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Batavia man accused of intentionally running down pedestrian on Central Avenue

By Howard B. Owens

A 23-year-old East Main Street resident has been charged with assault in the first degree for allegedly running down a pedestrian June 6 while on Central Avenue.

The pedestrian suffered serious injuries and was taken to Strong Memorial Hospital.

Jailed on $10,000 bail following arraignment in Genesee County Court today was Brandon K. Macioszek, of 519 E. Main St., Batavia.

Macioszek was indicted by the Genesee County Grand Jury on the assault charge, which was sought following an investigation into the incident.

On June 7, Macioszek was issued traffic citations by Darryl Streeter for alleged aggravated unlicensed operation and leaving the scene of a personal injury accident.

Hochul cites Corfu business in speech on floor against Boehner's debt ceiling plan

By Howard B. Owens

Press release:

WASHINGTON, DC – Today, Congresswoman Kathy Hochul offered the Democrats’ final argument against Speaker John Boehner’s plan that only aims to postpone a U.S. default by six months, while drastically cutting discretionary spending.

“Never in our history has there been an intentional disaster, perpetrated by the very people who were elected to be the caretakers of this country,” said Congresswoman Hochul.  “That is exactly what will happen if we refuse to take action to prevent default and pay our nation’s bills now."

Congresswoman Hochul introduced her own amendment that would prioritize where spending cuts come from: cutting subsidies to Big Oil and corporate jets owners, before cutting education funding.

“Tell me why at a time when we all agree that the deficit must be reduced, we don’t ask Big Oil and companies with corporate jets to help out the country that helped them.

“Seaman’s Hardware Store in Genesee County pays more in federal taxes than many companies that are enjoying off the chart profits, while some of my constituents can barely afford to fill a gas tank so they can get to their minimum wage jobs at the dollar discount store.

[PART OF PREPARED REMARKS]

“There is one value we all share and that is fairness. Two things that are fundamentally unfair about this plan: It is unfair to put this country through this disgraceful, political gamesmanship again in another 6 months. 

“It is also unfair to cut money from education.  Education is the one chance for economic equality among our young people, and the one shot for them to reach their full potential.

“By making tax loopholes and tax breaks for Big Oil and corporate jets a priority over education, we are harming the economic engines across the country, and particularly in my district: our colleges and universities.  University at Buffalo, Geneseo, SUNY Brockport, Erie and Genesee Community Colleges – each is critical to our local economy and to the future of our students.”

Going bald for Bob Harper

By Gretel Kauffman

Twenty five years ago, Gene Baur and some friends began taking notice of the cruel and inhumane conditions inside industrialized animal farms and slaughterhouses and decided that something needed to be done -- and thus, with nothing but determination and the profits of a vegetarian hotdog stand, Farm Sanctuary was born.

Today, the peaceful organization attracts thousands of visitors a year to its two sprawling farm shelters for previously abused animals in Watkins Glen and California, and has inspired a bestselling book by Baur. 

At 4 p.m. on Aug. 8, Baur will visit Minty Wellness in Darien Center to discuss his book and Farm Sanctuary itself, which is currently the nation's leading farm animal rescue, education and advocacy organization. 

Local animal advocate Danielle Legg is hoping to raise $2,000 by that date, and has pledged to "Go Bald for Bob Harper" if her goal is met. (Despite his very human name, Bob Harper is a pig -- one of more than 400 animals living at the organizaton's Watkins Glen location.)

To help raise funds, Legg is holding a raffle for several vegan items, including: two gift baskets from Lush Cosmetics (valued at $140); a gift basket from Hugo Naturals, containing vegan bath and body products (valued at $95); a gift bag by Michelle Dermaceuticals, containing vegan beauty products; handmade gift tags and greeting cards; a necklace and earring set made by Julie Sheremeta; a massage donated by David Kimball LMT; and a Minty Wellness Getaway package, including an overnight stay and breakfast for two at the Minty Wellness hotel, restaurant and spa. 

For further information, contact Danielle Legg at veganleggs80@yahoo.com or the Minty Wellness hotel, restaurant and spa. It's located at 1961 Church Road in Darien Center. Phone is 591-3939. Email is www.mintywellness.com.

