batavia

Senior Andrew Hoy sunk three 3-pointers and scored 27 points for the evening to lead Batavia past Brighton in the Blue Devil's 2010 home opener 64-46.

Batavia is now 3-1 in the young season.

Head Coach Buddy Brasky said Hoy's performance was one of the keys to the Blue Devil's victory.

"Andrew played a great game," Brasky said. "I mean, he was doing it all. He was scoring, he was facilitating, getting other people involved, making passes on transition. He just played well, I thought, the entire game."

Brasky said the team improved its offensive decision making and team intensity on defense and that made a big difference.

The team committed only three fouls through the first three quarters of the game.

“I thought our whole team defense was pretty solid most of the game," Brasky said. "Until the end, we weren’t reaching, we were playing defense with our feet. I thought our defensive position was fairly good.”

The Blue Devils feature Hoy, who in his junior year became the team's all-time leading scorer, as well as sophomore Justin Washington, along with seniors Ryan Pyatt and Ryan Funke. They were all part of a team that contended for a state championship last year.

Brasky thinks this year's squad, if it works hard, can win some big games.

"We need to keep getting better and better," Brasky said. "We're back up in Class A, so we need to keep improving. I think by the end of the year, we can contend for the sectional title, without a doubt, but we have to keep getting better and better."

The Blue Devil's next home game is Dec. 22 against Charlotte. The team will also compete in the annual Batavia Lions Club Tournament at Genesee Community College on Dec. 30.

More pictures after the jump. To purchase pictures from this game, click here.

James Vincent Kwiatek, 19, of Allegheny Road, Darien, is charged with criminal mischief, 4th, and menacing, 2nd. Kwiatek is accused of getting out of a vehicle, walking up to another occupied vehicle and using a knife to slash its tires.

Alexis Ashley Figuereo, 23, of East Main Street, Batavia, is charged with petit larceny. Figuereo is accused of stealing an Xbox 360 and a BIC lighter while employed at Kmart.

Philip Niccloy, 23, of Summit Street, Le Roy, is charged with reckless endangerment, 2nd, criminal mischief, 2nd. Niccloy was arrested by Brockport PD and accused of firing an arrow through a window of a house that lodged into a living room wall. There were children home at the time, although nobody was injured. (Source: D&C)

Calling it a "terrible, terrible crime against little girls," Genesee County Court Judge Robert C. Noonan today sentenced one-time community fundraiser Gary Draper to two four-year consecutive state prison terms for sexually abusing three Batavia girls.

Draper previously pled guilty to two counts of sexual abuse in the first degree after being charged in July with three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

The crimes were committed between August 2008 and May 2009.

The mother of one of the victims spoke in court about how Draper took advantage of his friendship with the girls and how her daughter is now afraid of men.

"She lost all her trust and doesn’t understand why this happened to her," the mother said. "I want to let her know how brave she is to come forward for herself and her friends. She needs some closure. She needs to know that justice will be served for her."

Draper made a short statement saying, "I'd like to to say I didn’t intent that to happen and I don’t know why it happened and I can assure you it won't happen again. I'm very sorry."

Noonan said he didn't believe it wouldn't happen again.

"One thing that comes across loud and clear is that Mr. Draper does not understand the seriousness of the crimes he’s committed," Noonan said. "If anything, it punctuates it more strongly for him to stand here before me today and say he didn't mean this to happen. There is no other interpretation of the conduct of Mr. Draper than he intend it to happen for his own sexual gratification. And for that, the world deserves protection."

District Attorney Lawrence Friedman asked for the maximum sentence, two consecutive seven-year terms.

Public defender Jerry Ader took issue with a Probation Department report that declined to support a probation-based sentence because Draper wouldn't submit to a full interview with probation officers. Ader said Draper gave a full interview to a qualified sexual behavior specialist and that Ader told Draper not to talk with probation, which probation acknowledged in its own report.

Ader asked for Draper to be released on probation, in part because of Draper's previous community work and his lack of any prior criminal record.

"He deserves a community sentence and I think he can succeed on a community sentence," Ader said.

Draper was known far and wide for his efforts to raise money for the American Diabetes Association, riding a three-wheel bike all over Genesee County and beyond to collect donations.

Over about a 15-year period, Draper raised more than $100,000 for ADA.

On Thanksgiving 2009, Draper's bike was struck by a hit-and-run driver on Center Street, and Draper suffered serious head and hip injuries. His bike was destroyed in the accident and later replaced by a group of local business leaders.

