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Milwaukee's accused "Catch Me If You Can" fake attorney has Batavia roots

By Howard B. Owens

UPDATED 2:34 p.m.

A former Batavia resident is expected to soon plead guilty in a Milwaukee county court to charges that he impersonated a lawyer and committed forgery.

According to investigators in Wisconsin, Thomas J. Lyon, 28, not only represented several "clients" in legal proceedings, but also forged checks, stole money, assumed the identity of a deceased notary public and operated a prostitution ring.

According to court documents, Lyon reportedly bragged to an associate at one time that he was like Frank Abagnale Jr., the former con artist depicted by Leonardo DiCaprio in the hit movie, "Catch Me If You Can."

Besides Batavia, a public records search shows that Lyon has also apparently lived in Warsaw, where he was born, Buffalo and Hamburg.

Wisconsin court documents state that Lyon was on probation in New York and had his probation transferred to Wisconsin. According to the documents, he was previously convicted in New York of grand larceny, stalking and false imprisonment.

Lyon was arrested for allegedly issuing a bad check in Genesee County in July 2008, according to the Sheriff's Office. According to the arrest report, Lyon lived on Saltvale Road in Middlebury at the time.

In Milwaukee, Lyon is accused of assuming the legal identity of Thomas J. Lyons, a Minnesota-based attorney -- also licensed to practice law in Wisconsin -- who told investigators he hadn't appeared in a Milwaukee court in years. 

Lyon allegedly used the bar identity number of attorney Lyons to pass himself off as the attorney.

Police searched the office space reportedly rented by Lyon at 5301 W. Hampton Ave., Milwaukee, which reportedly had a sign on it saying it was the offices of "Thomas J. Lyons & Associates, Inc.," and found documents indicating Lyon had at least nine legal clients.

On at least one occasion, Lyon allegedly kept a settlement check for $3,000 that was intended for one of his clients.

Lyon also apparently set up a Web site to advertise his alleged legal services.

The documents also include quotes from court transcripts where Lyon allegedly referred to himself as an attorney and questioned witnesses as if he were an attorney.

One of Lyon's employees is also quoted in the documents saying that besides being a secretary in his office, she worked as a prostitute for him.

Though not charged with any prostitution-related crimes, the court documents say that Lyon allegedly operated an escort service called "Lacuna Limited," and that it was really a front for prostitution.

According to the documents, Lyon booked rooms at a Comfort Suites Inn in Milwaukee and set rates at $200 to $250 per hour. Lyon also allegedly hired a guard for the prostitutes. 

He allegedly recruited prostitutes by advertising for lingerie models.

Lyon allegedly collected prostitution proceeds in cash and kept computer records of the proceeds.

In all, 11 charges were originally filed against Lyon.

He is charged with two misdemeanor counts of practicing law without a license, a felony count of theft, three felony counts of unauthorized use of personal identifying information or documents, and five felony counts of forgery.

Lyon was jailed on $20,000 bail and apparently remains in custody. His attorney last appeared in court for him Jan. 28 and a court appearance date of March 3 was set for Lyon, when he is expected to plead guilty to at least some of the charges.

The terms of the plea bargain have not been released.

The forgery charges carry a maximum sentence of a $10,000 fine for each charge and six years in jail.

Terreri: Corwin gets GOP nod in NY-26

By Howard B. Owens

Democrat & Chronicle reporter Jill Terreri, who is covering the NY-26 election, just tweeted that Assemblywoman Jane Corwin has won the GOP endorsement for the anticipated special election to replace Chris Lee.

Terreri's tweet says it's based on information she obtained from Bill Reilich, Monroe County Republican chairman.

For our previous report on the GOP bids for the nomination, click here.

Alleged 'Ace' crack dealer reportedly caught in the act

By Howard B. Owens

UPDATED 5:52 p.m.

Members of the Local Drug Enforcement Task Force reportedly observed a Batavia man selling drugs on Wednesday, and when they moved in on the suspect, he reportedly threw some crack cocaine on the sidewalk.

