batavia

Justin Amend, the 29-year-old Farrall Park paramour of Suzanne Corona, will wait another week at least to find out if he's going to jail.

When Amend entered a guilty plea to public lewdness, it was on the condition that he wouldn't receive jail time, but City Court Judge Robert Balbick said there's now a problem with that plea arrangement.

The former Oakfield resident is now a Florida resident.

"By moving out of state, you've prevented me from placing you on probation," Balbick said.

The Probation Department recommended Amend be given a conditional discharge -- meaning if he stays out of trouble for six months, the public lewdness conviction would be dismissed.

Balbick said considering the offense to the community, that Amend engaged in sexual conduct in a place where parents and children could see the act, he just can't go along with a conditional discharge.

That leaves Amend two obvious options -- withdraw his plea and go to trial, or let Balbick sentence him with the probability he will be given jail time.

Defense Attorney Tom Williams asked for more time to either research a way to get Florida to accept Amend's probation, or see if there is space available with the Genesee County Jail for a weekend work detail sentence.

Assistant District Attorney Robert Zickl predicted that Florida is unlikely to accept a probation case on a misdemeanor charge.

"States feel that their probation departments are overworked as it is and they do not want to accept misdemeanor cases," Zickl said.

Amend moved to Florida, according to Williams, because he's embarrassed by his crime.

"He's humiliated to be seen walking around Genesee County," Williams said. "For him to walk into Tops and be seen is torture for him. It would be like for me to walk into Tops naked. That may seem over the top, but that's how he feels."

When given his turn to speak, Amend said, "I can guarantee you that you will never see me in court again because this has been a total embarrassment."

Williams described Amend as an upstanding citizen who has never been in trouble except for this case.

In fact, Williams said, Amend has been a key witness in criminal cases, including one where he turned in a sexual predator who was victimizing a younger person. That criminal is now in state prison. The man never would have been caught if Amend hadn't contacted the police, Williams said.

Trevor M. Rich, 29, of 8943 Creek Road, is charged with harassment, 2nd. Rich is accused of verbally threatening a woman at 1:38 p.m., Tuesday. He was jailed on $750 bail.

Markeda Daphne Starks, 19, South Lyon, Batavia, was arrested on a warrant out of Batavia Town Court related to a charge of trespass, 3rd.

Maxwell Raymond Pfendler, 18, of Lake Street Road, Pavilion, is charged with unlawful possession of marijuana. Pfendler was stopped on an alleged traffic violation at 10 p.m., Tuesday, by Deputy Joseph Graff.

Felicia Pfalzer parleyed two large pizza's into a 42-inch plasma TV this week.

The Darien resident was the lucky winner of a drawing offered by Main St. Pizza Company to celebrate National Pizza Month (October).

Above, Main St. owner Vic Marchese with Pfalzer after presenting the prize this afternoon.

We only recently received the October indictments from the Genesee County Grand Jury:

Charles J. Porreca is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 5th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th. On May 6, Porreca is accused of possessing marijuana while in a vehicle at 8123 Prole Road Extension. On the same date, he is accused of possessing psilocin and psilocybin contained in mushrooms with the intent to sell in a room at College Village. At the same address, he is accused of possessing more than two ounces of marijuana along with hydrocodone.

Robert Thigpen III, is charged with burglary, 1st, menacing, 2nd, and criminal mischief, 4th. Thigpen is accused of entering and remaining unlawfully in a dwelling at 111 State St., Apt. 3, Batavia, on Aug. 30, with intent to commit a crime. Allegedly, Thigpen used a knife to threaten another person. He is also accused of damaging a lock.

Amy L. Brown is charged with grand larceny, 3rd, and eight counts of offering a false instrument for filing, 1st. Brown is accused of stealing from the Department of Labor from Sept. 21 through Nov. 16, 2008. She is accused of filing false records with the Department of Labor.

Robert J. Van Pelt is charged with vehicular assault, 1st, DWI and aggravated DWI. Van Pelt is accused of driving a motor vehicle on May 2, Sandhill Road, Town of Alabama, and causing another person to be injured. His BAC was allegedly above .18.

