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Law and order: Two city residents accused of conspiracy and grand larceny

By Billie Owens

John P. Wittkopp, 35, of Columbia Avenue, Batavia, is charged with sixth-degree conspiracy and fourth-degree grand larceny -- value greater than $1,000. On Oct. 31, Wittkopp responded to Batavia PD and was arrested after an investigation into an incident that occurred at 4:21 p.m. on Oct. 27 on Main Street in Batavia. He was issued an appearance ticket, released, and is due in Batavia City Court on Nov. 13 to answer the charges. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Jamie M. Ficarella, 42, of Liberty Street, Batavia is charged with sixth-degree conspiracy and fourth-degree grand larceny -- value greater than $1,000. On Oct. 31, Ficarella responded to Batavia PD and was arrested after an investigation into an incident that occurred at 3 p.m. on Oct. 28 on East Main Street in Batavia. She was issued an appearance ticket, released, and is due in Batavia City Court on Nov. 13 to answer the charges. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Breanna C. Toal, 22, of Dellinger Avenue, Batavia, is charged with petit larceny and falsifying business records in the first degree. Toal was arrested Oct. 28 following an investigation into a report that she stole from her employer while working at 7-Eleven on East Main Street in Batavia. She was processed and released on an appearance. She is due in city court on Nov. 13. The case was handled by Batavia Police Officer Jason Ivison.

Aaron L. Klein, 47, no permanent address, Batavia, is charged with petit larceny. Klein was arrested on three counts of petit larceny following an investigation into property that was stolen from a residence on Montclair Avenue in the City of Batavia, shortly after midnight on July 26. He was already being held in Genesee County Jail on unrelated charges. He was issued an appearance ticket for city court and is due there Nov. 13. The case was handled by Batavia Police Officer Jason Ivison.

Olivia J. Paganin, 29, of Myrtle Street, Le Roy, was arrested on Nov. 1 by Le Roy Police Officer Kellogg on a Batavia City Court warrant. The defendant was then extradited to Batavia PD, arraigned in city court and put in jail. Paganin is due in city court at a later date. The case was handled in Batavia by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Batavia financial advisor honored with 2018 David Brady Award

By Billie Owens

Submitted photo and press release:

John Riter, a Merrill Lynch advisor based in Batavia, was one of 12 employees recently honored with the 2018 David Brady award at a ceremony in New York for his outstanding client focus and overall commitment to the company and his community.

The award is named for David Brady, a financial advisor who died in the terrorist attacks of Sept. 11, 2001. He was highly respected for putting the client first and giving back to his community.

The award that bears his name was created in 2007 and seeks to honor individuals within Bank of America Global Wealth and Investment Management who continue to emulate Brady’s ethos.

“The Bank of America family is made up of dedicated individuals who, like David, exemplify what it means to go ‘above and beyond’. This award not only immortalizes David’s legacy but also rewards employees such as John for their continuous hard work in meeting the needs of their clients, colleagues and communities,” said Paul Lehrman, market executive.

In 2008, Riter joined Merrill Lynch as a first vice president, financial advisor; he is currently the resident director of the Batavia office. John and his wife, Liz, have been married for 29 years. They live in Batavia and have two children, Mitch and Kathryn.

Bank of America Corporation 

Merrill Lynch is part of Bank of America Corporation. Merrill Lynch is a leading provider of comprehensive wealth management and investment services for individuals and businesses globally. With 14,838 financial advisors and $2.3 trillion in client balances as of Sept. 30, it is among the largest businesses of its kind in the world. Bank of America Corporation, through its subsidiaries, specializes in goals-based wealth management, including planning for retirement, education, legacy, and other life goals through investment, cash and credit management.

Within Merrill Lynch, the Private Banking and Investment Group focuses on the unique and personalized needs of wealthy individuals, families and their businesses. These clients are served by approximately 200 highly specialized private wealth advisor teams, along with experts in areas such as investment management, concentrated stock management and intergenerational wealth transfer strategies.

Sponsored Post: State Farm - Mark Lewis Agency offers deer safety tips

By Lisa Ace


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WBTA's Jerry Warner enters hospice care

By Howard B. Owens

Jerry Warner, whose velvet voice kept listeners of WBTA informed and entertained for more than 30 years, is in hospice care, the radio station reported today.

More than a year ago, Warner, a resident of Oakfield, retired from the station due to ill health.

Warner, who hosted the morning show "Main and Center," is being cared for at Crossroads House.

