasky to become Batavia High School basketball coach.

December 18, 2017 - 6:31pm
posted by Howard B. Owens in crime, Oakfield, news, notify.

A man involved in the theft of more than $3,000 in battery cables from 50 busses in Oakfield in 2014 was recently located in Arizona, returned to Genesee County, and today entered a guilty plea to third-degree grand larceny.

The arrest of Jordan Prentice on the charge was not previously reported so not a lot information is available on the case.

In a brief email exchange today, Chief Deputy Jerry Brewster said Prentice was an accomplice of Jeremy Dean Lyons, who was indicted in 2014 on a count of criminal possession of stolen property, 3rd.

Prentice, Brewster said, "took off on us."

According to Brewster, Prentice removed copper wires from busses at Lutz Sales, 2051 Judge Road, Oakfield, on Aug. 25, 2014.

"These were thick, heavy copper battery cables that ran the entire length of the bus," Brewster said. "As you probably recall, copper prices were through the roof at the time."

As part of the plea agreement, Prentice won't receive a sentence greater than "shock probation," which means a time in jail and probation.

Assistant District Attorney Shirley Gorman did not oppose Prentice, who was in custody at the time of his hearing this morning, being released under supervision of Genesee Justice. Prentice, she said, has been living in Arizona for two years, has married, become a father, and has held a steady job.

While awaiting sentencing next month, he cannot leave Genesee County, however. He will be living with his parents in Oakfield.

December 18, 2017 - 6:16pm
posted by Howard B. Owens in crime, batavia, news, notify.

Even though one of his co-defendants has already entered a guilty plea to attempted assault in the first degree, Anthony Spencer has decided to let a jury decide his fate in a trial for his alleged participation in a group assault on a man on East Main Street in July.

The attack, which included a beating and a knifing, nearly cost the victim his life.

Spencer today turned down a plea offer that would have capped his prison term at 10 years.

He is charged with assault in the first degree and gang assault.

Only Spencer, 26, and JW Hardy, 30, were identified as suspects in the attack, though police believe there were others involved, hence the gang assault charge, which requires at least three participants. The charge does not require actual gang affiliation. Police have not said whether they believe Spencer and Hardy are affiliated with a known gang.

Hardy entered a guilty plea last week to first-degree attempted assault. Spencer passed up the chance to plead to the same Class C felony.

Hardy is scheduled for sentencing Feb. 14. Jury selection in Spencer's trial is slated to begin March 5. Fred Rarick has been appointed to represent Spencer.

Officer Arick Perkins is credited with saving the victim's life.

December 18, 2017 - 2:44pm
posted by Billie Owens in news, batavia, notify.

Submitted photo and press release:

Jason Molino, currently City Manager of the City of Batavia, has accepted Tompkins County’s offer of employment to become that County’s next County Administrator.

Molino’s selection is subject to formal appointment by the Tompkins County Legislature—that action scheduled for the Legislature’s Dec. 19th meeting. The new administrator’s start date will be determined, once the appointment becomes official.

A credentialed local government management professional by the International City/County Management Association (ICMA), with diversified experience in public administration, Molino has served as the Chief Executive Officer and Chief Fiscal Officer of the City of Batavia (Genesee County) since 2006, leading a city workforce of 130 (departments of Police, Fire, Public Works, Community/Economic Development, and Youth Bureau) and administering an annual operating budget of $25 million and a $25 million capital plan. From 2004 to 2006, he served as Assistant to the Village Manager for the Village of Port Chester, New York, where he assisted in projects and issues related to operations, personnel, labor negotiations, and public engagement.

Molino is also a veteran, having served in the United States Coast Guard Reserve for seven years, achieving the rank of Petty Officer Second Class.

“We are very pleased to have Jason coming to join our team,” said Michael Lane, chair of the Tompkins County Legislature. “He brings with him a strong background in budgeting, labor relations, and management oversight; and has compiled a strong record of supervising a multi-department workforce, inter-municipal cooperation, and securing important grant funding for his community.

