batavia

Robert J. Eppolito is going to be out of the community and in prison for many years -- from eight to 11 -- following his sentencing on two criminal charges in county court today.

The 29-year-old Batavia and Le Roy resident has been in trouble with the law a few times in recent years and and in January he entered a guilty plea to assault, 2nd.

Eppolito previously admitted he punched and kicked a victim in Le Roy.

On the assault charge, Judge Robert C. Noonan gave Eppolito seven years in state prison. The sentence will be served consecutively with a violation of probation sentence of one to three years.

A woman reportedly involved in a motor-vehicle accident in Pavilion early Wednesday morning has been accused of using her mobile phone while driving and doing that while she was drunk.

Alexandra Rae Wood, 21, of McCall Road, Batavia, allegedly had a BAC of .18 or greater when she drove her car into a ditch on Route 19 at 2:34 a.m.

She has been charged with DWI, driving with a BAC of .18 or greater, unlawful possession of marijuana, moving from lane unsafely and unlawful use of a mobile phone.

Wood was issued an appearance ticket and released.

The accident was investigated by Deputy Jason Saile.

A former Thorpe Street resident who was convicted of breaking into the unoccupied Maple Street apartment of a man jailed on drug charges was sentenced to eight years in prison today.

Eric P. Doleman, 41, pled guilty in February of second-degree burglary and first-degree aggravated unlicensed operation of a vehicle.

Doleman will serve one-and-a-third to four years concurrently on the aggravated unlicensed operation charge, and after his release from prison he will be under court supervision for five years.

The convictions stem from breaking into the home of Edward R. Freida on Dec. 29. Doleman entered the apartment through a window while his accomplice, Frederick H. Robidoux Jr., waited outside. A neighbor spotted the men loading up a truck with items from the residence and reported this to police. Robidoux was sentenced last week to six years in prison for attempted burglary.

Freida, who is still in jail, was allowed to speak at today's sentencing. Wearing an orange jail jumpsuit and in shackles, Freida asked Genesee County Court Judge Robert C. Noonan to impose the maximum sentence allowable -- eight years.

"I treated this guy like family," Freida said with a clear, emphatic voice. "I gave him food and a place to crash. I'm in jail and then he turns around and robs me."

Then a man in the gallery, who told an attorney he was Doleman's brother, yelled out to Freida "You did your own crime. Did the DA give you a plea deal?"

Noonan asked the man if he wanted to stay in the courtroom and be quiet or leave. The man said he wanted to stay. A deputy walked over to the man and stayed there for the remainder of the sentencing.

"I would not be in jail if not for the defendant," Freida continued.

The judge said he would not consider the statement in determining Doleman's sentence.

"I am not imposing sentence in any fashion because of Mr. Frieda's comment that he's incarcerated because of Mr. Doleman," Noonan said.

Defense attorney Terry Falk asked for the minimum prison time allowable in this case, five years. He said Doleman has never before been convicted of a Class E felony, only misdemeanors, and that the defendant has been cooperative with law enforcement agencies.

"His mother is 64 and she has COPD, and she has fluid around her heart," Falk said, adding the obvious -- that the chance that Doleman's mother will die while her son is in prison increases with a longer sentence.

The matter of restitution was debated and Falk said that although the DA's office requests around $4,000 only $292 can be documented as the material loss resulting from the crimes.

The judge told Falk that the approved plea agreement states that the restitution the DA asked for would be ordered or the DA could withdraw his consent for pleading guilty.

Thus, the defense consented to restitution of $3,810.31, for which Robidoux is jointly responsible.

When asked if he wanted to speak before sentencing, Doleman said "I apologize beforehand. I will be a good citizen upon my release."

The judge was disinclined to believe him, citing Doleman's lengthy history of run-ins with the law.

"You have a very consistent record of breaking the law -- for 20 years," Noonan said, adding that Doleman's lawyer "negotiated a good deal."

Press release:

Artisan dairy manufacturer Alpina Foods has announced its yogurts will be available at Tops Friendly Markets, a leading grocery retailer in Upstate New York State and Northern Pennsylvania. The supermarket chain will carry Alpina Revive Greek Yogurt and Bon Yurt by Alpina at all Tops Friendly Market locations starting this month.