Task force members then obtained a search warrant for a residence in Batavia where they allegedly found five more bags of crack cocaine.

Taken into custody was Ronnie "Ace" Allen, 23.

The search warrant was executed at 6 Vine St., upper, Batavia. Allen listed his address as 42 Mountbatten St., Henrietta.

He is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Allen was jailed on $25,000 bail.

Assisting in the investigation were the Sheriff's deputies and the District Attorney's Office.

Eight vie for GOP nod in potential congressional race

By Howard B. Owens

Eight congressional hopefuls filed into South Beach restaurant on Sunday to explain to 21 GOP leaders from the 26th Congressional District why he or she should get the endorsement of the Republican Party in any upcoming special election.

Though no election has been called yet by Gov. Andrew Cuomo, it's widely anticipated that Cuomo will set a date for a special election to fill the seat vacated by Chris Lee after a shirtless picture of him showed up on Gawker.com.

Don Read, representing Genesee County, said GOP officials will meet tonight in Geneseo to go over the list and decide whom the party should back.

"A lot depends on our discussion," Read said. "We have a good cross section (of candidates). There's certainly a good group of candidates."

Besides Assemblywoman Jane Corwin, who is the odds-on favorite of pundits, three-time loser Jack Davis showed up for an interview, as did Genesee County residents David Bellavia and Peter O'Brien.

O'Brien is a frequent commenter on The Batavian.

Also showing an interest in the seat for the GOP are: Dr. Barry Weinstein, a former Town of Amherst councilman; Brian Napoli, from Orleans County; Gary Wehate, of Avon; and Kathy Wepner, a radio talk-show host in Buffalo.

In the weighted vote system the GOP uses to pick candidates for the congressional seat, Erie County candidates have an edge in the selection process. It only takes one Erie County vote and one Niagara County vote to outweigh the votes of Orleans, Wyoming, Genesee and Monroe counties.

Story based on reporting by WBTA's Dan Fischer.

Police Beat: Trio accused of stealing from Sport of Kings

By Howard B. Owens

Scott C. Brown, 22, of 11 Wood St., Batavia, John C. Schurr Jr., 26, of 382 Garden Drive, Batavia, and Ashley M. Younke, 31, of 212 Trumbull Parkway, Batavia, are all charged with petit larceny and theft of services. The trio allegedly left Sport of Kings restaurant at 3:30 a.m., Sunday, without paying for food they ordered. They also allegedly left with several pieces of flatware. Officer Frank Klimjack reportedly observed the suspects' vehicle shortly after they left the restaurant. The flatware was recovered.

Ronald J. Scroger, 30, 52 Columbia Ave., Batavia, is charged with petit larceny. He is accused of stealing clothing from Olympia Sports on Wednesday.

Eugene C. Rose, 36, of 230 Keystone St., Buffalo, is charged with criminal contempt, 2nd. Rose was taken into custody by Buffalo PD on a warrant issued by Batavia City Court for allegedly violating an order of protection. Buffalo PD turned Rose over to Batavia PD and Rose was jailed without bail. Rose reportedly has prior felony convictions.

Loralyn L. Bateman, 34, 5 Edwards St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation, 3rd. Bateman was stopped on Union Street at 1:50 a.m., Friday, by Officer Kevin DeFelice.

Marsha Jones, 56, of Wade Avenue, Buffalo, is charged with disorderly conduct. Jones was allegedly involved in an altercation at 7 p.m., Thursday, in the Genesee Community College cafeteria with the assistant manager an employee there. Jones is accused of swearing at the assistant manager employee and then pushing a cart, causing items to fall off the cart and break.

Anthony C. Timberlake, 22, of North Street, Batavia, is charged with disorderly conduct. Timberlake is accused of being involved in an argument with a customer at the college cafe at 7 p.m., Thursday. Timberlake allegedly was swearing at the customer in front of witnesses.

Car crashes into trees off West Bergen Road

By Howard B. Owens

A car reportedly crashed into some trees on West Bergen Road just south of the Thruway.

