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Four arrests and eight citations at Darien Lake's Lynyrd Skynyrd concert

By Howard B. Owens

The following arrests and citations were made in conjunction with the Lynyrd Skynyrd concert July 3 at Darian Lake.

William H. Chapple, 42, of Pine Street, Lockport, is charged with criminal possession of a controlled substance 7th, tampering with physical evidence and unlawful possession of marijuana. Chapple is accused of allegedly possessing a quantity of marijuana and attempting to destroy it. While being processed he was reportedly found to be in possession of a controlled substance.

Lawrence P. Taylor, 37, of Main Street, Depew, is charged with disorderly conduct after allegedly throwing a cup containing alcohol onto another patron.

Dennis M. Moquin, 38, of Buffalo Street, Silver Creek, is charged with harassment, 2nd, after allegedly striking another person in the parking lot after the concert.

Eric J. Ronchi, 18, of Bay Road, Webster, is charged with petit larceny after allegedly stealing hot dogs and firewood from the General Store at Darien Lake.

The following citations were issued for alleged underage drinking:

David E. Bucholz, 18, of Briggs Avenue, Buffalo
Mario V. Tremblay, 19, of Wickman Road, Cattaraugus
Cody E. Sawyer, 19, of Mosher Highway Road, Cattaraugus
Chantelle L. Niemer, 18, of Greenleaf Lane, Cheektowaga
Chelsie L. Suttell, 19, of Penwood Drive, Cheektowaga
Marissa M. Floyd, 18, of Carol Drive, Cheektowaga
Nathan W. Studley, 18, of South Main Street, Cattaraugus
Kyle A. Wittrock, 19, of Stateland Road, Cattaraugus

Dirt bike rider suffers leg injury in accident in Byron

By Howard B. Owens

A 41-year-old dirt bike rider from Rochester was injured Saturday afternoon when he lost control of his bike while riding along abandoned railroad tracks in Byron.

Ernesto Rivera, of Portland Avenue, Rochester, was transported to Strong Memorial Hospital following the 4:14 p.m. accident with a leg injury.

Rivera was reportedly riding along tracks known as the West Shore Tracks when his bike hit a knoll and he was ejected from the bike.

No other vehicles or people were involved in the accident. No citations were issued.

Photos: Area 51 Motocross

By Howard B. Owens

Today was race day at Area 51 Motocross. I thought it would be interesting to head out to the dirt bike track and snap a few photographs.

More pictures after the jump:

Photos: Fireworks at Dwyer

By Howard B. Owens

The Batavia Muckdogs provided the second of two July 4th Weekend fireworks shows after tonight's game.

Note: There is no home game July 4, so don't expect fireworks.

More pictures after the jump:

Muckdogs blanked 4-0 on fireworks night

By Howard B. Owens

There were plenty of fireworks at Dwyer Stadium tonight, unfortunately, they didn't come while any Muckdogs were at the plate.

Four Auburn pitchers shutdown Batavia's offense, as the Doubledays (8-8) picked up a 4-0 win over the home squad in front of more than 1,500 fans.

Starter Justin Edwards, of Guyton, Ga., and making his second swing through Batavia, held the Doubledays to only four hits in 5 2/3 innings, but he also walked three and the lone run he surrendered was enough to tag him with the loss.

Batavia is now 7-9, but trailed first place Jamestown (9-7) by only two games in the Pinckney Division.

The Muckdogs will be out of town for July 4, starting a three-game series against Tri-Cities.

The team returns home July 8 against Connecticut.

More pictures after the jump:

Photos: 5th Annual Ramblefest

By Howard B. Owens

It was a beautiful day in Batavia, a beautiful day for the city's music and art lovers to come together for an afternoon and evening of music, art and games.

More photos after the jump:

Tree fire reported on Putman Road

By Billie Owens

A tree fire is reported at 9362 Putman Road, about 150 yards off the roadway, down a long driveway. The area is northeast of Transit Road. Town of Batavia Fire Department has been notified.

UPDATE (8:29 p.m.): The tree fire is not near any structures, but it is not yet known whether it is near other trees.

UPDATE (8:33 p.m.): The fire is in the brush underneath some trees, apparently from a controlled burn that got out of control.

