batavia

City residents who own the breeds of farm animals listed on the newly adopted ordinance are being given a six-month grace period to find new homes for them, City Manager Rachael Tabelski says.

City Council approved a revised local law Monday evening that prohibits any city resident from owning, possessing or harboring the following farm animals:

• Cloven-hoofed
• Cattle
• Horses
• Sheep
• Goats
• Pigs
• Swine
• Llamas
• Alpacas
• Ducks
• Turkeys
• Geese
• Ponies
• Donkeys, Mules

Exceptions include being allowed to have a maximum of six chickens, as long as they are penned and maintained appropriately, with no accumulated feces, odors or related mess; special events with prior approval of an event application; and animals in transit to or from a veterinary facility or other destination out of city bounds.

“This ordinance shall take effect immediately after the date of passage and in accordance with law,” it states. “Residents with existing animals that are now regulated will have a six-month grace period before enforcement action will be taken.”

Since the city doesn’t have enough staff to physically check out every residence in the city, this ordinance will be enforced based on complaints about alleged offenders.

The resolution initially included feral cats on the list. However, a public hearing about the law brought out about 15 people to speak about that inclusion. Council members agreed to table a prior vote to further discuss the cat situation. The group later removed feral cats from the list.

 “So yes, it does not restrict feral cats in any way,” Tabelski said Tuesday. “The folks who came in to discuss feral cats were extremely informative. And I was glad to hear that they're still out there working in our community, and have plans to address any type of cat colonies and cat communities.”

During the meeting, advocate Todd Vaarwerk spoke on behalf of Independent Living of the Genesee Region and those with service animals. He noted that the resolution had not changed other than excluding cats, and was concerned that ADA rights were going to be violated.

“I implore you one last time to fix this error,” he said.

Anyone with a certified service animal who is protected by federal Americans with Disabilities Act stipulations will not be affected by the local law, City Attorney George Van Nest said during the meeting.

If someone complains about a neighbor, and that person has a documented service animal, the city’s code enforcement staff will verify it before issuing any penalty.

“We will be relying on any type of complaints to look and see if there is a violation and go from there,” Tabelski said. “There's other federal laws that supersede our ordinance, such as the ability of residents to have support animals, and we'll certainly understand and take that into consideration upon responding to any type of complaints.”

To read the resolution, go HERE.

Photo submitted of goats in the city that were part of a neighborhood's complaints to City Councilman John Canale, who brought the issue to council earlier this year.

It says right on the building, "Arts Council," but GO ART! Director Gregory Hallock has been concerned that people don't realize that Seymour Place at 201 East Main St. is a place anybody can come in and see art.

"I think a lot of people don't see our sign, and a lot of people still think we're a membership club," Hallock said. "Yes, we have members but you don't have to be a member to come in."

His solution: Install some works of art -- in this case, sculptures -- in the garden plots in front of the red brick building at the corner of East Main and Bank streets in Batavia.

Hallock and the GO ART! staff had become familiar with the work of Bill Schutt from his showing at the Ramble, what's on display at Eli Fish Brewing Co., his entries into an art competition there, and knew he worked in metal, which seemed like the perfect medium for sculptures placed outside the building.

It might come as a surprise to some that Schutt is an artist.  The Basom resident has been a volunteer firefighter for 32 years and spent a dozen years working for either Genesee County Emergency Management or Mercy EMS.

He often tinkered around the house, working with metal, installing bookshelves or other useful items for the house, often embellishing whatever he made with artistic touches. A few years ago he became inspired to make sculptures using scrap metal on his property.

He's recently branched out into making larger pieces, so the commission from GO ART! came at an opportune time to expand his portfolio.

Schutt's pieces are about "our shared humanity," he said.

The first one is a riff on a popular social media meme about the difference between equality and equity. In the meme, three people of different heights are shown standing on boxes, trying to see over a fence to watch a baseball game.  They're all on the same size box.  The tall person can see, the smallest person can't see at all. That is equality, according to the meme. When the boxes are restacked, so the tallest has no box, the medium-height person has one, and the shortest has two, all three can see.  The meme labels that configuration, "equity."

The second sculpture is of people in silhouette. Their faces look the same but they're all different based on hairstyle and the jewelry they wear.

"It's kind of a reminder that we are more the same than we are different," Schutt said. "We need to celebrate our differences and find our common humanity.  Art does that. It brings together all walks of life."

Hallock loved the work, he said.

"I didn't know what he was going to do, and I'm pleasantly pleased with the pieces," Hallock said.  "The message of equity and unity is there."

Submitted photos.

 

Ja'vin McFollins tossed two TD passes, including one in the closing seconds of the game for a come-from-behind victory on Saturday in Brockport to give the Batavia Blue Devils the Section V Class B championship.

Batavia beat Monroe 14-8.

The 19-yard TD pass to Vincent Arroyo left one second on the clock and Julia Petrie kicked her second point-after of the game.

Batavia scored first in first quarter on a McFollins to Cole Grazioplene 38-yard TD pass.

McFollins was 9-16 passing for 172 yards.  He was intercepted once.

