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Man accused of taking Bergen girl from her home faces new charges

By Howard B. Owens
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    Torres-Acevedo

New charges have been filed against a 22-year-old Batavia resident who is accused of taking an underage girl away from her home in Bergen on Nov. 29 and driving her to Pennsylvania.

Guillermo Jose Torres-Acevedo has been charged with custodial interference in the first degree, criminal contempt, 2nd, and endangering the welfare of a child.

The Nov. 29 incident prompted an amber alert for the girl. She was later located, allegedly with Torres-Acevedo at a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Torres-Acevedo was taken into custody by authorities in Pennsylvania without incident and the girl was returned to her parents.

The girl and Torres-Acevedo knew each other and Torres-Acevedo had already been arrested in connection with his relationship with the girl and issued a stay-away order, which he allegedly violated, leading to a criminal contempt charge.

He's also been charged with grand larceny, 3rd, and unauthorized use of a motor vehicle for allegedly stealing the Dodge Journey he is accused of using to transport the girl.

Torres-Acevedo remains in jail without bail.

Batavia's results from Giant Slalom Race at Swain Resort

By Howard B. Owens

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Photos and article from BHS Coach Matt Holeman:

It was a cold, blustery snow globe kind of night for a ski race at Swain Resort for a two-run Giant Slalom Race. 

The Batavia Girls Team took fourth place with the top finishers of Lily Whiting (18th), Aubrey Towner (20th) and Tessa Cerefin (23rd) overall. Aubrey improved by almost 4 seconds on her second run that moved her up three places in the second-run standings.

Zach Wagner took 19th place overall for the boys, improving on his second run by a second moving him up six places in the second-run standings.

The Modified Team took fifth place with Ethan Bradley, Lily Wagner and Ben Stone as the top finishers.

The next race is a double race (both Slalom and Giant Slalom) on Saturday, Jan. 12, also at Swain.

Top photo, Zach Wagner; bottom, Lily Whiting.

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Graham forming new subsidiary in India

By Howard B. Owens

Press release:

Graham Corporation (NYSE: GHM), a global business that designs, manufactures and sells critical equipment for the oil refining, petrochemical, power and defense industries, today announced that it has established Graham India Private Limited (“GIPL”) as a wholly owned subsidiary. GIPL, based in the northwest region of India, in Ahmedabad, has been initiated as a sales and market development office with an Indian national as sales director and business development leader.

Graham’s establishment of this new entity was driven by several strategic and macroeconomic factors. Asia is a key region for investment in new crude oil refining and petrochemical capacity, with India being an important market for such investments. The Company anticipates that stronger and more consistent consultative customer support will lead to expanded bidding participation in the region. Further, having a local presence is expected to enhance Graham’s development of India fabrication partners who can assist the Company in addressing government policy and preference for fabrication in India. Finally, Graham believes that having a local entity demonstrates its enduring commitment to the Indian refining, petrochemical and fertilizer markets.

James R. Lines, Graham’s president and chief executive officer, commented, “India continues to experience strong economic growth, projecting ongoing GDP growth surpassing 6 percent annually. We expect this growth will drive capital investment in new refining, petrochemical and fertilizer capacity, all of which are important end markets for Graham. Over time, we plan to build out GIPL’s organization structure with additional sales and engineering support staff, along with fabrication and quality control specialists. We believe that our local presence will increase bidding participation and, ultimately, increase market share within our targeted end markets.”

Hit-and-run reported involving rental truck

By Howard B. Owens

A hit-and-run accident is reported on Lewiston Road.

The suspect vehicle is a white Ryder box truck. Unknown direction of travel.

The victim is now at West Main and Woodrow Road.

A deputy is responding from Bethany.

Lily Hamill of Batavia named to President's List at SUNY Potsdam

By Billie Owens

Lily Hamill, of Batavia, NY was recently named to the President's List at The State University of New York at Potsdam.

