batavia

Defense attorney Brian Degnan admitted in court today that he was surprised to learn less than an hour before his client was scheduled to be sentenced on a burglary charge, that the client didn't understand one of Judge Robert Noonan's questions when he entered a guilty plea July 15.

The question, one asked of every defendant about to enter a guilty plea: "Have you consumed any drugs or alcohol today?"

Ricky L. Miller said he had not, but today, Miller told Degnan that he was actually on prescribed painkillers when he entered his guilty plea and didn't understand what he was doing.

Miller was an inmate in the Genesee County Jail on July 15 and any medication he received would have been administered by jail staff.

The drugs supposedly taken by Miller on July 15 where Neurontin and Tramadol.

Degnan asked for an adjournment of the scheduled sentencing to give him time to research the veracity of his client's claim and whether the allegedly prescribed painkillers could alter his judgment.

"We should not be adjourning a sentencing every time a defendant has a change of heart," said District Attorney Lawrence Friedman.

Friedman characterized Miller's new statements as "an incredible claim that he lied under oath about being on drugs."

Degnan tried to argue that perhaps his client didn't understand the question because he only has an eighth-grade education, but Noonan wasn't buying it.

When Noonan asked if Miller had taken the prescribed medications today, Miller said he had.

"So he has enough of an education to understand what I'm asking him while on drugs today, but not when he entered his guilty plea?" Noonan asked.

He ordered a short recess so Friedman could contact the jail and get information on what drugs Miller may have consumed the day he entered his guilty plea.

About 30 minutes later, Miller's case was recalled and Friedman informed Noonan that on July 15, Miller had not yet been prescribed Neurontin, and about two weeks before the hearing, Miller's dosage of Tramadol had been reduced.

"He was taking it for knee pain," Friedman said. "I'm told it's no more powerful than Motrin tablets and it's not a controlled substance."

Noonan denied Degnan's motion for an adjournment and proceeded with sentencing.

On one count of burglary, 2nd, Miller was given five years in prison, and on one count of possession of a forged instrument, Miller was given three and a half to seven years in prison, to be served concurrently.

"Sir, you have, for a 29-year-old man, you have a horrible record," Noonan said. "You don't seem to have any respect for anybody's else's property. It's important that you be removed from society for a long period of time."

Remember the wayward snake on State Street Road on Saturday? Through diligent investigative journalism, we acquired a picture of it.

The snake, believed to be a ball python, is holed up at a secret, undisclosed location (well, at least, I don't know where it is) awaiting possible recovery by its rightful owner.

The python is described as a little over 3-feet long.

The Batavia Area Jaycees' annual 5K race was Monday morning. Here are the results.

Overall Male: Collin MulCahly, 17: 17:26.

Overall Female: Melissa Domay, 36: 21:30.

AGE GROUP WINNERS:  

14 & UNDER - MALE:  
1. Campbell Anderson - 24:05 
2. Vincent DiRisio - 51:11  

14 & UNDER - FEMALE:  
1. Emma Eastridge - 26:57  

15-19 - MALE:  
1. Mitchel Ernst - 18:51  
2. Patrick Burns - 19:03  

15-19 - FEMALE:  
1. Samantha Wingate - 31:38  

20-29 - MALE:  
1. Michael Richenberg - 17:53 
2. Dave Bateman - 18:48  

20-29 - FEMALE:  
1. Christina Bak - 30:36  
2. Amy Swenson - 33:57  

30-39 - MALE:   
1. Paul Glor - 17:43  
2. Rich Boyce - 20:24  

30-39 - FEMALE:  
1. Jill Christinano - 23:57  
2. Nicole Boyce - 25:20  

40-49 - MALE:  
1.Kevin Sheehan - 18:43  
2. Jim Werven - 20:02  

40-49 - FEMALE:  
1. Lynn Auble - 21:51  
2. Carol Vanderberg - 23:56  

50-59 - MALE:  
1. David Oleary - 18:04  
2. Bill McMullen - 21:18  

50-59 - FEMALE:  
1. Janice Spiotta - 27:19  
2. Carrie Caccamise - 29:36  

60+ - MALE:  
1. Tom Dutton - 20:35  
2. Bruce Rychwalski - 25:04  

60+ - FEMALE:   
1. Mitzie Lewandewski - 28:29 
2. Debora Redding - 39:47

A 21-year-old Batavia man originally accused of rape with a possible sentence of 25 years in prison, received a seven-year sentence today on a reduced charge of sexual abuse.

