David K. Atkinson is indicted for the crime of criminal sexual act in the first degree, a Class B felony. It is alleged that on Nov. 18 in the Town of Pembroke that Atkinson engaged in oral conduct with another person by forcible compulsion.

Matthew A. McCracken is indicted for the crime of attempted arson in the second degree, a Class C violent felony. It is alleged that on Dec. 24 McCracken intended to damage a building -- an upstairs apartment on Clay Street in the Village of Le Roy -- by starting a fire when another person who was not a participant in the crime was present in the building. Furthermore, it is alleged that the defendant knew -- either factually or circumstantially -- that the presence of the other person inside was a reasonable possibility and yet he allegedly attempted the arson. In count two, he is accused of the crime of endangering the welfare of a child. It is alleged in count two, that on Dec. 24 the defendant, at an upstairs apartment on Lake Street in the Village of Le Roy, knowlingly acted in a manner likely to injure the physical, mental or moral welfare of a child less that 17 years old by conduct that included the crime alleged in count one, and by being impaired by alcohol and going to sleep while a 1-year-old child was present.

Thomas A. Park is indicted for the crime of burglary in the second degree, a Class C violent felony. It is alleged that on April 24, Park knowingly entered or remained unlawfully in a dwelling on West Main Street in the Town of Le Roy with intent to commit a crime. In count two, he is accused of the crime of petit larceny, a Class A misdemeanor, for allegedly stealing $550. In count three, the defendant is accused of another act of second-degree burglary sometime between late winter in 2016 and June 15. In that incident, it is alleged that Park knowingly entered or remained unlawfully in another dwelling on West Main Street in the Town of Le Roy with intent to commit a crime. In count four, he is accused of another act of petit larceny during the same time period for allegedly stealing jewelry, a small safe and "a container used for religious purposes." In count five, Park is accused of a third crime of second-degree burglary. In count five, it is alleged that on May 11 or 12, he knowingly entered or unlawfully remained in a dwelling, one he allegedly previously burglarized, with intent to commit a crime. In count six, he is accused of a third incident of petit larceny -- allegedly he stole $100. In count seven, the defendant is accused of a fourth act of second-degree burglary, for the third time at the same location on West Main Street in Le Roy, which occurred on June 16. In count eight, he is accused of petit larceny for allegedly stealing money and greeting cards. In count 10, the man is accused for the fifth time of second-degree burglary at the same residence previously burlgarized several times, this time on June 17. In the last incident, Park allegedly took a Barnett Raptor Crossbow and frozen food items.

A possible residential structure fire is reported in Alexander. "A pellet stove is smoking and won't shut off," says a dispatcher. The location is lot #6 at the West Bank Mobile Home Park at 3189 Broadway Road. Alexander and Town of Batavia fire departments are called to respond.

Cal-Mum won the annual Rotary Basketball Tournament at Genesee Community College on Friday night with a 51-34 win over Notre Dame.

Gillian Flint of Cal-Mum was the tournament MVP. She scored 20 points in the final.

For Notre Dame, Callie McCulley scored 14 points and Natalie Thornton scored 11 points.

In the consolation game, Batavia beat Attica 61-55 in overtime. For the second game in a row, Ryann Stefaniak scored a season-best point total, after getting 26 on Wednesday; she scored 31 last night.

Stefaniak, along with Notre Dame's McCulley and Margaret Sutherland, were named to the All-Tournament Team.

To purchase prints, click here.

Press release:

City Bureau of Maintenance crews have started picking up Christmas trees, and will continue to pick up trees through Jan. 31.

City residents are asked to place their trees in the parkway without bags, stands, or decorations as these can damage equipment. Please keep trees free of snow and ice so they are visible.

What more do you need? This home covers it all for those that are just starting out or thinking about downsizing! Cute and spacious, it has a first floor bath and laundry and nice area for entertaining downstairs and the privacy of the bedrooms up! A lot has been done to this home and you can easily move in and get your bearings before you have to do anything! Think ahead to SPRING and look forward to working outside in your cute yard that is actually a double lot in the City. There is a lot to consider here for the money...easy to see anytime definitely one to check out and think about! Click here to view the complete listing for 9 Colorado Avenue in Batavia. Call Lynn Bezon at Reliant Real Estate today at 585-344-4663!

Press release:

The Batavia Police Department is looking to question Joel Zsebehazy, in reference to the Key Bank robbery which occurred on Dec. 27 at approximately 10:10 a.m. Zsebehazy is approximately 5 feet 10 inches tall, weighing 165 pounds with brown eyes. His last known address was 1570 Buffalo Ave. in Niagara Falls.

Zsebehazy is also wanted by NYS Parole for a violation of his parole. Crimestoppers Buffalo is offering up to a $1,000 reward for information leading to his arrest.

Zsebehazy has a violent, assaultive history, and should be considered armed and dangerous.

Anyone with information on the whereabouts of Zsebehazy should contact Detective Czora at 585-345-6311, the Batavia Police Confidential Tip Line at 585-345-6370 or Buffalo Crimestoppers at 716-867-6161. The Batavia Police Department is currently being assisted by NYS Parole, FBI Buffalo and Buffalo Crimestoppers.

Earlier today: Local police looking for man on possible parole violation with bank robbery history

A Niagara County man with an attempted bank robbery conviction is wanted on a warrant for an alleged parole violation and a police source confirmed this morning that local authorities have been asked to look for him as well since he could be in, or pass through, Genesee County.

Joel Zsebehazy, 33, 5’10” 165 lbs, has blond hair and brown eyes.

Authorities say he has a violent history and could be armed. If seen, call 9-1-1. If you have information on his whereabouts, you can call (585) 343-5000 or the Batavia PD confidential tip line at (585) 345-6370.

WIVB reported that authorities want to question Zsebehazy about a recent bank robbery, but we couldn't confirm that with local law enforcement.

After he was convicted on a drug dealing charge in 2015, the Buffalo News reported that Zsebehazy was an Afghan War vet looking at his last chance for rehabilitation after previous difficulties at drug treatment facilities. The Buffalo News reported that Zsebehazy suffers from PTSD.

Press release:

The City of Batavia Republican Committee on Thursday endorsed former City Councilman Robert Bialkowski to fill the City Councilperson-at-Large vacancy created by the recent resignation of Brooks Hawley when he moved into the Town of Batavia.

“We had three excellent candidates,” Chairman David Saleh said. “After they each presented their positions and qualifications to the Committee and after a lively debate, and several ballots, Bob was selected based on his experience and prior service.

The Committee is excited to recommend Bob to City Council and wishes to thank all three candidates for their willingness to serve the residents of our community.”

The other two candidates were former City Councilman William Cox and Notre Dame High School Assistant Principal and Athletic Director Michael Rapone.

Bialkowski is the owner of Great Lakes Aviation, is a retired Army helicopter pilot and continues to serve as a Coast Guard auxiliary pilot.

He has also served for many years on the City Republican Committee.

The next City Council meeting is scheduled for 7 p.m. Monday at City Centre Council Chambers.

A car has hit a guard rail on the Thruway in the area of mile marker 388.2 in the westbound lane.

Unknown injuries.

About 30 minutes ago, there was a motor-vehicle accident with apparently minor, if any, injuries in the area of 392.3 in the westbound lane.

Town of Batavia fire and Mercy EMS dispatched to both calls.

UPDATE 7:38 a.m.: No injuries on the accident at mile marker 388.2. Ambulance response is canceled. There is a fuel leak.

Two people arrested in December following an accident and pursuit through the woods off Keeney Road in Le Roy are now being accused of attempting to rob a nearby gas station that same night.

Giancarolo A. Miranda, 18, of Clipnock Road, Stafford, and Haleigh I. Ogden, 19, of East Avenue, Batavia, were charged today with attempted robbery, 2nd.

The arrest stems for a series of incidents the night of Dec. 12 that started the Kwik Fill in Le Roy when the pair allegedly showed up there about 10 p.m. with the intention to steal property. 

Ogden allegedly displayed a handgun.

The sole employee of the gas station had already locked the front door and there was apparently nothing stolen.

Miranda and Ogden then left the station and were involved in a motor-vehicle accident on Keeney Road.

They fled into the woods and after a search that involved deputies, Le Roy PD, troopers, a helicopter, and a K-9, the duo was located and taken into custody.

Once located, they were identified as suspects in a burglary a few days earlier. They were found in possession of a pit bull allegedly stolen from the animal shelter.

They were charged with burglary, 3rd.

They remain in custody with bail set at $15,000 each.

Christopher Charles Say, 26, of Goddard Street, Webster, Mass., is charged with: criminal mischief, 4th; criminal obstruction of breathing or blood circulation; endangering the welfare of a child; harassment, 2nd; and criminal contempt. Say was arrested by the Orleans County Sheriff's Office on a warrant out of Genesee County Court. He is also wanted on City of Batavia warrants. 

Dennis Allan Norris, 53, of Overbook Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding and drinking alcohol in a motor vehicle. Norris was stopped at 9:55 a.m. Dec. 23 on South Lake Road, Bergen, by Deputy Rachel Diehl.

Joseph Mark Dickinson, 26, of East Avenue, Batavia, is charged with DWI, driving with a BAC of .08, speeding and driver's view obstructed. Dickinson was stopped at 5:32 p.m. Wednesday on Pearl Street Road, Batavia, by Deputy Jenna Ferrando.

Notre Dame’s Lady Irish met Attica at Genesee Community College for the second game of the Batavia Rotary Club Girls Basketball Tournament. Coming into the game, Notre Dame was the favorite, but very quickly the game was in doubt for them as Attica came off the bench and started strong. By the end of the first quarter, Notre Dame had scored just two points on free throws and Attica led by 13 to 2. 

The second quarter was not that much better, even though Notre Dame tripled the amount of points they scored in the first quarter. Half time began with a score of Notre Dame 6 Attica 17.

Notre Dame's Head Coach Tom McCulley had a short meeting with his team in the locker room and they returned to the court to get ready for the second half. Whatever he said must have been effective because Notre Dame quickly took control of the game at both ends of the court. They were able to score consistently and shut out Attica’s offense. At the end of three quarters, Notre Dame led 23 to 17. 

Callie McCully (pictured above) led the scoring in the third for Notre Dame and continued the trend into the fourth quarter, ending the night with 15 points. Attica threatened to come back with a few nice plays but was not able to sustain a rally. Final score: Notre Dame 33 Attica 25.

Notre Dame moves on in the tournament to face Cal-Mum Friday. More pictures of the game are here.

For coverage of the Batavia -- Cal-Mum game, click here.

Ryann Stefaniak scored 26 points and Taylor Stefaniak added 15, but it wasn't enough to overcome an experienced an athletic Cal-Mum team in the opening round of the annual Rotary Tournament at GCC.

Cal-Mum moved to 8-1 with the 59-53 win.

Batavia drops to 2-8.

The Lady Devils rallied in the 4th quarter, closing a double-digit deficit and at one point pulling within three points of the Red Raiders. In that quarter, Ryann hit three three-pointers along with a pair of two-point goals and two free throws.

Taylor also hit a pair of threes in the 4th quarter. Melissa Mountain scored six and Bri Janes 6, including adding a three in that 24-point fourth quarter.

For Cal-Mum, Gillian Flint scored 19 points and Isabella Slocum had 13.

For coverage of the Notre Dame - Attica game, click here.

A fully involved house fire is reported in the Town of Batavia at 4719 East Road. Firefighters from the city and Town of Batavia are responding.

UPDATE 9:54 p.m.: No one was home when the fire broke out. It's unknown at this time whether any pets were inside the residence. The structure is fully ablaze.

UPDATE 10:36 p.m.: When the first firefighters arrived on scene there were flames out of the front left side of the structure from the second story, according to Town of Batavia Fire Department Deputy Chief Chad Higgins. They scaled a ladder and knocked them down before deploying hand lines. "Heavy wind conditions helped fuel the fire," Higgins said. "...Definately it's a battle. It's never easy with these winds." Yet they were able to contain the blaze to the front portion of the structure. Higgins said bystanders told firefighters they had contacted the homeowner, who was not there. No pets were on the premises. It's possible that an unattended wood stove caused the fire, but the incident is under investigation. Le Roy and Alexander fire crews also were on scene and Oakfield and Stafford crews stood by in quarters.

The near completion of a revised Comprehensive Plan, the imminent placement of a state-of-the-art solar wafer manufacturing plant at the WNY Science and Technology Advanced Manufacturing Park in the Town of Alabama, and a steady stream of proposed housing and building projects have Supervisor Gregory Post believing that 2017 will be a banner year for the Town of Batavia.

“While you notice that little has changed from last year in terms of protocols, policies and procedures, I think next year will be more exciting … you’ll see some significant changes,” Post said Wednesday night after the Batavia Town Board organizational and special meeting at Town Hall on West Main Street.

Post said that he expects 2017 to be a “very big and very exciting year” for the municipality and he bases his expectations on several factors, including:

-- The progress the town has made on its revised Comprehensive Plan, which is expected to be finalized by the spring;

-- Action by the Genesee County Economic Development Center to bring1366 Technologies, a Massachusetts solar wafer manufacturing firm, into the STAMP site;

-- Developments such as the Southwest Water District project and the termination of several PILOTS (payments in lieu of taxes) that will increase the town’s revenue in the form of taxes paid by companies doing business in the town.

“I think we’re at a breakpoint … we’re relatively stable and ready to hit that next bump (in economic activity),” he said.

Post said the plan that the board has put into place is designed to keep the tax rate at the current level for the next few years -- $2.64 per $1,000 of assessed valuation for 2017 – as long as revenues go up as expected. He did admit, however, that the negotiations between Genesee County and the City of Batavia on their sales tax allocation agreement as it pertains to water usage could negatively affect the town.

“We’re basing things on the current agreement,” Post said. “(Changes) could have a dramatic impact upon the town’s revenue.”

As far as the Comprehensive Plan is concerned, Post said the town is in prime position for growth “because we’ve been working the hardest for the longest period of time on the plan and its overlays.”

The town’s Comprehensive Plan governs decisions on zoning, capital improvements and budgeting, addressing key issues such as land use, natural resources, agriculture and farmland, parks and recreation, housing, economic development, transportation and government services. It last was updated about seven years ago.

Post also indicated that the board is considering a proposal by David Ficarella of Lovers Lane Road to build a three-story, 110-unit senior apartment complex off Route 33 near Donahue Road, west of the city.

Ficarella, working with Calamar Enterprises of Wheatfield, asked the town to provide breaks in property assessment over a 10-year period in return for the opportunity to generate more than $1 million in county and school tax revenue while also getting a sewer system that it could tap into in the future.

“There is always a way as long as there is an equitable benefit,” Post said in response to a question whether the town would entertain such a request. “We’re in the initial stages; we haven’t said no to anything.”

The project also would involve the extension of Edgewood Drive to Pearl Street and beyond, something that Post said town officials would be talking about in the near future.

In addition to this project, Post said the town is fielding dozens of building and zoning requests from business owners and residents. 

In action during the special meeting, the board:

-- Renewed an agreement with Arcadis of New York Inc., of Fairport to provide annual operation and maintenance engineering services at the Town of Batavia Landfill Superfund Site near Galloway and Kelsey roads at a cost of $17,022, slightly more than the $16,982 that was agreed to for 2016.

Seventy-five percent of the cost will be paid by the City of Batavia and the other 25 percent will be covered by the Town. The work involves project coordination and reporting along with groundwater sampling and monitoring.

-- Contracted with WorkFit Medical, of Rochester, to provide drug- and alcohol-testing services for employees at a cost of $100 per employee plus other service fees, such as physicals, immunizations and blood work per a predetermined schedule.

-- Contracted with Royal Employer Services, a program of Genesee/Orleans Council on Alcoholism and Substance Abuse, for counseling services at a cost of $320 for 2017.

-- Authorized Joseph Neth, assistant engineer, to participate in the 2017 Leadership Genesee program at a cost of $2,100.

During its organizational meeting, the board:

-- Made the following appointments -- Linda Eick, Wayne Townsend and Marcy Crandall to the Town Board of Ethics; Louis Paganello to the Planning Board for a six-year term; Andrew Young to the Zoning Board of Appeals for a four-year term, and Donna Morrill as an alternate member of the ZBA for a two-year term.

-- Approved salaries of elected officials as follows – Supervisor, $30,000; Deputy Supervisor, $15,000; Council members, $10,000; Town Clerk/Tax Collector, $66,229; Highway Superintendent, $18,035; Town Justice (2), $25,235.

The Gerace family is returning to their locally owned roots in real estate in Genesee County.

Two years ago, Joe and Lois Gerace sold Bob Harris Realty to Realty USA, a Buffalo-based company, but in July, the CEO of Realty USA sold his company to Pennsylvania-based Howard Hanna Company and when John and Robert Gerace got word that new owners wanted to consolidate offices, that just didn't make sense to them.

"It doesn't make sense to say you're local and then have a business card with Lancaster or Depew on it," John said. "Are you local or aren't you? I think it was confusing."

The new company will be Gerace Realty. The new website is geracerealty.com. Like Bob Harris, and RealtyUSA, the new logo is red, white and black.

Lois, who has 40 years experience in real estate, will be part of the new company along with John and Robert. Much of the staff will be the same as it was for years when the company was Bob Harris.

The new signs, on the same converted house on Ellicott Avenue that was home to Bob Harris Realty when Joe and Lois bought the company in 1986, went up yesterday while the transition is still underway.

John Gerace said managers at Realty USA were supportive of their decision to go back to being a locally owned office and the relationship with staff there remains good and Gerace Realty will be able to tap into the larger company's network of bankers and attorneys as needed.

Howard Hanna also acquired Nothnagle, and both John and Robert see an advantage being outside of Rochester and Buffalo as a smaller, locally focused company.

"You're dealing with experienced agents," Robert said. "This is something we do full time. You're not dealing with somebody who is part time. This is what we do." 

John thinks more and more people value that local connection. He compared it to smaller hardware store surviving in the face of competition from Home Depot and Lowe's.

"There's great service when you walk in," John said. "They know you by name. I think people want that back."

A 26-year-old St. Johnsville woman cried and begged for a chance to avoid prison for her part in a strong-armed robbery attempt at a smoke shop in May in Basom, but the judge hearing her case told her she hadn't earned a chance to be released on probation.

"In light of the violent nature of the crime and the apparent lack of any effort on your part to address your addictions and mental health issues until the day you were to be sentenced, it is alarming," said Interim County Court Judge Emilio Colaiacovo.

Misty Dawn Souza was sent to prison for three and a half years.  

Her attorney, Fred Rarick, tried to argue for probation, given her history of mental issues, but District Attorney Lawrence Friedman said that nature of the crime and her criminal history warranted the maximum sentence available under the plea agreement.

"The reasons for a probationary sentence you have presented have been an unconvincing explanation for why the court should show (mercy)," Colaiacovo said.

Souza said she was a drug-addicted baby at birth, that she had been diagnosed with mental health issues at age 11, but instead of giving her the medicine prescribed by a doctor, her mother introduced her to marijuana. A short time later, she said, her father introduced her to crack cocaine.

Dressed in a dress of wide black-and-white horizontal stripes, Souza cried through most of her statement to the court.

"I believe I need help with my mental health issues," Souza said. "I don't want to go to prison. I'm scared. I know what I did was wrong. If I could take it all back, I would."

Souza and Jeremy J. Reynolds, 34, of Johnstown, entered the Smoke Rings Smoke Shop the night of May 20 carrying what looked like guns. Things quickly got out of hand and it was a dangerous and scary situation, Friedman said.

"They pointed what appeared to be real guns at the clerk behind the counter and the clerk obviously became fearful for his life," Friedman said.

Rarick said his client was a person who could be easily mislead and that's exactly what Reynolds did. He also said that Reynolds had slipped Souza a gummy bear laced with acid (LSD), which she didn't know, prior to the robbery.

It wasn't long after the robbery attempt began that Souza fled into the dark woods near the smoke shop where she wandered haphazardly for some time. When she was picked up later, she said, according to Rarick, that she had a bear on her back.

Souza said she has a 10-year-old daughter who is a straight-A student and wants to be a police officer someday.

Colaiacovo told Souza that there will be plenty of opportunities in prison for Souza to get the mental health care and drug treatment she needs, if she takes advantage of those programs.

"It's never too late to become a good example to your child," Colaiacovo said. "I hope avail yourself of the opportunities you will have in prison and start heading in the right direction in life."