"Jason’s credentials are a great fit for county government and I know our residents and businesses will welcome him and work with him to keep our county moving forward on its course for success.”  

"I am truly honored to be given this opportunity to work for such a progressive community,” Molino said. “Tompkins County is recognized across the State of New York as a leader in government, and I’m looking forward to being part of this team. My family and I are eager to become members of the community and enjoy all that Tompkins County has to offer."

Molino holds a Master of Public Administration degree from the Rockefeller College of Public Affairs & Policy, University of Albany, State University of New York and a Bachelor of Arts in Political Science from Norwich University, Northfield, Vt. Molino is married with four children (ages 3, 5, 7, and 18) and currently resides in Batavia.

Tompkins County began a national search for a new County Administrator in July 2017, after former administrator Joe Mareane announced his intent to retire. A diverse search committee comprised of county legislators, department heads, labor representatives, and community members narrowed a field of more than 20 applicants and conducted interviews. Three were recommended to the full County Legislature and were interviewed by all 14 members; new Legislators-elect observed and asked questions.

The County Administrator is the chief executive officer of Tompkins County. The Administrator serves at the pleasure of the Legislature and is responsible for conveying the will of the Legislature to departments and representing the concerns of departments to the Legislature.

The Administrator is routinely charged with highly complex projects and challenging responsibilities, among them  development of the annual recommended County budget, appointment and supervision of non-elected department heads, ensuring that policies of the Legislature are followed, managing special projects of the Legislature, and representing the County Legislature at the state and local level.

Deputy County Administrator Paula Younger has served as Interim County Administrator since mid-November.

December 18, 2017 - 12:44pm
posted by Howard B. Owens in crime, notify, news, batavia, Le Roy, Alabama, Bethany.
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       Joseph Cavico

Joseph J. Cavico Jr., 49, of Albert Street, Rochester, is charged with assault, 3rd, menacing, 2nd, willful defacement of a weapon, and criminal possession of a weapon. Cavico is accused of striking a victim numerous times and threatening the victim with a pistol and knife. During the investigation by Le Roy PD, police located a .357-caliber pistol with its serial number removed. Cavico was jailed without bail. The investigation is ongoing.

Roberta A. Goodman, 50, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs. Goodman was stopped by Le Roy PD at 12:48 p.m. June 20 following a complaint. Goodman allegedly failed to maintain her lane of travel and almost struck objects. Goodman was allegedly under the influence of prescribed medication.

Kimberly White, 28, of Wyoming Road, Wyoming County, is charged with petit larceny. White and an accomplice allegedly stole $319 of Hydroxycut supplements from Walgreens in Le Roy on May 16.

Shane E. Dann, 41, of Swan Street, Batavia, was arrested on a warrant. Dann was arrested on a City Court warrant. The charges were not released. 

Sean M. Haugh, 20, of North Main Street, Warsaw, was arrested on a warrant for alleged failure to appear. Haugh was arrested at the Wyoming County Jail and transported to Batavia City Court. Haugh was released after posting bail.

Rae C. Cook, 28, of Gilbert Street, Le Roy, is charged with harassment, 2nd. Cook is accused of punching a nurse while at UMMC's emergency room.

Kiara M. McCoy, 28, of Woodward Street, Rochester, is charged with unlawful possession of marijuana, uninspected motor vehicle, and speeding. McCoy was allegedly found in possession of marijuana during a traffic stop at 10:32 p.m. Friday on Walnut Street, Batavia, by Officer James Prusak.

Nikkia Marie Phillips, 31, of East Main Street, Batavia, is charged with petit larceny. Phillips is accused of stealing merchandise from Walmart.

Anthony M. Strollo, 59, of Bethany Center Road, Bethany, is charged with trespass. Strollo allegedly walked onto property on Wortendyke Road without permission at 2:45 p.m. on Thursday.