Cam McCinic was the leading rusher with 66 yards on 16 attempts.

Grazioplene had three receptions for 85 yards and Arroyo snagged two passes for 58 yards.

Garrett Schmidt led the defense with 13 tackles and Avion Bethel had eight and McClinic six.  Schmidt also forced a fumble and a fumble recovery.

To view or purchase prints, click here.

Photos by Steve Ognibene

If you are the owner of this cat, or know who is, the light tan and cream feline has apparently been hanging out in the city's north side for quite some time, a concerned citizen says. Please contact joanne@thebatavian.com with any information you may have about this seemingly young, lost kitty in Batavia.

Submitted photo.

Zonta Club of Batavia-Genesee County had the first of its two-day Holiday Festival Saturday at Batavia Downs Gaming & Hotel. The event will continue from 10 a.m. to 4 p.m. Sunday at the venue, 8315 Park Road, Batavia.

This is the club’s 10th annual artisan and vendor marketplace, with at least 100 vendors, a visit from Santa Claus from 11 a.m. to 2 p.m., and a Buffalo Bills door prize.

Zonta Club of Batavia-Genesee County has a mission to enrich the lives of women and girls, and is dedicated to advancing the status of women worldwide through advocacy and action.

Photos by Howard Owens.

Genesee County veterans gathered today at the locations and landmarks associated with the local men and women who served the nation in times of war and peace.

The ceremonies started at 9 a.m. at Genesee County Park, where former Assemblyman Dan Burling was the keynote speaker and he celebrated the freedom that the men and women who served helped secure.

"We just had an election yesterday," Burling said. "And though it may not appear to be everything that we want it to be, it was a free election. It was a free election that was guaranteed by the men and women who have served this country over the years, over many, many, many years and still served today."

Other ceremonies were held at the VA Hospital, the NY State Vets Home, the Soldiers and Sailors Monument (Upton Monument), Trigon Park, the War Memorial at Jerome Center, and GCC.

"We're all brothers and sisters," Burling told the veterans in Bethany. "We all served together and anyone who puts the uniform on, who puts their hand on the Bible and swears that they will defend this nation is a friend of mine and a friend of everyone, so I want to thank you all, all my friends."

Photos from Genesee County Park, the VA Hospital, and the Upton Monument.  Photos by Howard Owens.

Dan Burling, middle.

Frank Panepento, a teacher at Batavia Middle School, Nathan Korzelius, middle school principal, and Danielle Bergman, assistant medical director of the VA Center.  Middle school students made wood blocks with a patriotic etching as a gift for veterans at the VA Center.

 

Artist and Batavia native Anthony Terrell was amongst friends and family during a showing of his paintings Thursday at Haxton Memorial Library.

Not just any paintings, this collection of six pastel-hued works was in memory of his sister Onnalee Berrios. “Amethyst Clouds Over Oakfield” was an appropriate title for each piece washed in shades of purples, pinks and blues.

The evening was about remembering Onnie, as he called her, and reconnecting family members, fellow artists, friends, and the Blue Devils' “60s Girls,” made up of 1960 Batavia High School graduates, which included Terrell’s sister Veronica.

Living in New York City, Terrell gets asked why he likes to come here to visit. Because people "people treat me nice," he said.

He would have been remiss not to make special note of one of those people who made an impact on his career, he said. His former high school art teacher Mary Tyler certainly deserves credit for her kind critiques.

Early on, she looked at Terrell's artwork and told him that he had a gift to pursue.

“It wasn’t good,” he said. “But she told me that, and I thought I was Picasso.

“And I gotta tell you, she was absolutely instrumental to where I am now. You know the work when you're that young, and you're trying to be an artist, you're generally copying Picasso, Modigliani, Monet, all the famous artists, you're trying to capture what they've done,” he said. “I wasn't capturing it, but she kept encouraging me, because, she said, ‘I think you have talent. I think you should stick to it.’ And those are the days that I was using old cans of house paint, and Red Devil paints that we used to paint our bicycles with, anything that we could get our hands on. And every time I give a talk about my artwork, I thank her because it was because of her.”

Tyler's influence still runs strongly through him, now as an accomplished NYC artist with Sphinx Works. As life goes, he discovered the "it's a small world" element in Batavia, by meeting someone who lives in Tyler's former home, and taking a tour while reminiscing about his late teacher. Her backyard was filled with all sorts of botanicals in gardens that seemed fitting for an art lover. She mentored him through encouraging words, he said. 

"Yeah, she took a liking to me. There were only three black students in the school. Me, my sister and Rick Thomas, who still lives in Batavia," Terrell said. " At the time, the Beatles just got started making it big in '63, and then the Rolling Stones and the Kinks ... Nixon had come in at '68, right after I graduated, but Kennedy really made a big difference. So the economy started getting a boost, because there's always a sense of promise, you know, from when Kennedy made his speech to Martin Luther King was coming, and so forth."

Being in only one of three African American families wasn't always easy, he said. At one point, his parents wanted to buy a particular home in the city, but Batavia was "very conservative, and it was not pro-African Americans at all," he said. 

