batavia

Press release:

We are pleased and applaud the governor’s support for a constitutional amendment concerning casino gaming during his State of the State address. This will have a significant positive economic affect on Western New York, specifically the 15 counties and two cities, which include Buffalo and Rochester that own Batavia Downs Casino.

With New York facing ongoing fiscal challenges as the economy continues to sputter, now is the time to permit enhanced gaming at the state’s racetrack casinos so that we can reclaim the billions of dollars in revenue – along with spending on travel, lodging, meals and other related economic activity — that flow out of our state every year.

Many thousands of New Yorkers already visit the state’s racetrack casinos, including Batavia Downs Casino. The tracks, which are licensed by the state, have over the past decade created thousands of jobs and provided billions of dollars to the state and local governments for education, agriculture and horse breeding.

Since 2005, Batavia Downs Casino and Western Regional Off-Track Betting have given more than $107 million to New York State Education through the lottery. More than $71 million has been distributed to Western Regional's member counties and cities, helping lower property taxes and contribute to community improvements.

Batavia Downs Casino and Racetrack employs more than 250 people year round. That number increases to more than 300 when racing is in session from July through December.

But the racetrack casinos lack a vital element to keep gaming enthusiasts in our state: live table games. As a result, many are choosing to travel to venues in other jurisdictions, where they leave behind an estimated $3-5 billion and spend hundreds of millions more on hotels, restaurants, entertainment, shopping and travel expenses.

The racetrack casinos have united to form the New York Gaming Association, which will work in partnership with the governor and the legislature on the multi-year process to approve the state constitutional amendment to permit live table games at our facilities.

By enhancing our existing venues with table games, we will attract clientele that now goes out of state and consequently create thousands of additional jobs and generate more revenues to provide even greater support for education, agriculture and horseracing and breeding.

Enhancing existing racetrack casinos to include table games is a good deal for New York, and not simply because of the increased revenues. Association members have already proven to be outstanding and dependable partners with the state, operating with oversight by both the State Division of Lottery and the Racing and Wagering Board. In fact, some have suggested that ours is one of the most successful public-private partnerships in the state, if not the entire country.

There is another reason why enhancing the racetrack casinos makes so much sense for New York: We are not asking for any taxpayer dollars at all. On the contrary, association members, including Batavia Downs Casino are prepared to invest hundreds of millions to upgrade our venues.

Batavia Downs Casino already had an expansion plan in place that will look to break ground this year. By the time the amendment is passed, the facility will be ready to start on an $85-95 million project beginning in 2014. This will include a convention center and expanded gaming, including table games. That means more visitors to our area, helping retail, hotels and restaurant owners along the way. It also means increased revenue to the state, and most importantly, new jobs. The impact of all these would be seen rapidly.

At a time when budgets are tight and taxpayers are rightfully skeptical about untested ideas that promise economic benefits, allowing the enhancement of existing, successful racetrack casinos to include table games is a good bet for all New Yorkers.

Batavia Downs in owned and operated by Western Regional Off-Track Betting, a public benefit corporation. Municipalities that own Batavia Downs Casino include: City of Buffalo, Cattaraugus County, Cayuga County, Chautauqua County, Erie County, Genesee County, Livingston County, Monroe County, Niagara County, Orleans County, Oswego County, City of Rochester, Schuyler County, Seneca County, Steuben County, Wayne County, and Wyoming County.

The track is also home to Batavia Downs Casino, featuring more than 600 video slot machines. Batavia Downs Casino is located less than one mile from Thruway Exit 48 and is open daily from 9 to 4 a.m.

A reader I know and trust to be truthful on sharing something like this, put together the image above and sent it to me. He said it's a collection of Facebook status updates from people being bullied and their tormentors. All of the teenagers involved, he said, are students at Batavia High School. He said knowledge of an increase of cyberbullying against some students at BHS is common knowledge among the students.

One point I want to add: Cyberbullying is a crime.

It can be charged as harassment in the second degree, which is a Class B misdemeanor. Cyberbullies should be reported either by victims or their parents to police. Witnesses can also report crimes, but in most cases it will take a victim who cooperates with the investigation to proceed with criminal charges.