Those who wish to send Warner a card of support can mail it, in care of Crossroads House, to the Crossroads House mailing address: P.O. Box 403, ​Batavia, NY 14020.

Photos: Open house at Batavia CTE

By Howard B. Owens

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Sara Menke, of Caledonia, a student at Batavia CTE in the Animal Science program, explains to her parents, Linda and Jason, how she cares for a French agora rabbit in her class during an open house Thursday night.

The annual open house is a chance for parents and the community to see what students are learning at the school and what programs are available to career-minded students.

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McMurray to visit all eight counties of the NY-27 on final weekend of campaign

By Howard B. Owens

Press release:

Nate McMurray, Democrat and Working Families Party candidate in NY-27, will be visiting all eight counties this weekend as a part of his grassroots Get Out the Vote effort to talk to as many voters as possible across the district. He will travel to the counties in the following order: Erie, Niagara, Orleans, Genesee, Ontario, Monroe, Livingston, Wyoming. The tour will end with a GOTV rally with Talia Shire, an Oscar-nominated actress of two of the most successful movie franchises in history, the "Rocky" and "Godfather" sagas, at the campaign’s headquarters in Hamburg.

McMurray will be at Tim Hortons, 20 Main St., Batavia at 8:45 a.m., Sunday, for 30 minutes.

Investigators believe murder of Ray Morgan was premeditated

By Howard B. Owens

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      Richard Hanes

A former Orleans County resident whom investigators believe planned the murder of Raymond Morgan before beating him to death in his apartment at 111 Liberty St., Batavia, on July 24, was charged in Genesee County Court today with murder in the second degree.

Richard D. Hanes, 36, entered a not guilty plea before a courtroom packed with Morgan's family and friends as well as several police officers and detectives from Batavia PD. He was shackled and dressed in the green jumpsuit of the Department of Corrections and accompanied by a pair of corrections officers.

"Right now we don't have a motive," said Det. Kevin Czora after Hanes was arraigned on the single count of second-degree murder. "All we know is that it was an exceptionally violent attack that happened in an extremely short period of time. I believe it was premeditated from the evidence that we've collected, and what we know, but as of right now we do not have a motive."

Hanes has been in state custody since July 26, two days after the murder, on an alleged parole violation. He is being held at the Attica Correctional Facility.

He was convicted in Orleans County in 2003 of burglary, 3rd, attempted robbery, 2nd, and grand larceny, 4th. His parole on those charges expires Dec. 7.

According to a police spokesman, Hanes was living at 5 Thorpe St., Batavia, a rooming house for clients of GCASA, at the time of the alleged murder.

The evidence against Hanes, according to Czora and District Attorney Lawrence Friedman, is wide-ranging.

"There were witnesses in the area who, when this happened, identified him," Friedman said. "That's how it got started. So we have that. There are various items of physical evidence that were found and connected to him. We've got surveillance video from various locations that follow his path after the crime. There are also various items of scientific evidence."

Hanes is scheduled to remain in state custody until early December. Judge Charles Zambito ordered him held without bail but Fred Rarick, representing Hanes, said he reserved his right to make a bail application at a later date. Hanes will next appear in County Court on Jan. 9 for a hearing on any motions that have been filed.

Though Morgan had his own trouble with the law, he was a 47-year-old Batavia native with a large, tight-knit family locally, including five grandchildren, and a large network of close friends. Victor Thomas said they're all relieved to see the case reach this stage after months of waiting for justice to be served.

"This is the first step," Thomas said. "At least we start to see some justice; at least we got a name; at least we have a charge; at least we've got a prosecutor and somebody who is going to fight for us."

While police identified a suspect early in the investigation and gathered several items of physical evidence, formal charges were delayed until DNA could be analyzed.

Friedman said, because of ethical guidelines, he couldn't discuss that aspect of the case but he said the important factor was just making sure all of the evidence was ready for a successful prosecution.

"I can say that the delay was a matter of completing the investigation," Friedman said. "Fortunately, we had the luxury of time knowing that he was being held on a parole detainer and we knew what our timeline was as far as when we needed to have a grand jury presentation to make sure that we were at this point before he got released by parole."

He said he understood the desire of family and friends to see an arrest made quickly.

"Obviously, I've known all along that there are a lot of people who are very interested in this case, family members, people who are anxious to see something happen and we're maybe at times troubled by the fact that that wasn't happening quicker," Friedman said. "But my position has always been in this case and others is, we're going to do it right rather than doing it quickly. We're not going to jump the gun before we've got everything in order."

