One of Batavia's most persistent criminals never had a chance to be a productive citizen, his attorney argued this morning, just before Judge Robert C. Noonan sentenced Michael J. Piasta to three-and-a-half to seven years in state prison on a burglary, 3rd, conviction.

Piasta's mother was an alcoholic and his father a heroin addict who died only recently of an overdose, said attorney William Teford. As a toddler, Tedford said, Piasta found some LSD in his house and swallowed it, nearly killing him.

"There's no denying his lengthy criminal record, no denying this sentence comes from many other criminal charges," Tedford said. "But as I read his family and social history, from a personal standpoint, I found it disturbing and difficult to believe."

Tedford asked that Noonan consider the circumstances of Piasta's life and give him the minimum term, two to four years in prison.

Noonan said he read the pre-sentence report prepared by the probation department, and given Piasta's lengthy criminal history, it was important, Noonan said, that Piasta be kept from society for "as long as possible."

On Nov. 5, Piasta entered a guilty plea to burglary, 3rd, and two counts of criminal possession of a forged instrument. Piasta admitted that in October he broke into a business at 56 Harvester Ave., Batavia, and stole a credit card -- running up more than $500 in charges -- and checks. He attempted to forge the checks at two local banks.

Over the summer, Piasta was also accused of stealing DVDs from Pandora's Boxx and shoplifting from Wilson Farms.

In court today, Piasta told Noonan that for a period of time when he was released from jail, he did work toward turning his life around, even getting a job.

"At this point I just want to say I don’t feel that I’m hopeless," Piasta said. "Regardless of what happens today, I think I can make things better."

After the sentencing, Noonan told Piasta that he didn't believe the 30-year-old Batavia native is hopeless either, but that he needs to take advantage of whatever substance abuse programs he can while in prison.

A motor-vehicle accident is reported at 403 Ellicott St. in the City of Batavia. There are minor injuries and it is blocking the roadway.

Mercy EMS and city fire are responding.

Dorsie M. McGill Jr., 26, of 21 Buell St., Batavia, is charged with theft of services and resisting arrest. McGill allegedly got into an argument with a taxi driver over the amount of fare due, then struggled with police officers Frank Klimjack and James DeFreze when they attempted to take him into custody. McGill was jailed on $2,500 bail.

Vincent D. Henning, 33, of 610 Ellicott St., Batavia, is charged with two counts of petit larceny. Henning is accused of renting two laptop computers at two different rent-to-own stores and then selling the laptops to a pawn shop.

Veronica Garcia, 30, of 2414 Walker Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle and speeding. Garcia was stopped at 10:59 p.m., Friday, on Pearl Street Road by Officer Dan Coffey.

Melissa Courtney Kent, 19, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and consumption of alcohol inside a motor vehicle. Kent was charged following a call at 1:56 a.m., Saturday, of a car off the road on Route 5 in Pembroke.

Ricky Dean Newbould, 52, of Oak Orchard Road, Elba, is charged with felony DWI, driving with a BAC of .18 or greater, failure to keep right and improper right turn. Newbould was arrested following the investigation of a motor-vehicle accident at 5:01 a.m., Sunday, on Hundredmark Road, Elba.

Troy Damien Schimley, 17, of Clifton Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and operating a vehicle in violation of a restricted license. Schimley was stopped at 2:39 a.m., Sunday, by Deputy Kevin McCarthy on Wortendyke Road, Batavia.

Vidis E. Malejs, 73, of Buffalo, is charged with DWI, driving with a BAC of .08 or greater and failure to yield right-of-way. Malejs was charged following a report of a property damage accident at 6:20 p.m., Saturday, on Park Road.

Tammy J. Green, 40, of Attica, is charged with DWI, aggravated driving with a BAC of .18 or greater, unsafe start. Green was reportedly involved in a property damage accident at 9 p.m., Saturday, in the parking lot of Alabama Tee Off, on Route 77 in Alabama.

Adam Lee Leaton, 20, of Caswell Road, Byron, is charged with unlawful dealing with a child. Leaton is accused of hosting an underage drinking party.

Jamie L. Broadbent, 27, of 60 Swan St., Batavia, is charged with petit larceny. Broadbent is accused of shoplifting a six-pack of soft drinks and over-the-counter medication from Tops Market.

Tyler P. Schroeder, 18, of Oak Street, Oakfield, is charged with two counts of endangering the welfare of a child. Schroeder is accused of allowing a 14-year-old to drive the car of another person. A 17-year-old was also in the vehicle. The car was stopped by Deputy James Diehl at 6:36 p.m., Saturday, at the intersection of Pratt and Kelsey roads, Batavia. The 14-year-old was referred to Genesee County Family Court.

A car accident with injuries has been reported at the intersection of West Main Street and Gilbert Street in the Village of Le Roy.

Le Roy Fire and ambulance are being dispatched.