UPDATE 12:34 p.m.:  I received an e-mail from somebody familiar with the situation and said students from mulitple Genesee County high schools are involved and one of the targets is not a student of BHS.  Any confusion on the school involvement is the result of my own misunderstanding of the original e-mail I received.

He sent along the following op-ed with the image.

In the age of social media and increasing technology, every day people see things on the news about cyberbullying and harrassment and many don't realize the seriousness of what is being done. Sometimes they don't think it's happening to anyone they know. Sometimes they don't think its happening to anyone near them. Sometimes people don't realize how serious it can be until it's too late.

Recently, many students in Genesee County school districts have had their Facebook news feeds, filled with cyberbullying of a few students, and the issue is only getting bigger and more widespread. But only a few are standing up for the victims, while more and more join in to bully, and many of the victims, are sitting back without knowing what to do.

"Like this stuff was bad. Worries me... :/" stated one student's Facebook comment. It "turns your stomache. Doesnt matter what someones done noone deserves that to be said," said another when responding about the nature of the cyberbullying posts.

In the most recent and student popularized bullying case (photo collage), there is one student being bullied, and upwards of 30+ cyberbullies making comments directly or indirectly toward her, while hundreds of students have 'Liked' status updates supporting the bullying acts.

According to the nonprofit website www.stopcyberbullying.com:

'Cyberbullying' is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. It has to have a minor on both sides, or at least have been instigated by a minor against another minor. Once adults become involved, it is plain and simple cyberharassment or cyberstalking.

Cyberbullying can be done for many reasons. Many times, it's done by someone with insecurities, hoping to boost their social standing. Other times, the power-hungry do it looking to boost their ego. There is also the bullying done as revenge, out of anger, and sometimes students are cyberbullying without even intentionally trying to.

While many students, usually believe their words are harmless, what they say can many times lead to a higher level of misdemeanor cyberharassment charges.

There are two kinds of cyberbullying, direct attacks (messages sent to your kids directly) and cyberbullying by proxy (using others to help cyberbully the victim, either with or without the accomplice's knowledge).

Not only does cyberbullying, include harassment that could bring upon legal issues, but many times, it also turns into defamation. Defamation, which is also known as slander, is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual a negative image. Many times students often take it to the extent of defamation by making up rumors or doing whatever else it takes to make the bullied look as bad as possible.

Parents need to be the one trusted person kids can go when things go wrong online and offline. Yet they often are the ones kids avoid when things go wrong online. Why? Parents tend to overreact. Most children will avoid telling their parents about a cyberbullying incident fearing they will only make things worse.

Parents also need to understand that a child is just as likely to be a cyberbully as a victim of cyberbullying and often go back and forth between the two roles during one incident. They may not even realize that they are seen as a cyberbully.

The message is simple. Don't write it. Don't send it. For more info on cyberbullying and how to prevent it, visit http://www.stopcyberbullying.org/.

A 2010 Attica graduate, Jesse Kern, that is currently serving in the Army, publicly defended one of the most recent victims on his Facebook page and posted this video and commented: "People just don't get it."

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is being held without bail as a fugitive from justice. Strickland is allegedly wanted in Texas on a charge of aggravated assault with a deadly weapon. Strickland was located in Batavia at a residence on Dewey Avenue by officers Chris Camp and Kevin DeFelice during the investigation into an alleged domestic incident. Strickland is reportedly wanted by the Dallas County Sheriff's Office and is being held in the county jail pending extradition proceedings.

A 17-year-old resident of Bank Street, Batavia, is charged with petit larceny. The youth is accused of shoplifting from Walmart at 7:35 p.m., Monday.

Two men accused of burglarizing a Maple Street apartment while the resident sits in jail appeared in Batavia City Court on Tuesday and waived their right for a pre-trial hearing.

The waiver means the case will be sent to the grand jury for possible indictment, but also paves the way for a possible plea deal and one of the suspects indicated in court that he is expecting a possible plea bargain.