Patrick J. Donahue, of 44 Williams St., Batavia, was arrested in January and accused of raping a 30-year-old woman at a residence on Walnut Street.

In July, Donahue accepted a plea reducing the charge to sexual abuse.

In court today, Judge Robert Noonan told Donahue his crime was "a slight grade below murder."

Once released, Donahue will spend 10 years on probation.

Reporting for this story provided by Geoff Redick, WBTA.

Press release:

The Batavia Police Department is investigating an incident of leaving the scene of an accident. It occurred during the early morning hours of Monday, Sept 5.

The accident was at 59 Jackson St., at the entrance to a parking lot on Jackson Street just north of Ellicott Street. A lamppost and a stop sign were struck during the incident. The lamppost was destroyed and a stop sign was broken off at the base.

Debris left at the scene indicates the vehicle involved is a blue in color Pontiac.

Persons with information regarding this incident are asked to contact the Batavia Police Dispatch at 585-345-6350 or the Batavia Police Confidential Tip Line at 585-345-6370. Persons may also report information via the Suspicious Activity Reporting link on the Batavia Police Department’s website.

UPDATE 7:52 a.m., Wednesday: The female driver has reportedly turned herself in. The investigation is continuing.

Alicia M. Lyons, 31, of 17 1/2 Central Ave., Batavia, is  charged with criminal mischief, 3rd. Lyons was allegedly observed scratching the paint of a vehicle parked off of Central Avenue. Lyons was taken into custody by Officer Marc Lawrence.

Timothy Garrick Fitzgerald, 45, of Windsor Drive, North Tonowanda, is charged with DWI, driving with a BAC of .18 or greater, failure to signal lane change and moving from lane unsafely. Fitzgerald was stopped at 9:53 p.m., Friday, in the area of 4016 W. Main St. Road, Batavia, by Deputy Joseph Graff.

Sarah White Gilmartin, 35, of Norwalk Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, dazzling headlights and no/insufficient tail lamps. Gilmartin was stopped at 2:10 a.m., Aug. 27, on Main Road, Pembroke, by Deputy James Diehl.

Russell R. Miles, 43, of 12 Lake St., Le Roy, is charged with criminal contempt. Miles was arrested following a report of a disturbance at 12 Lake St. Miles was allegedly involved in the disturbance with a person who was the subject of a stay-away court order. Miles was jailed on $1,000 bail.

Brett A. Simcick, 27, of Keeney Road, Le Roy, is charged with felony DWI. Simcick was stopped by Le Roy Police in the early morning hours Saturday for allegedly failing to stop for a stop sign on Hilltop Drive, Village of Le Roy. Simcick was jailed on $5,000 bail.

Matthew Alvin Johnson, 28, of Prestige Crossing Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and no plate lamps. Johnson was stopped at 1:46 a.m., Sunday, on Seven Springs Road, Batavia, by Deputy Patrick Reeves.

A possible structure fire is reported at 111 State St.

There is smoke in the residence, which is confirmed by a police officer who responded to the alarm.

City Fire Department on scene.

UPDATE 8:20 a.m.: Firefighter: "It looks like it's a piece of clothing on top of a lamp in the bedroom." Later, "The source has been removed to the outside."

UPDATE 8:30 a.m.: City fire back in service.

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A woman said she suffered a diabetic issue, causing her to rear end the car of a Batavia resident who had stopped for a red light on Lewiston Road at 8:03 p.m., Friday.Two

Two people suffered minor injuries in the accident and needed to be transported to UMMC for treatment, according to the Sheriff's Office report.

Cited for allegedly following too closely was Mary A. Acomb, 31, of Dewey Ave., Batavia.

Acomb's 2008 Chevy sedan struck a 2007 Toyota sedan driven by Frank J. D'Angelo, 53, of South Main Road, Batavia.

D'Angelo was stopped at the intersection of Lewiston and Park roads when his Toyota was struck. He was not injured, nor was Acomb.

Reportedly injured where Mona L. Adams, 33, and Diana L. Sheehan, 30.