Hamill, whose major is Literature/Writing, was among 945 SUNY Potsdam students who were honored for academic excellence in the Fall 2018 semester. College President Dr. Kristin G. Esterberg recognized the students for earning top marks.

To achieve the honor of being on the President's List, each student must have satisfactorily completed 12 numerically-graded semester hours, with a grade-point average of 3.5 or higher.

About SUNY Potsdam:

Founded in 1816, The State University of New York at Potsdam is one of America's first 50 colleges -- and the oldest institution within SUNY. Now in its third century, SUNY Potsdam is distinguished by a legacy of pioneering programs and educational excellence. The College currently enrolls approximately 3,600 undergraduate and graduate students. Home to the world-renowned Crane School of Music, SUNY Potsdam is known for its challenging liberal arts and sciences core, distinction in teacher training and culture of creativity. To learn more, visit http://www.potsdam.edu.

Batavia man accused of starving, neglecting puppy was in court Tuesday

By Billie Owens

Suspected puppy abuser Brandon Joseph Welch was in Batavia City Court Tuesday afternoon for discovery and pretrial motions in his case.

The 23-year-old, who lived at an apartment on East Main Street in the city at the time of his arrest Oct. 18 (above photo), is charged with falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog -- all misdemeanors.

He was also charged with making a terroristic threat, a Class D felony, for allegedly threatening to shoot the next police officer who showed up at his home. The status of that charge is unclear because of difficulties the prosecution has had with getting two witnesses, who live out of the area, to travel to Batavia to testify.

That was why bail for the felony was moot at Welch's last court appearance Oct. 25 when City Court Judge Robert Balbick set Welch's bail at $5,000 cash or $10,000 bond solely on the misdemeanors.

At some point, Welch got out on bail; he sat with a buddy at the back of the gallery Tuesday until his case was called after 2:30 p.m. He stood with his private counsel Frank Ciardi before Judge Balbick; Welch was clad in a long-sleeved, medium-blue dress shirt and dark gray pants, his brown hair in a burr cut and beard neatly clipped.

Ciardi told the judge they would like the case "to come to a disposition" (rather than go to trial). 

First District Attorney Melissa Cianfrini said she is not sure of the terms or status of plea negotiations with District Attorney Lawrence Friedman and must confer with him about it.

"The sooner we can resolve this the better," Balbick said.

The next court appearance is set for 1:30 p.m. Tuesday, Jan. 29.

The emaciated 9.2-pound pit bull mix pup -- named "Opal" by the Volunteers for Animals at the shelter -- was found roadside by a Good Samaritan in Stafford on Oct. 4. Welch was arrested after a tip to police.

Opal was nursed back to health by vets and volunteers and subsequently adopted.

Three other animals in Welch's care were seized from his home -- a bearded dragon lizard and two other mixed-breed dogs.

Welch is not liable for vet and shelter bills for the animals because he forefeited ownership of them.

Previously:

City resident accused of threatening to shoot cops in case of starving, neglected pup

Suspected puppy abuser gets bail, forfeits pet ownership

Law and Order: Man charged with stealing about $6,000 in property from local business

By Billie Owens

Joshua J. Dibble, 36, no permanent address, (inset photo, right) is charged with criminal possession of stolen property and third-degree burglary. Dibble was arrested and arraigned in Batavia City Court on Jan. 3. He allegedly burglarized a local business and stole about $6,000 worth of property. Bail was set at $10,000 cash or bond. He is due back in city court on Jan. 31. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Ana M. Uribe, 25, of Willow Street, Batavia, (inset photo, left) is charged with three counts of falsely reporting an incident in the second degree, Class E felonies. Uribe was arrested on Jan. 2 following an investigation into an incident at Willow Group, 1 Elizabeth St., Batavia, which occurred at 9:53 a.m. on Nov. 30. On that date, the threat of an impending explosion was called into 9-1-1. Uribe was arraigned in Batavia City Court and is to reappear there Jan. 31. (No mention of bail status.) The case was handled by Batavia Police Officer Thad Mart, assisted by Officer Kevin DeFelice.