Solar-powered sign is Batavia elementary school's first step toward 'Going Green'

By Daniel Crofts

Digital signs are nothing new for area schools -- but Robert Morris Elementary, at 80 Union St. in Batavia, is the first school in the Genesee Valley to have a solar-powered digital sign, which was unveiled last month.

The new 3x8 sign, which shares important information with the school community, is fully powered by the sun's energy, collected and converted into electricity by solar panels on the school's roof.

This environmentally friendly and money-saving technology allows the sign to store energy and stay powered up even at night and in overcast weather. 

The sign is part of Robert Morris' "Going Green" project, which is being coordinated by the all-volunteer parent group FORM (Friends of Robert Morris).

The "green" project, in turn, is part of the school's committment to educating students and keeping them informed about renewable energy and environmentally responsible technology.

As the current school year drew to a close, Principal Diane Bonarigo went to each of the classrooms and explained the new solar sign to students -- including how it would turn the sun's energy into electricity, etc.

"Our students are very excited about learning how solar energy is powering this sign," Bonarigo said in a news release. "(It) will engage (them) for years to come."

FORM co-chair Roseann Quinn said that they would like to focus more intensely on "green" education in September. She mentioned the possibility of having professionals come in and speak to the kids about different renewable energy technologies, as well as basic education in the classrooms.

"Now with the solar sign, the kids have something they can see and touch (to go along with lessons)," Quinn said.

Quinn also said that FORM and Bonarigo would like to put the students in charge of the sign when the next school year starts. Right now, Bonarigo controls what words appear on the sign from her laptop computer; in September, they hope to give the kids more input into the way words appear and change.

At Robert Morris, going green also involves lots of landscape planting on school grounds. Here are some pictures of new trees and bushes that have been put in already: 

FORM chair Lorie Reinhart came up with the idea for this project early in the 2008-2009 school year after looking online and reading about an education grant offered by Lowe's.

"We wanted to do something different," Quinn said. "We wanted to actually try to do something that a lot of schools talk about but never get around to doing."

Reinhart and Quinn wrote the grant proposal along with co-secretary Michelle Turnbull. In response to FORM's request, Lowe's granted the school $5,000 for the solar sign.

The project also received funding from the New York State Power Authority -- which was unprecedented, since NYSPA does not, as a rule, give money to schools. But the NYSPA president was so intrigued by the idea that he contributed $5,000 to the project.

Seven or eight local businesses also donated money to the purchase of the sign. Quinn said that the total cost came to about $18,000.

In addition to being a valuable educational venture, Quinn sees the construction of the sign as a grassroots effort to promote renewable energy, which she calls "the way of the future."

FORM wanted to make this as locally focused an effort as possible. The sign was produced by LeRoy-based Unitech Applications, in collaboration with XPress Signs and Agile Displays.

If you would like more information on the solar-powered digital sign or the "Going Green" project, see the FORM webpage for contact information.

Vehicle plows into utility pole on North Road, Le Roy

By Billie Owens

A vehicle crashed into a utility pole at 8005 North Road in Le Roy, breaking the pole in half. Minor injuries are reported. Le Roy Fire and Le Roy Ambulance are responding.

The location is between Conlon and Hebbard roads, but closer to Conlon.

The roadway is completely blocked. Fire police are called to halt traffic at North Road and Route 19 and also at Conlon Road and Oatka Trail.

UPDATE (12:28 p.m.): The driver is out of the vehicle and walking around.

UPDATE (12:32 p.m.): National Grid has been notified about the damage. No ETA given.

UPDATE (12:45 p.m.): Before fire police could handle the traffic flow, a vehicle mowed down a stop sign somewhere in the vicinity and the county highway department is being notified. The authorities are determining whether there is a power outage. A pair of German shephards are in a nearby yard and if there is no power there, the dogs will need to be restrained, presumably because an electrical fence would not be working and the residents aren't home. National Grid is on scene.

UPDATE (1:05 p.m.): There is no phone service east of Conlon Road. The dispatcher says the downed line is reportedly for one of the largest service areas.

UPDATE (2:54 p.m.): National Grids says it will be four to five hours to complete repairs. More hazard cones to block traffic are requested from the county highway department, enough to block off three different traffic areas.

Democrat Marc Coppola launches campaign for 61st District Senate seat

By Billie Owens

Democrat Marc Coppola of Townawanda kicked off his senate campaign on Wednesday. He plans to run against Republican Mike Ranzenhofer for the senate seat in the 61st District.