Both Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address. are charged with burglary, 2nd.

Doleman, top photo, was also charged Tuesday with criminal mischief, 3rd, and petit larceny.

Doleman is accused of breaking a window on a 2010 Kia on Dec. 13 parked at Tops Market and stealing a laptop computer.

Robidoux is also charged with aggravated unlicensed operation of a motor vehicle.

The duo was stopped on Walnut Street early in the morning Dec. 29 after a Maple Street resident reported seeing the men carrying items from an apartment at 10 Maple St., Batavia.

The resident of the apartment, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

When Doleman's case was called, after he was charged with the Dec. 13 car break-in, Judge Robert Balbick asked Doleman if he agreed to waive a pre-trial hearing. Doleman appeared confused and said he thought the two cases would be combined as part of a plea deal. He kept turning his head toward the back of the room where District Attorney Lawrence Friedman was standing.

After the hearing, Friedman said he couldn't comment on whether or not a plea deal is in the works.

Both Doleman and Robidoux are being held in Genesee County Jail without bail.

If somebody contacts you claiming to be a relative in another country and in trouble with the law, local police are warning: use caution.

Today, according to police, a Batavia resident received just such a call and went to Tops Market with the intention to wire a significant amount of money to this "relative" in Lima, Peru (or claiming to be in Lima, Peru).

Alert employees at Tops were aware of the scam and suggested the resident contact Batavia PD.

A police investigation revealed the actual relative was safe and not in police custody.

The Batavia PD is encouraging residents to be wary of anyone requesting bail money via a Western Union wire transfer.

Police are looking for a 13-year-old who disappeared and may be traveling with his non-custodial mother after she passed through Batavia to visit with him.

Michael Smith was last seen with his mother at 8 a.m., Monday, boarding a bus in Buffalo.

His non-custodial mother is Anna M. Spencer, aka, Anna M. Smith, 49, who has no permanant address and is known to travel from place to place.

Michael Smith was reported missing after not returning from a visit with his mother at a hotel on Oak Street.

Anyone who has information or has seen either of these two individuals is asked to call Genesee County Dispatch at 585-345-6350 and ask for a City of Batavia Police Supervisor.

City of Batavia responded to a small fire in an RV this morning at 86 S. Main St., Batavia.

The RV was parked near a structure, but was put out quickly.

Ladder 15 and Engine 12 were back in service by 7:45 a.m.

Kathryn Hughes Whipple, 34, of North Main Street, Lyndonville, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely, failure to keep right and unlawful use of a mobile phone. Whipple was stopped at 1:50 a.m., Saturday, on Lewiston Road in Oakfield by Deputy Jason Saile.

William C. Leyden, 30, of 23 Parkhurst Drive, Hudson, N.H., is charged with criminal possession of a controlled substance, 7th. Leyden was allegedly found in possession of cocaine while at 3 Ross St., Batavia. NYS Parole assisted in the investigation. Leyden was jailed on $1,000 bail.

Jeremiah Thomas Altrogge, 28, of Cedar Street, Akron, was arrested on a bench warrant. The warrant was issued out of Alabama Town Court. Altrogge allegedly failed to pay a fine on an incident in August 2011. Altrogge was jailed on $1,000 bail.

James John Bachorski, 43, of Webber Avenue, Oakfield, is charged with unlawful possession of marijuana. Bachorski was allegedly found to be in possession of a marijuana pipe during an investigation into an alleged domestic dispute on Batavia Oakfield Townline Road. Bachorski's vehicle was stopped on South Pearl Street, Oakfield.

Daihnath Grady Geiogamah, 36, of Route 438, Irving, is charged with disorderly conduct. Geiogamah is accused of being involved in a domestic incident at 11:10 p.m., Saturday, at a location on Route 63, Town of Batavia, in which she allegedly threatened to fight family members and Sheriff's deputies. Geiogamah was jailed on $500 bail.

A car has rolled over on Route 98 just north of West Saile Drive.

The driver is believed to be out of the car.

Town of Batavia Fire Department and Mercy EMS responding.