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The Daily Grind, 85 E. Main St., Batavia, NY: For Batavia's finest coffee, smoothies, as well as fast and convenient breakfasts and lunches, stop into The Daily Grind. We have a $10 gift card for $5.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. Decorate your home or office for Fall or start your Christmas shopping. We have a $20 gift certificate for $10.

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for three weeks of yoga or Tai Chi, 3 classes, a $36 value, for $18.

The Enchanted Florist, 202 E. Main St., Batavia, NY: What better way to brighten your home or office for the holidays than with flowers? We have a $20 gift certificate for $9.50.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY.: Full breakfast, lunch and dinner menu; new all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: What better way to brighten your home or office for the holidays than with flowers? We have a $20 gift certificate for $9.50.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate 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.

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.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

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

SOLD OUT

A car has gone off the road and down an embankment in the area of Lockport and Lewiston roads in Alabama.

A minor injury is reported.

Alabama Fire and Mercy EMS dispatched.

UPDATE 7:31 a.m.: Thus far, first responders have been unable to locate the accident.  The 9-1-1 call did not provide automatic GPS data. A chief notes that there is also a Lockport Road and Lewiston Road intersection in Niagara County. It sounds like first responders have searched the area a good deal on Lockport and Lewiston on both sides of the road. The caller did state her car was "well down" the embankment.

UPDATE 7:35 a.m.: Another call has come in for an accident off of North Byron Road, and dispatchers think it may be the same accident with a more accurate location.

UPDATE 7:40 a.m.: The accident appears to be in the area of 7335 N. Byron Road. Note: Lockport Road becomes North Byron somewhere west of Route 98. Elba ambulance requested to the scene to check minor cuts on the driver's face.

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A car has struck and deer and is now smoking at the intersection of Peachey and North Lake roads, Bergen.

The driver was not injured.

Bergen Fire is being dispatched.

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A rollover motor-vehicle accident, unknown injuries, is reported on the Thruway in the westbound lanes near mile maker 400.6.

Pembroke and Indian Falls fire departments are called to the scene along with Mercy EMS.

UPDATE 3:53 a.m.: The driver is uninjured and is out of the vehicle. Mercy EMS is back in service. Pembroke fire is at the scene. Indian Falls is continuing in nonemergency mode. Responders are told to use caution on approach, presumably because of icy road conditions.

Batavia Police are investigating three burglaries that occurred over the weekend.

Two of the burglaries may be related.

The first break-in was reported at the Batavia Industrial Center, 56 Harvester Ave. A suspect or suspects entered a business and stole musical instruments and other equipment.

There was also a break-in at the Sherwin-Williams paint store, 16 Liberty St. Some merchandise along with a small mount of cash was stolen. Store employees are conducting an inventory to determine exactly what was stolen.

The third burglary occurred at the UPS Store, 8351 Lewiston Road, where some cash and a small safe was stolen.

The burglaries occurred between Friday night and Saturday morning.

A resident on Broadway in Darien says that a person walked into his basement, and when confronted the intruder fled on foot.

He's described as a white male with facial hair and wire-rimmed glasses.

He was last seen walking south on Route 238.

Law enforcement in route.

UPDATE 9:44 p.m.: A subject has been detained. He's being taken back to the complainant's house.

When a friend of Brandi Bruggman's looked down at his Converse one day, he thought they looked like a dirty mess.

He didn't want to throw out an otherwise fine pair of shoes though, so he asked Bruggman if she could paint some art work on the shoes -- they were made out of canvass, after all.

An intriguing challenge, and Brandi gave it a try.

He loved the "new" shoes, and so did his friends.

"Somebody saw the shoes and wanted them, and then somebody saw those shoes and wanted them, and now I have a business," Bruggman said.

The 20-year-old Alexander native sells "Bruggies," as well as hats and other wearable items at Glass Roots, 12 Center St., Batavia, as well as through her Facebook account.

Each item is hand painted, coated to make it waterproof, and inspired by the individual buying it. She said she often talks with the customer, finds out that they like, asks them to provide some adjectives, and then "goes with that vibe."

Ironically, Bruggman said, before she started selling wearable art, she was having a hard time finding a market for the kind of art that hangs on walls. Now, she's selling a lot more wall art.

Often, the people who buy her shoes, or other items, realize how good she is and they commission a painting for a room in their homes.

In all, Bruggman said that since she started creating "Bruggies" in June 2009, she's sold about 200 hand-painted items.

A theater design technician major at Niagara University, with a minor in fine arts, Bruggman would love it if her fledgling business became her full income.

"If I could paint every day, that would be awesome," said Brandi.

Though, the business can't get too big, she cautioned, because she won't let anybody else paint shoes for her. She does it all herself.

Painting clothing has expanded her as an artist, she said, both from working with different materials and techniques. She's learned to use an airbrush to paint T-shirts -- but since each item is custom created, she's often painting subjects she might not otherwise.

"It's cool that I get to draw into new things," Bruggman said. "I draw things I never would have drawn before. The other day I drew a boat. I never drew a boat before.

"It's been opening new avenues of art for me," she added.