"The neighbors, our neighbors, put up a petition saying that 'tell the owner that the neighborhood did not want blacks living in their neighborhood,' even though we were well respected. And we were forced to get a house when we looked and looked and looked, and looked again," he said. "But when they see your color, even Batavia ... we ended up getting 14 Lehigh Avenue, which is a house that nobody wanted because it was next to the railroad tracks."

He attended Jackson Elementary at that time, and then, when in the former Junior-Senior High School on Ross Street, he wasn't considered one of the smart kids. He didn't like science and math, but teachers wanted kids to pass, so they would offer different levels of studies, Terrell said. He enrolled in shop class. and it was there that he met Mary Tyler.

"I didn't really know her, but I liked being around the easels. And it wasn't math and it wasn't science, which I never was good at in high school," he said. "I just literally fell in love with Mary Tyler. She encouraged me, so I haven't forgotten my roots."

Sounds just like his sister Onnie. His late sister was supportive, understanding, and a guiding force to help a young boy navigate through small-town ways and limited rural opportunities.

“I loved coming over to her house. And the pictures which I’m going to talk about, are a reflection of that,” he said to the group of about 25 attendees. “If you could connect with a person that would kind of keep you straight on the path, as she did, it was very beneficial to me.”

Not long after graduating from BHS in 1967, Terrell went to live in California for a few months before returning to work at Doehler-Jarvis in Batavia. In April 1969, while many of his classmates had gone on to college, which Terrell’s family couldn’t afford, he was drafted into military service. It was during the Vietnam era, and he still remembers reporting for duty on the second floor of the former Mancuso’s Theater on Main Street.

He and his fellow recruits were processed, put on a bus, issued ID “dog” tags and then sent by plane to Fort Dix, NJ. He served in the Army until May 1971, and returned to a job saved for him by Doehler. "I got a promotion," he said, going from melting down assorted metals — a hard, sweaty job — to making casts for Briggs Stratton lawnmowers and General Motors car parts. Business was booming at the time, he said, thanks to a special steering column part called a saginaw, which Doehler made for GM.

Still, it wasn't really a fulfilling job, so he eventually decided -- with some insistence from his mom -- to get out of town. He packed up for NYC in January 1972. His brother Francis was attending law school there.

"It was a very cold morning, very cold," he said. "My mother had called my brother and told him to 'get your brother a job.'"

Terrell learned his way around, taking his first subway and having “no idea where I was going.”

“I was really naive," he said. "It was really frightening for me."

He did get a job by the end of his first week and stuck it out for a year before quitting and getting another job for a dry cleaning service. He also met his wife at that first place that dealt with stocks and bonds. Gwendolyn worked in the legal department, and it must have been meant to be: they have now been married for 50 years.

She was one of the people he thanked during the reception, attributing her patience and support for his longtime success as a full-time artist. 

He ran through his thank-yous, which included his mother, who brought him into the world, and Oakfield resident and former art teacher Terry Kolb, who helped to organize the reception. Terrell then reviewed each piece of his collection in memory of Onnie, who died in 2003 at age 64.

He recalled how they would sit in rocking chairs with their feet up on the porch railing, going back and forth while enjoying the time together. Each scene and related memory depicted a strong brother-sister bond.

Terrell described how some unknown inspiration prompted him to put masking tape over his initial pictures, in varying directions for an illustration board. Once knowing that, the novice observer can note how the paintings have geometric movement of lines within a sea of pastel colors.

All of it was for his beloved sister, “because I love her and I miss her,” he said.

“But she’s still in my heart,” he said.

For those that missed the debut Thursday, Terrell’s pieces will be at the library from 9 a.m. to noon Saturday.

Learn more about Onnalee Berrios HERE.

Top Photo: Batavia native Anthony Terrell, now of New York City, talks about the paintings he created for his late sister during a reception Thursday evening at Haxton Memorial Library in Oakfield. Photo above is of Terrell with Terry Kolb of Oakfield. Photos by Joanne Beck.

For more than two decades, a 52-acre island of farm field behind Walmart and The Home Depot and off Lewiston Road has been designated for commercial development.

Tractor Supply is proposing a new store at 8727 Lewiston Road that will occupy 5.08 acres of the farm field, which is currently owned by the Call family and farmed by MY-T Acres.

The new store will replace the Tractor Supply store at 4974 East Main Street Road, Batavia.

Commercial real estate broker Tony Mancuso, who is assisting in the development of the project, said  Tractor Supply is looking to move into a larger, more modern, more efficient building.

"They rent that building," Mancuso said. "They will own this building."

Mancuso and his father were involved with developing Veterans Memorial Drive, starting with Walmart, so he knows the history of the property.

"This has been zoned for this kind of development for over 20 years," Mancuso said. "When we did the other development, we put a road roadway up by the highway to come behind Home Depot and down (to Lewiston). So this has been on the books for 20 years so it was the logical place to go."

The developer will be Hix Snedeker, with engineering by Dynamic Engineering with legal representation for the permitting process by Hopkins Sorgi & McCarthy.