The accident was investigated by Deputy Brad Mazur.

(initial report)

Marc Bzduch took his sons -- Dante, Devyn and Alexandre -- out for some early morning fishing at Dewitt Park. Bzduch said they arrived at the lake at 5:30 a.m., but it was raining, so they sat in his truck for about 45 minutes waiting for it to clear.

Fifteen volunteer firefighters from five companies in Genesee County are headed east this morning to assist in relief and recovery efforts in one of the hardest hit areas of the state from Hurricane Irene.

The volunteers gathered at the Emergency Servcies Training Center on State Street Road at 6:30 a.m. to be briefed on their mission by County Coordinator Tim Yaeger.

The group then headed to the Thruway to make it to Schoharie County by noon for a 72-hour deployment.

"They're in bad shape down there and now they've got more rain coming," said Yaeger, who was among the state's emergency coordinators dispatched to the region right after the storm hit.

The firefighters will be relieving other volunteers who have been working in the county since the storm hit last week.

"There's still places that are getting drops by Blackhawk helicopters of food and water because they're still isolated," Yaeger said.

Yaeger said it's amazing what these guys have signed up for with no pay. They will likely be sleeping on cots, living on pizza and pumping sewage out of basements during their 12-hour shifts.

They might also be called upon to deliver relief supplies to residents isolated by storm damage or just help with general clean up and recovery.

"And they're offended if I don't offer them a chance to go," Yaeger said. "These guys have been waiting for this for a week."

Darien Chief Dale Breitwieser couldn't make the deployment, but he was at the training center this morning to see off the three volunteers from his department.  He said it's events like this where you see that volunteers are a special breed of person.

"There will be volunteers there from all over the state and they'll all pull together," Breitwieser said.

Besides Darien, participating departments are Bergen, Town of Batavia and Stafford along with staff from Emergency Services.

Yaeger is not joining this group, though he may be deployed later today to Green County where a village of 700 people in the Town of Plattsville was wiped off the map. The town supervisor lost his house and his gas station and now he's trying to help his town through the devastation, Yaeger said.

The Albany Times Union has a photo slide show of the damage in Schoharie County.

The city fire department is being dispatched to UMMC to set up a landing zone for Mercy Flight.

Mercy Flight has a 15 minute ETA.

No further information available at this time.

If you're an artist, even if you get your degree in graphic arts, there aren't many opportunities to do what you love.

Especially in a small town.

Mark Fanara got his degree from SUNY Brockport, just a few years after he got his first tattoo.

It didn't take him long to figure that maybe body art was a way he could avoid being a penniless artist or getting tied down by a suit and a tie.

He made a career decision -- to open his own tattoo parlor in his hometown, Batavia.

The start of the 21st Century turned out to be a good time to open up a tattoo business. People like Dennis Rodman and Brian Setzer helped make tattoos into a mainstream symbol of individuality.

"There a lot of people who have tattoos that you would never know they have them," Fanara said.

From soccer moms to police sergeants, tattoos aren't just something only drunken sailors get in San Diego or Honolulu or bikers use to advertise their outlaw aspirations. They are no longer just dancing hula girls, red hearts dedicated to mom or anchors emblazoned with "USN." A good tattoo is a complex work of art.

There are whole magazines now devoted to covering the latest trends in skin art.

And Fanara and his staff can give anybody the kind of tattoo they want -- from a simple rose on the back of a shoulder, to a complex and detailed eagle with wings spanning a chest.

High Voltage Tattoo opened Ellicott Street in 2006 and about a year ago Fanara moved his shop to 110 West Main St., Batavia, giving him a high-profile location and a completely remodeled and modern parlor.

A week ago, The Batavian hung out at High Voltage while 36-year-old Fanara applied an ornate zombie face to the back of an arm of one of his apprentices, 18-year-old Ashli Hill, of York.

Hill, who does body piercing for High Voltage and is learning how to tattoo, said she's always loved art and was attracted to tattoos because her dad had them.

"I just remember my dad having this crappy looking panther and I just thought it was the coolest thing," Hill said.

The zombie face was a drawing Hill found online and decided it was a theme she would like to develop in her own body art.

"I love scary movies," Hill said. "I love zombie movies. I decided that's a theme I would like to build on."