UPDATE 9 a.m.: Vehicle is on its side in the front yard of the residence. Driver out walking around, not injured. A responder warns caution for others approaching the scene, "98 is just a sheet of ice from Elba all the way to the city."

UPDATE 9:23 a.m.: Female driver being transported to UMMC for evaluation.

UPDATE 9:40 a.m.: Deputies still on scene discussed the traffic situation. Cars and trucks were struggling to get up a hill on Route 98. State DOT salted the road about five minutes prior. The scene is now clear.

A 21-year-old driver who reportedly slammed his van through a guard rail and into the Tonawanda Creek off Walnut Street early Sunday morning has been charged with DWI.

Zachary D. Leitten, of 9351 Shepard Road, Batavia, was transported to UMMC after the accident and treated for injuries.

Beside facing a DWI charge, Leitten was cited for alleged speed not reasonable and prudent, moving from lane unsafely and driving on a sidewalk.

Officer Jason Ivison investigated the accident.

A 21-year-old man was able to get himself out of his van early this morning after he drove it through a barrier on Walnut Street and into the Tonawanda Creek.

A witness said the van appeared to have crashed through the barrier at a high rate of speed and a police source said he may have been drinking.

No official police report is available this morning.

The accident occurred shortly after 5:30 a.m. at the turn of Walnut Street into South Main.

Cassandra Costner, who lives with her husband and children right at the intersection, said her family was sleeping when they heard a large boom. She looked out the window and saw the barrier down and called 9-1-1.

When she came outside, she said she and her husband were surprised by what they found.

"We saw the car in the creek and were like, 'Oh, wow, crazy,'" she said.

Costner said the driver came up the bank of the creek saying, "I'm OK. I'm OK. It's not as bad as it looks."

The driver was reportedly transported to UMMC by Mercy EMS, but no information has been released on his injuries, if any.

While at least one witness said he saw somebody running from the scene, Costner said she didn't see anybody at the scene other than the driver.

The van went through a wooden, reinforced barrier, a chain-link fence, over a boulder and down about 10 feet of embankment before landing in the water.

"We've lived here six years and never seen a car go in the creek," Costner said. "It's just crazy that somebody was going that fast, but people go flying down this road. It's gotten better since they put in the roundabout, but people just haul ass down this road."

A vehicle has gone down an embankment on the westbound side of the Thruway in the area of mile marker 391 or 391.

Dispatchers have received several calls and they believe the car was eastbound and crossed over the median and across the westbound lanes.

Unknown injuries.

Town of Batavia Fire Department and Mercy EMS dispatched.

UPDATE 10:23 p.m.: The vehicle came to rest in the front yard of a residence on Cheryl Lane. Two people are out of the car and apparently uninjured. 

UPDATE 10:29 p.m.: All Town of Batavia units back in service.

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UPDATED 10:08 a.m.; UPDATED 10:19 a.m.

Two men from Rochester were arrested Thursday morning in Batavia after a possible burglary was reported on Maple Street.

A Maple Street resident called Emergency Dispatch at 4:30 a.m. to report observing two men removing items from a neighbor's residence and loading items into a vehicle.

Batavia BP and Sheriff's deputies responded and the vehicle was located on Oak Street.

The vehicle allegedly contained items taken from the Maple Street residence.

Taken into custody were Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address.

The suspects appear to have targeted the apartment at 10 Maple St., Batavia, because they knew the resident, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

Both men where charged with burglary, 2nd.

Doleman was also arrested Dec. 23 following a report of a car being broken into an items being stolen in the Kmart parking lot. Deputies and city PD responded to the call and reportedly stopped Doleman's car on Park Road. He was issued an appearance ticket for misdemeanor counts of criminal mischief and petit larceny.

There was another smash-and-grab on a car in the Tops parking lot that day, and there have been similar crimes committed in the parking lots of area hotels. There is some suspicion that Doleman may have been involved in those cases, too, according to Chief Deputy Jerome Brewster, though no charges have been filed.

While police list Doleman as having no permenant address, he does appear to have ties to Batavia and was a resident, according to a source, of Thorpe Street a year ago before being evicted "because of excessive police calls," the source said.