With eight years in prison and 10 years of supervised release after his terms, Noonan said that perhaps the 57-year-old Draper will be at an age that he's no longer a threat to the community.

Batavia was hit with a good bit of snow from about 6 to 8 p.m. Above, St. Mary's Roman Catholic Church on Ellicott Street, Batavia, during the storm.

The lake effect storm warning remains in effect until 6 a.m., but the radar map shows the heaviest bands hovering to the west of Genesee County.

The hourly forecast for Thursday has partial clearing around noon, but then more snow in the mid-afternoon.

Instructor Jen Reardon shows of an example of a type of Christmas tree ornament members of a crafts class at Richmond Memorial Library were making Tuesday evening. It's part of an ongoing series at the library and was open to about a dozen people who signed up (first come, first served). The cost was $6 for materials.

Below, Bonnie Raduns and Erin Martin work on their ornaments.

Valene M. Blackwell, 27, of 27 Tracy Ave., Batavia, is charged with criminal possession of property, 5th. Blackwell was accused following an investigation by Det. Pat Corona into reports of items stolen from parked cars in the city.

Natalie N. Pitt, 25, of 50 Water St., Attica, is charged with endangering the welfare of a child and criminal contempt. Pitt was arrested following an investigation by Det. Rich Schauf in connection with an alleged incident on Dec. 3. No further details released.

Patrick R. McFadden, 26, of 12 Montclair Ave., Batavia, is charged with harassment, 2nd. McFadden is accused of pushing another person several times. He was also arrested on a bench warrant related to an aggravated unlicensed operation, 3rd, charge. He was jailed on $500 bail.

Brennan S. Larnder, 19, of 5 Montclair Ave., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Larnder is accused of pushing another family member under age 17 during a domestic incident.

Richard C. Greene, 28, of Wyoming, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Greene was arrested by State Police at 2:30 p.m., Monday, at 13 S. Main St., Batavia. Greene was held without bail. No further details released.

Once again on Monday evening, Batavia City Council members debated the future of the Falleti Ice Arena -- whether to sell it, or not; whether it makes money, or not; whether it's a vital service to the community, or not.

Councilman Tim Buckley indicated he's had enough.

The city is facing some big and tough budget decisions in the near future, and the council has a lot on its plate. Enough, he said, of debating Falleti Ice Arena.

“I don’t want to make this out as not an important issue, but I want to move away from this issue," Buckley said. "I want to get this thing done. I think as a council we have to realize we’ve got our hands full."

Buckley's suggestion: Have City Manager Jason Molino sit down with Firland, the management company currently running the ice arena, and see what kind of new lease terms can be arranged and bring that proposal back to the council.

After Buckley's opening statement, Councilman Bob Bialkowski said he's been doing the math, and he believes, all things considered, the city is losing thousands of dollars a year on the ice arena.

Bialkowski said he figures the city has expenses related to the ice arena in the range of $53,000, but only gets back in the neighborhood of $40,000. 

City Manager Jason Molino said there are other variables involved, and some of the expenses wouldn't go away if the arena is sold -- such as debt service.

Councilman Bill Cox said he doesn't believe there is any way the city benefits financially from ownership of the arena.

"What’s in it for the taxpayers?" Cox said. "I don’t think anybody on this council, at least not in my hearing, thinks that we’re against the ice arena that we want it to close. ... I don’t want it to close -- I think it’s a great asset to the city. But it should be privatized.

"We’re talking about privatizing it, not closing it. When you privatize it, guess what, you lose control. Do you have any control over the guy who buys your house, what color he paints it after you leave? Of course not."

Councilman Frank Ferrando said while he was once in favor of selling the arena, he's gotten so much feedback from constituents that the city should keep it, that's who he is going to listen to.

"The vast majority of people in this community like the ice rink the way it is, with the city owning it, leasing to Firland," Ferrando said. "I don’t even know what the advantage would be to the taxpayer in the long run if we sold it."

With Cox, Bialkowski, Rosemary Christian and Sam Barone voting no, the council referred the matter to City Manager Jason Molino to see what can be worked out with Firland.

Near the end of the discussion, Cox suggested that WBTA, The Batavian and the Batavia Daily News all run surveys to find out what local residents want done with the arena. After the meeting, we showed Cox the results of an Oct. 26 poll on The Batavian (a totally unscientific poll, we noted) that showed only 22 percent of the respondents supported selling the arena no matter what. Cox's response: "Wow."