The project was presented to the County Planning Board on Thursday night and the board voted unanimously to recommend approval of the project with the following modifications:

• The applicant obtains a permit for the new road and intersection from the Department of Transportation;
• The applicant completes a Stormwater Pollution Prevention Plan and obtains a Stormwater Permit from the Department of Environmental Conservation;
• Given that the project is located in an archaeologically sensitive area, the applicant obtain a permit from the State Historic Preservation Office.

"With these required modifications, the proposed store should pose no significant county-wide or inter-community impact," the Planning Department said in its memo recommending approval with modifications.

The driveway into the project will take the same route as the planned roadway through the 105-acres of farmland and will be dedicated to the town so that it can eventually be part of the roadway that connects to Veterans Memorial Drive, coming out on the north side of The Home Depot. It will be up to the developer of any new commercial space on the remaining land to complete the road.

Mancuso said the same process was used when Walmart was built, with the start of Veterans Memorial Drive initially serving just Walmart.

Attorney Peter Sorgi said he expects the Calls to continue farming the undeveloped portion of the property, which they will continue to own.

The project will be considered by the Town of Batavia Planning Board at its regular meeting at 7 p.m. on Tuesday in the Town Hall.

With Tractor Supply vacating its location on East Main Street Road, it will add to the inventory of empty commercial buildings on the east side of town, which includes the former CountryMax location and the unoccupied gas station and convenience store on East Main.

Mancuso said not to worry.  He expects announcements soon about new tenants for those two vacant buildings and he already has two potential tenants interested in the Tractor Supply building.

"I don't like to see empty buildings either," Mancuso said. "So I'm trying to work it out as fast as I can."

 

Press Release:

The major fundraiser for the Batavia Rotary Club is underway, and once again a Corvette or $50,000 is the prize. 

"This is the major fundraiser that allows our club to make so many contributions to the community, such as $18,000 in college scholarships to area students each year," said President John McGowan.

Rotary is also contributing $250,000 toward the Healthy Living Campus under construction on Main Street, a joint project for the YMCA and United Memorial Medical Center.

Most recently, Rotary has offered a $150,000 matching pledge for the renovation of the local hospital's Intensive Care Unit, McGowan said.

Rotary's motto is Service Above Self, he explained.  Rotarians actively engage in projects to improve the local community. 

"Fundraisers like this Corvette event are critical for helping us help others," said Lisa Ormsbee, who co-chairs the event with Laurie Mastin. 

In addition to the grand prize, there are 10 additional prizes of $500 each, Mastin explained.

Only 4,500 tickets are sold.  The drawing will be Jan. 21, 2023, at 7:30 pm live on Facebook.

Persons interested in purchasing tickets may go to www.bataviarotaryraffle.com or contact any Rotarian. 

Photo: Lisa Ormsbee and John McGowan. Photo by Howard Owens.

The ladies of St. James Episcopal Church have been busy baking cookies to sell on Friday to benefit Ukraine. The sale at the church runs from 10 a.m. to 6 p.m. -- or until the cookies are all gone.

Submitted photo and information.

Andrew J. Draper is indicted on a count of falsifying business records in the first degree, a Class E felony. Draper is accused of signing a fraudulent bill of sale on June 22 at Pawn Kings on Veterans Memorial Drive in Batavia. He is also indicted on counts of criminal contempt in the first degree, a Class E felony, and harassment in the second degree, a violation.  Draper is accused of violating an order of protection and taking physical action against another person on June 17 at a location on Miller Avenue, Batavia.

Andrew A. Searight and Jerrotonia A. Scarbrough are indicted on two counts of aggravated cruelty to animals under Section 353-a(1) of the Agriculture and Markets Law, a felony.  Both are accused of intentionally killing and causing physical injury to two dogs on May 10.

Dustin M. Locicero is indicted on counts of falsifying business records in the first degree, a Class E felony, burglary in the third degree, a Class D felony, and petit larceny, a Class A misdemeanor. Locicero is accused of signing a fraudulent bill of sale at Pawn Kings on Veterans Memorial Drive, Batavia, on April 26.  He is accused of breaking into a garage on Broadway Road, Darien, on June 5 and stealing a power nailer, an orbital sander, and a battery charger.

Aaron T. Hendershot is indicted on two counts of criminal mischief in the second degree, a Class D felony, and one count of obstructing governmental administration. Hendershot is accused of damaging a City of Batavia patrol vehicle on Sept. 11 and of damaging the tires of a vehicle belonging to a local resident on Sept. 10. He is also accused of intentionally obstructing a public servant from performing an official function on Sept. 11.

Ajie J. Smith-Ezell is indicted on a count of assault in the second degree, a Class D violent felony. Smith-Ezell is accused of intending to cause serious injury to another person and causing serious injury to that person on March 12 in the City of Batavia.

Marcella F. Greene is indicted on a count of driving while impaired by drugs, a Class E felony, of reckless driving, a misdemeanor, and criminal possession of a controlled substance in the seventh degree. Greene is accused of being impaired by drugs while operating a 2003 Dodge on East Main Street and North Spruce Street, City of Batavia, on April 22.