“We are excited to see our products on the shelves at Tops Friendly Markets,” said Alpina Foods General Manager Carlos Ramirez. “This relationship allows us to expand the availability of our yogurt as the demand for quality dairy products increases and the construction of our Batavia, New York dairy manufacturing plant nears completion.”

“Tops is proud to be the first grocery retailer in the area to carry Alpina Foods’ yogurts,” said Cathy Shifflett, Tops VP Center Store Sales and Marketing. “At Tops Friendly Markets, we’re committed to partnering with local brands such as Alpina Foods to bring quality products into communities throughout New York and Pennsylvania.”

Alpina Revive is an authentically strained, all-natural and non-fat Greek yogurt that packs an impressive 15 grams of protein in every cup. It contains simple ingredients such as milk and active yogurt cultures, is low in sugar and carbohydrates, and contains no artificial ingredients, sweeteners or flavors. Alpina Revive is paired with one-of-a-kind, chef-crafted granolas in four blends: antioxidant, superfoods, tropical, and Chai spices. 

Designed for the kid in all of us, Bon Yurt by Alpina is a creamy, traditional-style yogurt rich in protein and calcium but with a bit of fun in the mix. Paired with timeless cereal favorites like frosted flakes, cocoa rice, fruit rings and cookie bits, makes Bon Yurt by Alpina sure to please both parents and kids.

We seemed to have gotten a little bit of spring back today and Monday's snowstorm and yesterday's hail doesn't seem to have done much damage to all the various flowering trees around the city.

Above, Richmond Memorial Library, and bottom photo, behind 400 Towers on Swan Street.

Press release:

Batavia Downs Casino is pleased to announce that its 27 million dollar expansion has been approved by the New York State Lottery. The expansion, which is slated to begin immediately, will consist of repairs to the roof, replacement of the facility’s neon sign with an energy-efficient LED one, and most notably, the facility’s second-story gaming floor will be brought down to ground level.

The project is expected to be one of the largest construction projects in Western New York this year.

“We are pleased to begin this long-anticipated project," said Mike Kane, president of Western Regional Off-Track Betting and Batavia Downs Casino. “The construction will create jobs both during the building of our new facility and inside the casino once the expansion is completed."

Since 2005, Batavia Downs Casino has contributed more than 107 million dollars to New York State Education through the lottery and more 71 million has been distributed to the 15 counties of Western New York and the two cities of Buffalo and Rochester.

"The expansion will add about 200 machines to the gaming floor, and we expect an increase in the yearly payments given back to the citizens of New York State," Kane said.

New restaurants will also be added to the facility.

“The Thurman Thomas Sports Bar will give local sports fans a new, unique place to cheer on their favorite teams while enjoying food, drink and local musical entertainment” said Director of Marketing Ryan Hasenauer.

The Tim Horton’s currently on the second floor would be expanded once it occupies its new space on the first floor. Batavia Downs Casino’s Ambassador will have his own space on-site as well.

The death in February of a Batavia mother remains a mystery, but friends are organizing a fundraiser May 10 to benefit her children.

Alyce Huntoon, 24, was found unconscious in her car Feb. 8 and pronounced dead some time later.

Huntoon was the mother of two young children.

Det. Pat Corona said today that the investigation into her death remains active and investigators work on the case almost daily, mostly in interviews, tracking down information on every lead that comes into the police.

Toxicology results should be available within two or  three weeks.

Corona admitted that as an investigator it's frustrating to be gathering information without knowing the cause of death, which makes it harder to know which information is key and which is irrelevant.

Determining a cause of death will help focus the investigation.

The fundraiser May 10 will be at Tully's on Main Street, where Huntoon was employed at the time of her death.

Proceeds will benefit Ava and Maddy, Huntoon's children, according to Amanda Holley, who is helping organize the fundraiser.

It will include a 50/50 raffle and the fundraiser will last throughout the day, from 11 a.m. until 11:45 p.m.

Pretty much everything that was left of the apartment building at 26 Maple St., Batavia, which burned down Friday, was hauled away by work crews today.

Three people are being taken to UMMC following the detection of unsafe levels of natural gas in their home on Ellicott Street in the City of Batavia.

One patient is a 25-year-old man who is complaining of a headache and nausea. An 18-year-old woman also complains of a headache and a 1-year-old girl seems fine and will be evaluated. They are all being given oxygen.

City firefighters and Mercy medics responded following a report of CO detector activation. Upon arrival, they found levels of 60 ppm inside the home (didn't catch the exact address) and over 400 ppm in the basement.