Patrick M. Viscuso, 54, of Vernon Avenue, Batavia, is charged with third-degree assault. He was arrested following an incident at 4:33 p.m. Dec. 18 on Evans Street in Batavia wherein he allegedly struck another person in the face, fracturing that person's jaw. He was due in city court on Jan. 8 to answer the charge. The case was handled by Batavia Police Officer Chad Richards.

Steven A. Barclay, 33, of Ellicott Street, Batavia, is charged with second-degree harassment. Barclay was located on Ellicott Street and arrested Jan. 7 following a domestic incident that occurred at 3:50 p.m. on Dec. 31 at an apartment on South Main Street in Batavia. Barclay was issued an appearance ticket and is due in Batavia City Court on Jan. 15. The case was handled by Batavia Police Officer Felicia DeGroot.

Carlton Beardsley, 24, of State Street, Batavia, and Salvatore Schwable, no age or address provided, are charged with petit larceny. At 1:17 p.m. on Dec. 31, the defendants were arrested after allegedly stealing two cans each of Four-Loko (an alcoholic beverage) from Sav-A-Lot. They were issued appearance tickets returnable to city court on Jan. 8 then released. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Lindsay Christopher.

Youths invited to submit logo design for planned Teen City, deadline is 4 p.m. Jan. 28

By Billie Owens

Press release:

The City of Batavia Youth Bureau and the Genesee County YMCA invites all 6th through 12thgrade students in the City of Batavia to submit a logo design that will be used with the opening of Teen City.

The contest guidelines are as follows:

  • Contestants must be enrolled as a 6th– 12thgrader who resides within the City of Batavia or attends Batavia City School District, St. Joseph Catholic School, Notre Dame High School or GVEP.
  • Poster should be no larger than 9”x12” and must leave the bottom 2 inches blank.
  • Artists should include Teen City in the logo design.
  • Artwork should be submitted in portrait (vertical) orientation.
  • Each submission should be the original student’s work.
  • Each entry must include the artist’s full name, address, phone number, grade, age and school on the back of the poster.
  • Designs can be in any medium, including computer-generated. They should be clear and concise, easy to read.

Entries must be received in person or by mail by 4 p.m. on Monday, Jan. 28. Submissions can be sent to the Batavia Youth Bureau, Attn: Teen City Logo Contest, 12 MacArthur Drive, Batavia, NY 14020.

The winning logo will be used for all signage of Teen City and on staff shirts. The winner will be recognized at the Teen City Kick-off Event in 2019.  For more information contact the Batavia Youth Bureau at 345-6420.

Photo: Ring-necked pheasant in the City

By Howard B. Owens

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Here's something you don't see every day: A ring-necked pheasant in the city.

Joanne Fleming spotted the bird by Pizza Hut yesterday afternoon.

Batavia teen pleads not guilty to assault and weapon possession

By Billie Owens

This story is based on audio provided at the courthouse by WBTA's Alex Feig.

Batavia High School student Antwan Odom appeared in Genesee County Court this morning for his arraignment on an indictment filed by the Grand Jury stemming from a summertime fight with his classmate and neighbor, Ray Leach. 

Odom's attorney Frank Housh waived a reading of the indictment and entered a plea of not guilty on behalf of his client on charges of attempted assault, 1st, a Class C felony, and criminal possession of a weapon, 4th, a Class A misdemeanor.

Odom, 18, allegedly cut Leach during an Aug. 4 altercation on Ross Street.

District Attorney Lawrence Friedman indicated the prosecution was ready for trial and motion hearings were scheduled.

Judge Charles Zambito continued bail at $15,000 cash / $30,000 bond without objection.

A temporary order of protection barring Odom from contact with Leach was also continued, however the defense contested that the order should be altered as he claimed it was being used by Batavia High School to prevent Odom from attending.

Housh claims his client’s education is suffering due to practices of BHS and the Batavia City School District, which has in essence expelled Odom, who he says is "falling far behind" in his studies despite being assigned a tutor and attending BOCES.

