batavia

A Batavia woman accused of issuing unauthorized checks to herself from her employer's business account, will serve five months in a halfway house and five months in home confinement, a federal judge in Buffalo ruled today.

Deborah Dutton, 55, must also pay $85,000 in restitution to her former employer. 

Dutton previously admitted to forgery for falsely issuing checks to herself from 2007 to May 2010.

During sentencing, prosecutors noted that Dutton had a prior theft conviction in 1984.

Her defense attorney said Dutton has started the restitution process by selling a collection of dolls. She will also put her home up for sale.

Ronald L. MacGregor, 42, of 66 Lake St., Le Roy, is charged with criminal possession of a forged instrument, 2nd. MacGregor was arrested following an investigation by Le Roy Police into an allegation that MacGregor entered a local pharmacy possessing a forged or altered prescription script and passed it to pharmacy staff. MacGregor was jailed on $3,000 bail.

Martin Fitzgerald Jones, 40, of West Main Street Road, Batavia, is charged with petit larceny. Jones was arrested on a warrant out of city court.

Dwayne William Brown, 25, of North Main Street, Holley, is charged with DWI, driving with a BAC of .08 or greater, speeding (90 mph in a 55 mph zone), passing in a no passing zone, operating out of class. Brown was stopped at 2:53 a.m. Saturday on Route 33, Stafford, by Deputy Frank Bordonaro. Bordonaro allegedly observed Brown riding a motorcycle on Route 33 while going 90 mph.

Joseph Thomas Bortle, 39, of Knowlesville Road, Oakfield, is charged with petit larceny and criminal possession of a controlled substance, 7th. Bortle is accused of trying to shoplift $26.97 in batteries from Kmart. During the investigation, Bortle was allegedly found in possession of a narcotic analgesic pill for which he didn't have a prescription.

Jordan Gerard Merica, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana. Merica was stopped on Route 77, Darien, for alleged traffic violations at 4:40 p.m. Friday by Deputy Patrick Reeves. 

Brian Patrick O'Grady, 46, of Lyman Road, Bergen, is charged with driving while impaired by drugs and alcohol. O'Grady was allegedly involved in a property damage accident on Dublin Road, Bergen, at 11:45 p.m. Sunday. O'Grady allegedly left the scene of the accident and was located at his residence a short time later.

Elizabeth Ann Lindner, 24, of West Main Street Road, Batavia, is charged with forgery, 2nd. Lindner is accused of passing a forged check.

A 22-year-old Batavia resident was hospitalized early this morning after being struck by a hit-and-run driver on Central Avenue in the city.

Police are asking people with information about the car and driver to call 345-6350.

Luis A. Mercado was listed this morning in stable condition at Strong Memorial Hospital.

At about 1:36 a.m., Mercardo was walking on Central when he was struck by a white sedan.

The car reportedly has a loud exhaust and is possibly a Dodge Stratus. It sustained front end damage and most likely a broken windshield.

A South American-based dairy processing company will get $767,096 in tax incentives to help the company establish a new yogurt factory in Batavia, the Genesee County Economic Development Center announced.

The incentive package for Alpina Products includes a property tax abatement, a sales tax exemption and a reduction of mortgage taxes.

GCEDC announced in April that Alpina agreed to become the first tenant for the Genesee Valley Agri-Business Park off Route 5 in Batavia.

The plant, when completed, is expected to add 50 jobs to the local economy and if successful, Alpina officials said they would expect to expand their operations in Batavia.

More than half of the tax incentive package comes in the form of a PILOT (payment in lieu of taxes) arrangement that will reduce the amount of anticipated property taxes paid by Alpina by more than $458,000 over 10 years.

Alpina will pay property taxes on the current assessed value of its 10-acre facility, but because building the plant will increase the land's value, Alpina will get a break on that increased assessment for 10 years. During the first five years, Alpina will pay no taxes on the difference between the current assessed value and the new assessed value. Starting in year six through year 10, Alpina will pay 50 percent of the increase in additional taxes, and pay 100 percent from that point forward.

The sales tax exemption of $260,000 will be on construction materials and office equipment, but not manufacturing equipment.

The mortgage tax exemption is $48,750.

The anticipated economic benefit to Genesee County is expected to exceed $30 million over 10 years.

Alpina will invest $15 million to purchase the 10-acre parcel and construct the plant.