Christopher J. Matusak is charged with DWI as a felony, aggravated DWI, three counts of criminal mischief, 3rd, and three counts of reckless endangerment, 2nd. Matusak is accused of driving drunk on May 31 with a BAC of .18 or greater, and in Town of Le Roy damaging the property of another person. The property is described as a 2007 Hyundai, a 1998 Lincoln and a 1996 Cadillac. He is accused of intentionally striking the Cadillac, which allegedly had three passengers at the time.

Shannon V. Albano is charged with a felony count of DWI and driving with a BAC of .08 or greater. Albano is accused of driving drunk on April 19 in the Town of Darien.

Autumn M. Connolly is charged with grand larceny third. Connolly is accused of stealing about $4,200 from a family member between March 27 and April 13.

Three of the level-2 sex offenders who were displaced by the Oct. 11 fire at 433 E. Main St., Batavia, have relocated, according to Det. Rich Schauf.

The offenders had 10 days to notify authorities of their new addresses.

Schuaf said that by law he can't disclose the new addresses of level-2 offenders. The website that originally listed the level-2 offenders should not have made the addresses publicly accessible.

The three level-2 sex offenders who have relocated are still within the 14020 zip code, Schauf said and appear to have settled in their new residences.

"The perception would be that these are places where they will permanently live," Schauf said.

There were four level-2 offenders living at 433. E. Main St. at the time of the fire. All are accounted for. One of the four died, but not as a result of the fire.

The four listed on the site were Dean Jaroszek, Jeremy Eaton, John Sissel and John Robinson.

A motor-vehicle accident is reported at 23 Oak St., at the intersection with Prospect Avenue. It involves three vehicles, none of which are blocking the roadway.

There is one minor injury and another person is "shaken up" because of the incident.

City fire and Mercy medics are on scene.

UPDATE (12:24 p.m.): City fire is clearing the scene, back in service.

UPDATE (12:28 p.m.): Two people are transported to UMMC with minor injuries and/or to be evaluated. Personnel on scene reported that two vehicles had only "brush marks" as a result of the incident. The other vehicle had minor damage.

Five Genesee County residents have been arrested on various drug charges over the past several weeks, the Local Drug Enforcement Task Force announced.

One person is suspected of dealing drugs, a husband and wife as well as another man are accused of growing marijuana. Another woman is accused of possessing marijuana.

The following arrests were announced:

Anthony Nigro (pictured), 59, of Alexander Road, Alexander. Nigro is charged with criminal possession of a narcotic drug with intent to sell, 3rd, and criminal sale of a controlled substance, 3rd. Nigro was arrested in September and released on his own recognizance.

Michael D. Myers, 49, of Telephone Road, Pavilion, is charged with criminal possession of marijuana, 2nd, and unlawfully growing marijuana. Myers is accused of possessing more than 16 ounces of marijuana at the time a search warrant was executed on Sept. 13. Myers was released on his own recognizance.

Robie A. Dersham, 41, of Creek Road, Pavilion and Kimberly A. Dersham, 41, of Creek Road, Pavilion, are charged with criminal possesion of marijuana, 4th, and unlawfully growing marijuana. The Dershams were allegedly found in possesion of two ounces of marijuana in September.

Laura L. Pacer, 25, of Jackson Street, Batavia, is charged with criminal possession of marijuana. Pacer was allegedly found in possession of two ounces of marijuana following the execution of a search warrant on Oct. 12.

The kids will be alright, according to Debbie Kerr-Rosenbeck, youth bureau director for Genesee County.

If a proposed shared-services agreement is approved by both the city and county elected bodies, Kerr-Rosenbeck doesn't anticipate any loss of programs currently offered to the youngsters of Batavia.

"If anything, I think (services) will expand and increase, not be less," Kerr-Rosenbeck said after a meeting of the county's Human Services Committee, where she briefed legislators on the proposal.