Special weather statement: Localized flooding possible

By Howard B. Owens

More than an inch of rain has already fallen on Genesee County this morning and more than an inch more is expected by 1 p.m., according to the National Weather Service.

There is an increased chance of flooding on roadways.

Creeks and streams may see water levels rise with some cresting at the top of their banks.

A front of heavy rain showers and thunderstorms are expected to move through the area from now until 1 p.m.

Areas with poor drainage are expected to flood.

The weather service warns that most flood-related deaths are come people driving across flooded roads.

"Flood waters are usually deeper than they appear," warns the weather service. "Just one foot of flowing water is powerful enough to sweep vehicles off the road."

Batavia man wanted on warrant, allegedly found in possession of cocaine

By Howard B. Owens

A Batavia resident wanted on a warrant out of city court was arrested Thursday and allegedly found in possession of a quantity of cocaine and drug paraphernalia.

Members of the Local Drug Enforcement Task force went to the home of Ryan M. Shrauger, 42, of Hull Park, Batavia, to arrest him on the warrant.

While inside Shrauger's home, investigators allegedly found drugs and drug-related items.

Shrauger was charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd.

Following court arraignment, he was jailed on $2,500 bail.

Ellicott Street resident accused of possessing cocaine

By Howard B. Owens

A 59-year-old Ellicott Street resident has been arrested by members of the Local Drug Enforcement Task Force as part of an ongoing investigation into suspected cocaine dealing in Batavia.

A search warrant was served on Julious "Fatboy" Murphy on Thursday afternoon for his home and car.

Officials say they found a quantity of cocaine, a quantity of U.S. currency and five weapons.

Murphy is being charged with criminal possession of a controlled substance, 7th, and criminal possession of a weapon, 4th.

Following arraignment in Batavia City Court, Murphy was jailed on $5,000 bail.

Hawley hails regional economic development effort

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C – Batavia) recently attended a press conference at Monroe Community College announcing the creation of the area’s first Regional Economic Development Council. Joining Governor Andrew Cuomo and Lieutenant Governor Robert Duffy, Hawley expressed his optimism to see such hands-on efforts to improve the economy here in Western New York.

“Today signals the beginning of a new day for the Western New York economy,” Hawley said. “I am especially pleased to see that Lieutenant Governor Robert Duffy will be the chair of all 10 regional councils. Hailing from our region, he has been a tremendous advocate on behalf of Western New York, and I have full confidence that he will be even more helpful in this new capacity.

"I have had a number of face-to-face and phone conversations with him to discuss the priorities facing the business owners and job creators in my district, and I know that the formation of this regional council will only continue to spur the growth and revitalization of Western New York’s economy.”

Ten regional economic development councils will be created across the state to compete for $1 billion in funding that will be geared toward jump-starting local economies. The panels are comprised of leaders from government, business and academia, and will partner with community leaders and state legislators to craft projects that will benefit their geographic and demographic needs.

Hochul appointed to House Armed Services Committee

By Howard B. Owens

Press release:

WASHINGTON, D.C. – Today, Congresswoman Kathy Hochul was appointed to the House Armed Services Committee (HASC) for the duration of the 112th Congress. 

“I am honored to join the House Armed Services Committee and work to help the brave men and women of our Armed Forces,” Congresswoman Hochul said. “The thousands of valiant Americans who serve our country every day deserve Representatives that will fight to give them the proper resources needed to do their jobs accurately, but more importantly, safely.  I also look forward to reaching out and helping all of our veterans, who have done so much to help our great nation.”

“As a Member of Congress from a region with thousands and thousands of Armed Service men and women, Congresswoman Hochul will bring a perspective that fits well with the House Armed Services Committee,” said Ranking Member Adam Smith. “I know Kathy will be a strong advocate for all of our men and women in uniform and will ensure that each of them have the tools and resources needed to ensure America’s safety and security. I look forward to working with her.”

Western New York and the Finger Lakes Region have seen over $1 billion of direct investments into our country from defense contracts; creating thousands of jobs and spurring the Upstate economy. 