In other GCEDC news, Wellsville Carpet Town at 3990 Call Parkway, Batavia, will receive a $14,375 mortgage tax exemption to help the company refinance its current $1.5 million real estate loan. GCEDC says the abatement will help retain 45 jobs in the county.

Here's a press release from the Muckdogs.

The Batavia Muckdogs, Genesee County’s only professional sports franchise, have released their 2011 promotional schedule featuring fireworks, giveaways, special events, theme nights and daily promotions.

The fun will kick off two days prior to Opening Day with the 2nd annual pre-season “Pep Dog Rally” on Wednesday June 15th starting at 6 p.m. This free event will be fans’ first chance to meet this year’s team. The night will feature games for the kids, local mascots, and prizes and raffles throughout the night.

A particular highlight of the evening will be a wiffle ball homerun derby that anyone can participate in. Fans can sign up to participate as they enter the ballpark and we will pick, at random, four children and four adults to participate. These participants will compete in a wiffle ball homerun derby on the field. Prizes will be awarded to the winners.

The Muckdogs will again offer fans a daily menu of money-saving promotions available throughout the season.

The Daily News will continue to sponsor Muckdog Mondays. Every Monday home game, fans can receive a $1 discount off a General Admission ticket when they redeem a coupon that runs in the Saturday edition of The Daily News.

On Tuesday nights, KRAFT Singles presents KRAFT Singles Tuesday Night Tickets. Fans can bring a KRAFT Singles wrapper to the Muckdogs box office for a buy one - get one free ticket from KRAFT Singles. Visit kraftsingles.com for more details.

The Family Four Pack will take place on every Wednesday during the 2011 season and is presented by M&T Bank. Fans can purchase four general admission tickets, four hot dogs, four 12 oz. sodas and a 2011 program for only $30, a savings of $14.

Thursday features a new addition to the lineup. This year, every Thursday home game, the first 100 kids will eat for free courtesy of The Williams Law Firm. Each child will receive a coupon for a free hot dog, soda and snack item.

Fireworks will again light up the sky after every Friday night game at Dwyer Stadium, as well as on the annual Independence Day celebration on July 4th. Every Saturday will feature a pre-game concert in the concourse.

These “Rock the Ballpark” events feature Papa and Mama Root, an oldies rock-and-roll tribute band, and original music recording artists. They are presented by: Tim Horton’s of Batavia; New Buffalo Impact; LowPriceChoice.com; and Energy Efficiency Training Center. All performances begin at 6 p.m. and are weather permitting.

At Sunday home games, kids can run the bases with Homer after the game courtesy of Bob Evans Restaurant in Batavia. Every child who runs the bases with Homer receives a free coupon to Bob Evans Restaurant. Also on Sundays, the Muckdogs have partnered with HCR Home Care and the Batavia Bus Service for a Sunday Senior Bus Service. This will provide free transportation from several local senior living centers to and from all Sunday home games.

Other games of note on the 2011 promotional schedule include:

• Opening Day/Fireworks/Magnet Schedule Giveaway/Inflatable Bat Giveaway -- Friday, June 17th
• Father’s Day/Prostate Cancer Awareness Day with Specialty Cap Auction/Post-Game Catch on Field -- Sunday, June 19th
• Independence Day Celebration Fireworks -- Monday, July 4th
• Frisbee Giveaway -- Friday, July 8th
• Bark in the Park -- Sunday, July 17th
• Team Photo Giveaway -- Saturday, Aug. 6th
• Buffalo Sabres Legend Rob Ray Autograph Appearance -- Tuesday, Aug. 9th
• Star Wars Night -- Saturday, Aug. 13th
• Water Bottle Giveaway -- Monday, Aug. 22nd
• Stache Bash -- Wednesday, Aug. 24th
• Ryan Howard Collectible Coin Giveaway -- Thursday, Aug. 25th (with coupon from Batavia Downs Casino)
• Chase Utley Collectible Coin Giveaway -- Saturday, Sept. 3rd (with coupon from Batavia Downs Casino)

Fireworks Nights will be as follows: June 17th, July 4th, July 8th, July 15th, July 22nd, July 29th, Aug. 5th, and Aug. 12th.

The Muckdogs open their 2011 home schedule on Friday, June 17th vs. the Auburn Doubledays at 7:05 p.m. For a complete 2011 promotional schedule, go to www.muckdogs.com or call the Muckdogs office at (585) 343-5454.

This information is from the Batavia Police Department.