Todd Crossett, Batavia PD's assistant chief, said patrol officers and detectives put in more than 800 hours on the case so far (and the investigation isn't done).

"This is a culmination of many hours of work from patrol officers doing an excellent work at the initial crime scene and then going to the detectives," Crossett said. "Anything that came into the department, they were on it. Long, long hours, especially when it initially came in, long hours of chasing everything down. I think because of that hard work in the beginning that's why we ultimately got to where we are."

There has been speculation, Czora acknowledged, that there may have been other people involved in the murder of Morgan. He said every lead along those lines has been pursued and so far there is no evidence of any other people being involved.

The investigation doesn't end with the arraignment today, Czora said.

"There are countless numbers of pieces of evidence that we've obtained and processed and continue to process even still to this day," Czora said. "Our investigation continues even after this arraignment. It's just been an extensive amount of work that needed to be accomplished."

Top photo: Friends and family wearing T-shirts in tribute to Ray Morgan.

BREAKING: Man charged in July 24 beating death of Raymond Morgan

By Billie Owens

Richard D. Hanes is charged with second-degree murder, a Class A-1 felony, in the beating death of Raymond Morgan on July 24.

The crime occurred at 111 Liberty St. in the City of Batavia.

Hanes was indicted by a Grand Jury and arraigned in Genesee County Court this afternoon.

The charge carries a mandatory life sentence if convicted.

UPDATE: Investigators believe murder of Ray Morgan was premeditated

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Bang a gong: Blue Pearl Yoga hosts Healing Sound Bath Nov. 10

By Billie Owens

Press release:

Blue Pearl Yoga (200 E. Main St., Batavia) will host a Healing Sound Bath from 7 to 9 p.m. on Saturday, Nov. 10 featuring Sonam Targee of Ancient Universal Medicine, Rochester.

Targeee will also be teaching a three-hour Nada Yoga Workshop that afternoon in cooperation with the Yoga Teacher Training occurring at Blue Pearl.

He is a professional complementary medicine practitioner and musician with more than three decades of experience counseling thousands of people in the art of gaining the knowledge necessary to improve their health.

A Sound Bath is a musical and spiritual journey, a healing meditation through the use of sound and music. It is deeply relaxing and comforting, allowing you to let go of anxiety and worries, open your heart and create a profound sense of inner peace, the place where healing can happen.

The sounds come from many instruments from all around the world, and can include crystal singing bowls, five-metal singing bowls, voice, flutes from around the world, shakers and rattles, didgeridoo, hammer dulcimer, mountain dulcimer, tanpoori, tabla, frame drum, gongs, recorders, harmonium, and harmonica.

The music is evocative of ancient temples, caves, and ancient tree groves. No participation other than active listening is required. It’s like a purifying shower of love through sound!

A Sound Bath uses the ancient Indian system of Nada Yoga, the science of sound for transformation. In Yogic philosophy (and quantum physics) everything in the universe is made of energy and possesses a basic vibration that interacts with everything else, including your body and mind. If you can imagine your body like a guitar, disease and discomfort can arise because your guitar strings are out of tune, the music of the body has literally gone out of tune.

We can use music, sound, and the principles of Nada yoga to “tune” our bodies, bring back equilibrium, and facilitate healing. Come and experience why music soothes the savage beast. It’s cool science! All are welcome!

Cost is $25 (or two class card punches). Purchase by Friday, Nov. 9. Tickets can be purchased at bp-yoga.com.

City Fire Department provides free smoke detectors and batteries to residents

By Billie Owens

Press release:

The City of Batavia Fire Department is reminding everyone to change their clocks and change their smoke alarm batteries.

Daylight Savings Time ends at 2 a.m. this Sunday, Nov. 4th.

“When you turn your clocks back one hour, it’s a great time to make sure your smoke alarms are working properly and tochange the batteries,” said Chief Stefano Napolitano, City of Batavia Fire Department.

“Plus with winter quickly approaching and most everyone turning their heating systems on, it also makes this an ideal time to make sure your heating system is working properly. This is a great opportunity to check your carbon monoxide detectors as well.”

According to the National Fire Protection Association, 71 percent of smoke alarms which failed to operate had missing, disconnected or dead batteries.

Fire Prevention Officer for the City of Batavia Fire Department, Capt. Greg Ireland, knows how this simple but important task can be overlooked.