There are unconfirmed injuries.

Le Roy Fire and Ambulance dispatched.

UPDATE 11:01 a.m.: No injuries. A fire hydrant was struck. Monroe County water being notified.

UPDATE 11:05 a.m.: Le Roy units back in service.

Photo: Changing a tire on a vandalized truck

By Howard B. Owens

Calvin Pangrazio, an employee of Sloat Tires, changes a tire on a Rent-A-Center truck in the Valu Plaza.

At least two vehicles had their tires slashed in the parking lot overnight, and there are also reports of tires slashed in the parking lots of City Centre, Walmart and  Batavia Downs as well as one report on a residential street. In all, as many as 10 cars appear to have been vandalized overnight.

Officer Jay Andrews said the two Rent-a-Center trucks each had two tires slashed, making the value of the damage more than $250 on each truck. That makes the alleged crimes Class E felonies, criminal mischief, 3rd.

Anybody with information about these incidents should call either Deputy Kevin McCarthy at 345-3000, ext. 3237 or the Batavia PD at 345-6359.

UPDATE 12:38 p.m.: A Sheriff's deputy dispatched to the Target parking lot for the report of another tire slashing.

UPDATE 3:38 p.m.: An officer is sent to Bank Street Road to interview another person whose tires were slashed.

Tires slashed on cars off Park Road

By Howard B. Owens

City police were dispatched about five minutes ago to the rear parking area of Blockbuster on Lewiston Road for a report of an employee's tire slashed.

Now a Sheriff's deputy is being sent to the same area (city limit is at Park Road) for more reports of slashed tires. It isn't clear from what we picked up off the scanner which parking lot this additional vandalism took place in.

UPDATE 1:49 a.m.: Apparently, the Sheriff's Office has jurisdiction on the customer parking lot on Lewiston. That is where all of the tires were slashed, including the one initially reported behind the building in employee parking.

UPDATE 1:59 a.m.: If I heard this right, now there's a report of a Jeep outside Sunny's (in the City Centre) with its tires slashed.

UPDATE 7:52 a.m.: The Sheriff's Office put out a news release confirming that the tires were slashed on three cars in the Batavia Downs parking lot on Park Road some time between 9 p.m. and 1:30 a.m. Anybody with information is asked to contact Deputy Kevin McCarthy at 345-3000, ext. 3237.

UPDATE 8:04 a.m.: An officer handling another similar incident inquired with dispatch about other reports overnight. There was another car vandalized in the city that was reported early this morning and a car break-in on Park Road.

UPDATE 9:25 a.m.: Batavia PD dispatched to Batavia Commons and Valu Plaza for more tires slashed.

Margarita's closes

By Howard B. Owens

Margarita's Mexican Restaurant on Jackson Street has closed.

Owner Carlos Hernandez was not available for comment today.

NOTE: If you bought a Margarita's gift certificate from The Batavian within the past 30 days, return it to us for a refund. No refunds will be issued without return of the physical gift certificate and the purchase must have been made in the past 30 days.

Car into tree, injuries reported on Byron-Holley Road

By Howard B. Owens

A car has hit a tree and injuries are reported in the area of 6481 Byron-Holley Road, Byron.

Byron and South Byron Fire and ambulance dispatched.

UPDATE 9:30 p.m.: Byron chief reports minor injuries.

UPDATE 9:44 p.m.: All units back in service.


View Larger Map

Weather: Snow coming, advisory issued

By Howard B. Owens

From 3 to 6 inches of snow is expected to hit Genesee County overnight.

A winter weather advisory has been issue for 7 p.m. through 11 a.m. The heaviest snow fall is expected from between 10 p.m. and 6 a.m.

Winds are expected to come from the northeast at 10 to 20 mph.

Photo: A dormant cornfield off South Main Street Road, Batavia, just before noon today.

Photos: Swamp Road barn fire

By Howard B. Owens

An old barn -- the owner believes it was the oldest on Swamp Road -- was destroyed in a fire of undetermined origin this afternoon.