Hochul added, “At just the Niagara Falls Airforce Reserve and National Guard, we have 2,800 men and women stationed, not only looking out for our security and well being, but investing in local businesses. Those jobs help spur our economy and help our businesses create even more spill-over jobs.”

Congresswoman Hochul already serves as a Member of the House Committee on Homeland Security, where in the last two months she has met with Homeland Security Secretary Janet Napolitano, offered an amendment in Committee, which passed with near unanimous consent, and sponsored legislation that would ensure the safety of Americans at our borders and airports.

Le Roy police make arrest in weekend burglary at central school

By Howard B. Owens

The case of a burglary at Le Roy Central School over the weekend has been solved, according to Le Roy Police.

A 24-year-old village resident and a juvenile have been charged with burglary, 3rd, and grand larceny, 4th.

The duo, along with an alleged accomplice, are accused of stealing a computer system, several cameras and camcorders. Some of the property has been recovered.

Charged were Kyle Nash, of 7 Myrtle St., Le Roy, and a 15-year-old suspect whose name was not released.

Bishop Williams, 18, of 106 Lake St., Le Roy, was charged with criminal trespass, 3rd. Williams is accused of being on school property, but he reportedly left before the alleged burglary took place.

Assisting in the investigation was the Le Roy School District and the Genesee County Sheriff's Office.

UPDATE 7:40 p.m.: Based on a scanner conversation: A mother learned of "the situation" shortly after this post went up and spoke with a son about it and he surrendered some cameras to her (the mother-son relationship is a bit of an assumption). A police officer said, "the cameras appear to have come from the burglary at the school the other night."

Family gathers in Stafford to mourn a mother's unexplained death

By Howard B. Owens

Deborah Maniace would have turned 48 today, but she wasn't give that chance.

Nearly a year ago, early in the morning on Aug. 8, Maniace somehow plummeted more than 30 feet to her death from a bridge on Clinton Street Road, Stafford, where it crosses the CSX railroad line.

Today, her family gathered on the bridge to grieve, remember and ask the community for help -- somebody saw something or knows something that could help close this case.

"I don't feel it was accidental, and I don't feel it was intentional," said Justina Maniace, Deborah's oldest daughter. "I feel that somebody did something. And we don't know who...or what."

Deborah's son, daughters, grandchild, sister and other family members gathered for about an hour on the bridge, placed flowers at the scene, and wrote messages to her on balloons before releasing them to float skyward.

Chief Deputy Jerome Brewster said officially, investigators don't know if Maniace jumped, fell or was pushed. They only know the cause of death was blunt force trauma from the fall.

Other than that, there isn't much evidence to explain what happened. 

Officials believe that Maniace had been to the Onion Festival in Elba earlier that day and then went to her boyfriend's house in Stafford. She left the house around 2 a.m. after some sort of dispute and began walking home.

She was carrying her shoes in her hand as she walked over the bridge, Brewster said.  It's a detail he hopes might jar a memory of somebody who drove by and maybe saw something, anything.

And investigators know there was vehicle traffic on Clinton Street Road in those early morning hours because surveillance cameras of nearby businesses recorded passing traffic.

Anybody who has any information that may assist the case, no matter how insignificant the information might seem, should call the Sheriff's Office at 343-5000. Tips can be made anonymously.

Little boy has fishing hook caught in his head

By Billie Owens

A 5-year-old boy has a fishing hook stuck in his head on the Tonawanda Creek bank behind the courthouse in Batavia. Mercy BLS is responding. The location is 1 W. Main St.

UPDATE 6:36 p.m.: Medics have requested a police officer to the scene. They need to transport the youngster to the hospital but have been unable to contact the parents, whom they believe are at home. So they want an officer to assist them.

UPDATE 6:46 p.m.: They are transporting the child to UMMC. The fishing hook is stuck in his forehead.

Grand Jury Report: Couple accused of growing pot without a license

By Billie Owens

The Genesee County Grand Jury today issued these indictments:

Robert E. Knoefler is indicted on one count of driving while intoxicated, a Class D felony, after he was stopped May 15 in Darien driving his 1995 Dodge pickup on Route 238. He is also charged with one count of aggrevated driving while intoxicated, a Class D felony, for having a BAC or .08 or greater. In addition, he is charged with aggrevated unlicensed operation in the first degree. (Knoefler's driving privileges had been revoked or suspended following his conviction in Attica Village Court for driving while intoxicated, a Class E felony, on May 9.)