John Saddler, Jr. is indicted on counts of aggravated family offense, a Class E felony, and criminal contempt in the second degree, a Class A misdemeanor. Saddler is accused of violating a court order at 2:33 p.m. on July 10 in the City of Batavia.

Todd A. Kendall is indicted on a count of failure to verify as a sex offender, a Class E felony. Kendall, a registered Level 2 sex offender, is accused of providing a current photograph of himself to authorities in a manner and within a time period required by law.

John C. Hoogasian is indicted on a count of grand larceny in the third degree, a Class D felony. Hoogasian is accused of stealing a 2018 Chevrolet Silverado pickup truck from a location on Oak Orchard Road, Elba, on Sept. 29, 2021. He is also indicted on a count of bail jumping in the second degree, a Class E felony. He is accused of failing to appear in Town of Oakfield Court as ordered as part of a criminal proceeding.

Arthur J. Brown is indicted on a count of failure to register a change of address as a sex offender, a Class E felony. Brown is accused of failure to register a change of address within the required 10 days as a registered sex offender.

Ledeja K. Wright is indicted on counts of burglary in the second degree, a Class C felony, criminal mischief in the third degree, a Class E felony, and criminal tampering in the third degree, a Class B misdemeanor. Wright is accused of entering a residence on Holland Avenue, Batavia, on June 15 with the intent to commit a crime inside the residence. Wright is accused of damaging a television and stereo inside the residence. Wright is also accused of damaging property of another person with the intent to cause substantial inconvenience to another person.

Jeffrey D. Hall is indicted on a count of sexual abuse in the first degree, a Class D violent felony. Hall is accused of subjecting another person to sexual contact by forcible compulsion on May 24 at a location in the City of Batavia.

Joseph D. Krug is indicted on a count of grand larceny in the fourth degree, a Class E felony. Krug is accused of stealing property with a value exceeding $1,000 from a location in the Town of Batavia on Feb. 16.

Jamie M. Cyr is indicted on a count of promoting prison contraband in the first degree, a Class D felony. Cyr is accused of possession of suboxone while confined to the Genesee County Jail on April 16.

Press release:

The 37th Health and Humanitarian Award of Genesee County will be presented to Peter Zeliff of Batavia on Friday, Dec. 2, at an awards luncheon at noon at Terry Hills Restaurant. The award presented by The Jerome Foundation recognizes volunteer men and women of Genesee County who have helped promote the emotional, physical and spiritual well-being of the area’s residents.  Nominations reflected “ordinary people who reach far beyond themselves to the lives of those in need, bringing hope, care, and friendship, and helping build a stronger, healthier community.”

In naming Mr. Zeliff for this year’s award, the Jerome Foundation will recognize him for his many volunteer efforts.  He developed the WNY Aviation Adventure Camp for high school students interested in the field of aviation. He is spearheading an effort to bring back in 2023 the Wings Over Batavia airshow. Pete also has served on the Board of Directors of many local organizations.  Currently, he is Chairman of the GCEDC Board and serves on the UMMC Board of Directors. He also volunteers for Wings Flights of Hope, Veteran’s Air Lift Command and the Special Olympics Airlift.  In addition, he has supported multiple charitable causes in our community, including but not limited to, ARC, Crossroads House, CASA, ARC, GCC, Genesee Cancer Assistance and the Ricky Palermo Foundation. 

In nominating Pete Zeliff for this award, Paul Battaglia stated that “in his own quiet way, Pete has been involved in numerous events that have as their sole purpose the betterment of the people of our county.  Perhaps one of Pete’s largest contributions to our community has been his involvement in the development and capital campaign for the Healthy Living Campus.  He has spent countless hours working on the planning and fundraising for this project.”

In his letter of support for Peter Zeliff, Ricky Palermo wrote that “Pete if a person who gives selflessly of his time, talents and treasures to our community.  He has flown many at his own expense – including me – in need of medical care to other states so they can receive necessary treatment. Pete has dedicated his life to helping those in need and giving back to our community.”

The Health and Humanitarian Award luncheon is open to the public.  Tickets are $25 and maybe purchased by mailing a check to The Jerome Foundation, PO Box 249, Batavia, New York 14021. For information call Chris Fix at 356-3419 or by email to thejeromefoundation@gmail.com.  Seating will be limited so early reservations are encouraged by Nov. 24.

Photo: File photo by Howard Owens

A child sex predator said he was sorry today, but Judge Melissa Lightcap Cianfrini wasn't completely sold on his remorse.

Then when predator Wesley Thigpen refused to sign an order of protection to acknowledge that he had been served with it, that was almost more than the judge's patience could tolerate.

"That just shows me the kind of person you are," Cianfrini said. "Don't sign it. I don't care. I'll send the order to DOCs (the Department of Corrections), and your refusal to sign it is in the transcript. When they see it at a parole hearing, they can see how you acted." 

The 42-year-old Thigpen entered a guilty to predatory sexual assault against a child, a Class A-II felony, on Oct. 24. The plea agreement capped his sentence at 10 years to life.

"I took the plea deal because I wouldn't want to make them (his victims) go through a trial and have them traumatized again," Thigpen said during a lengthy statement that was supposed to be directed to the court but often used personal pronouns as if he was addressing his victims.

