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Person trapped in car after rollover accident on Thruway

By Howard B. Owens

A person has suffered minor injuries, but is trapped in his car after a rollover accident on the Thruway in the area of mile marker 388, westbound lane.

The driver conscious and alert and talking with emergency dispatch.

He is injured and unable to get out of the car.

Town of Batavia Fire Department and Mercy EMS dispatched.

UPDATE 11:58 p.m.: The vehicle is on its wheels. "We will need to have the door popped," a Mercy medic informs a Batavia chief.

Photo: New Batavia Police sign

By Howard B. Owens

When I drove by the Batavia Police HQ this afternoon, I spotted a new sign out front.

Richmond library announces spring programs for tots

By Billie Owens

The Spring series of Story Time programs at the Richmond Memorial Library, Batavia, begins on Monday, April 4. Here's the line-up:

  • Toddler Time --  10:30 a.m. Tuesdays (walkers – 3 years)
  • Tiny Tots Early Risers -- 9:30 a.m. Wednesdays (walkers – 3 years)
  • Tiny Tots -- 10:30 a.m. Wednesdays (walkers -- 3 years)
  • Preschool Party --  10 a.m. Thursdays (ages 3 through 5)
  • Baby Bounce  -- 11 a.m. Thursdays (pre-walkers)
  • Pajama Primetime --  6:30 p.m. Thursdays (all ages)

To register for one of these sessions, or to get more information, call the library at 343-9555, ext. 4, or stop in at the Children's Room desk during library hours: 9 a.m. to 9 p.m. Monday through Thursday and 9 a.m. to 5 p.m. on weekends.

Parents may also register online. The Web address is www.batavialibrary.org/

Group size is limited so register early.

The library is located at 19 Ross St. in the City of Batavia.

Police seek help in locating missing teen

By Howard B. Owens

 

Police believe Justice D. Osborne, 15, of 104 Pearl St., Batavia, has run away from home and neither her parents nor police can locate her. They are asking for the public's help in finding her.

There is no indication of forcible abduction.

She is  5’2”, 140 pounds. At the present time her black hair has long straight extensions. She was last seen wearing a gray hoodie, blue jeans and purple skate sneakers.

Anyone with information or who has seen Justice since her disappearance is asked to please call the Batavia Police at 345-6350.     

The photo is the most recent picture of Justice showing her new hair extensions.

Voters reject Van Detta proposal in big turn out

By Howard B. Owens

Voters in Batavia today rejected a proposal to upgrade Van Detta Stadium and the athletic fields at John Kennedy School by a vote of 542 to 982.

With more than 1,500 voters, the turn out dwarfed what Business Administrator Scott Rozanski said is typical for a school district budget vote or board election. He said typically, turn out is about 600 people.

The proposal would have cost taxpayers about $110,000 more per year. It would have upgraded the stands at Van Detta as well as the locker rooms and showers, but most notably it would have converted the field to artificial turf.

The entire project was expected to cost $3.9 million.

Utility pole reported on fire on Route 98, Batavia

By Howard B. Owens

A utility or electricity pole is on fire in the area of 8862 Route 98, near Rose Road, Batavia.

A deputy on scene says the fire is touching a high tension line that seems to be burning.

The pole looks like a newly installed pole, as recently as today.

Town of Batavia Fire is responding with Engine 24.

UPDATE 7:27 p.m.: The fire has burned itself out. National Grid has been notified, no ETA given, but it should easily be able to spot the charred pole, according to responders.


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Lease payments from Firland for Falleti expected to double

By Howard B. Owens

The city's revenue from Falleti Ice Arena is expected to double under terms of a new lease negotiated with Firland Management.

Lease payments will jump from $7,000 a year to $15,000 a year and by the fourth year of the lease, reaching $20,000 per year.

Proceeds from the lease, Batavia City Manager Jason Molino said, are held in reserve.

“Those funds are to be put into a capital improvement fund for capital improvements that may need to be done to the facility that the city is responsible for at a later point in time," Molino said.