Kevin James Weber, 47, of Judge Road, Alabama, Alabama, is charged with menacing, 2nd. Weber allegedly threatened another person with a knife at 4:10 p.m. Thursday at a location on Judge Road, Alabama. He was ordered held on no bail and a full stay away order of protection was issued.

Jacklyn Maureen Ganzhorn, 30, of Genesee Street Road, Attica, is charged with harassment, 2nd. Ganzhorn allegedly struck another person at 10 p.m. Thursday at a location on Orangegrove Drive, Batavia.

December 18, 2017 - 11:17am
posted by Howard B. Owens in Le Roy, news, notify.

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There have been winter mornings in Le Roy when Myrtle Burrell couldn't even see down Wolcott Street from her crossing station at Main and Church, the snow was blowing so hard.

No matter the weather, for 34 years, with only a couple of days off, Burrell has been at her post helping children get across Main Street safely.

Even this morning, on the day of her 90th birthday.

It was no big deal, she said. "As I told my grandson, it's just two 45s."

The last time she missed a crossing guard shift, she said, was when her husband Roy passed away.

"I don’t believe in missing time unless something is really wrong," she said. "I guess I'm too dedicated."

She loves the kids, she said. And she doesn't let them mess around on her corner, she said. Once when some boys were acting up Burrell, who isn't much taller than many of the children she helps cross, told them they better watch it or she would karate chop them. And they said, "oh, right," so the next day she came back to the corner with a picture of herself from a karate class. That got the boys' attention.

Burrell started the job after being laid off when the Sylvania plant in Batavia closed. She went to a get-together at a friend's house and somebody mentioned working as a dispatcher and Burrell said, "that's something I'd like to do." 

The person told her to go see then-Police Chief Sam Steffenilla.

She did.

He hired her on the spot.

But then the crossing guard who worked Main and Church decided to quit. Steffenilla asked her if she wanted that job and she said she couldn't do both jobs, but agreed to give the crossing guard job a try.

"They showed me what to do and left me and I've been on my own ever since," she said.

December 15, 2017 - 4:20pm
posted by Howard B. Owens in crime, batavia, news, notify.

One of two men accused of taking part in a near-fatal knife attack against a person on East Main Street in Batavia in July, entered a guilty plea in County Court today to one count of attempted assault in the first degree, a Class C violent felony.

JW Hardy faces a sentence of up to 10 years under terms of the plea agreement. Sentencing is scheduled for 1:45 p.m., Feb. 14.

Hardy, 30, and co-defendant Anthony Spencer Jr., 26, were initially charged with assault in the first degree and gang assault, 1st, for allegedly working in tandem to beat and stab a victim July 18 at a location on East Main Street.

Spencer's case is still pending and he's due in court on Monday.

Officer Arick Perkins is credited with saving the victim's life.

Pending sentencing, Hardy remains at liberty.

December 14, 2017 - 11:06am
posted by Howard B. Owens in batavia, muckdogs, baseball, news, notify.

Press release:

It is with a powerful sense of sadness and loss, tempered by pride in our past and the hope of a faithful and resilient people for the future, that the Genesee County Baseball Club (GCBC), the nonprofit that has owned the Batavia Muckdogs of the Class A New York-Pennsylvania Professional Baseball League, announces that control of the franchise has been transferred to the New York-Penn League.

The transfer was officially approved by the GCBC's 23-person all-volunteer board.

The league is seeking a buyer for the franchise. Under terms of the transfer, the Rochester Red Wings, who have managed day-to-day operations of the club since 2008, will receive 50 percent of any sale price, and the GCBC will receive the other 50 percent, minus legal fees and the 10 percent share of sale proceeds that will be kept by the league. The name “Muckdogs” will remain property of the GCBC.

Batavia is the last of the original cities of the New York-Penn League, which was founded at a meeting in the Hotel Richmond in Batavia and began play in 1939 as the PONY (Pennsylvania-Ontario-New York) League.