He had been previously warned by Cianfrini not to address his victims.

In his statement, Thigpen acknowledged that his victims and members of their family do not believe he is remorseful. He said he is.

"Breaking people's trust in you at such a massive level, of course they do not have faith in anything you say," Thigpen said. "I do have remorse. I am ashamed, and from day one, I've admitted it.  I didn't hide. 

"I understand the pain I caused," he added. "I am ashamed and sorry."

In 2019, while entering a guilty plea on sexual abuse charges, Thigpen called the statements against him attributed to one of his victims "(expletive) lies" after hearing the evidence the people would present against Thigpen if the case went to trial.

Today, Thigpen was less belligerent, saying he hoped his victims would find peace. 

"The shame is not with you," Thigpen said. "I understand it's embarrassing and I sympathize but the shame is not with you. You have done nothing wrong. There is nothing you did that caused this to happen. It's not your fault at all."

He added, "It's not on you. It's on me. The embarrassment and shame that I caused is on me."

It was at this point that one of the victims left the room in tears and members of her family followed.

First District Attorney Joseph Robinson objected to Thigpen's statements, pointing out that he had strayed from addressing the court to addressing the victims directly. 

Thigpen tried to explain that he was just trying to tell the court what he would say to his victims if given the chance.

Two victims spoke in court this morning, as well as their mother. 

"I'm torn to pieces," one of them said. "You made a mess of my life. The trauma affects my regular daily life. I am stuck trying to retain any relationship in my life. I can't keep a steady relationship.  It's affected me, and lately, I don't feel normal. I wish I could live a normal life."

She said she feels shame and she feels cheated.

The other victim to speak said, "it's hard to make friends with other kids and have a normal life at school.  I can't ever live a normal life and I carry this sick, dirty feeling with me.  It's hard for me to have a romantic relationship. I struggle with my body image and self-worth."

She said she's being treated for depression and is in counseling.

But she also said she has come out of the experience a strong and independent woman.

"I will never let another person hurt me the way you did," she said.

Their mother said, "My kids will never be the same because he took their childhood away.  I struggle every day because of the terrible things he did to them."

Robinson said Thigpen deserved a long prison sentence so he would have time to think about what he did.

"He stole from them not just their innocence. They will likely have this memory for the rest of their lives. They will have this memory no matter how many years he's in prison. They will move on with their lives, maybe start families, maybe have loving families, but that memory will always be with them no matter what happens."

Cianfrini had her own lengthy statement when it came time to explain her sentencing decision.

First, she addressed the victims, only she didn't call them victims. She called them survivors.

"That's a very strong thing to be in this world, a survivor," Cianfrini said. 

She said they can move on with their lives.

"You have survived something that is unsettling, but you can rise above it because you are strong. You are altruistic. You are smart. It's all of those things that are going to carry you forward in life and I believe you will have a positive impact on our society."

As for Thigpen, Cianfrini said, "Now you, Mr. Thigpen, you are poison. You are the worst kind of poison."

She added, "Sexual abuse is a poison that goes through society. It goes through whole families."

She reminded him that he had been a victim of sexual abuse and that he should know what it does to people, "and you did it anyway."

She recalled that at his hearing where he entered his guilty plea, he "tried to back peddle." 

She said he likes to write letters and told him to stop trying to write letters to third parties in order to communicate with "the survivors." 

"It's not legal," she said.

She noted that one of the victims left the room while he was making his statement and said that was because he doesn't know how to regulate his speech and understand its impact on other people. 

"You went too far and that's what you do," Cianfrini said. "You always go too far."

After Cianfrini reprimanded Thigpen for his refusal to sign the order of protection, she pronounced sentence.

Ten years to life.

Then Thigpen tried to address the court.  Cianfrini told him, "You've had your opportunity to speak." He tried again. She said, "no." Then she stood up and walked out of the chamber before corrections officers removed Thigpen from the court to return him to prison. Maybe for the rest of his life.

A vehicle has reportedly struck a pedestrian in the area of 9430 Alexander Road, Batavia.

The pedestrian has a possible leg injury and is conscious and alert.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 3:53 p.m.: The patient was struck by a door that came off a motor vehicle that was involved in a motor vehicle accident. He is being transported to UMMC.

One of the two people charged with aggravated cruelty to animals for allegedly abandoning a pair of dogs in an apartment on Bank Street entered a not guilty plea in County Court today.

It was the first appearance in County Court for Andrew A. Searight, 35, following his Grand Jury indictment on the two felony counts under New York's Ag and Market Law, section 353-a(1).

His codefendant, Jerrtonia A. Scarbrough, 24, who was also indicted, is being prosecuted separately.

They are accused of abandoning two Pitbulls in apartment 60 at 337 Bank St., Batavia. The two animals were found malnourished and covered in feces in their cages inside the apartment on May 10, according to witness statements.

The male Pitbull recovered while the female Pitbull had to be euthanized. 

Searight was ordered to return to court at 10 a.m. on Jan. 3, for a preliminary conference in his case, with oral arguments on any motions in the case set for 9:30 a.m. on Jan. 24.