"He's not getting a good education," Housh said. "And this is happening only because the (school) district has made the determination to protect Ray Leach and punish my client."

Speaking with reporters after today's court proceedings, the defense attorney said he received a letter on behalf of his client from the district explaining that because of the serious nature of the charges, Odom could no longer attend BHS. Leach continues his studies at the high school unabated.

A reply letter pointed out that certain hearings, such as a superintendent's hearing, have to be held before an expulsion can be ordered, with Housh citing #3214 of the NYS Education Law.

Subsequently, Housh received another letter from the school district's attorney, which changed the justification of Odom's ouster to the fact that an order of protection is in place.

"It is extraordinarily rare for a school district to say because there is a stay away order, you can no longer be educated, you have to be expelled," Housh said, noting that he has practiced law 25 years and handled lots of students' cases in many districts.

"What almost always happens is the court makes a determination that the two of them have to stay away from each other at school, so both of them (can get) an education. ... They don't take one student and deny them an education."

The fact that a tutor has been assigned to Odom and he can attend BOCES is not the same as being able to attend the school he has gone to for the last three years; there's no parity, according to Housh.

Judge Zambito said he would consider Housh's argument if it is put in writing, which Housh will do when he files motions in the case. The next court appearance for Odom is sometime in March.

Dodge Ram truck stolen from business over the weekend recovered

By Billie Owens

Submitted photo and press release:

The Batavia Police Department announced today it has recovered the white 1998 Dodge RAM 2500 diesel (NYREG 65962JX). The vehicle was located at the old sand wash on Cedar Street and has been returned to the business.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at here.

For previous coverage, click here.

Batavia PD investigating several burglaries of businesses over the weekend

By Billie Owens

(Above: suspects involved in the weekend burglaries.)

Submitted photos and press release from the Batavia Police Department:

The Batavia Police Department is investigating several burglaries which occurred at different local businesses over the weekend.

The areas where the burglaries took place are Ellicott Street and Jackson Street, Harvester Avenue, Swan Street, Center Street, Apollo Drive and Liberty Street.

The suspects broke windows or kicked in doors to gain entry. Items were taken at some of the businesses but not all. The suspects stole a white 1998 Dodge RAM 2500 diesel (NYREG 65962JX) from one of the businesses and may be operating the vehicle.

Attached are photos of the suspects from one local business and the actual stolen vehicle. It is recommended that business owners remove all cash/valuables prior to closing.

The Batavia Police Department is requesting business owners and citizens to look out for suspicious persons. Please notify the police department IMMEDIATELY if suspicious activities are observed so investigative actions can be taken. 

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

No other information will be released on the burglaries at this time due to the ongoing investigations.

(Below: Ellicott and Liberty streets - south.)

(Bottom: Ellicott and Liberty streets - east.)

Law and Order: Elba man charged with first-degree sexual abuse of child under 13

By Billie Owens

Mark Daniel Tooley, 35, of Oak Orchard Road, Elba, (inset photo, above) is charged with: first-degree sexual abuse; acting in a manner injurious to a child less than 17; and first-degree criminal sex act. On Jan. 4, Tooley was arrested on a sealed Grand Jury indictment for allegedly having sexual contact with a victim under the age of 13 on Main Road in Stafford at 5 p.m. on Dec. 24. He was arraigned by Judge Charles Zambito and put in jail with bail set at $10,000 cash or $20,000 bond. He is to reappear in Genesee County Court at a later date. The investigation was handled by Youth Officer Tim Wescott and Youth Officer Howard Carlson.