The ongoing geographic expansion of the league, which now stretches from Aberdeen, Md., to Burlington, Vt., and from Staten Island to Morgantown, W.Va., has made it tremendously difficult for the smaller Upstate New York cities that once formed the heart of the league to survive. Lodging and travel costs have become prohibitive for small-market teams in the western part of New York State.

The sole remaining longtime Upstate New York franchise is in Auburn, which entered the league in 1958.

Brian Paris, president of the Genesee County Baseball Club, thanked the Rochester Red Wings:

“We are deeply grateful to the Red Wings for their absolutely pivotal role in preserving NYP League baseball in Batavia for these last 10 years — which included the franchise’s fourth league championship in 2008. Naomi Silver, Gary Larder, and the rest of the Red Wings organization are great people and have been a pleasure to work with.”

Paris also praised the Batavia fans, noting that for years, the team had annually ranked in the top half of the league in per-capita attendance.

“Batavia has a great core of fans,” he said. “Dwyer Stadium is the friendliest ballpark in America.”

He saluted the hundreds of local businesses that have supported the team over the years, noting that “in best grassroots fashion, small businesses have been the advertising backbone of this team.”

It is not yet clear where the franchise will play ball in the summer of 2018. That decision is up to the league. But Paris expressed the hope that when June 2018 rolls around, a team called the Batavia Muckdogs—whether as a member of the NYP League or perhaps a summer league for top college players--will take the field at Dwyer Stadium.

December 13, 2017 - 1:01pm
posted by Howard B. Owens in crime, batavia, news, notify.
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     Corey Armstrong

Corey O. Armstrong, 46, of Bank Street, Batavia, is charged with two counts of criminal sale of a controlled substance, two counts of criminal possession of a controlled substance and unlawful possession of marijuana.

Armstrong was stopped by Batavia PD while driving in the city on Tuesday. Armstrong was wanted on a warrant stemming from a sealed Grand Jury indictment. 

During the traffic stop, Armstrong was also allegedly found in possession of marijuana. 

Armstrong was arrested as the result of a Local Drug Task Force investigation into the possession, transportation and sale of crack cocaine in and around the City of Batavia.

Following arraignment in County Court on the indictment, he was jailed without bail.

December 13, 2017 - 9:35am
posted by Howard B. Owens in Andrew Young Jr., alexander, news, notify.

Andrew Young Jr., the 14-year-old Alexander High School student who saw a commercial for an invention contest while watching the Ellen Show and decided to enter his idea for the "Toaster Shooter," has won a nationwide contest sponsored by Frito-Lay.

The grand prize is $250,000.

"We are blown away," said Andrew's father, Andrew Young Sr. "I don’t know that’s kind of hit us yet. We thought we did a good job and we though we might have won but we didn’t allow ourselves to think we had won so we’re still waiting for it to sink in, including Andrew."

Andrew is in school this morning and not available for comment.

Speaking of school, that's the plan for the $250,000 prize.

"He's not going to be able to buy the Lamborghini like he thought he would," said his father, laughing. "It's a college fund. It's 100 percent a college fund. He wants to go to M.I.T. so we're going to need every penny of it."

Andrew was among five finalists selected to compete in a voting contest. For more than a month votes were collected on the MyDreamVention.com website with multiple votes per person, per device allowed.

The Youngs worked hard to promote the contest locally and in Rochester and Buffalo to help drive votes.

December 12, 2017 - 3:08pm
posted by Howard B. Owens in crime, Basom, news, notify, batavia.

A 17-year-old Basom resident admitted in County Court today to threatening to shoot troopers and deputies during an incident on the Tonawanda Indian Reservation on Sept. 30, and of trying to seriously hurt or kill a person with a motor vehicle in the City of Batavia on Aug. 28.

Isaac Abrams entered guilty pleas to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony.

There is no sentencing cap on his possible prison term, which is a maximum of seven years, but the sentences on both charges would run concurrently, according to the plea agreement.