The Batavia Police will be conducting alcohol compliance checks to determine if point-of-sale for alcohol locations are making sure to properly identify the purchaser of alcohol.

Detective Richard Schauf says the PD wants to remind store managers and owners of the importance of properly training their employees to check the purchaser’s identification.

In the past, offiers have seen employees not check the ID or check it and see the person is less than 21 and sell the alcohol anyway.

In the case of employees selling to minors, the employee is subject to court appearance and should be reminded of this. A store can lose its liquor license if it does not conform to the laws governing the sale of alcohol to those less than 21 years of age.

Friday's MDA "Fill the Boot" drive sponsored by the IAFF local was an amazing success according to city firefighter Greg Ireland.

Ireland said city firefighters collected $7,156 for "Jerry's Kids."

That tops a record set last year by city firefighters when they raised $5,601.

"We are very grateful to the wonderful people of Batavia and Genesee County who gave to this great charity," Ireland said.

Batavia Police are looking for a subject last seen heading east on Highland Park following an unknown incident *on Jackson Street.

The subject is described as wearing a white tank top T-shirt, white flat-brimmed hat with a scruffy beard, riding a mountain bike and "still carrying the baseball bat."

*We didn't catch the original dispatch.

UPDATE 9:32 p.m.: Two acquaintances apparently had an ongoing dispute and one person allegedly hit the other with a baseball bat. The victim was transported by ground ambulance to the Genesee County Airport and taken by Mercy Flight to Strong. Lt. James Henning said there is a "person of interest" police would like to locate. Officers are also interested in talking to any additional witnesses, who can call the tip line at 585-345-6370.

One of the old, giant trees in the Batavia Cemetery fell down yesterday. The massive tree, which broke about 8 feet up its trunk, was located near the front of the cemetery, just south of the Richmond Mausoleum. It doesn't appear that any headstones were damaged.

Volunteers were in front of the Holland Land Office Museum parking lot today hawking hot dogs to raise funds for the International Peace Garden.

The peace garden supporters will be back at HLOM weekend after next.

Batavia resident Lisa Barrett is now one of six finalists to have advanced to round five in the international contest, "Best Original Song."

If she makes it through this round, she will be one of three finalists to make it to the last one. One of these three finalists will win the contest.

Voting for Lisa's song, "When You Look at Me," will start at 8 p.m. on Monday, and will continue through June 13. To vote:

1. Go to www.bestoriginalsong.com

2. Click on "Click Here to Listen"

3. Select June 6 through 13 Show Date

4. Vote for and/or download "When You Look at Me."

For previous coverage, see: 

Batavia singer/songwriter has high hopes for very personal song

Singer/songwriter Lisa Barrett advances to next round in world competition

To see a story YNN did on Barrett recently, click here.

The annual Community Yard Sale is set for 9 a.m. to 5 p.m. on Saturday, June 11 in the City of Batavia. (Rain date is June 18.) Councilwoman Rose Mary Christian is the contact person for this event <Christia@BataviaNewYork.com>. Phone is 344-0276. Call if you'd like to be included in this event.

These are the addresses of the participating households so far:

• 32 Clifton St.
• 39 Otis St.
• 29 Williams St
• 468 Ellicott St.
• 121 Hutchins St.
• 10 South Spruce St.
• 36 Vernon Ave.
• 38 Vernon Ave.
• 19 Richmond Ave.
• 12 Tracy Ave
• 8 North Lyon St.
• 30 Washington Ave.
• 6 Douglas St.
• 13 Edgewood Drive
• 25 Burke Drive
• 315 Bank St.
• 390 Garden Drive
• 54 Walnut St.
• 16 South Main St.

A house basement reportedly caught fire after being struck by lightning at 9977 Seward Road in Alexander.

Alexander and Town of Batavia fire departments are responding.

UPDATE 12:42 p.m.: Darien and East Pembroke fire departments are called to the scene.

UPDATE 12:50 p.m.: The Alexander fire chief says other units can respond in non-emergency mode.

UPDATE 1:27 p.m.: Darien is clearing the scene. Apparently, the fire is out.

UPDATE 1:28 p.m.: All units back in service.

A Batavia Nursing Home employee who earlier today was reportedly the subject of a police response to the facility is in jail tonight, accused of threatening to shoot a supervisor.

Parris L. Bryant, 50, of 218 State St., Batavia, was charged with aggravated harassment, 2nd, and jailed on $1,000 bail.