City Council President Marianne Clattenberg got a little worked up at Monday night's council meeting during a discussion of a proposed local property-tax cap that some Albany politicians are pushing.

“Why do they need us?" Clattenberg said. "They’re going to tell us what we can charge for property tax and then they’re going to tell us what we have to pay. They don’t even need local governments. They want control of everything. Albany is crazy right now.

"This whole sham of a property-tax cap is just a political ploy by the governor’s office to act like they're for the people," Clattenberg added. "So they say one thing to the people and then go the other way to stab them in the back."

At issue was a proposed resolution to send a message to Albany politicians, "no tax cap without mandate relief." The resolution will state that the legislature shouldn't approve a property-tax cap without eliminating mandated expenses.

A vote to place the resolution on the next council business agenda passed 6-3, with Rosemary Christian, Bob Bialkowski and Bill Cox voting no.

Cox argued that the city should be ready to make any spending cuts necessary without tax increases.

"We have other things we can cut," Cox said. "We need to give our property owners and our citizens tax relief. We can’t do it to them unless we take a stand, draw a line in the sand say, 'no more taxes.'"

Councilman Frank Ferrando said he was concerned that if a tax cap is enacted without mandate relief, the city will be forced to cut vital city services and eliminate key city jobs.

Albany, Ferrando said, shouldn't be dictating to local governments how to raise and spend money.

"If we're forced into that situation that could create real problems for our community," Ferrando said. "If we're in a situation where we need to make those decisions, that’s different. We will be making those decisions. We will make those hard decisions, but they shouldn’t be making them for us."

City Manager Jason Molino said mandated expenses on employee pensions, health insurance and health costs continue to escalate. Next year, for example, the city is looking at a $361,000 increase in mandated retirement benefit costs, and under the property-tax cap proposal, taxes could only go up by $72,000, leaving a $289,000 shortfall.

Gregory A. Jones is indicted on a charge of predatory sexual assault against a child, a Class A-11 felony. Jones is accused of raping a child of less than 13 years of age while in an apartment at 34 Main St. in the Village of Le Roy.

Craig A. Tiberio-Shepherd is indicted on a charge of DWI as a felony. Tiberio-Shepherd is accused of driving drunk Aug. 14 in the Town of Pembroke.

Dominic J. Cordello Jr. is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Cordello is accused of driving drunk on Aug. 11 in the Town of Alexander.

Matthew A. Beccue is charged with a misdemeanor count of criminal possession of stolen property, 5th, and criminal possession of stolen property, 5th. Beccue is accused of possessing two stolen Dell desktop computers. The Grand Jury did not find sufficient evidence to indict Beccue on felony charges, but did find sufficient evidence to sustain the misdemeanor charges, so the case is returned to the Pavilion Town Court.

Jason L. Pask is indicted on a charge of criminal mischief, 2nd. Pask is accused of damaging another person's car, a 2010 Camaro SS, causing damage in excess of $1,000 in value, on July 24.

Tacoya S. Johnson is indicted on charges of criminal possession of a forged instrument, 2nd, and grand larceny, 3rd. Johnson is accused using a forged instrument to steal more than $3,000 while at a local bank branch on Oct. 31, 2007.

Dannielle D. Sturgis-Ruise is indicted on charges of criminal possession of a forged instrument, 2nd, and grand larceny, 4th. Sturgis-Ruise is accused of using a forged instrument to steal more than $1,000 from a local bank branch on Oct. 27, 2007.

William A. Muoio III is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Muoio is accused of driving drunk Aug. 22 in the Town of Le Roy.

Jennifer L. Coombs is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Coombs is accused of driving drunk June 30 in the Town of Byron.

Cheryl A. Vagg is indicted on a charge of driving while ability impaired by drugs as a felony. Vagg is accused of driving while under the influence of drugs July 3 in the Town of Alabama.

The Grand Jury returned a "no bill" (finding insufficient evidence to support the charges) on Shawn C. Wetmore. Wetmore was charged in the City of Batavia of burglary, 3rd, criminal possession of stolen property and unauthorized use of a motor vehicle.

Joanna M. Morgan, 37, of Wyoming, is charged with felony DWI, DWI, driving with a BAC of .08 or greater and driving with view obstructed. Morgan was stopped by Le Roy Police Officer Emily Clark on Sunday following a report of two people out of a vehicle and fighting along the roadside of I-490. Morgan, driving a vehicle that matched the description of the one spotted on I-490, was found in the Village of Le Roy. Following a traffic stop, Morgan was allegedly found to be intoxicated. A child under 16 years of age was reportedly in the car, leading to the felony DWI charge.