The city council is expected to approve the lease at its next business meeting.

(via WBTA)

Rochester man accused of threatening ex-girlfriend with knife acquitted

By Howard B. Owens

Attorney Jerry Ader told a jury this afternoon that the case against his client rested on whether they believed the woman who claimed the defendant attacked her at knife point in her State Street apartment on Aug. 30.

After less than an hour of deliberation, the jury found Robert Thigpen III, 35, of 287 Flower City Park, Rochester, not guilty on all charges.

Thigpen was arrested in Batavia on Aug. 30 and charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. 

"There are only certain things can all agree on," Ader said as he began his closing argument. "We can agree Thigpen is black and Morgan is white, and that’s the only thing we can agree on in this case. There is nothing (else) about this case that is black and white."

Ader said if the jury didn't believe Christy Morgan's version of events, there was no physical evidence supporting the case against Thigpen. There were no fingerprints on the knife allegedly used by Thigpen, which was put back in a knife rack in the kitchen, and no evidence Morgan was harmed. He also said that there was no evidence a car parked two blocks from the alleged crime scene belonged to Thigpen.

Thigpen also allegedly made threatening and harassing phone calls to Morgan after his arrest. Ader said there was no evidence to support those claims either.

In his closing arguments, District Attorney Lawrence Friedman said police found Thigpen not far from the scene hot and sweaty -- perhaps he had been running, Friedman suggested -- after first being seen as he approached a car parked on Alva Place.

He suggested it isn't reasonable for there to be an answering-machine recording of mobile phone conservations and said, contrary to what Ader argued, that Morgan did not claim she received text messages.

Friedman also noted there was expert testimony explaining why that particular knife Thigpen was accused of using wouldn't have fingerprints on it.

What the defense was really trying to do, Friedman argued, was put the victim and the police on trial.

"People who lie have a reason to lie," Friedman said. "Why would she be making this up? This was her boyfriend a month earlier, so why would she make it up?"

Morgan testified that she went outside the evening of Aug. 30 to take her trash out and a man was hiding by the basement door of her apartment building. He then forced his way into her apartment, pushed her around, choked her, then grabbed a knife from the kitchen and threatened her with it for about a minute. He then put the knife back in its place in the kitchen and left.

Morgan testified that Thigpen was accusing her of being involved with another man.

She said didn't call 9-1-1 herself because a few days before she had dropped her phone in some Kool-Aid, so the buttons were stuck. She used the recent call list to call two friends and asked them to call 9-1-1.

The trial took only one day -- jury selection was Monday and opening arguments began shortly after 10 a.m., Tuesday.

Undefeated Batavia heads into mock trial finals

By Howard B. Owens

Batavia High School continued its dominance in mock trial competition taking both of its matches in Geneseo on Monday, scoring 107 points.

Batavia will now face Warsaw tomorrow in Warsaw in the finals.

In the first round Monday, Batavia defeated Warsaw 56-54, and then defeated Byron-Bergen 51-44.  

Warsaw beat Pembroke 51-46.

Warsaw, Pembroke and Avon were all 1-1, but Warsaw made the finals on points with 105. Avon had 103 and Pembroke 93. Byron-Bergen was 0-2 with 98 points.

Points are based on a scoring system for the actions during the trial of the individual team members and are scored by the judge. The judge is not told what teams are involved in the competition.

Accused crack dealer admits to possession charge

By Howard B. Owens

A Rochester man, who was reportedly found in Batavia with 22 bags of crack cocaine when he was arrested in August, admitted to possessing a controlled substance in Genesee County Court this morning.

Willie J. Woods Jr., 36, entered a guilty plea of criminal possession and possession of a controlled substance, 5th. He faces up to two and a half years in state prison when he is sentenced June 20.

Woods was stopped in August by members of the Local Drug Task Force and uniformed deputies before pulling onto the Thruway. 

His arrest was the culmination of an investigation to the sale and distribution of cocaine in Batavia.