Doleman may also yet be charged with criminal possession of a weapon, Brewster said.

Doleman and Robidoux were jailed without bail.

Photos: Doleman, top; Robidoux, bottom.

Valjean Charles Burns, 65, of North Pearl Street, Oakfield, is charged with forcible touching. Burns is accused of forcibly touching the intimate parts of a female Dec. 8.  An order of protection was issued.

Jesse Sumner Repass, 25, of Pine Street, Oakfield, is charged with petit larceny and trespass. Repass is accused of stealing aluminum from Allen Foods, Inc., on Stevens Street, Oakfield.

Rosemary R. Waters, 25, of 139 Bank St., Batavia, is charged with petit larceny. Waters is accused of shoplifting from Dollar General on East Main, Batavia.

Charlene Olivia Leubner, 34, of Bradnell Avenue, Le Roy, is charged with criminal contempt, 2nd. Leubner was allegedly found sitting in a car talking with a person protected by court order from contact by Leubner.

A woman has hit a dog near the five corners on Bank Street Road, Batavia.

The dog is injured. The woman's car is damaged.

A Sheriff's deputy is responding.

The woman doesn't know who owns the dog.

A tractor-trailer has reportedly lost a box of nails on West Main Street near River Street, Batavia, and the contents are "spread out over quite a distance."

The nails are in an eastbound lane.

A Probation Department car has been involved in an accident on West Main Street near Bogue Avenue.

It's a minor, two-car accident with no injuries and it's not blocking traffic.

Batavia PD responding to take a report.

A two-car accident is reported at West Main and Lyon streets. One passenger is complaining of back pain. A State Trooper is on scene. City fire and Mercy EMS are responding.

UPDATE 12:39 p.m.: A second ambulance is dispatched to aid another person complaining of back pain.

UPDATE 1 p.m.: A man is being taken to UMMC after complaining of back pain. The other medic is back in service.

Jacquetta B. Simmons is the first person in Genesee County to be prosecuted under a law passed by the State Legislature in 2008 making it a Class D felony to assault and cause injury to a person 65 or older.

The legislation, called "The Granny Law" and sponsored by Speaker Sheldon Silver, was passed in response to a series of violent attacks on elderly people in New York City, including the violent mugging of a 101-year-old woman, Rose Morat, of Brooklyn.

Gov. David Paterson signed the legislation into law as part of a package of laws protecting seniors from "elder abuse," both physical crimes and scams.

As a felony, defendants charged under the subdivision of assault in the second degree face a possible state prison term of anywhere from 2 to 7 years, but, unlike higher-level violent felonies, a state prison term is not mandatory for a Class D violent felony.

That will leave room for a plea deal for Simmons, but the case is still very early in the process and District Attorney Lawrence Friedman said his office hasn't had the opportunity to review the evidence yet.

The case will eventually move from Town of Batavia Court to Genesee County Court. But before that happens, there needs to be either a waiver of a grand jury presentation or the case must be presented to the grand jury.

"We haven't received the case yet," Friedman said. "The next step is we get the file and review the evidence."

Based on a review of the evidence and the circumstances of the case, Friedman's office will determine how to proceed with the case.

Simmons is scheduled to reappear in town court Jan. 23.

The 2008 law will make the case somewhat easier to prosecute, Friedman said.

In a situation such as this, in order to sustain a charge of assault in the second degree, prosecutors were previously required to prove "serious physical injury." But the 65-or-older charge requires only that the prosecution prove that the suspect intentionally caused "physical injury" to a victim who is at least 65 years old and that the suspect is more than 10 years younger than the victim.

"We're grateful that this newer charge is there for a situation like this," Friedman said. "It gives us an advantage. We don't have to establish serious physical injury just physical injury. That lessens our burden."

Police have been dispatched to the Thruway overpass on Route 98 where a person is setting up a tripod and camera.

(For the record, it's not me -- though if somebody called police every time I set up a tripod and a camera I'd spend a lot more time talking with deputies and a lot less time taking pictures.)