He says it's time for a change in Albany and he knows how to do it.

He said New York needs to simplify the process for starting a small business. He also wants to set a constitutional deadline to eliminate overdue budgets in the future.

This information was provided by WBTA.

Hawley slams Assembly Majority for 'tax-and-borrowing gimmicks' to complete new state budget

By Billie Owens

Assemblyman Steve Hawley issued the following news release today on what he says is the state Assembly Majority's use of "tax-and-borrowing gimmicks" to complete the new budget.

“After months of delay and behind-closed-door negotiations, the Assembly Majority finally finished their portion of the 2010-2011 State Budget tonight. Sadly, rather than pass a state budget that would properly close the $9.2 million budget deficit, limit state spending, and ease the burden on taxpayers, this budget instead increases taxes, fees, and
borrowing, while doing little to prevent future budget deficits from occurring.”

“The final assembly budget came to a total of $135.7 billion -- $1.7 billion more than the 2009-2010 budget -- and included $1.45 billion in new taxes and fees, while using vague ‘savings’ plans instead of real cuts. The most notable of which is the $330 million tax hike on clothing sales.

"However, what’s worse is the fact that the completion of this budget essentially came down to fuzzy math and unconventional borrowing that deferred job-creating tax credits and raided contributions to the state pension fund and other state funds.

“Specifically, the Western New York Energy LLC is one of the companies affected the most by this legislation. Under the budget legislation, this business will lose $2 million of their job-creating tax credits from the state.

"Add that to the proposal to collect $100 million in 2010, $970 million in 2011, and $870 million in 2012 on other businesses through the deferral of their job-creating tax credits, and it is clear that (Thursday's) budget legislation will send the wrong message to businesses who are located here and are considering to locate here.

“The Assembly Majority should be investing in businesses to promote job creation and to boost our economy. Instead, they continue to look for quick money grabs regardless of the long-term consequences.

"I voted against this budget legislation July 1 and encourage my colleagues in the Senate to return to Albany and make the difficult decisions by cutting back and doing the right thing for the ridiculously overburdened taxpayers of this state!

"By downsizing government and rewarding hard work ethic we can return our state to the ‘Empire State’ status sooner, rather than later or never.”

New York now boasts highest cigarette taxes in the USA; health officials urge people to quit

By Billie Owens

Kevin J. Keenan, program coordinator Smoke Free Now in Genesee County, sent along this news release today.

On Thursday, State Health Commissioner Richard F. Daines, M.D., urged New Yorkers to quit smoking rather than pay the additional $1.60 per pack state cigarette tax increase that takes effect today.

With the increase in effect, the tax on a pack of cigarettes will rise to $4.35 per pack and $5.85 a pack in New York City – the highest cigarette taxes in the nation.

This tax continues New York's national leadership in the fight against tobacco use, the No. 1 cause of preventable death in the United States. A pack of cigarettes will now cost more than $10 in New York City and more than $8 across the rest of the State.

"This tax increase should be the motivation smokers need to give up this deadly addiction for good," Commissioner Daines said. "The health benefits of quitting smoking are undeniable.

"Smokers who quit are at a lower risk of developing smoking-related heart disease and suffering from strokes, cancer and emphysema. If you smoke, now is the time to talk to your doctor or call the New York State Smokers' Quitline."

The Quitline offers free services to help people stop smoking, including nicotine patches, coaching, quit plans, information and free online help. To access the Quitline, call 1-866-NY-QUITS (1-866-697-8487) or visit www.nysmokefree.com.

Taxes will also increase for other tobacco products, such as smokeless tobacco products and cigars, from 46 percent to 75 percent of the wholesale price.

Increases in tobacco taxes are expected to prevent 170,500 New York kids from becoming smokers, motivate 86,100 adult smokers to quit and save 77,000 New Yorkers from premature, smoking-related deaths.

The increased tax will also save $4.8 billion in future health care costs and raise $290 million in 2010-11 in state revenues.

"This is a win-win for the health of New York State," Daines said. "Fewer adults and children will use deadly tobacco products and the state will generate revenues to help sustain important programs and services."

"Smoking is not a habit," said Jeffrey Willett, director of the state's Tobacco Control Program. "It's an addiction, and it's hard to quit. The State Health Department's Smokers' Quitline provides free services that increase the likelihood that a smoker will quit for good."