Woods was allegedly found with $2,000 cash on him at the time of his arrest.

Photo: Historic Pontillo's sign removed from pizzeria

By Howard B. Owens

One of Batavia's most historic landmarks, the Pontillo's sign on the pizzeria at the corner of East Main Street and Harvester Avenue, was removed this morning and replaced by a "Batavia's Original Pizzeria" sign.

Three investors from Rochester bought the former Pontillo's location and opened it as Pontillo's in early 2010, but they were served with a trademark infringement suit in September.

In early December, the name of the business was changed to Batavia's Original Pizzeria.

The new sign says Batavia's Original was established in 1947.

The original Pontillo's closed in the fall of 2008 and the property was eventually sold at a foreclosure auction. The Rochester investors purchased the property from the bank that bought it at auction. (Financial history covered in this story.)

Sam Pontillo, son of Salvatore and Elizabeth Pontillo, is manager of Batavia's Original.

The Le Roy Pontillo's location was closed a couple of months ago and Sam Pontillo reportedly removed all of the equipment. His brother, John Pontillo, may be planning to open another pizzeria at that location. John currently operates a pizzeria in Geneseo.

Byron resident accused of getting numerous forged prescriptions filled at local pharmacies

By Howard B. Owens

A 35-year-old Byron resident is facing 101 charges related to possessing and receiving prescription drugs in four Genesee County jurisdictions.

Sege D. Kalmbacher Sr., was taken into custody by the Local Drug Task Force and arraigned in City of Batavia, Town of Batavia, Le Roy and Pembroke. He was jailed on $50,000 bail.

Kalmbacher was identified as a suspect during an investigation into the theft and use of prescription drug forms. The case began when Le Roy Police received a complaint from a pharmacy in the village of somebody using a forged prescription.

A computer was reportedly used to create the prescriptions.

Task force investigators allege that Kalmbacher was able to successfully fill several prescriptions for narcotics at area pharmacies using the forged forms going back to December.

Kalmbacher was charged as follows:

City of Batavia: Eight counts of criminal possession of a controlled substance, 3rd, for receiving narcotics on nine different occasions; eight counts of possession of a forged instrument, 2nd; eight counts of criminal possession of stolen property, 5th; eight counts of criminal possession of a forged instrument; and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Town of Batavia: Nine counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on nine different occasions in the Town of Batavia; nine counts of possession of a forged instrument, 2nd; nine counts of criminal possession of stolen property, 5th; and nine counts criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Village of Le Roy: Three counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on four different occasions in the Village of Le Roy; four counts of possession of a forged instrument, 2nd; four counts of criminal possession of stolen property, 5th; and four counts of criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Town of Pembroke: Four counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on four different occasions occasions occasions in the Town of Pembroke; four counts of possession of a forged instrument, 2nd; four counts of criminal possession of stolen property, 5th; and four counts of criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

In Pembroke, Kalmbacher was also charged with 27 counts of computer trespass for using a computer he did not have permission to use to create prescription drug forms.

Police Beat: Seat belt check leads to felony arrest

By Howard B. Owens

David Lee Brown, 19, no permenant address, is charged with uninspected motor vehicle, unregistered motor vehicle, uninsured motor vehicle, improper license plates and unlawful possession of marijuana, plus he was arrested on a felony warrant. Brown was stopped during a Buckle Up New York traffic detail. During the investigation, he was identied as wanted on a warrant out of Monroe County for alleged violation of probation. During a search of his vehicle, Sgt. Tom Sanfratello and Deputy Chris Parker reportedly found a glass pipe with marijuana in it.

Gregory John Campbell, 43, of Alexander, is charged with criminal possession of a controlled substance, 7th. Campbell was allegedly found in possession of a controlled substance without a prescription. Campbell was jailed on $500 bail.

Joshua M. Gaudiso, 22, of Fillmore Avenue, Caledonia, was charged with endangering the welfare of a child and arrested on a warrant. Gaudiso was released after paying an outstanding fine.