Abrams was being held in Genesee County Jail on $25,000 bail, but after listening to both attorneys on his bail status, County Court Judge Charles Zambito agreed to release Abrams under the supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m. He must continue to reside at his mother's residence on Skye Road during the term of his release or get permission from the court to move.

First Assistant District Attorney Melissa Cianfrini argued that Abrams has demonstrated a poor record of obeying the lawful commands of police officers, first in the Aug. 28 incident in the city and then during his confrontation with troopers and deputies Sept. 30.

His attorney, Vanessa Guite, said that Abrams has been successfully participating in Alcoholics Anonymous, completed his high school education while confined, and she added that that her client's second arrest was a real wake-up call for him.

"You can see from his demeanor in court that he is taking this deadly serious," Guite said.

In October, Abrams became a father. He has yet to see his baby, Guite said.

While out of jail, Guite said, "He will be fully engaged in taking care of his baby."

Details of the incident that led to Abrams' arrest in the City of Batavia on Aug. 28 are not available. There was no press release at the time of his arrest and today the Batavia PD computer system is down so the information isn't available. (Correction: There was a press release, but Abrams' name was redacted from the initial release by Batavia PD, so we couldn't find the prior publication.)

Abrams was originally charged with three counts of attempted assault in the first degree, along with the reckless endangerment charge, obstructing governmental administration, 2nd, and harassment, 2nd.

UPDATE: At 5:46 p.m., Aug. 29, Batavia PD responded to a disturbance at Burger King at 230 West Main St., Batavia, where a person was reportedly struck by a vehicle. Abrams reportedly fled the scene and was apprehended on West Main Street.

His plea satisfies all six charges along with any pending traffic tickets.

As for the Oct. 30 incident, Deputy Andrew Hale handled the case and Hale said today that the arrest was the culmination of about a week of deputies dealing with Abrams.

He said there was an incident at a gas station on the reservation where Abrams allegedly got into a fight with a patron and the owner of the gas station asked Hale to arrest Abrams, whom he said was previously barred from the property, for trespass.

There was another incident, Hale said, where Abrams allegedly hit an employee at a smoke shop. The State Police handled that incident.

Hale sought an arrest warrant for Abrams and received it Oct. 30.

That day, there was a traffic accident on Route 77 and traffic was redirected down Meadville Road. According to Hale, Abrams and his friends, whom Hale said had all been drinking, decided to set up a roadblock and charge a toll for motorists coming onto the reservation. 

Troopers responded and Abrams and his friends challenged the troopers to a fight. Hale was notified and he responded because he had the warrant for Abrams.

Upon his arrival, Abrams was positioned behind cars, near a house and a tree line.

According to Hale, Abrams yelled, "You want to play with guns. I'll play with guns."

He also threatened to shoot Hale and Deputy Lonnie Nati.

He then started to reach into a vehicle and Hale said he warned Abrams not to reach for a gun. At that point, Abrams went into the residence and Hale and Nati circled around to the back of the house. When Abrams came out, there was a brief confrontation and then Hale and Nati managed to take Abrams into custody.

No weapons were recovered at the scene, but the house was not searched because the deputies did not have a search warrant for the residence.

December 12, 2017 - 8:46am
posted by Billie Owens in fire, Alabama, news, notify.

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UPDATED 12:40 p.m.

A candle may have sparked a structure fire at 2210 Judge Road shortly after 8 a.m. that caused smoke inhalation and burns for one resident of the apartment building.

Alabama Chief Gary Patnode said the cause is under investigation but the resident mentioned a candle before being transported to ECMC by Mercy EMS for treatment.

A dog in an upstairs apartment succumbed to the smoke and two cats were rescued, including one that required emergency medical assistance from volunteer personnel at the scene.

The apartment complex is a former store that contains four units, but only two were occupied.