She also said she likes tattoos on her arms because, "it makes me feel like Popeye."

Fanara said he gets all kinds of people coming through his door, from the accountant looking for just a little something only his friends on weekends will see, to hardcore tattoo addicts who are looking to add a new work of art to their bodies.

"The classics never go out of style," said Fanara. "The heart with 'mom' will never go out of style."

Of course, many of his clients are repeat customers.

"It's one of those things where once you get one (tattoo), you just want more," Fanara said.

"It's really a mainstream art now," he added. "It's a way to personalize your skin and it's a way to express your personality."

Safety

While we talked, Fanara brought out a surprising issue: Genesee County is one of the few county's in the state that doesn't regulate tattoo parlors. NYS has some regulations, but in most counties, the health department conducts monthly inspections of tattoo parlors, and Fanara thinks in the interest of public safety, Genesee County should do the same.

Fanara said he follows all of the safety and cleaning recommendations common in the industry, from sterilizing his autoclave to using disposable needles, but he believes the public should be assured that all tattoos are applied with the same safety standards.

One danger he warned against is the tattoo applied by the hobbyist at the kitchen table.

"They just know nothing about safety," he said.

Licensing and inspections might help reduce the number of tattoos that aren't applied in a safe environment.

"It would be a good idea," Fanara said. "It would make it safer for everyone. I don't want to pay another fee or pay for a license, but it would just make getting a tattoo safer."

There was a time when a child who was victimized would have to go through a gauntlet of police and medical exams while a case was built against the perpetrator.

And at the end of the process, the child and his or her family was left alone to figure out how to deal with trauma and its aftermath.

Then a group of leaders in the local criminal justice system got together and created Justice for Children and the Child Advocacy Center.

Today, when a child is sexually or physically abused, the child is no longer brought to an intimidating police station for an interview, then driven up to Strong Memorial Hospital for a physical and forensic exam, and then perhaps put through interviews with another investigator or two.

Rather, at the CAC on Bank Street, the child is welcomed into a kid-friendly environment where the investigators, medical examiners and other specialists are brought in to simplify the process for the child.

The CAC also provides ongoing counciling, support and even clothing and school supplies to families that need the assistance.

"I can't imagine going back to the way that it was before," District Attorney Lawrence Friedman said. "It's just a great place."

Friedman is also president this year of the Batavia Kiwanis Club. As a national organization, Kiwanis has a mission of engaging in charitable and civic work on behalf of children. The Batavia Kiwanis adopted the CAC as its long-term project.

The first order of business is to raise $150,000 to buy a new building to house the CAC. The club's goal is to raise $100,000 itself and is asking other Kiwanis clubs to contribute a combined $50,000.

"It's hard for me to imagine a more worthwhile long-term project for our club," Friedman said. 

Currently, the CAC pays $1,300 a month in rent -- down from $1,500 when the landlord provided lawn care that is now performed by volunteers -- mostly Kiwanis members. 

Friedman said that $1,300 a month that could be used to benefit children directly, and it's also a big expense in an age when state and federal grants are being reduced.

According to Genesee Justice Director Tiffany Szymanek, the CAC receives money from three primary grants -- National Children's Alliance, NYS Office of Child and Family Services and NYS Office of Victims' Services.

A new formula for state grants has more funds going to CACs in larger cities and cuts to smaller cities, Szymanek said.

Cuts have forced CAC to reduce staffing from two full-time employees to one and a half, with the hours of Grace Flannery, a child advocate (pictured) having her hours cut in half.

Flannery's job is to help guide a child and family through the process, from the day the child first walks into the toy filled waiting room through the criminal investigation, the court proceedings and any counseling.

The waiting room, Flannery said, "at least makes them feel a little more comfortable."

It's a symbol of what the CAC tries to accomplish -- avoid victimizing children again by putting through the trauma of reliving their experiences in sterile, adult environments.

"If they are escorted from service to service, they are just re-victimized and re-victimized," Szymanek said.

In a tour, Flannery showed off the CAC's child-friendly exam rooms, the clothes closet, the school supplies stacked in the employee break room and a boardroom filling up quickly with donations for an upcoming fundraiser. She said many times she thinks the community needs to know about the work the CAC does to help victimized children.