Darrel R. Scroger, 33, of Swan Street, Batavia, is charged with three counts of petit larceny and possession of burglar tools. Scroger was taken into custody at 2:56 p.m., Thursday, in the Target parking lot as a result of an investigation into stolen mobile phones. The phones were reported stolen over the previous week. Scroger was allegedly caught stealing from Target. He is also accused of shoplifting from Target on Dec. 6 and Dec. 8. Scroger was jailed on $500 bail. The investigation was conducted by Deputy Joseph Graff, Deputy Patrick Reeves, Deputy Brad Mazur and Sergeant Thomas Sanfratello.

Jerome Sanders Dennis, 24, of Jackson Street, Batavia, is charged with criminal trespass, 2nd. Dennis allegedly entered a residence on Drake Street, Oakfield, at 3:50 p.m., Dec. 8, without permission of the owner.

Aaron D. Bradley, 29, of 679 E. Main St., Batavia, is charged with harassment, 2nd, and criminal obstruction of breathing or blood circulation. Bradley is accused of placing his hands around the throat of a victim during a domestic incident at an unknown time Sunday. He was jailed on $1,000 bail.

Elizabeth A. Wesley, 38, of 31 Trumbull Parkway, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Wesley was stopped on a street in Batavia at 12:31 a.m., Sunday, by Officer Matt Fleming. Wesley was jailed without bail.

Joshua A. Canfield, 21, of 190 Greeley Ave., Hornell, is charged with DWI, driving with a BAC of .08 or greater, and running a red light. Canfield was stopped at 3:28 a.m., Sunday, by Officer Eric Bolles, after allegedly running a red light at West Main and Ellicott streets.

Amber N. Wallace, 21, of 4 Highland Park, Batavia, and Nicole L. Cramer, 21, of 2 Highland Park, Batavia, are charged with disorderly conduct. Wallace and Cramer were allegedly observed by police officers fighting on Pringle Avenue at 2:38 a.m., Sunday. They were taken into custody by officers Eric Bolles and Frank Klimjack.

Justin M. Hoover, 30, of 22 Tracy Ave., Batavia, is charged with criminal possession of stolen property, 5th. Hoover is accused of possessing items stolen from vehicles on the south side of the city the night of Nov. 24. He was taken into custody on Friday by Det. Pat Corona.

Amy A. Wagner, 41, of Angola, is charged with harassment, 2nd. Wagner was arrested by State Police for an alleged incident on Aug. 21. No further details released.

Aaron J. Huck, 27, of Brockport, is charged with DWI and aggravated DWI. Huck was stopped at 4:11 p.m., Friday, by State Police on Townline Road in Bergen. Huck was held without bail.

A former Rochester City Council member and current appointee to the Monroe County Community College Board of Trustees was arrested at a GCC woman's basketball game yesterday.

John Parrinello, a defense attorney who served on the Rochester council in the 1970s and lost a bid for mayor in 2006 against Robert Duffy, was charged with criminal trespass, 3rd, after being arrested by State Police Trooper Daniel Hollands.

Hollands was dispatched to the GCC gym at 4:35 p.m. for a report of a fan causing a disturbance and refusing to leave.

According to the State Police, campus security reported the suspect was using vulgar language.

When Hollands arrived, he contacted Parrinello and advised him to leave. Parrinello refused. Then Hollands reached for his handcuffs, according to reports, at which point Parrinello agreed to leave, but then reportedly would not exit the building by the route ordered by Hollands. At that point, Parrinello was arrested.

Parrinello is scheduled to appear in Town of Batavia Court at 1 p.m., Dec. 20.

Sources: WHAM 13, Democrat and Chronicle, MCCC web page.

A Sheriff's patrol has been dispatched to the intersection of Killian Road and Pratt Road for a dangerous condition report.

There is apparently a jaywalking snowman stuck in the middle of the road.

An Alden man is being held in jail without bail after being accused of trying to steal a historic long gun yesterday from the Holland Land Office Museum, 131 West Main St., Batavia.

An observant witness spotted a person leaving the museum with the long gun hidden under a trench coat and followed the suspect's car, phoning the dispatch center with a license plate number, description and direction of travel.