Previously: One of two Pitbulls found abandoned in apartment in good health while mate had to be put down

A group of poll workers was surprised Tuesday evening by a voter who brought them doughnuts at Richmond Memorial Library in Batavia.

He wasn’t just any voter, though: it was a first-time occurrence for Eric Waldmiller, he said.

“At first I thought that it’s too late and I’m not going to vote,” the 22-year-old said outside of the polling site on Ross Street. “I haven’t been into it too much. I was working and one of the customers told me the polls close at 9, so I thought I have some time to do it for once.”

In the past, his work schedule seemed too busy for Waldmiller of Batavia to take time to vote, he said. He has been keeping up on election candidates — for better or worse — through ads on social media and television, he said.

Admittedly, he has possibly taken this right to vote for granted, he said, but found it was worth the effort. He plans to vote regularly from now on, he said.

“It was definitely moving, for sure,” he said. “It was my first time, I was kind of nervous. Everyone was nice and kind, they showed me what to do. It was easier than I thought.”

He figured it had been a long day for the workers, so he decided to bring them some doughnuts. His job at a local doughnut shop made it an obvious choice, he said.

“I thought it would be a nice treat for them,” he said.

The poll workers were pleasantly surprised by the sweets toward the end of their long shift. Voting had been steady throughout the day, one worker said.

Photo of Eric Waldmiller outside of a polling site Tuesday evening at Richmond Memorial Library in Batavia. Photo by Joanne Beck.

While Genesee County was certainly bleeding red Tuesday, it apparently wasn’t enough to get the job done for the big-ticket candidates during the general election.

Although the Associated Press and political pundits weren’t ready to call the race for state governor by midnight, Democrat incumbent Kathy Hochul was proclaimed the winner an hour later with a vote of 2,869,712 (52.9 percent) to Republican Lee Zeldin’s 2,52,639 (47.1 percent) as the early morning hours wore on.

Locally, though, Republicans pushed Zeldin up by a vote of 12,800 (plus 2,349 for the Conservative line) to 5,534 for Hochul (plus 423 on the Working Families line).

Republicans also outweighed the Democrat vote for state comptroller, with Paul Rodriguez ahead with 11,580, plus 2,233, versus Thomas DiNapoli’s totals of 6,146 plus 739. DiNapoli was declared the victor with 3,117,435 votes and 56.6. percent versus Rodriguez's 2,385,818 and 43.4 percent of the votes.

Once again, the red charged in for the U.S. senator position, giving challenger Joe Pinion 11,833, plus 2,261 votes to nearly half that for incumbent Charles Schumer, with 6,059 and 622 votes. The AP did call this race earlier nationally, with a total of 2,953,686 (56 percent) for Schumer and 2,264,936 (43 percent) for Pinion. Third candidate Diane Sare captured 1 percent of the vote with 52,717.

The only contested local race of Darien Town Justice gave the seat to David Overhoff with 1,085 votes to Michelle Krzemien’s 279. Genesee County Democratic Chairman Michael Plitt didn’t feel this race was contested, as Krzemien did not run a campaign, he said.

Plitt was glad and confident — even two hours before it was officially called — that Hochul would retain her governor’s seat.

“I think she's been a great friend to Genesee County. That is definitely a bright spot,” he said. “I also want to thank the poll workers for putting in, you know, a hard day's work; they do a great job, Democratic and Republican poll workers in Genesee County.”

He also gave a nod of appreciation to Daniel Brown and Steve Holden for being part of the Democrats' candidate pool in their races for state Senate and U.S. Congress, respectively.

A local proposition for Alexander voters about whether to keep the transfer station or not was approved.  Should the Town of Alexander continue to operate the Town Transfer Station? Yes, by a vote of 820 to 188 no votes.

Although Genesee County voters vetoed the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 by a vote of 11,407 to 8,706, that statewide climate change act passed by more than 70 percent of the voters, or 2,351,738, to 987,830 no votes.

Republicans’ power did shine through on a few races, including that of state Assemblyman Steve Hawley, with local votes of 13,753 and 2,513 to 4,455 for challenger Jennifer Keys; 12,443 and 2,291 for state senator candidate George Borrello versus 5,408 for Democrat Daniel Brown; and 12,492 and 2,318 for Claudia Tenney versus 5,623 for Steve Holden for the Congress seat.

Hawley, who received 77 percent of the vote statewide, was happy with the amount of voters out there, gave credit where it was due and expressed his dismay with the current governor’s focus while campaigning and in office.

“I’m always very, very pleased when people exercise their right to vote, that have input into who their elected representatives could be, whether in local races, or in state races or nationally,” Hawley said as Vice Chairman of the Genesee County Republican Committee at election headquarters at Terry Hills in Batavia. “It was a high turnout across the state of  New York, and I think that bodes well for our republic and this nation, and dictates the direction of where our republic wants to go.

“I think that, frankly, I work with folks all over the state of New York, and downstate the number one issue is crime and public safety, and upstate, which is everything north and west of Westchester County, inflation is number one, and crime is number two. I think Mrs. Hochul, who represented this area, is from this area, really has gotten the wrong direction from the folks who live in New York City. From my point of view, she’s literally turned her back on her hometown folks, and I’m not quite sure that folks that are elected to office ought to be doing that.”