Zoe Ann McClure, 41, of South Swan Street, Batavia, is charged with petit larceny. McClure is accused of shoplifting from Kmart at 5:51 p.m., Monday.

School district vote on Van Detta capital improvement project today

By Howard B. Owens

Batavia residents are being asked today to vote on a $3.9 million capital improvement project that would upgrade Van Detta Statdium (including artificial turf) as well as athletic fields at John Kennedy School.

To help pay for the project, the district expects it will need to collect about $110,000 annually in additional taxes from district residents.

When & Where to Vote 
Date: Tuesday, March 29
Time: Noon to 9 p.m.
Place: Polling places are at Jackson, Batavia Middle School, and Robert Morris.
Note: Identification and proof of residency are required.
Voting Requirements: In order to vote, you must be a citizen of the United States, a registered voter, at least 18 years of age, and a legal resident of the Batavia City School District for at least 30 days prior to the vote.

Below, a video produced by the school district in support of the project.

Previously: City School District presents plan for $3.9 million upgrade to Van Detta

Genesee County native ends 31-career with Batavia Fire Department

By Howard B. Owens

Capt. Pat O'Donnell is on his final shift with the Batavia Fire Department tonight.

He joined the department Sept. 5, 1979 and decided it's time to stow his boots permanently.

"The body is not like it used to be," O'Donnell said. "It takes a few days to recuperate after being here for four."

Divorced with two daughters in college, O'Donnell has no sure plans for his retirement. He is staying in Batavia (His family was in Elba when he was born and moved to Batavia when he was in third grade.) and looking forward to a summer of taking it easy, playing golf and taking a couple of trips with his girls.

Asked if he had a message for the community, O'Donnell said, "The community should feel blessed that they’ve got this place. The guys do a hell of a job with the equipment that they’ve got. I know over the course of the last two or three years we’ve gotten a lot of bad publicity but the people in the city don’t realize what they have in this place. They do a good job."

Driver in February's fatal accident on West Main accused of reckless driving

By Howard B. Owens

A driver involved in a fatal car accident on West Main St. Road, Batavia, on Feb.  8 has received two traffic citations and been charged with reckless driving.

Levert Kimble, 21, of 3456 West Main St. Road, Batavia, who was also seriously injured in the head-on collection with an SUV, was cited for failure to keep right and not wearing a seat belt.

Delores Opuku-Boateng, 19, a student at Genesee Community College and a passenger in Kimble's car, died at the scene of the accident.

The other driver, Justin J. Jaszko, 31, suffered only minor injuries.

According to investigators at the time, the accident occurred at 9:02 a.m. when Kimble apparently lost control of his eastbound Honda and crossed over the center of the road, striking Jaszko's westbound 1995 Chevy Suburban.

Police Beat: Rochester resident accused of stealing cartons of cigarettes from smoke shops

By Howard B. Owens

 

Frank James Davis, 31, of East Rochester, is charged with petit larceny. Davis is accused of entering the Totem Pole Smoke Shop at 10:50 a.m., March 3, loading 15 cartons of cigarettes into a basket, then walking past cashiers and then running out of the store without paying for the cigarettes. The cigarettes are valued at $502 and the basket is valued at $10.

Davis is also accused of stealing $204 worth of Winston Lights on the same date from Arrow Hawk Smoke Shop. Davis was charged with petit larceny for that alleged crime.

Jennifer L. Coombs, 27, of 103 West Main St., Le Roy, is charged with criminal mischief, 4th. Coombs is accused of slashing three tires on a car in November.

Andrew Paul Dentinger, 20, of Broadway Road, Alexander, is charged with unlawful dealing with a child. Dentinger is accused of hosting an underage drinking party. Deputies responded to an address on Broadway Road, Alexander, at 12:58 a.m., Saturday to investigate the party.

David A. Burr, 23, of Elba, is charged with criminal mischief, 3rd. Burr is accused of intentionally damaging the front door of T.F. Brown's restaurant at 1:40 a.m., Sunday. Burr was jailed without bail.

Janie B. Burgess, 57, of 7 Maureen Drive, Rochester, is charged with DWI, unsafe turn. Burgess was stopped at 10:13 p.m., Saturday, on Oak Street by Officer Chris Camp. Burgess was jailed on $500 bail.

Daniel G. Crane, 34, of 9395 Upton Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate lights. Crane was stopped at 12:52 a.m., Sunday, on Main Street by Officer Dan Coffey.

Mark D. Hoerbelt , 42, of 152 State St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlights. Hoerbelt was stopped at 12:43 a.m., Friday, on West Main Street by Officer Matthew Fleming.

A 16-year-old resident of Wood Street, Batavia, is charged with petit larceny. The youth is accused of stealing an iPod in January while at Batavia High School. The youth was jailed on $1,000 bail.

Jennifer L. Stack, 25, of 12 Oak St., is accused of failing to pay a fine. Stack was convicted in May on an unnecessary noise charge. She was released on $100 bail but allegedly failed to appear at her next court appointment.

Scott C. Brown, 22, and Ashley M. Yunke, 31, of 11 1/2 Wood St., are charged with criminal nuisance. Brown and Yunke are accused of hosting a party where people under 21 were allowed to drink. They were arrested at 12:20 a.m., Sunday. They were jailed on $500 each bail.

Amanda A. Barclay, 23, of Oakfield, is charged with false report of an incident, 3rd. The alleged incident occurred at 4:27 a.m., March 18, in the City of Batavia. Barclay was arrested by State Police on Thursday. No further details were released.

Jared C. Reese, 31, of Stafford, is charged with controlled substance not in original container and criminal possession of a controlled substance, 7th. Reese was stopped by State Police at 6:09 p.m., Thursday, on Route 33, Stafford. No further details were released.

Van Detta Stadium project

By Donna Barrett

I would like to take this opportunity to thank all of the concerned City School Taxpayers for your many valid comments regarding the proposed Van Detta Stadium project.  I would also like to remind the majority of you that it is not enough to speak out about it, but to get out and vote on Tuesday, March 29th.  In numbers, we can tell the school district exactly what we think of this idea.

 

I have remained publically silent, until now.  I was unable to attend the school district meetings, however I received the information that was distributed, read with great interest all of the articles and taxpayers comments published by the local media outlets.  Many of the taxpayers made very valid points and yet we are still waiting for a straight answer from Ms. Puzio and the school administration.

 

In her latest ploy, she shows the poor students practicing in the parking lot.  If they can practice in the parking lot then why can’t they practice on the lawn.  It does not have to be a regular field made for this purpose, but any grassy area (I am sure the parking lot was not lined for the purpose of their practice).  You also indicate that the football field is too wet and gets torn up during practice and games.  If it is too wet, then modify the automatic sprinkler system (maybe they can point the sprinkler heads to the field instead of the track and save some money on your taxpayer paid water bill too).

 

I was able to attend the tour of the proposed changes to the Stadium itself and would like to inform the rest of the taxpayers of a few things.  The shower area looks brand new, almost like it has never been used.  If it hasn’t been used, then why do we have to replace it, maybe if you moved the boxes you have in there it could be used, or if privacy is needed, then you could install stalls for the wall mounted shower heads, instead of tearing the whole thing out.  Most of the athletes that would shower there are City School students and live within a reasonable distance.  Can’t they go home to shower? 

 

Do the taxpayers know that the entire stadium building is heated all year long (about 58 degrees)?  Wouldn’t it be more cost effective to hire a plumber to set up a system so that the water lines could be easily drained for winter and turn the heat off?  After all, according to the tour guides, the work out room has a separate boiler system and could still be heated for the one day per month that the room is used. Why do the coaches need new offices?  They all ready have offices at the stadium and I would think they have offices at the school, how much would they really use these offices?  And, you want to re-do the handicap ramps, again.  Yes, the ramps at one time went up the side of the stands, and I believe when you either revamped the track or added on the workout room, you modified the ramps to the way they are now.  Why didn’t you bring them into compliance then?