“As parents we’ve got a lot on our minds -- jobs, busy schedules, meal time; so it’s easy to let home fire safety slip from our radars," Capt. Ireland said. "You never think a fire will strike your home, but it certainly could and it’s important to take as many proactive steps as we can to protect our families.”

The City of Batavia Fire Department would like to see every home in our community equipped with a working smoke detector. If you do not have a smoke detector or if you are unsure the batteries are working properly, members of the City of Batavia Fire Department will come to your home and ensure that you have a working smoke detector, absolutely free of charge.

Call (585) 345-6375 to set up an in home appointment.

“The message is simple,” Chief Napolitano said. “Change your clock, change your batteries. Using that extra hour is a perfect time to do it.”

Photos: Poster contest winner arrives at St. Joe's in fire truck

By Howard B. Owens

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Capt. Greg Ireland, of the City of Batavia Fire Department, applauds first-grader Adam Laska after he arrived at St. Joseph's school this morning. Adam got to ride to school in Engine 11 because he was one of the winners of the firefighter's annual fire safety poster contest.

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Adam and his family: Mike Laska, Adam, Ewan, Amy, Randy and Nilsson.

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GCEDC board approves Ellicott Station and Gateway II projects

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) approved a revised PILOT -- Payment In Lieu Of Taxes -- for the Ellicott Station development project and incentives for the construction of a spec building at the Gateway II Corporate Park in the Town of Batavia.

The Ellicott Station project in the City of Batavia is a mixed-use brownfield redevelopment project including adaptive reuse and new construction of a blighted property in a key gateway to Downtown Batavia.

The GCEDC Board approved a $22.5 million PILOT for Savarino Companies, the developer of the project, to meet the financing needed for the project’s expanded scope and scale. Incentives are an estimated $3.25 million, including property tax abatements and sales and mortgage tax exemptions.

When fully developed, Ellicott Station will create 68 full-time equivalent jobs and will include the construction of 99,000 square feet of brewery, restaurant and beer garden, a five-story apartment building with 55 apartments and class-A office space.

The Board approved an $18,000 mortgage tax exemption for Gateway GS, LLC for the first of five planned 27,000-square-foot spec buildings the company is building at the Gateway II Corporate Park in the Town of Batavia.

The $2.6 million project, which is being managed by Gallina Development Corporation, has previously received approval for property and sales tax exemptions.

Photos: Notre Dame advances to finals over CG Finney

By Steve Ognibene

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In a very tight sectional semifinal class D3 matchup Notre Dame of Batavia edged CG Finney last evening in five sets 25-20, 21-25, 20-25, 25-17, 25-20 at Wayland Cohocton High School.

Notre Dame took the first set win but CG Finney came on strong catching the Irish down two sets to one. Lots of energy flowed from play to play for Finney, which carried the momentum into the fourth but the Irish delivered with some key kills and digs to force a deciding set.

The Irish got off their heels and back in the game in the fifth to win it and send them to the finals against Hammondsport, who they play at SUNY Geneseo college tomorrow at 3 p.m. There was a lot of heart played by both teams especially the underdogs CG Finney.

To view or order photos click here.

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Law and Order: Kelsey Road, Batavia, man accused of providing indecent material to minor

By Billie Owens

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with five felony counts of disseminating indecent material to a minor. Somerton was arrested and arraigned on Oct. 31 following an investigation into an offense that occurred on Kelsey Road in the Town of Batavia on Oct. 13. Additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Victoria Lynn Jacques, 49, of Seward Road, Alexander, is charged with aggravated driving while intoxicated, with a BAC of .18 or higher, and DWI -- first offense. Jacques was arrrested at 8:42 p.m. Oct. 27 on Broadway Road in Bethany. She was operating a vehicle that matched the description of a vehicle cited in a traffic offense complaint called into the Emergency Dispatch Center. Genesee County Sheriff's deputies pulled her vehicle over and allegedly determined she was intoxicated. She was transported to Genesee County Jail and released on appearance tickets for Town of Bethany Court Nov. 22. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Mathew Clor.

Photos: Halloween in Batavia on a rainy night

By Howard B. Owens

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A bit of rain didn't stop 2-year-old Braxton going out trick-or-treating for the first time with his father Russell Schmidt, of Batavia.

Below are photos from Washington Avenue, Ellicott Avenue, Summit Street, and City Church's Halloween party at St. Anthony's.

The second picture is Officer Kevin DeFelice right after he ran out of candy for the kids on Ellicott. DeFelice said BJ's donated candy and he had 20 pounds to give out. He gave two pieces to each child and ran out in two hours.

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