Smoking Facts

  • On average, smokers die 14 years younger than non-smokers.
  • Smoking increases a person's risk of heart disease, stroke, lung cancer and other cancers.
  • Secondhand smoke also causes heart disease and cancer, and contributes to asthma and other respiratory illness.
  • Infants with a parent who smokes are more likely to die from Sudden Infant Death Syndrome.
  • Babies and children who are exposed to secondhand smoke are more likely to have asthma, bronchitis, ear infections and pneumonia.
  • Smokers who quit rapidly lower their risk of heart disease and stroke, and steadily reduce their risk of lung cancer.

Tips on Quitting

  • Set a quit date and mark it on your calendar. Get rid of ashtrays, lighters and cigarettes.
  • Visit your doctor for support and advice with your quit plan.
  • Make a list of reasons why you want to quit.
  • Make a list of family and friends who will support you.
  • Avoid triggers, including alcohol, caffeine and other smokers.
  • Exercise to relieve stress, and to improve your mood and health.
  • Consider using a safe nicotine alternative such as replacement patches, gum or lozenges.

For help quitting smoking call the New York State Smokers' Quitline at 1-866-NY-QUITS (1-866-697-8487) or visit <www.nysmokefree.com>.

Scott Doll Sentence: 15 years to life

By Howard B. Owens

UPDATED at 6:51 p.m. to expand a couple of quotes.

After a lengthy speech about the difficulty of finding a proper sentence for 48-year-old Scott F. Doll, convicted of killing Joseph Benaquist, Judge Robert C. Noonan imposed a 15 years to life sentence on the former corrections officer.

Noonan noted that Doll, who has no prior criminal record, is nearing 50 and that a 25-to-life sentence would probably mean Doll would die an old man in prison. He said he weighed that against the same sentence he might give to a much younger convicted murderer with a lengthy criminal record, and that man would be getting out of prison at age 50.

"I can't justify that in my mind," Noonan said. "Why would I permit a sentence on somebody who was a criminal before the act to look towards freedom in their later years and have somebody who was a 25-year corrections officer be denied parole because of the sentence I impose?"

Doll's attorney, Paul Cambria, said he thought the sentence was appropriate and praised Noonan's deliberative process throughout the trial.

"Judge Noonan displayed a tremendous amount of conscientious thought throughout the case and you can’t ask for more than that from a judge," Cambria said. "It was actually a pleasure trying a case here."

District Attorney Lawrence Friedman said he believes Doll should be spending the rest of his life in prison.

"We’re advocates," Friedman said. "We’ve always believe in our side of the case and the position we take, just as I’m sure the defense does, but the judge as he indicated has a very difficult decision in case like this. I respect that and understand it."

Joe Benaquist's girlfriend, Judy Scott, also made a brief statement after the court hearing: "I wish it was life without parole. That’s what Joe got. It wasn’t enough, but I trust the judge and how he made his decision and how he came to his conclusions -- we honor that, but I wish Joe got the same option."

Judy Scott, Joe's son Michael Benaquist and Joe's sister Joanna Benaquist all made statements prior to sentencing.

Joe's sister broke down crying while reading her statement and a friend finished for her.

"It was a senseless murder -- over a car," Joanna said. "Now I know what other people go through. I‘m not the same person any more. I have so much hate in my heart."

Each of the attorneys also had an opportunity to tell Noonan what they thought was an appropriate sentence.

Friedman asked for the maximum sentence available, 25 years to life.

"He has shown he is worse than those he guarded as a corrections officer, and for what? It was all for money," Friedman said. "He has shown no remorse, no acceptance of responsibility."

Paul Cambria said he still believes Scott Doll is innocent and didn't ask for a specific sentence, but acknowledged that Noonan was bound by the verdict to pronounce a sentence.

"I still have faith in system and faith in the appellate system and I believe the appellate division will right this wrong that has occurred here," Cambria said.

For his part, when it came his turn to speak, a bearded Scott Doll proclaimed his innocence, while lashing out at the newspaper for not printing, according to him, crucial evidence in the case, at the Sheriff's Office for allegedly changing reports, and at the District Attorney, turning to him at one point, and raising his voice, accusing him of manipulating the system to get a conviction.