When Alabama fire was first dispatched, there was an upstairs resident who was unaccounted for and firefighters immediately searched the upstairs unit. The man is a former Alabama volunteer and his wife is a current volunteer. After some phone calls, Patnode said, the man was located at another location and was safe.

Another person was evaluated at the scene by Mercy personnel.

A quick response helped get the fire knocked down quickly, Patnode said, but he credited the resident, primarily, for closing the door behind her when left the structure.

"The homeowner did the right thing," Patnode said. "She closed the door upon exiting the apartment, which primarily kept (the fire) confined to their apartment. The fire was oxygen deprived upon our going in there. Pretty much, it burned itself out."

---------------

Initial reports below:

A house fire is reported at 2180 2210 Judge Road, Alabama. Alabama Fire Department is responding along with mutual aid from Pembroke, Oakfield, East Pembroke, Elba, Darien, Shelby and the city's Fast Team. No people are entrapped, but there may be animals inside. The third platoon is requested to stand by in city fire headquarters.

UPDATE 8:48 a.m.: Two people have minor burns on their hands. One is at the house next door and the other is at the church on the corner. Mercy medics are responding. Law enforcement is responding. Traffic will be shut down by fire police at Route 63 and Gorton Road, and Route 63 and Macomber Road.

UPDATE 9:02 a.m.: Code enforcement and National Grid requested to the scene.

UPDATE 9:05 a.m.: Indian Falls was also called and now Akron is asked to stand by in the Indian Falls' station. 

UPDATE 9:14 a.m.: Alabama command reports the fire is under control.

UPDATE 9:17 a.m.: Any tanker called but not yet deployed is returned to service. A fill-in from Town of Batavia is requested to Oakfield Fire Hall.

UPDATE 9:18 a.m.: Corfu is called to stand by in its own quarters.

UPDATE 9:26 a.m.: Fire is out; doing overhaul and ventilating.

UPDATE 9:33 a.m.: One person was transported to ECMC with minor burns and suffering from smoke inhalation. Another person is being evaluated by medics at the scene.

UPDATE 9:38 a.m.: The pet dog died in the fire and was just removed by firefighters. Responders are trying to resuscitate one pet cat and another one made it out safely.

UPDATE 9:48 a.m.: The ailing cat was successfully resuscitated and is fine now.

UPDATE 10:13 a.m.: Town of Batavia fire and Sheldon fire requested to return to scene. 

UPDATE 10:14 a.m.: Elba requested to stand by in quarters.

UPDATE 12:45 p.m.: Crews are picking up.

December 11, 2017 - 10:28am
posted by Howard B. Owens in crime, news, batavia, notify, byron, pembroke, Bethany, Alabama.

James J. Spivey, 19, of Oak Street, Batavia, is charged with robbery, 2nd. Spivey is accused of forcefully taking property from another person at 2:25 p.m., Oct. 25, while on Park Avenue, Batavia. He was jailed without bail.

William G. Schultz, 43, of Evans Street, Batavia, is charged with criminal possession of stolen property, 5th. Schultz was allegedly found in possession of stolen property -- the property is not specified -- while at 1 W. Main St., Batavia. The original incident was reported at 11:46 p.m. Oct. 6 at a residence on Union Street, Batavia. Schultz was jailed on $2,500 bail.

Cameron Robert Lochren, 23, of Broadway Road, Darien, is charged while driving while ability impaired by drugs, driving without headlines, and driver's view obstructed. Lochren was stopped at 12:58 a.m. Friday on Railroad Street, Alexander, by Deputy Patrick Reeves. Lochren was jailed on $1,250 bail or $2,500 bond.

Robert David Cummings III, 31, of Akron Road, Pembroke, is charged with criminal mischief, 4th. Cummings is accused of damaging the property of another person at 3 p.m. Friday at a location on Phelps Road, Pembroke. 

Amie Lin Santiago, 31, of Hindsburg Road, Albion, is charged with unlawful possession of marijuana. Santiago was stopped for an alleged traffic violation at 1:47 a.m. Saturday on Roberts Road, Alabama, by Deputy Jeremy McClellan.