According to Sgt. John Peck, Bryant was the suspect in a case earlier today involving an employee who showed up at the facility drunk and angry over not getting paid, as scheduled.

Police officers who responded to that call convinced Bryant to leave and go home.

According to Peck, Bryant didn't bother any of his coworkers again until about 5:30 p.m., at which time he allegedly initiated a series of calls to a nursing supervisor threatening to shoot her over the non-pay issue.

When police responded to his house, Peck said, there were no guns visible and it's not clear that Bryant actually has access to a gun.

However, because Bryant is still an employee of the nursing home, has access to the building, and was allegedly in a violent frame of mind, police officers were concerned for the safety of the staff, Peck said.

"He must have been stewing about it all day," Peck said.

Peck said nursing home staff told officers that Bryant made five or six calls this evening.

Additional previous articles:

• Owner of Batavia Nursing Home facing federal charges; employees complain of payroll problems
• State dealing with 'issues' at Batavia Nursing Home, but won't release details
• Employees of Batavia Nursing Home tell TV news they can't cash payroll checks

Burglars went to some effort overnight to remove a safe from Neptune's Gardens, 33 Liberty St., Batavia, getting away with more than $2,000 cash.

According to owners Nick and Kathy LaFarnara, the safe was apparently too heavy for the thieves to carry, so they used her office chair to wheel it to a back window.

Nick said it probably took two people to get it out a window and drop it into a pickup truck.

It's the first time during their 25 years in business that it's been burglarized, Nick said.

He's eager to see the perpetrators caught and prosecuted, so LaFarnaras are offering a $250 reward for information leading to the arrest and conviction of the criminals.

Batavia Police Det. Pat Corona said tips can be phoned in confidentially to 345-6370.

Kathy LaFarnara said she was baffled to come into work this morning to find her chair missing from the office and a desk drawer opened with stamps on the floor.

"I'm thinking, 'that's just not right,'" Kathy said.

As she and Nick started to look around, they found a few other things out of place and then spotted her chair near a back window, which was open.

The first thing they checked for were missing pets, but all of the animals were accounted for.  

When Nick went back into is office and sat down, that's when he noticed the safe was missing.

Photo courtesy The Batavian's news partner, WBTA. WBTA also has a story available here.

Tyler Thomas Aldinger, 17, of Townline Road, Attica, is charged with criminal mischief, 3rd (more than $250 in damages), petit larceny and trespass. Tyler is accused on trespassing on property on Attica Road in Alexander and cutting up farm property and taking it for scrap. The alleged incident was reported at 12:24 p.m., Thursday. Arrested with Tyler was Daniel Joseph Ognibene, 17, of Alexander Road, Alexander. Daniel was charged with petit larceny and trespass.

Marcos A. Torres, 28, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Torres was arrested following a traffic stop at 3 p.m. Tuesday on Route 98, Town of Batavia. Torres was jailed on $800 bail.

Batavia Police released further information on the people arrested during the May 19 neighborhood enforcement sweep we reported on yesterday.

Jacqueline R. Garrett, 32, 9850 Old Creek Road., Alexander. Arrest on a charge of criminal sale of marijuana, 5th, after Local Drug Task Force members reportedly witnessed a transaction at 99 Jackson St.

Edgar Perez, 26, 110 Jackson St., Batavia. Arrested on a superior court arrest warrant out of Orleans County.

Joseph C. Wind, 41, 5469 Horseshoe Lake Road., Batavia. Arrested on charges of criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and aggravated unlicensed operation, 3rd. All as the result of a traffic stop for driving without headlights. A passenger in the car was a subject being supervised by, and of interest to, NYS Parole.

Thomas J. Mitchell, 21, 6 Oak St., Batavia. Arrested on charges of  criminal possession of a controlled substance, 7th, unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Mitchell was reportedly picked up as the result of a traffic stop in connection with the car allegedly attempting to avoid police by entering BOCES property after leaving an address of interest to NYS Parole.

A Spring Ghost Tour is planned at the historic Batavia Cemetery tommorow.

It will highlight "some of the finest ladies who ever graced the community."

The guided ghost walk costs $10 and includes iced tea and cookies. Tickets are available at the cemetery gate, located on Harvester Avenue, on the day of the event -- June 4.

Tours begin at 2 p.m. and run every 15 minutes. The last tour begins at 4.

All proceeds benefit the cemetery.

For more information, call the history department at 344-2550, ext. 2613.