National Fuel has been notified. No ETA given. Meanwhile, the gas line in the home has been shut off.

UPDATE 2:33: The home has been ventilated. City firefighters are back in service.

The public is encouraged to take part in the National Prescription Drug Drop Off from 10 a.m. to 2 p.m. this Saturday, April 28. No questions asked. All medications -- both prescription and over-the-counter -- will be accepted from residents.

In Genesee County, the drop-off sites will be as follows:

• Batavia Police Department -- 10 W. Main St. in the City of Batavia
• Le Roy Police Department -- 3 W. Main St. in the Village of Le Roy
• Pembroke Town Hall -- at the junction of routes 5 and 77 in Pembroke

According to the Center for Disease Control, prescription drug abuse is a national epidemic. In Western New York, prescription pill abuse is the No. 1 drug problem.

Law enforcement agencies, healthcare professionals and drug-abuse prevention groups want you to "Keep unneeded, unwanted medications out of your children's hands."

The Downtown Spring Carnival for 2012 has been cancelled.

Originally scheduled to be held this year in the parking lot adjacent Alva and Bank, the carnival has fallen victim to weather.

The Fun for Everyone Shows troupe has been unable to leave Florida and won't be able to make it to WNY in time for the carnival, which was set for April 25 through 30.

A 31-year-old Hutchins Place resident is accused of defrauding the Department of Social Services out of more than $17,000.

Deborah Schramm, of Batavia, is accused of submitting various forms from February 2011 through August 2011 for medical assistance and food stamps she allegedly wasn't qualified to receive.

Schramm is charged with six felonies -- grand larceny, 3rd, and five counts of offering a false instrument for filing, 1st.

Some of the current residents of downtown apartments were surprised a couple of weeks ago to get a warning about parking on city streets or parking lots overnight.

City Manager Jason Molino said the warning is part of an effort to ensure only vehicles with permits are parking overnight, and that they're parking in recommended areas.

"We initially issued warnings to remind people there is no (overnight) parking and give them a chance to get permits," Molino said. "There have been no tickets issued at this point."

If a resident wants to park a vehicle downtown overnight (from 2 a.m. to 6 a.m.), he or she needs to get a permit from the city.

That permit costs $100 annually (raised recently from $50 per year).

The permit covers up to two vehicles.

When a resident receives the permit, the resident is asked to park his or her vehicles in specific areas, with other overnight parking, so that vehicles are grouped together.

Molino said this is particularly important during snow removal season.

With the city making a push for more apartments downtown, Molino was asked if there is adequate parking for more residents in the heart of the city.

There is, Molino said.

"If you don't have an overnight parking ability -- if you don't enforce it, or you don't have it -- then people can park overnight with any type of vehicle, whether it's a construction vehicle, farm equipment, those sorts of things," Molino said. "We've had requests from truckers or trucking agencies to park their big rigs overnight, which is just something we don't allow."

On the web: Batavia City Code

A proposal to merge the city and town of Batavia is moving forward and at the start of Monday's city council meeting, the Charter Task Force Committee presented its proposed city charter and timeline for public hearings and public vote.

Chairman Chad Zambito (above) made the presentation, telling council members that the committee settled on a council/manager form of government with ward representation combined with at-large council seats (much like the current City of Batavia).

There would be four wards and five at-large seats.

As initially proposed, the new city would have a tiered tax structure with the current city having a tax rate to help pay for current city services -- primarily fire and police protection -- and the current town having a separate tax structure to maintain its current level of service.

The timeline toward possible adoption:

• The town board and the city council must each pass a resolution asking Assemblyman Steve Hawley and Sen. Mike Ranzenhofer to introduce legislation to make consolidation possible;
• May 17, info session at the town hall;
• May 24, info session at city hall;
• May 31, public hearing;
• June 4, public hearing;
• June 11, public hearing;
• June 21, public hearing;
• In July, public input reviewed, documents edited and corrections made to proposed charter;
• August, revised charter introduced to city and town officials, city and town hold public hearings, city and town vote on charter and ballot initiative;
• September, ballot initiative must be submitted by city and town by Sept. 9;
• Nov. 6, Election Day and voters in both city and town can vote on ballot initiative.