Under the terms of the agreement, Kerr-Rosenbeck would become director of the city's program as well as maintain her position with the county.

The city hopes to save at least $15,000 by eliminating its director position -- which with salary and benefits cost the city more than $80,000 per year -- and adding a coordinator position.

As part of the agreement, the city would reimburse the county $21,000, covering part of Kerr-Rosenbeck's current salary (but not increasing her salary) and five hours of clerical time per week.

"What the children see will not change significantly," Kerr-Rosenbeck said. "They may see some new faces when staffing is short. I'll put my staff there to help out evenings and weekends, but they won't see any changes in the programs at all."

Kerr-Rosenbeck said she's already started working on the transition and anticipates putting in more than the weekly eight-hours called for in the agreement in the beginning to help ensure the transition goes smoothly.

Both the Legislature and the City Council are expected to vote on the proposed shared-services agreement in December, so Kerr-Rosenbeck can officially take over the city's program in January.

The city has been without a youth director since the previous director retired about six months ago.

The New York Times has a picture of Carl Paladino in Batavia, at the old courthouse yesterday. Nobody notified us of his appearance.

Latoya D. Jackson, 25, no permanent address, is charged with disorderly conduct and resisting arrest. Jackson was arrested after police responded to T.F. Brown's restaurant at 12:35 a.m., where she was reportedly causing a disturbance after being denied entry due to her apparent intoxication. Jackson allegedly yelled obscenities on Liberty Street and began to struggle with officer Darryl Streeter following her arrest. Jackson was jailed on $2,500 bail. For previous reports on Jackson, click here.

Manuel Larry Valdez, 32, of Shane Drive, North Syracuse, is charged with criminal mischief, petit larceny, harassment and disorderly conduct. Valdez was arrested following an investigation by Deputy Jason Saile into an alleged incident at 9:55 p.m., Friday, on Veterans Memorial Drive. Valdez is accused of yelling profanity in a public parking lot, allegedly pulling the hair of another person, biting her arm and punching her in the face.  Valdez also allegedly damaged the victim's car keys so she couldn't start her car. Valdez also allegedly stole merchandise from a store. He was jailed on $10,000 cash bail.

Mark R. Mack, 48, of 5 Chapel St., Mt. Morris, is charged with DWI and driving with a BAC of .08 or greater. Mack was reportedly found at 3:34 a.m., Friday, in his car with the motor running by Sgt. Michael J. Hare of the Le Roy Police Department, in a parking lot on Main Street, Le Roy.

Andrew Russell Desmond, 27, of Seaford Terrace, Hamburg, is charged with unlawful possession of marijuana. Desmond was stopped at 8:20 p.m., Friday, for allegedly driving 100 mph on Route 5 in Pembroke by Deputy Patrick Reeves. Reeves reported he found Desmond allegedly in possession of marijuana.

Armekcl Devonte Austin, 19, of Terrace Park, Rochester, is charged with trespass. Austin allegedly trespassed on College Village property after being evicted and told to stay away.

Carla L. Spikes, 20, of Hutchins Place, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, unlicensed operation and speeding. Spikes was stopped at 3:13 a.m., Saturday, by Deputy Howard Carlson.

Patrick Anthony Martone, 48, of Benedict Drive, Rochester, is charged with unlawful possession of marijuana. Martone was stopped by Deputy Brian Thompson at 10:45 p.m., Oct. 24, for allegedly running a red light on West Main Street, Batavia. Thompson reportedly could smell the odor of marijuana coming from the car.

John Richard Schumacher, 19, of Colonial Woods Drive, Alden, is charged with trespass. Schumacher was reportedly on College Village property after being banned from the property several months ago.

Gregory P. Drake, 20, of Phillips Road, Holley, is charged with DWI, driving with a BAC. 08, driving left of pavement markings in a no-passing zone, consumption of alcohol in vehicle and failure to dim headlights. Drake was stopped at 12:32 a.m., Sunday, on Route 237, Byron, by Deputy Jason Saile.