“I’m sickened of the fact that one person could have control of the outcome of a case like this, who can control a newspaper, who can put out whatever he wants to, who can have the Sheriff’s all change their reports, that to me shouldn’t even be legal,” said Doll.

“I didn’t commit this murder," He added.

“I can’t believe it is all over somebody putting a feather in their cap, to make a name for yourself to beat Mr. Paul Cambria. Well, I hope the feather in your cap is worth my life because I didn’t do this. I hope the newspaper also reports the fact that you could have crucial evidence that I didn’t do this and that there was evidence of somebody else being there."

After court, Cambria reiterated his intention to appeal the conviction and seek a new trial.

"There was a ruling here basically breaking new ground when the judge found a so-called emergency exception to the right to counsel," Cambria said. "It has not ever been in the law previously. It seems to me this is the kind of case where the appellate division would give it a strong look and we're quite confident they're going to reverse it and we will (try the case) again."

For full audio coverage, visit WBTA's story.

Bike-riding fundraiser arrested on sexual abuse charges

By Howard B. Owens

Gary Draper, known throughout the community for his efforts to raise money for the American Diabetes Association while riding his three-wheel bike around Genesee County, will be arraigned this morning on felony sexual abuse charges.

Draper was arrested on a warrant yesterday following a Batavia Police Department investigation.

Det.Todd Crossett stressed this morning that none of Drapers alleged victims were children he met while fundraising. Two of children, between ages 9 and 12, were family members and a third was a family friend.

"We believe he victimizes those he has easy access to," Crossett said.

Draper is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

He is accused of abusing the children between August 2008 and May 2009.

Draper has no prior criminal record.

Since 1995, Draper has been riding a bike around Genesee County and into Wyoming, Orleans and Erie counties, to raise money for the American Diabetes Association. In April, he told The Batavian he had raised more than $110,000.

UPDATE: Draper was arraigned this morning. Since he was just arrested, he initially did not have an attorney. After he was handed a copy of the Grand Jury indictment, he told Judge Robert Noonan that he couldn't read. Noonan immediately assigned Jerry Ader,  from the public defender's office, to represent him. After a recess, Draper entered a not guilty please and bail was set at $25,000.

(initial report)

Today's Deals: Larry's, Alex's, Delavan's, Center Street and more

By Howard B. Owens

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

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Engine fire reported at Genesee County Airport

By Howard B. Owens

An airplane engine is reportedly on fire at the Genesee County Airport.

The plane is on the ground.

Town of Batavia Fire is responding.

It's on the east runway.

UPDATE 9:47 p.m.: Engine 24 to proceed emergency, all other Town of Batavia units, non-emergency. Mercy EMS requested to the scene for victim with burn to his hands.


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Multiple sexual abuse charges filed against Batavia man

By Howard B. Owens

A Town of Batavia resident is accused of sexually abusing children in the City of Batavia.

Gary E. Draper, 57, of 9175 Batavia-Stafford Townline Road, Batavia, is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

Draper was arrested on a warrant following an investigation by Batavia detectives.

He is accused of sexually abusing children from August 2008 and May 2009.

Draper was placed in Genesee County Jail without bail, awaiting arraignment in County Court on Friday.

Oliver's will fly flag that connects home and troops in Afghanistan on July 4

By Howard B. Owens

Bonnie Battaglia and John Quincey of Oliver's Candie's on West Main Street stand in the store with a certificate and flag that flew over Afghanistan.

The flag was presented to Oliver's by Bonnie's nephew, Matthew Graber, who was an Army Ranger in Afghanistan. It was a "thank you" for all the candy Oliver's sent to Graber and his comrades while serving in Afghanistan.

Graber is the son of Gary and Linda Graber of Darien and Shirley and Fred Ingles of Warsaw. He's currently stationed in South Africa.

The flag will fly over Oliver's on Fourth of July weekend.

"We're proud of the troops," Quincey said. "We're proud of what they do, so we're happy to support them."

Unknown odor reported at loading dock of Walmart

By Howard B. Owens

An unknown odor has been reported in the area of the loading dock of Walmart, 4133 Veterans Memorial Drive, Batavia.

The odor has apparently caused some nausea.

Town of Batavia Fire has been dispatched.

Personnel at Walmart declined an ambulance response, but a Town of Batavia chief requested Mercy EMS respond non-emergency.


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Top Items on Batavia's List

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