Nicholas A. Pleace and Susan M. Fincher are indicted on a charge of criminal possession of marijuana in the second degree, a Class D felony. On Aug. 8, 2010, they are alleged to have knowingly and unlawfully possessed marijuana with an aggregate weight of more than 16 ozs. at 2622 Pratt Road in the Town of Batavia. They are also indicted on one count of growing cannabis by an unlicensed person, a Class A misdemeanor, and one count of criminal possession of a controlled substance in the 7th degree.

The Grand Jury issued a "No Bill" in the matter of Greg A. Thomas after considering the evidence about incidents in the City of Batavia on April 23. He was accused of unlawful imprisonment, 1st, menacing, 2nd, strangulation, 2nd, and coercion, 1st. The charges were dismissed.

Reader tips leads to the arrest of alleged vandal

By Howard B. Owens

It wasn't much of a video, but it was just enough to help identify a suspect in two incidents of vandalism in May at the BOCES facility on State Street Road.

The video, posted on The Batavian, led directly to the arrest of a suspect, Christopher Michael Smith, 17, of Porter Avenue.

Smith is accused of subsequently, while the case was under active investigation, returning to BOCES on July 10, and causing more damage.

Smith was also accused last week of causing damage to vehicles at Godwin Pumps on Route 98 and Ashley Furniture on West Saile Drive.

Investigator William Ferrando said if not for reader tips, all five of these cases might still be open.

In connection with the BOCES allegations, Smith is charged with three counts of criminal mischief in the third degree.

Smith is accused of doing damage estimated at $950 on May 21, more than $1,300 on May 29 and more than $800 on July 10.

Donation to Batavia Youth Football enables league to lower cost of registration

By Howard B. Owens

Press release:

Through the kindness of a local benefactor, Batavia Youth Football, celebrating its 45th season, is excited to offer Tri-County cheerleaders and players an anniversary discounted rate for this season. With the matching donation participants will pay just $45 for the upcoming season.

For 45 years Batavia Youth Football has provided 7 – 13 year olds of our community the opportunity to learn the basics of football within a league focused on player development, guaranteed playing time, annually updated equipment and the ability to play all games locally. The 12-team league consists of three divisions that call Lions Park their home with all games being played on Saturdays.  

The league that was started by area businessmen and funded by local companies and service organizations in 1967 has benefited each high school program in the area. Thousands of area players and many high school coaches came through the ranks of Batavia Youth Football and have starred on and coached State Championship teams, won countless Sectional Championships and earned League Champion accolades. 

Any players or cheerleaders who previously paid the standard registration fee will be refunded the difference by the league administration. Also, available through local generosity, prospective participants who find the cost prohibitive a sponsorship program is available.

The league will be holding its final weekend of registration sign-ups at the Genesee Country Mall (Batavia City Centre) July 29th and 30th. Anyone interested in signing up can do so between the times of 6 p.m. to 9 p.m. Friday and 10 a.m. to 2 p.m. Saturday. You can also contact Batavia Youth Football, Inc., at BYFinc@gmail.com or call Steve Grice at 585-344-4636 or Cal Klippel at 585-356-2728.

Police Beat: Holley resident accused of leaving scene of accident in Darien, DWI

By Howard B. Owens

Name redacted upon request, 21, of Lake Road, Holley, is charged with DWI, a felony count of DWI (child under 15 in the car), failure to keep right and following too closely. xxx was reportedly involved in a motor vehicle accident on Colby Road, Darien at 11:57 p.m., Sunday, and then fled the scene. A witness described xxx vehicle, which was later reportedly spotted on Pearl Street Road, Town of Batavia. xxx was also charged with leaving the scene of a personal-injury accident, speed not reasonable or prudent, reckless driving and unsafe passing.

Kimberley Anne Showler, 46, of North Spruce Street, Batavia, is charged with petit larceny. Showler is accused of shoplifting from Kmart.