Ronald A. Bialy II, 20, of 337 Bank St., Apt. 37, Batavia, is charged with DWI and aggravated unlicensed operation of a vehicle. Bialy was stopped at 2:33 a.m., Sunday, by Officer Eric Bolles.

Paul E. Bishop, 44, of Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Bishop is accused of striking the 13-year-old child of an acquaintance.

A 16-year-old resident of Killian Road, Pembroke, is charged with trespass. The youth is accused of being on private property after being advised not to.

Marie Nicole Wenzel, 19, of Melville Street, Rochester, is charged with unlawful possession of marijuana. Wenzel was stopped by at 2:46 p.m., Sunday, on Route 33 in Stafford, by Deputy Brian Thompson for allegedly tinted windows and illegal license plate cover. Wenzel was reportedly found in possession of a marijuana pipe with marijuana in it.

UPDATE 11 a.m.

A 61-year-old Rochester man was hit by a car at about 8 a.m. on Center Street, Batavia.

The driver of the car said he was looking further up the road and just didn't see the man until it was too late.

The man was walking diagonally across Center Street with his back to the northbound car.

"The driver just didn't see the pedestrian," said Sgt. Robert Yaeger, who added that visibility was a little lower at the time of the accident. "It's just one of those things. It's an unfortunate accident."

No citations were issued, though the accident remains under investigation.

Injured was Paul H. Wypych, of Rockingham Drive, Rochester. The driver is identified as Dennis A. Weibel, of Route 38, Castile.

Wypych was transported to Strong Memorial Hospital, where at 11 a.m. he was still being evaluated.

Photo: Dan Fischer, WBTA

Billie Ball, Founder of Circle of Love and her volunteers set up tables on Ellicott Avenue on Halloween Night. Their tables were filled with  donations of  warm clothing, scarfs, hats, jackets, boots  fresh produce and much more.  The children were offered a stuffed animal to take home with them. When speaking to Billie, she stated that she has a heart to reach the homeless and the needy.  She also shared that a local dry cleaner cleans the donated jackets for free! Many families benefited from the generosity of the Circle of Love on this chilly night.

Batavia's trick and treaters were out and about Sunday and several of them stopped by the haunted house on Watson Avenue.

This is the sunset I found on West Main Street Road, Batavia, on Saturday evening.

Carter Wasilewski, 7, was trying to help his dad Saturday afternoon by doing some fall leaf raking at their Redfield Drive home. Sister Paige, 10, was ready to help if he put down the rake.

Thelma and Rick Hall love the holidays. They decorate their home on Watson Avenue to suit the season, but for Halloween tomorrow, they've made an effort that goes beyond even last year -- new ghouls and goblins and a "chop house" where the kiddies will need to enter if they want any tricks or treats.

The whole haunted yard will be populated by Thelma Hall, left, Rick Hall, Daniel Brian, Toni Stoller, Lou Stoller, Ashley and Mike Meyers (newlyweds).

Daniel Brian and Toni will marry in 2011 on Halloween at the haunted house on Watson Avenue.

While driving around town Saturday evening, I came across a group of boys playing hockey on Kibbe Avenue. Here's a few pictures from their good time.

To purchase pictures, click here.

More pictures after the jump:

Saturday, the Batavia Fire Department held an open house, which included a chance for the kids to shoot a fire hose at traffic cones, a chance to get a close-up view of the fire trucks, information on fire safety, a child seat safety check (with the help of Batavia Police) and a demonstration of how the fire department can get trapped people out of a car.

The dismantling of a car was pretty fascinating and are a good portion of the pictures after the jump.

To purchase pictures from the event, click here.

The First Presbyterian Church Service Building was packed Saturday morning with hungry pancake eaters for the 52nd Kiwanis Pancake Days breakfast. At one point, the wait to get into the dining hall was 45 minutes long.

Above, Betty Ingram displays a heart-shaped pancake delivered to her by Sheriff Gary Maha.

To purchase pictures of Saturday's event, click here.

More photos after the jump: