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Attorney accused of stealing from client

By Howard B. Owens
Terrance Falk

An attorney and former Le Roy resident is accused of stealing settlement money from a client for whom he helped win a judgement in November, 2012.

Terrance A. Falk, 49, of 16 Woodsmeadow Lane, Rochester, is charged with charged with grand larceny, 3rd, following an investigation by Le Roy PD.

An investigation began after police received a complaint that from 2009 until the suit was settled, Falk represented the complainant. Falk allegedly received $15,000 from the other party on behalf of the victim, but misappropriated the funds. 

Grand larceny, 3rd, covers thefts of $3,000 or more.

Falk was arraigned and released on his own recognizance.

Photos: Taste of Independence in Jackson Square

By Howard B. Owens

The Independent Living Center hosted its first Taste of Independence festival in Jackson Square last night.

Several local restaurants and bakeries served food at the fundraiser, which included a basket raffle.

Participating were: D&R Depot, Rack Shack, Terry Hills, T.F. Browns, Swy's Catering, Big Pauly's, Sweet Ecstasy Bakery, Bistro & Banquets, Coffee Culture Cafe & Eatery, and Tops Friendly Markets. Mueller Quaker also provided yogurt, Subway provided cookies and Wendy's provided beverages.

Above, Rae Frank and Greg Bruggman drew tickets for the raffle.

Photos by Amanda Earl.

Jeremy Franklin and Gillian Cleveland.

Yvette Lucas, Community Events Outreach coordinator.  

Donna Becker of Independent Living enters tickets for the basket raffle.

Don Bouchard.

LA taco wagon transformed into BBQmobile

By Howard B. Owens

A former taco wagon from Los Angeles is now a Southern BBQ truck in WNY.

The transformation was made by Cregg Paul, owner of Center Street Smoke House, who bought the truck from a seller in Fayetteville, NC, and drove the truck to Batavia.

It was exciting to see an authentic taco wagon on Center Street for a couple of weeks, but carne asada wasn't in Paul's plans. He's sticking to what he does best: brisket, ribs and pulled pork.

The truck is available for catered happenings and Paul plans on using it at festivals and other public events.

Collins tours Graham Corp. in Batavia

By Howard B. Owens

Press release:

Congressman Chris Collins (R-NY-27) visited Graham Corporation in Batavia to see firsthand the skilled jobs and business that the production of Navy aircraft carriers brings to the region. Graham Corporation builds and supplies main condensers and air ejectors for Navy aircraft carriers.

Graham Corporation is part of a vital defense industrial base consisting of more than 2,000 small, mid-sized, and large businesses from 43 states that provides parts and services for Navy aircraft carriers.

During his tour, Congressman Collins met with the employees at Graham Corporation to discuss the unique skills they contribute to the industrial base that supplies parts to the Navy aircraft carrier program.

“It was an honor meeting the employees at Graham and learning about their vital work constructing components for our Navy’s aircraft carriers,” Congressman Collins said. “Local businesses like Graham are essential to maintaining economic growth and good-paying job opportunities here in Western New York, while ensuring our nation’s national security. It was great to see firsthand how the skilled work happening here in Batavia contributes to our Navy’s strength around the world.”

“Building new carriers every five years and undertaking maintenance on a regular schedule preserves the fleet at its required operational level of 11 carriers and keeps the industrial base sustainable and strong. Today we got the opportunity to talk with Congressman Collins about why it is so critical to our local jobs and businesses and our national security,” said Ken Salphine, manager of Marine & Nuclear Products at Graham Corporation.

Law and Order: Young man accused of punching older family member, leading to felony charge

By Howard B. Owens

Forrest Ansel III, 24, of East Main Street, Batavia, is charged with assault, 2nd. Ansel is accused of punching a relative several times, causing physical injury. The alleged victim is over 65 and more than 10 years older than Ansel. Ansel was arraigned and released under supervision of Genesee Justice.

Paul C. Ferraro, 19, of South Pearl Street, Oakfield, is charged with grand larceny, 3rd. Ferraro is accused of stealing more than $3,000 over a two-month period while employed at Save-A-Lot. Ferraro was jailed without bail.

Thomas Webb

Thomas A. Webb, 54, of Syracuse, is charged with criminal possession of a forged instrument, 2nd. Webb was arrested after a bank employee called about two people in the bank trying to cash forged checks. Webb was apprehended at the scene, but the other person fled before police arrived. Police recovered the checks and the IDs of both suspects. The investigation indicates at least one other person may be involved. That person appears to have supplied the forged checks to the suspects and similar checks that were cashed at another bank branch in the City of Batavia. Le Roy PD and Batavia PD are working together in an ongoing investigation.

Timothy J. Lewis, 20, of Ellicott Street Road, Pavilion, is charged with harassment, 2nd. Lewis is accused of hitting a family member and a friend while in the parking lot of Oliver's Candies at 3:30 a.m., Wednesday.

Katherine S. Thomas, 41, of Ross Street, Batavia, is charged with disorderly conduct. Thomas is accused of intentionally breaking a glass mug on the sidewalk in front of her residence, causing a physically offensive and hazardous condition.

Pedestrian reportedly hit by car in parking lot of Coffee Culture

By Howard B. Owens

A pedestrian has reportedly been hit by a car in the parking lot of Coffee Culture, off Court Street.

City fire and Mercy EMS responding.

UPDATE 8:19 a.m.: The patient is being transported to UMMC. Bumps and bruises and right shoulder pain. The car was traveling at low speed.

Football Preview: Lancers, a year older and a year hungrier

By Howard B. Owens

It's hard to find a high school football coach who will predict a winning season during an August practice session, and Elba/Byron-Bergen Head Coach Michael Cintorino is no exception.

But clearly, he has a lot to be excited about.

He's got a starting QB coming into his second year leading the varsity squad who's gotten bigger and stronger in the off season and put in the hard work to improve his skills.

He has two proven veterans to run the ball, and both his offensive and defensive lines are stocked with second- and third-year players.

Last year's 3-5 season was merely a chance to grow and learn for this group of players.

"This year, they're a year old, a year hungrier and they've been extremely competitive in practice and looking forward to the start of the season," Cintorino said.

The offense will be led by Garrett Chapell, who was shaky at times last year, but Cintorino said he's playing now with a whole new level of confidence.

"He looks fantastic this year, Cintorino said. "He put in a ton of work in the off season."

He'll have three first-year receivers, but Cintorino said they look like real weapons for Chapell so far.

The backfield will be bolstered with the experience of Steele Truax and Mike Shanley, who both proved last year they can run for positive yards and put points on the board.

So will this all add up into Ws for the Lancers, maybe a nice post-season run.

Cintorino dosn't want to go that far. Not yet.

"It's tough to say (how good the team will be)," Cintorino said. "Everyone else is probably saying the same things that we are right now, so we have to see what the league is going to look like once the season actually kicks off. Our goal is obviously to compete for a league championship and make it to sectionals and compete in the Class C sectionals, but there are a lot of good teams putting in the same work we are, so we have to wait and see until we get started."

Football Preview: Young players already experienced in winning move into key roles at Notre Dame

By Howard B. Owens

 

With each turn of a new generation of football players at Norte Dame, Head Coach Rick Mancuso usually finds a way to mold the young players into a winning unit.

Mancuso, of course, stops short of making any predictions for the Fighting Irish in 2014, but he does say he has a good group of young men who have been working hard and putting in the time to get ready for another season.

"Last year, our JV team had a successful season, so they're coming in and they had a lot of experience last year towards the end," Mancuso said. "We pulled up some kids for sections who got some playing time, which is a big advantage for them. Hopefully, we can keep them motivated and learning every day."

The offense will now be in the hands of junior Connor Logsdon, who led that JV squad last year to its undefeated season.

He steps into the shoes of record-setting QB Tim McCulley, but Mancuso said Logsdon is now his own man with his own offense to run.

"We're not asking him to fill anybody's shoes," Mancuso said. "We're asking him to execute the offense and do what he can do. Everybody's got to do their 1/11th."

Not much about the offensive scheme will change from recent seasons. Notre Dame will run and it will pass and work at setting up scoring opportunities.

"Unless you've got all the horses up front, you can't run the offense one way or the other," Mancuso said. "We're going to mix it up. We'll pretty much run the offense we've been running right along. We won't be spread as much as we were. We'll be spread sometimes, but we've got the full confidence in this team being able to execute what we put in."

The Irish are coming off a 6-2 season that ended jarringly with a 28-0 loss to Alexander in the first round of Class D sectional play. 

Notre Dame opens the season at home against Oakfield-Alabama on Sept. 6 at 1:30 p.m.

"We've got a great group of guys," Mancuso said. "I think everybody is going to do their best to make the team successful."

Photos: Bulldawgs and Blue Devils scrimmage at Van Detta

By Howard B. Owens

The Batavia Bulldawgs and the Batavia Blue Devils met in a scrimmage this evening at Van Detta Stadium.

Who won?

Who cares. The Mini-Division (8-9 years old) Bulldawgs were clearly thrilled to be on Woodward Field and get a pre-game pep talk in the Blue Devils' locker room from Batavia Head Coach Brennan Briggs.

Briggs told his team that he heard the Bulldawgs defense hadn't given up a score yet this season, so the Blue Devils offense might have a tough time of it.

In the first series, the Bulldawgs stopped running back Dominick Mogavero behind the line of scrimmage and sacked QB Greg Mruczek.

On the first play, the Blue Devils linemen didn't block. Rather they grabbed each of the Bulldawgs in front of them and lifted them in the air over their heads. Above, offensive lineman Gunner Rapone lifts an obviously thrilled Nathaniel Heusinger.

Photo: Fishing the Tonawanda behind the courthouse

By Howard B. Owens

When I left the County Courthouse this afternoon, I spotted a family fishing below the falls of the Tonawanda Creek. Above, Zachary Albright, 11, of Albion, gets ready to recast his lure into the creek.

Photos: Today in Genesee County

By Howard B. Owens

The morning in Batavia started out kind of gloomy, but by the afternoon, the skies had cleared a bit and it was another beautiful day in Genesee County.

Above, a tree and barn off Selden Road, Le Roy.

A barn on Thwing Road, Stafford.

The view from Clinton Street Road, Stafford.

And below, three shots of Richard Oderkirk's sunflowers in Stafford.

City has seven fire hydrants awaiting replacement

By Howard B. Owens

If you've noticed some fire hydrants bagged with "not in service" messages in the city, Fire Chief Jim Maxwell said it's not something local residents need to be overly concerned about.

"Hydrants are spaced not to exceed a maximum of 500 feet," Maxwell said. "This allows for a fire hydrant to be readily accessible in either direction in the event of an emergency."

Currently, of the 746 hydrants in the city, seven are currently out of service.

Maxwell explained that hydrants are mechanical devices, which means they are subject to breakdowns.

Firefighters regularly test hydrants to ensure they are working properly. If they're not working, the bags being used help firefighters quickly identify an out-of-service hydrant during an emergency so they can quickly locate another one to use.

Of the seven hydrants out of service, one has been out of service since 2011, one since 2012, three since 2013, and two were taken out of service this year.

Out-of-service hydrants need to be replaced with new equipment. Each hydrant costs $2,200.

City workers, from the Bureau of Water and Wastewater, do the replacement work on a time-available basis.

The hydrants could be replaced more quickly if a contractor was hired, Maxwell said, but that drives the cost up to $7,500 per hydrant.

Waiting for available time for city workers to do the work will save taxpayers about $37,100 to replace the current out-of-service hydrants, Maxwell said.

Thruway Authority warns of possible traffic slowdowns on portion of I-90 locally

By Howard B. Owens

Press release:

The New York State Thruway Authority has announced that emergency repairs to the Wheatland Center Road overhead bridge on I-90 westbound between exit 46 (I-390) and exit 47 (Leroy) are under way.

Thruway maintenance crews began work early this morning and will continue through early Wednesday afternoon, then resume work late Wednesday evening after rush hour in order to complete the work before the Labor Day Holiday weekend work restriction period begins.

Motorists traveling westbound on I-90 should be prepared for possible slow moving or stopped traffic.

The Thruway Authority appreciates motorists’ patience during this emergency work.

Hawley earns perfect legislative score from NFIB

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) recently received a perfect score on his voting record from the National Federation of Independent Business (NFIB), a group that advocates for policies that help businesses grow and create jobs.

This is Hawley’s second perfect score from a business advocacy group, having received a perfect score from Unshackle Upstate last week. Hawley is thankful for the group’s support and promises to continue working with them to create more job opportunities for Western New Yorkers.

“I have dedicated my service in the Assembly to advocate for policies that help local small businesses and middle-class families thrive right here in Western New York,” Hawley said. “It’s good to have the partnership of groups like the NFIB that share my passion for this goal. We will continue working together to create a business climate that enables people to work in well-paying jobs.”

Noonan considering speedy trial motion in Dashawn Butler case

By Howard B. Owens

A Batavia police officer testified today that there was an extended effort to locate Dashawn Butler after a warrant was issued for his arrest in October 2013.

Butler's defense attorney asked questions and got answers that could suggest the police didn't do all they could.

Today's hearing was on a motion by attorney Tom Burns to have the felony charges against his client thrown out on "speedy trial" grounds.

Every defendant has a Constitutional right to a speedy trial. The clock starts ticking if the police are doing all in their power to locate the suspect. If they are making every effort, then the clock for a speedy trial starts at the time of arrest, rather than when the warrant was issued.

The warrant for Butler was issued in October, but he wasn't located and arrested until June.

Butler is charged with criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.  He's also accused of firing a weapon at another person Sept. 27 on State Street.

Sgt. Dan Coffey said that after the warrant was issued, police officers checked at least six possible addresses for Butler and looking for Butler was a frequent topic of shift-change meetings.

On cross-examination, Coffey said he had never personally been to the address where Butler was eventually located, though he said BPD had that address under observation for some time. He said he had not contacted State Police to see if troopers had any idea about Butler's whereabouts, and he did not seek utility records in an attempt to track down an address for Butler. He said he did contact Social Services to see if that agency had an address for Butler, but DSS did not.  

BPD also monitored a social media account reportedly belonging to Butler.

Coffey also provided a series of e-mail exchanges as possible evidence of BPD's efforts to locate Butler.

Burns objected to introducing the e-mails as evidence under the hearsay rules.  

Friedman argued that in a hearing such as this, the hearsay rules didn't apply, but even if they did, the e-mails weren't hearsay because they weren't being used as proof of the crimes charged.

Burns cited two prior rulings that found such e-mails were hearsay and that the prosecution has an obligation to call as witnesses the other police officers involved in the exchange.

Judge Robert C. Noonan said he has never read those cases before, so he called for an adjournment to read the cases and consider Burns' motion.

Whether the hearing will continue at a later date will depend on how Noonan rules on the motion.

Butler remains free on bail. There is no trial date set yet.

Photo: Route 5 repaving in Le Roy

By Howard B. Owens

Contractors are continuing work today on the repaving of Route 5 through the Village of Le Roy, creating a bit of a traffic snarl.

Law and Order: Driver accused of possessing marijuana following accident in Le Roy

By Howard B. Owens

Gina Lee Colangelo, 22, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to keep right. Colangelo was allegedly the driver in an accident where her vehicle failed to remain in its own lane. Colangelo's vehicle was reportedly westbound on West Main Road, Le Roy, at 9:07 p.m. June 17 when it collided with a vehicle in the eastbound lane. In the course of the accident investigation, Deputy Joseph Graff allegedly found marijauna in Colangelo's vehicle.

Eric Joseph Smith, 29, of Gilbert Street, Le Roy, is charged with petit larceny. Smith is accused of stealing $107 in merchandise from Walmart.

A 16-year-old resident of Parsells Avenue, Rochester, is charged with petit larceny. The youth is accused of shoplifting from Walmart.

Serviceman returns from Middle East to big hometown welcome in Le Roy

By Howard B. Owens

Le Roy resident Mike Risewick, returning from his second deployment to the Middle East, got a grand welcome home tonight, including a shuttle pick-up with friends and family at the Rochester Airport courtesy S&S Limousine. The Le Roy Fire Department provided a lights and siren escort from the I-490 into the village.

It's the kind of welcome, Risewick noted, that only happens in a small town. And only in a small town do friends and neighbors look out for the families of men and women deployed overseas.

"It's incredible," Risewick said of the welcome. "I certainly didn't expect it. It's easy for me to go do this, but all the time in the back of your mind, you're always worried about how the family back home is making out. Le Roy, the town, has just been great. The friends, all the carpooling rides, everybody coming together to make sure my wife and kids were taken care of. I couldn't ask for any more than that."

Risewick, who is with Bravo Company 6442 ASB (helicopter maintenance) has been in the military for 32 years, including three years active duty and the rest of the time attached to the National Guard. He was previously deployed to Iraq. This latest deployment -- which started in October with a trip to Ft. Hood in Killeen, Texas -- was to Kuwait.

Risewick with wife Linda and sons Eric and Adam.

Sign outside Spirit's on Lake Street this evening.

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