Alex A. Applegate, 21, of Upper Holley Road, Holley, is charged with DWI and moving from lane unsafely. Applegate was charged following an investigation into a motor-vehicle accident Saturday on Route 237 in Byron. The accident was investigated by Deputy Travis DeMuth.

Gerald Jacob Farrell, 24, of Nunda-Byersville Road, Nunda, is charged with DWI, driving with a BAC of .08 or more, and failure to keep right. Farrell was stopped at 12:28 a.m. Sunday on Ellicott Street Road, Bethany, by Deputy Jeremy McClellan. 

December 10, 2017 - 11:03am
posted by Howard B. Owens in Tonawanda Management Wildlife Area, Alabama, news, notify.

UPDATED 12:37 p.m.

A hunter in the Tonawanda Management Wildlife Area called for assistance this morning after finding himself waist deep in water, tired and unsure what direction to go.

Alabama fire and Sheriff's deputies responded about 10:30 a.m. and were able to locate the hunter within 45 minutes and help him out of the swamp.

Scene commander Bill Schutt said the hunter was evaluated at the scene by Mercy EMS personnel and refused further treatment.

"He was just wet and tired," Schutt said.

Schutt said the hunter had entered his hunting area off of Owen Road, which crosses with Meadville Road, and shot a deer and was tracking it when he found himself in water too deep to wade through. He decided that he would be better off changing direction than going back the direction he came, but a short time later, called 9-1-1 for assistance.

Dispatchers stayed on the line with him throughout the search.

One deputy, with two other hunters, who knew the lost hunter, went down Owen Road and another deputy drove his vehicle down a trail off of Meadville Road. That deputy was able to locate the hunter, entered the water to assist the hunter. The hunter and the deputy walked back to the deputy's patrol vehicle.

The deputies assisting were Kevin McCarthy and Corey Mower.

Also assisting at the scene were Shelby Fire and Wolcottville Fire along with Mercy EMS and Mercy Flight, which assisted with an aerial search.

Original post below:

Alabama fire is in the Meadville Road area along with Sheriff's deputies searching for a hunter who is lost, waist deep in water and having difficulty breathing.

Other hunters in the area are assisting in the search and Mercy Flight is in route to assist.

A least one searcher is within 180 yards of the hunter.

He is on the phone with dispatchers.

A deputy is honking his horn and the hunter can apparently hear him.

UPDATE 11:06 a.m.: It appears the hunter has been located.

UPDATE 11:12 a.m.: It sounds like a deputy is with the hunter. He said he will be bringing him out to the road.

UPDATE(S) (By Billie) 11:21 a.m.: The patient is with EMS personnel now. Those who responded to help locate the hunter are told they can pack up.

UPDATE 11:43 a.m.: All Alabama units are back in service.

December 9, 2017 - 5:12pm
posted by Howard B. Owens in accident, news, elba, notify.

elbadoublefataldec92017.jpg

STORY UPDATED AT 5:32 p.m.

A semi-truck hauling potatoes and a passenger vehicle collided at about 1:15 p.m. today at the intersection of Lockport Road and Route 98 in Elba and as a result of the accident two people died.

The victims are Franca C. Monachino, 45, of Hilton, and Jerry E. Tuttle, 29, of Kingley, Pa.

State Police investigators believe Monachnio was driving a 2013 Honda Civic westbound on Lockport Road and failed to yield at the intersection of Route 98. Tuttle, in a 2004 Peterbilt hauling potatoes, was northbound.  

Both vehicles went off the west shoulder of Route 98 and became entangled in high-voltage electrical lines. Firefighters were unable to check on the victims until National Grid arrived on the scene, about 30 minutes after the accident, and shut off power to the lines.

The operators were deceased at the scene and there were no other victims.