The barn was owned by Howard and Sandra Lee Brew, of 7557 Swamp Road, Bergen. Brew said he has lived on the farm, once owned by his father, his entire life. He's 67.

Bergen Fire Department along with mutual aid from several other departments (we don't have the complete list yet, but we believe it included Byron, South Byron, City of Batavia (Fast Team), Town of Batavia, Le Roy, Brockport, Churchville, Holley, Pavilion and York, which had a crew on standby in its hall.  The Sheriff's Office and Emergency Services were also on scene.

The initial call came in at about 12:50 p.m.

(Initial Report)

More pictures after the jump:

Going in circles in the Oak Street roundabout

By Howard B. Owens

A police officer has been dispatched to the Oak Street roundabout to check on a report of a tan sedan going in circles through the roundabout, repeatedly, at a high rate of speed.

Barn fire on Swamp Road, Bergen

By Billie Owens

A barn fire is reported at 7557 Swamp Road in Bergen. The smoke is visible for miles around.

Bergen Fire Department is responding. A Le Roy ladder truck is called and an engine is to stand by at Bergen's headquarters. An engine from Churchville is called to assist. The city Fast Team is also requested and a pumper from the Town of Batavia.

The location is between Jericho and Pocock roads.

UPDATE 1:10 p.m.: A tanker is requested from both Byron and South Byron. They are to approach from the west. Pavilion is called to stand by in Le Roy's hall. Mercy medics are responding to the fire.

UPDATE 1:33 p.m.: The fire is under control and the firefighters are working to overhaul the structure. Pavilion's crew that was on standby in Le Roy's hall was moved to Sheard's Antiques & Guns on South Lake Road to standby for two districts -- Le Roy and Byron.

UPDATE 1:42 p.m.: The overhaul operations are expected to take quite some time. The ladies' auxiliary is called to provide refreshments.

UPDATE 1:47 p.m.: The owner told us that he believes the barn was built in 1919 and that it was the oldest barn on Swamp Road. It was completely destroyed by the fire.

UPDATE 1:50 p.m.: The owners are Howard and Sandra Lee Brew.

UPDATE 1:58 p.m.: Howard Brew said he grew up on this property, which was his father's. One section of the barn was older than the rest of it, but he's not sure how much older. The Brews grow wheat, corn and oats and they raise geese and goats.

UPDATE 3:34 p.m. (by Howard): Departments are starting to go back in service. Firefighters are down to one charged line while other volunteers have started rolling up hoses.

UPDATE 4:30 p.m.: All units back in service.

Picture taken at 12:54 p.m. by Taylor Cecere.

Oak Street resident can keep his ducks, but must comply with new conditions

By Howard B. Owens

An Oak Street man with a fondness for waterfowl will get to keep his ducks and continue some of his hobbies in his yard, but with new restrictions.

As part of a plea bargain, Ron Graziaplena, of 172 Oak St., admitted to keeping debris in his back yard, a violation of city code, and agreed to a number of conditions on his continued ability to keep 10 mallard ducks as pets and grow tomatoes and build waterfowl-related projects.

The deal was worked out Friday afternoon over three and a half hours, at a time when his trial on numerous alleged code violations was scheduled. Almost all the negotiations were held in open court with Batavia City Court Judge Robert Balbick presiding.

Balbick told Graziaplena that he would be fair with him if Graziaplena made substantial progress toward complying with the plea agreement between now and his sentencing on April 15.

The main agreement regarding the ducks is that Graziaplena can keep only 10, except when there are hatchlings, which must be released in an Elba swamp owned by Graziaplena's family before Oct. 1 of each year.

A neutral, non-governmental, qualified inspector will visit the property twice a year -- on or about July 1 and on or about Oct. -- to ensure Graziaplena is maintaining only a 10-duck population and they are kept in sanitary, humane conditions.

Graziaplena will be required to build a six-foot-high stockade-type fence along his south property line from the garage to the back corner of the lot and for some distance along the back property line. 

He must also install a stockade-style gate across his driveway from the southeast corner of his house to his property line on the south.