Christopher Brian King, 19, of Pearl Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and improper left turn. King was allegedly involved in a motor vehicle accident at 5:17 p.m. Monday, at Route 33 and Hartshorn Road, Town of Batavia. King reportedly made a wide left turn while allegedly driving too fast. He reportedly lost control of his car and struck curbing at the intersection. Two other people were in his vehicle. Nobody was injured.

Benjamin Gove Evans, 22, of State Street, Batavia, is charged with petit larceny. Evans is accused of shoplifting from Bed Bath & Beyond in April.

Daniel Frank Martino, 22, of Red Maple Court, Amherst, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Martino was charged following a non-injury accident in the parking lot of Darien Lake. The accident was reported at 11:11 p.m. Tuesday.

Christine U. Rose, 23, of Cedar Place, East Rochester, is charged with DWI, aggravated DWI (driving with a BAC of .18 or greater) and unlawful possession of marijuana. Rose was charged after her 1998 Ford Taurus reportedly struck to parked cars at 12:39 a.m. Wednesday on northbound Route 77. There were no injuries reported in the accident. 

Jessica L. Ritch, 29, of North Avenue, North Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Ritch was charged following an investigation into an accident reported at 1:08 a.m. Wednesday in the area of 9993 Alleghany Road, Darien. Ritch's vehicle was reportedly found in a ditch along the road.

Frank Joseph Oddo, 29, of Alleghany Street, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and no/inadequate exhaust. Oddo was charged following a traffic stop at 11:29 p.m. Tuesday on Route 77, Pembroke, by Deputy Patrick Reeves.

Christine Lynn Aman, 45, of Big Tree Road, Hamburg, is charged with DWI, aggravated DWI, failure to obey a police officer and improper turn signal. Aman was stopped at 12:05 a.m. Wednesday after allegedly failing to stop for a deputy directing traffic at the intersection of Route 77 and Sumner Road, Darien.

Le Roy pool deal wasn't a done deal after all

By Howard B. Owens

Expectations where high that a plan to transfer ownership of the Le Roy municipal pool to a private volunteer group would save the pool, but the deal fell apart at the last minute.

A group of volunteers rejected the proposal because they didn't want to assume long-term ownership of the pool, and Mayor Ged Brady said state law prevents the village from using volunteer labor to make much needed repairs.

"I don't think any of us (volunteers) want to take over. That was not our purpose," said group leader and former county legislator Mike Welsh. His group's proposal for several weeks has been to raise several thousand dollars, and complete the state-required pool safety repairs on donated volunteer labor. 

Taking over operations of the pool was never part of the group's plans, Welsh said.

"We are certainly not going to accept (the village's deal), because this is not practical," Welsh firmly said. "It's not even reasonable!"

But village trustees said that if the village is going to be the lead agency on pool repairs, state law requires that the job be bid out to contractors and that prevailing wage must be paid to workers.

For more on this story, read the coverage from The Batavian's news partner, WBTA.

Yankees prospect smacks two HRs in first pro game close to home

By Howard B. Owens

A good number of the fans who packed into Dwyer Stadium on Wednesday got what they paid for, and some of them went home disappointed.

The Staten Island Yankees, behind the slugging of #1 draft pick Cito Culver, slammed the Batavia Muckdogs 10-1.

Culver, a Rochester-area native, playing his first game before a sort-of-hometown crowd, didn't take long to give friends, fans and family in the stands something to cheer about, driving a first-inning home run over the right field wall on the third pitch he saw (picture below).

In his third at bat, Culver hit another shot over the right field wall (pictured above) with two runners on base.

The home runs were Culver's HRs of 2011. He's now hitting .295 on the season.

The Muckdogs' (20-19, two games out of first) lone run came on a solo home run from German Medina in the sixth inning.

For the Muckdogs, Joey Bergman had two hits, raising his average to .327. Roberto Reyes also had two hits.

Starter Jose Almarante (2-2) lasted only 3.2 innings getting tagged for seven earned runs and raising his ERA to 4.26.

Culver and the Staten Island Yankees (29-9) return to Dwyer on Thursday. Game time is 11 a.m. The teams meet again on Friday at 7 p.m. (fireworks after the game).

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