"The CAC is a marvelous resource that the community should know about," Flannery said. "Anything you can do to help get the word out, we really appreciate."

The Kiwanis Club is sponsoring a "Bidding on a Brighter Future" Gala and Auction at 6 p.m., Sept. 17 at Batavia Downs. Donations of items for the auction are still being accepted. Tickets for the gala are $40 per person or $75 per couple. Checks can be mailed to: Justice for Children GLOW Foundation, Inc., 108 Bank St., Batavia, NY 14020.

Disclosure: As of Thursday, Howard Owens is a member of the Batavia Kiwanis Club.

The Blue Devils erased a 14-0 fourth-quarter deficit only to see a shot at victory slip past them. With less than 30 second to go in the game, Bath's Matt Nevius connected with Dan Leonard on a 47-yard TD pass.

In the season opener, Batavia's John DiFante connected with Brett Scheurline on a 65-yard pass to put the Blue Devils on the board.

In their next offensive series, the Blue Devils converted on fourth down to keep the drive alive and then scored on another fourth-down play, a three-yard run by Alex Ianita. Batavia's conversion attempt was a run by Codee Gangarossa, who managed to just get the ball across the goal line to tie up the game.

On Bath's next drive, the Blue Devil's defense looked like it might have a chance to stop Bath, but Leonard managed to sneak past a defender. Once he secured the pass from Nevius, there was nothing between him and the goal line.

The Blue Devils are at home again, 7:30 p.m., Friday, against Bishop Timon-St. Jude HS.

In other Genesee County football action on Friday: Way-Co beat Le Roy 28-8; Notre Dame beat Attica 27-7; Pembroke beat Alexander 21-14.

NOTE: About the video -- I shot the first half with the same video camera I've used each of the past two seasons, but it wouldn't stay in focus for some reason.  At the half, I decided to switch to my DSLR and use its video function. I decided not to even bother processing the first-half video, so the video above is only from half-time on. Ironically, during one of the key plays of the game, the tripod slipped, causing the camera to lose focus, but I included it in the video anyway.

A Sheriff's Deputy bagged an unusual find late this morning -- a large black and green snake.

Seems a caller reported the slithering reptile sunning itself in the middle of State Street Road, by the Thruway, in the Town of Batavia.

"Once we have him in the bag, then what to we do with him?" the deputy wondered.

The status of the snake, described as roughly 4 inches in diameter and lengthy, at this point is unknown.

Touch base with the Sheriff's Office if your pet snake is missing.

UPDATE Sept. 7: A photo of the snake obtained after this initial report clearly shows the snake is black and gold -- not black and green.

Notre Dame scored 20 first-quarter points in route to a 27-14 victory over Attica in the opening week of high school football.

Quarterback Tim McCully tossed two TD passes to his brother Doane. Doane had four catches on the night for 90 yards. Doane also had a kick return for a touchdown.

Nick Conklin scored on a 10-yard run for the Fighting Irish in the first quarter and in the fourth quarter, Tim MCully connected with Nick Taylor on a 24-yard TD pass.

Photos submitted by Bare Antolos. His web site is bareantolos.com

The family of 86-year-old Thomas L. Dufford is concerned about his whereabouts.

Dufford was last seen leaving the residence of one of his daughters on Pratt Road at noon, Friday.

He has not been heard from since, according to another daughter, Bonnie Dufford.

Dufford drives a white Lincoln Continental

"We are worried," Bonnie said. "This is not like him and he needs his heart medication."

She's hoping a reader may have some information to share.

According to Sgt. Greg Walker, law enforcement agencies throughout the state have been notified to be on the look out for Dufford's car, a white Lincoln Continental, model year 1996, with New York registration EDW 3680.

Dufford resides in the northeast part of Town of Alexander.

Walker said the Sheriff's Office has no specific leads on where to look for him since nobody knows where he might have decided to go after leaving Pratt Road.

If you have information to share, call the Emergency Dispatch Center at (585) 343-5000.

UPDATE 1:01 a.m.: Thomas Dufford was been located. He is safe. Dufford was stopped by a Sheriff's unit in Ontario County. His family is in route to Ontario County now to pick up him. He had apparently become disoriented and lost, according to Walker.