Troopers were assisted by Elba fire, Mercy EMS, Sheriff's Office, National Grid, Genesee County coroner, NYSP Commercial Enforcement Unit, NYSP Collision Reconstruction Unit and the Bureau of Criminal Investigation.

The investigation is continuing.

elbadoublefataldec92017-2.jpg

December 8, 2017 - 4:02pm
posted by Billie Owens in news, notify, Grand Jury, batavia, Alabama.

Isaac D. Abrams is indicted for the crime of making a terrorist threat, a Class D felony. It is alleged that on Sept. 30 in the Town of Alabama that he acted with "intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, kidnapping, threatened to commit or caused to be committed specified offenses": assault on a police officer, assault in the first degree, and/or murder in the second degree, and thereby caused a reasonable expectation or fear of the imminent commission of such offenses. Abrams allegedly threatened several NYS troopers and Genesee County Sheriff's deputies with deadly violence by means of a firearm. In count two, the defendant is accused of resisting arrest, a Class A misdemeanor. In count three, Abrams is accused of trespass, a violation, for entering or remaining unlawfully in The Rez Smoke Shop and Gas Mart on Bloomingdale Road.

Tony R. Graber is indicted on four counts of falsifying business records in the first degree, each a Class E felony. It is alleged that Graber, with intent to defraud, made or caused false entries in the business records of an enterprise in the Town of Batavia -- Pawn King -- regarding the ownership of items on four different dates in 2016: on March 23, a Husky Wrench Set; on March 25, a Husky Model 20-piece Combination Wrench Set; on March 29, Milwaukee Drill Bits/Blades; and on April 2, a Craftsman Tap and Die Set. In addition, Graber is indicted on four counts of criminal possession of stolen property in the fifth degree, Class A misdemeanors. On the misdemeanors, Graber is said to have allegedly knowlingly possessed stolen property (the items cited previously) with intent to benefit himself or a person other than the owner or to impede recovery of the items by the owner.

Destin D. Rouse is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 10 in the Town of Batavia that Rouse stole property having a value in excess of $3,000. He is accused of stealing $4,209.76 worth of merchandise from Walmart.

Timothy M. Weinstein is indicted for the crime of aggravated family offense, a Class E felony. It is alleged that on April 7 in the City of Batavia that the defendant commited or attempted to commit second-degree criminal contempt against a person of the same family or household as the defendant: By being in the presence of the victim in violation of an order of protection. In counts two and three, he is accused of the same crime twice on April 29. In counts four and five, Weinstein is accused of the same crime on May 1 and May 2, respectively. In Special Information filed by the District Attorney, Weinstein is accused of having been convicted of third-degree assault, a Class A misdemeanor, on March 23 and this was against a member of the same family or household as the defendant and this was within five years previous to the crimes alleged in the indictment.

December 7, 2017 - 9:22am
posted by Howard B. Owens in crime, news, batavia, notify.

Zoe A. McClure, 48, of Bank Street, Batavia, is charged with identity theft, 2nd. McClure is accused of opening a credit card account in the name of another person and using that card to charge more than $500. McClure was arraigned in City Court and released under supervision of Genesee Justice.

William Gordon Schultz Sr., 43, no permanent address, is charged with petit larceny. Schultz is accused of shoplifting from Walmart at 3:20 a.m. Wednesday. He was jailed on $250 bail, $2,000 bond. Schultz was also arrested on a warrant for an unspecified violation of a family court act. He was jailed on $250 bail, $2,000 bond on this charge.

Samuel R. Thompson, 62, of York Street, Rochester, is charged with criminal mischief, 4th. Thompson is accused of writing on the outside of the building of Kwik Fill, 99 Jackson St., Batavia, at 3:38 p.m., Dec. 1, in permanent marker. He was jailed on $1,500 bond.

Christopher J. Campbell, 39, of Batavia, is charged with false personation. Campbell was arrested by State Police in relation to an incident reported at 5:15 p.m., Tuesday. No further details released.

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