He realized at that point in time that it was still too early to tell for certain who won the governor’s race, he said, but he believes that “we need to see a dramatic and drastic change from the direction that we’ve been seeing out of Albany.”

As for his own campaign, Hawley has no specific strategy other than walking the walk every day, he said.

“I try never to concentrate on a particular race every two years, I try to represent people 365 every single year I’m in office. So I don’t do anything differently in an election year than in a nonelection year,” he said. “I try to concentrate on the things that are important: inflation, the high cost of living, the erosion of the retirement living that folks thought that they’d have, we all know about gas, we all know about groceries, we’ll soon know about home heating, it’s soon to go through the roof.”

Being a family-oriented community here, with family values, he also believes that it’s important to adhere to the Second Amendment and that elected officials respond to the needs of their constituents. A cashless bail system is also leading to higher crime rates, he said.

Taking care of people “from cradle to grave” comes at a price — this state’s hefty budget, he said — and the cost is getting too steep.

“We need to get back on track,” Hawley said.

Shortly before midnight, Congresswoman Claudia Tenney released a statement about her win Tuesday night. Her camp was touting a lead of 38,000 votes, or 27 percent more than her opponent.

“I sincerely thank the voters of New York’s 24th Congressional District who have put their faith and trust in me,” Tenney said in the written statement. “I also thank my opponent for running a spirited race. I am so honored that our campaign was a grassroots movement driven by volunteers from across the 24th District. Republicans, Democrats, and Independents from the North Country and Central New York to the Finger Lakes and Western New York all came together to change the direction of (this) country and restore principled leadership to Washington.

“I will not let them down as I continue my fight to support our small businesses, family farms, and seniors,” she said. “I will always be a tenacious and compassionate advocate for our region in Congress.” 

Election results are considered unofficial until all votes, including absentee ballots, are tallied.

Photos of State Assemblyman Steve Hawley (R,C), as he awaits results at Republican headquarters Tuesday evening at Terry Hills in Batavia. Photos by Howard Owens.

Ricardo Castillo

Ricardo Castillo, Jr., 39, of Oakfield, is charged with rape 1st and rape 3rd. Castillo was arrested in connection with an alleged crime reported on Oct. 26 in the Town of Sheldon.  He was arrested as the result of a joint investigation by the Wyoming County Sheriff's Office and the Genesee County Sheriff's Office.  Castillo was arraigned in the Town of Warsaw Court and ordered held on $100,000 bail, $200,000 bond, or $400,000 partially secured bond. Previously: Oakfield man accused of multiple counts of rape and criminal sexual act

Jacqueese Wapnieski

Jacqueese X. Wapnieski, 19, of Batavia, is charged with burglary 2nd, criminal mischief 4th, grand larceny 4th, and criminal possession of stolen property 4th. Wapnieski is accused of breaking into a house on Tracy Avenue, Batavia, at 3:04 p.m. Oct. 31. He allegedly caused damage to the house and stole various household items. He was arraigned in City Court and released under supervision. 

Stephen E. Pike, 26, of Pavilion, is charged with strangulation 2nd and criminal mischief 4th. Pike was arrested on Nov. 2 in connection with an incident reported at 2 a.m. Aug. 6 at a location on Liberty Street. He was arraigned in City Court and ordered held without bail.

Eric Peter Doleman, 52, of West Main Street, Batavia, and Curtis Williams, 56, of Pearl Street, Batavia, are charged with promoting prison contraband 2nd and conspiracy 6th. Doleman and Wiliams are accused of conspiring to have Williams smuggle in a $20 bill into the Genesee County Jail and pass it to Doleman during a visitation. Both were issued appearance tickets.

Jason H. Freeman, 41, of Batavia, is charged with failure to appear. Freeman was arrested on a warrant on Nov. 2, arraigned in City Court, and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Tamera A. Innocent, 25, of Dansville, is charged with harassment 2nd. Innocent is accused of striking a man in the face with a closed fist during an argument at 2 a.m. Oct. 30. Innocent was issued an appearance ticket.

Joanne Jones, 53, of Buffalo, is charged with harassment 2nd. Jones was allegedly involved in a disturbance at a residential facility on East Main Street at 9:51 p.m. Oct. 29. She was released on an appearance ticket.

Nolan Robert Powless, 25, of Pearl Street, Medina, is charged with petit larceny. Powless was arrested on a warrant issued in the Alabama Town Court. He was processed at the Genesee County Jail and released on his own recognizance. 

Tyler M. Thomas, 30, of Batavia, is charged with petit larceny. Thomas was arrested by State Police at 7:51 p.m. Nov. 4 in the Town of Lockport. He was released on an appearance ticket. No further information released.

Michal A. Casterline, 66, of Anderson, Ind., is charged with DWI and driving with a BAC of .08 or greater. Casterline was stopped by State Police at 7:21 p.m. Nov. 2 in the Town of Darien. He was released on an appearance ticket.