If approved:

• Town and city boards, appointees and employees remain in place until Jan. 1, 2014;
• The task force recommends a consolidation committee be formed comprised of elected officials and residents from both the city and town;
• Election of new city council in November 2013, with at-large seats elected to four-year terms, and wards started with two-year terms (a four-year term election for wards starting in 2015).

Currently available documents related to the proposed consolidation can be found on the consultant's website.

For 30 years Randy Baker has served the people of Batavia as a police officer, K-9 officer, youth officer, detective youth officer, sergeant, and for the past four years as chief of police.

Friday, Baker will serve his last day with the Batavia PD.

With his wife present -- the first council meeting he's convinced her to attend -- Baker was honored Monday night by the Batavia City Council with a proclamation recognizing his 30 years of service.

Councilwoman Kathy Briggs presented the proclamation on behalf of the council.

City Manager Jason Molino said interviews are taking place now to hire a replacement for Baker and a new chief should be appointed within two weeks. He said the candidates come from within and without the department.

Press release:

BATAVIA, NY – Today’s game between the Empire State Yankees and Norfolk Tides has been postponed due to snow. This game will not be made up in Batavia. The Yankees and Tides will make up the game as part of a doubleheader in Norfolk later in the season. Any person with tickets to today’s game can exchange their tickets for any other Yankees game or any Muckdogs regular season game, subject to availability.

Brianna Rae Burlingame, 20, of Palmer Road, Churchville, is charged with driving under the influence of drugs, criminal possession of a controlled substance and unlawful possession of marijuana. Burlingame was arrested after deputies Chad Minuto and Jason Saile responded to the parking lot of Petco at 2:14 p.m., Saturday for the report of a woman asleep behind the wheel of her vehicle while it was running. Burlingame was issued an appearance ticket.

Sean Allen Kota, 18, of Byron-Holley Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and driver view obstructed. Kota's vehicle was stopped following complaints of the occupants throwing beer bottles out of the window of the car. His vehicle was stopped at 2:47 p.m., Thursday, on Oatka Trail in Le Roy by Deputy Matthew Butler.

Joshua Webster, 25, of York Road, Pavilion, is charged with grand larceny, 4th, and criminal possession of stolen property. Webster is accused of stealing a purse and credit cards from a location on Commerce Drive, Batavia, and of possessing stolen property from another incident at the time of his arrest on an unrelated incident. (Previously)

Gregory J. Battaglia, 30, of Pavilion Center Road, Pavilion, is charged with petit larceny. Battaglia is accused of stealing gasoline from a station in Le Roy.

A 17-year-old resident of Bacon Street, Le Roy, is charged with endangering the welfare of a child. The youth is accused of failing to provide appropriate supervision to a child left in his care.

A Batavia resident suffered a minor injury in an accident Friday on Route 33 in Bergen after another car reportedly pulled in front of her car.

Hurt was Kelly J. Poole-Davis, 39, of North Lyon Street, Batavia. She was taken by ground ambulance to UMMC.

The other driver, Loretta E. Miller, 71, of Buffalo Street, Bergen, was uninjured, but was issued a traffic citation.

According to Deputy John L. Baiocco, Miller said she was exiting the Sugar Creek parking lot and never saw Poole-Davis's car. Miller was attempting to make a left-hand turn onto Route 33.

The official attendance at Dwyer Stadium on Sunday was 866, but there's little doubt that there were fewer than 200 people left by the time the Empire State Yankees secured a 6-5 victory over the Norfolk Tides.

Bitter cold -- 38 degrees at game time, plus a 10 mph wind -- seems to have kept many fans home, and drove many away even though it was a closely fought game.

Norfolk jumped to an early lead with three runs in the second inning, but the Yankees scrambled back, mounting a three-run lead in the seventh and then pushing across the winning run in the eighth.

Cold weather and the possibility of precipitation led to the cancellation of a planned second game.

If you have trouble viewing the slide show below, click here.

An altercation is reported in the city at Main and Center streets. Batavia PD is en route. Two vehicles are said to have "emptied their occupants" who then clashed. A car eastbound on Route 5 may have been involved. Cops on scene say nothing's showing.

UPDATE 4:11 p.m.: There have been several calls to dispatch about this. The cars may be on Swan Street now. One vehicle is purportedly white and the other is "dark."

UPDATE 4:17 p.m.: A witness told dispatch one of the vehicles has a partial license plate of FRA. It's a 1999 green Mercedes-Benz registered to someone in Rochester.