The gate is intended to create a visual barrier for anything on his driveway, from construction materials for his projects and his tomato boxes.

Graziaplena prefers to work on his projects in the front yard. He can continue to do so during the day, but come nightfall, he will be required to put all construction materials behind the gate.

He must also keep his BBQ grill behind the gate rather than in the yard.

In recent months, Graziaplena has mounted a number of duck decoys atop 10-foot-high poles along his south property line, and more recently added waterfowl-themed wind vanes that he said he made.

He acknowledged that some of his neighbors are aggravated by the poles, but said the decoys are left over from his hunting days and just a symbol of his hobby. He said he plans to start selling the wind vanes.

"I've gotten many compliments on them, your honor," Graziaplena said. "Several of my friends want them for themselves. Perhaps you would like one?"

Balbick said he couldn't accept the offer.

The judge ordered that all of the pole structures be taken down before sentencing and that they remain down for at least the duration of Graziaplena's conditional discharge (a six-month period after his sentence in which Graziaplena must remain violation free to avoid having the original charges reinstated).

Graziaplena also keeps a boat on the north side of his house. He must either put a driveway on the north side to set the boat on or start keeping the boat on his south side driveway.

About a half dozen of Graziaplena's supporters were at the courthouse Friday, many of them planning to testify in the trial. One neighbor who is unhappy with the situation on Graziaplena's property attended the hearing.

"I want to see that property code compliant," Balbick told Graziaplena after accepting his guilty plea. "I'm not going to punish you just for the purpose of punishing you, but I do have an obligation to the people of this city to see that the yard is safe and there isn't debris strewn about throughout the yard and that the yard is sanitary."

Photos: Take at Graziaplena's residence on Friday.

Two rollover accidents in Alabama

By Billie Owens

Two rollover accidents, one with minor injuries, are reported in Alabama.

One of them is at 1564 Lewiston Road, near Church Street. Alabama Fire Department and Mercy medics are responding.

The other is a 1790 Judge Road and the vehicle is on its side. Oakfield Fire Department is responding, although it's in Alabama's district. No injuries. Mercy medics are responding nonemergency-mode to evaluate those involved.

Body of missing Darien man found during morning search

By Howard B. Owens

UPDATED 11:15 a.m.

The body of 73-year-old Kimberly Drew was found in Murder Creek this morning, about 400 yards from where his ATV overturned Friday afternoon.

Drew was reportedly out on his property gathering maple sap for his syrup business when he apparently tried to cross the swollen creek, according to Chief Deputy Gordon Dibble.

Dibble said it was a portion of the creek he frequently crosses, but this time the waters were much higher than usual. It's unclear what happened at that point.

Drew, who lived on Broadway Road, is a former town supervisor, serving from 2000 through 2003.

"He was a very nice man, a good guy," said current Supervisor David Hagelberger. "The town would like to express our condolences to his family and friends."

According to Dibble, Drew left his house about 1 p.m.  He was scene by somebody about 2 p.m.  Concerned family members reported him missing at 5:20 p.m.  His ATV was found on a portion of Murder Creek near on the south side of Route 20 in the Harper Road area of Darien. The creek passes under Route 20 just west of Harper Road.

More than 50 volunteer firefighters participated in the search, which began about 6:30 on Friday, was suspended overnight and resumed at 7:30 this morning.

Drew's body was found at 8:40 a.m. on the side of the creek. Dibble said the water receded overnight making the search easier.

In all, seven fire companies participated, including Darien, Corfu, East Pembroke, Alexander, Alden, Crittenden, Attica and Bennington. Genesee County Emergency Services and Sheriff's Office also participated in the search. During Friday's search, Mercy Flight was in the air for about 30 minutes before winds forced the helicopter back to base. Water rescue teams from East Pembroke and Alden helped in the search.

"It was a team effort," said Darien Chief Dale Breitwieser.

The cause of death has not yet been determined. Dibble said it's not known at this time if Drew sustained injuries in the accident or if there was another medical issue that precipitated the accident.

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