Nicholas G. Williams, 42, of 3810 W. Main Street Road, Lot 7, Batavia is charged with: felony burglary, 2nd, misdemeanor attempted petit larceny; and felony criminal contempt, 1st. A reported disturbance on Nov. 26 on Lake Street in the Village of Le Roy led to an investigation of Williams. It is alleged that Williams knowingly entered and/or unlawfully remained inside a residence on Lake Street in Le Roy with the intent of committing the crime of petit larceny. Williams is accused of attempting to steal a laptop computer from inside the residence when he was interrupted and fled the scene. Williams was charged with felony criminal contempt in the first degree because it is alleged that a protected person, whom the court ordered him to have no contact with, lived at the residence. Williams was convicted of a prior criminal contempt within the preceding five years. Williams was located in the Genesee County Jail where he was confined due to an alleged parole violation. Williams was arrested on Dec. 12 for the Le Roy charges and arraigned in the Le Roy Town Court and jailed without bail due to multiple prior felony convictions.

Kevin Pietrzykowski, 63, of Stafford (inset photo, left), was arrested by troopers on Jan. 4 for directing a laser at an aircraft, 2nd, which is a misdemeanor. On Jan. 3, troopers responded to the Town of Bergen for a call received from Rochester Airport Air Traffic Control Office on behalf of the National Guard Air Wing for a military helicopter being directed by a laser during night training. According to a spokesman for Troop A in Batavia, the second time the laser was directed at the aircraft, the helicopter pilot put a spotlight on the area it originated from, which helped troopers patrolling the area to find the suspect. Multiple interviews resulted in the arrest of Pietrzykowski on Clinton Street Road, Stafford. Pietrykowski was issued an appearance ticket for the Town of Stafford Court in February.

Kevin James Compton, 57, of Clipnock Road, Bethany, is charged with: criminal possession of a weapon in the third degree; two counts of first-degree reckless endangerment; two counts of unlawful imprisonment; and two counts of second-degree menacing. Compton was arrested following a domestic incident which occurred at 12:30 p.m. on Jan. 5 on Clipnock Road. It is alleged that Compton threatened two people with a pistol. He was arraigned in Bethany Town Court on Jan. 6 and jailed in lieu of $20,000 cash or $40,000 bond. He is due back in court on Jan. 15. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Jeremy McClellan.

Ernest Dee Lane, 60, of Ellicott Street, Batavia, is charged with third-degree assault. Lane was arrested on Jan. 3 for an incident which occurred at 2:20 a.m. on Jan. 1 on Ellicott Street. He allegedly injured another person during a physical altercation. He is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Christopher Lindsay.

Cody J. Wenner, 28, of Oak Street, Batavia, is charged with endangering the welfare of a child and second-degree harassment. Wenner was arrested Jan. 3 for an incident which occurred at 12:57 a.m. on Jan. 1 on Walnut Street. Wenner allegedly pushed a juvenile to the ground during an altercation. He was released on his own recognizance following arraignment in Batavia City Court. He was due back in City Court on Jan. 4. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Felicia DeGroot.

Woman 'freaks out' after discovering her car's battery is dead

By Billie Owens

City police are responding to the area of 100-200 Washington Ave. for a woman a caller says "is freaking out because her car has a dead battery." The caller is no longer in the area. "Copy the freak-out," says an officer who will be responding.

UPDATE 12:44 p.m.: The officer tells a dispatcher "I have a female and two small children in my vehicle so they can stay warm until triple A gets here."

Woman smoking in Dodge Caravan with baby inside prompts call to dispatch

By Billie Owens

A caller complained to dispatch that a female was smoking a cigarette inside a black Dodge Caravan while an infant was in the vehicle. The vehicle, which is registered to an owner who lives in Clarence Center, was last seen near the Peking Buffet and left BJs Wholesale shopping plaza in an unknown direction of travel. Law enforcement is responding.

Multi-car collision at Jackson and Ellicott

By Billie Owens

A three-vehicle accident is reported at Ellicott and Jackson, near Angotti Beverages. One driver is injured. City police and fire are on scene and Mercy medics are responding. Two flatbeds will be needed for tows.

UPDATE 12:13 p.m.: Two additional patients are reported. Mercy medics are on scene. Reports that a pedestrian was struck proved false.

UPDATE 12:39 p.m.: An 85-year-old female patient is transported to UMMC for evaluation.

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