 

- Where do you think grant money comes from?  The taxpayers!!!

- As with most “Capital Projects” did you figure in the overrun expenditures (when was the last time anyone heard of a project coming in at or below the proposed dollar amount).

- We will begin to pay the Bond off in 5 years and it will be paid off in 10 to 15 years.  So, when the turf needs to be replaced (according to the people giving the stadium tour) in 10 years do you increase our taxes again for this purpose?

- If the project gets approved and funding gets cut, do you increase our taxes even more to cover the cost?

 

I also want to point out that Ms. Puzio stated that the school district stopped contributing funding from the General Fund to the Debt Service Fund in 2008.  However the city school district website states “up until this year, the district transferred between $215,000 and $315,000 from the General Fund into the Debt Service Fund each year.”  Why would you do that?  Why would you put money into another fund if you can’t get it back out?  My feeling is that it is the taxpayers money.  We should have the final say as to where it goes.  If we need that money in the General Fund, then we should have the right to move it back there, to lower our taxes.

 

I too, wonder why we are having this vote separate from the school budget vote.  Are you trying to raise our taxes for this project, then wine for another tax increase because the State cut your funding?  Maybe it is to push this project through because you don’t think you will get enough turnout to vote it down?

 

One thing you need to remember Ms. Puzio is that just like North Street, this too is a residential neighborhood.  With a proposed 250 events scheduled for the new stadium, do you think our property values are going to go down?  Are your school employees going to be out there picking up the trash on our lawns?  Are you going to pay for our reduction in quality of living, including additional traffic, noise pollution (playing music over the loud speaker system so loud you can hear it on Main Street), etc…..?  Are the games going to be over at a reasonable hour and not 1 a.m. like a prior track meet?  What about public use of the track, won’t that be cut down so that taxpayers cannot use it?  You have also proposed a new 75 car parking lot.  Do you think that parking another 75 cars in one lot is going to take care of the problems you all ready have, and have had for years but never addressed.  Guess again.

 

My last question is why am I paying $22.16 (plus an additional $1.48 for the Library) per thousand for my school taxes, and yet I pay $20.17 per thousand for City and County taxes combined.  The City and County offer me more services than the school district.  Maybe it is time the Batavia City School District became more fiscally responsible.   

Matty's Pizzeria is closed

By Howard B. Owens

Earlier this week, people told me Matty's Pizzeria was closed. I tried contacting owner Brad Fairbanks for confirmation, but could not reach him.

There is now an ad in this week's PennySaver for an auction of all Matty's equipment and fixtures at 2 p.m., March 31.

If you purchased a Matty's gift card in The Batavian's Deal of the Day on Feb. 18 or later, we will refund your money. You must return the unused gift card to us. Our address is 200 E. Main St., #5, Batavia, NY 14020. Refunds will be issued through PayPal.

Pauly's raising money to assist Sputore family

By Howard B. Owens

The staff of Pauly's Pizza are wearing "Brooklyn" shirts tonight as part of an effort to raise awareness of the plight of little Brooklyn Grace Sputore, who suffers from Vein of Galen Brain Malformation, which is a form of an aneurysm. This is a life-threatening condition that requires special care.

Pauly's is accepting donations on behalf of baby Brooklyn.

There is a fundraiser planned from 12:30 to 5:30 p.m. on Sunday, April 10 at St. Joseph's School at 2 Summit St., Batavia. This will include a spaghetti dinner, a Chinese auction and other raffles.

The tickets can be purchased pre-sale from Paul Sputore 781-8138 and other committee members. Tickets will also be available at the door. Brooklyn's Journey T-shirts are $15 and can be purchased from Bruce Dedman 716-560-0031 or T.F. Brown’s/Mancuso Bowling Center. All proceeds will assist the Sputore family in this difficult time.

The Sputore famly were at Pauly's this evening. Below is a picture of Brooklyn and her mom, Julie.

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