Taken into custody at the intersection of West Main and Oak streets shortly after 1:30 p.m. was Frank J. Bieniek, 55, of 962 Virginia Drive, Alden.

The gun is valued at more than $3,000.

Bieniek is charged with grand larceny 3rd and criminal possession of stolen property 3rd.

The case was investigated by Officer Matt Flemming and detectives Kevin Czora and Todd Crossett.

Bieniek will be arraigned and receive a bail review in City Court at 11 a.m., Monday.

(initial report)

Last evening, I took pictures of Christmas lights of several homes on the south side of Batavia. Above a home on Ganson Avenue.

More pictures after the jump:

Osterhout Street

Highland Street

Jackson Street

Hutchins Street

A minor-injury car accident is reported at School and Swan streets in the City of Batavia.

City fire and Mercy EMS are responding.

John Micheal Parker, 58, of Phelps Road, Corfu, is charged with DWI, aggravated DWI (driving with a BAC of .18 or greater), speed not reasonable for conditions. At 12:41 a.m., Dec. 4, the Sheriff's Office received a call of a car in a ditch on Route 77 in Pembroke. Deputy Kevin McCarthy responded and found a car in a ditch, partially blocking the roadway. Parker was allegedly found to be intoxicated.

Charles M. Blatt, 48, of 319 E. Main St., Batavia, is charged with criminal contempt, 2nd. Police responded to a reported domestic incident at 6:25 p.m., Thursday. Blatt was allegedly found in violation of an order of protection that barred him from being intoxicated in the presence of the protected party. Blatt was jailed on $1,000 bail.

William A. Andrews, 31, of 54 Hutchins St., Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Andrews allegedly violated an order of protection by making repeated threats of violence against the protected person. Andrews was jailed without bail.

Gordy Abiola Akinpelu, 18, of Lincoln Street, Brooklyn, is charged with criminal trespass, 3rd. Akinpelu is accused of entering a room at Oak Hall in College Village without permission.

Police are in pursuit of a black Intrepid that is reportedly heading southbound on Oak Street from Richmond.

The suspect reportedly stole a historical gun from the Holland Land Office Museum.

It may have just been stopped on Oak Street and Main.

UPDATE 1:42 p.m.: The vehicle was stopped. The property has been identified.

A car attempting to cross from the Rite Aid parking lot across Lewiston Road to the Tops parking lot was stuck by an other car in a minor-injury accident at 1:42 p.m., Thursday.

Cited for alleged failure to yield was Nancy L. Alfes, 64, of Darien-Alexander Townline Road, Darien Center.

Alfes was also reportedly injured, but not transported to a hospital.

The other driver, Helen W. Laird, 88, of West Main Street Road, Batavia, was not injured.

The accident was investigated by Deputy Lonnie Nati.

(initial report)

He started his first business when he was 16 and just a day before his 21st birthday, Tim Walton has bought out his first company.

Walton, who is the owner and founder of TopLine Shirt Company, has agreed to terms with Marc Tillery, owner of MT Graphixs, to buy out and merge the two companies into one. This will allow Walton to add a wide variety of graphic design services including advertisement design and consulting.

"Marc is a great designer and his company has really proven itself and was something that I wanted to get involved with," Walton said.

MT Graphixs is a design and advertising firm that has clientele based throughout the United States and has done design work for high-end clients including the Grammy Award winning group Boys II Men, R&B group New Edition and John Neilson of Rebel Spirit Clothing -- a line that is often worn by the stars of the MTV hit show "Jersey Shore."

"It's a great opportuniy for both of us," says Walton. "MT (Graphixs) has a long list of clients and it's great to be able to add them to my portfolio and should result in a revenue increase for both of us."

Tillery has a variety of experience in design and advertising.

"We can help you with a plan to get your ads to reach customers, we can design fliers, logos, business cards, T-shirts or whatever else you may need designed," he said.

As part of the deal, Tillery will now be operating full-time out of TopLine's current location at 214 E. Main St. in Batavia.

"I felt like this was the right move for both of us. It gives me an opportunity to be able to work with Tim and offer the customers I have even more services," Tillery said.

The terms of the deal are not being released.

"This addition isn't just going to add more design services," says Walton. "This allows us to become more of an advertising company as a whole and will allow for us to continue to expand into numerous other markets that otherwise would not have been possible."

(Photos - Top, Tim Walton, left, and Marc Tillery; lower, Marc Tillery, left, and Tim Walton.)