Examples of Bruggman's shoes and hats -- as well as a mural she painted -- are on display at Glass Roots, and an order for shoes, or other items, can be placed at the store. Prices for hand-painted Converse start at $85 (other shoes can go for as little as $65). A tote ranges from $20 to $50, hats from $35 to $45.

Kiera Gross, above, got just what she wanted for her 11th birthday. She was surrounded by friends and dogs and cats.

Gross wanted her birthday party to be something that would help support the animal shelter and pet adoption. Volunteers for Animals helped out by bringing some dogs and kittens to the Bethany Fire Hall today.

Guests were asked to bring a donation to the party. More than a dozen of Kiera's friends joined in the party, which included games with the pets, a chance to make a pet bed and lots and lots of petting and cuddling the animals.

Clockwise -- Kim Davis, Sarah Stefan, Loy Gross (Kiera's mom) and Taylor Heineman, work on making pet beds.

Alannah Gross.

Meet "Buddy." If I were more impulsive, I would have taken Buddy home immediately.  He's a super-good natured dog, very friendly -- a real "people person" -- and eager for a new master. The shelter is looking for a home for him very, very soon, so go adopt him.

A neighbor has reported a possible chimney fire at 1764 Main Road, Corfu.

The caller stated there was heavy black smoke coming from the chimney.

A chief on scene says the smoke has "calmed down" and nobody appears to be home.

East Pembroke fire and one tanker from Corfu are called in along with Mercy EMS.

UPDATE 12:48 p.m.: Corfu engine told to stand by at its hall.

UPDATE 12:54 p.m.: Firefighters need to make entry into the house. The house is clear, but the wood stove is in the basement and they can't see into the basement.

UPDATE 12:59 p.m.: Homeowner reached by mobile phone. He said the smoke is normal for the stove. He had just stoked it up before he left. East Pembroke Fire back in service.

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Barn complex on Bethany Center Road, Bethany.

The spirit of Christmas is alive and well on Bonnie Brae Road in Darien Center, at least as far as the decorations go.

But apparently those very same decorations have caused a commotion outside, under the bright, new pretty winter moon, among some neighbors there. They are "separated at this time," says the dispatcher.

Sheriff's deputies are en route to handle the dispute.

Friday the ribbon was cut on a new $19.5 million surgical wing at United Memorial Medical Center.

More than 125 people attended the ceremony and toured the new facility, with more people taking advantage of the open house to see the state-of-art surgical wing.

The new facility includes five high-tech surgical suites and 19 recovery beds.

"Batavia in its history has had many pivotal moments, and this is certainly one of them," UMMC Board Chairman Tom Houseknecht said. "The entire community can be proud of this new surgery center."

UMMC Chief of Surgery, Dr. Matthew Landfried, said the entire staff is eager to begin working in the new 44,000-square-foot addition.

The first surgery is scheduled for Jan. 4.

Above, Mark Schoell, UMMC CEO, Tom Houseknecht, Dr. Matt Landfried and Bill Fritz, chair of the 2010 capital campaign, cut the red ribbon.

More pictures after the jump (to purchase pictures, click here):

Regular readers of The Batavian may recognize this picture -- first published on April 22. It's one of 15 photos of Genesee County by Howard Owens selected for display in the new wing. The other 14 photos will be hung some time in the coming week.

Seven residents of the Batavia Motel, 3768 W. Main St. Road, were told Thursday evening they had less than 24 hours to vacant the premises.

The Town of Batavia condemned the building because of numerous code violations.

Resident Eric Duda, who was made manager of the complex about seven months ago -- but still had to pay rent -- said he and his fiancé were able to find lodging for themselves and their 10-month-old infant.

But he said everything he owns is stored in rooms and there's no money to move it to other storage on such short notice.

"I figure I'm going to lose all of my possessions," said Duda, whose last extension for unemployment compensation ran out last week.

DSS helped him and his family move, temporarily, into the Mark Trail Motel, but he couldn't take his dog, and as of about 6 p.m. last night, he didn't know what he was going to do with his pet.

The motel has two detached wings. One of the wings has been vacant for some period of time because of a fire in the main office.

All of the residents lived in units on the east side of the property.

The property is owned by Panchal Bhupendrabhai (Duda called him "Sonny"), who lives in Irving, Texas. The assessed value is $55,000. He acquired the 2.9-acre parcel in 2007 from Sarojbahen Patel for $1, who acquired it in 2006 for $55,000. 

Earlier this month, the Town of Batavia authorized a purchase offer of $85,000 to acquire the parcel, which adjoins Kiwanis Park.

Supervisor Greg Post said the condemnation and interest in buying the property are unrelated matters.

The town has been interested since about 2007 or 2008.

"It's a matter of public record," Post said.

He added that "If there were a proper offer to sell the property, we would be willing to negotiate to buy the property."

Post said the living arrangements are a matter between the landlord and tenants.

"We certainly gave the owner time to comply (with code requirements)," Post said.

Still, the condemnation caught residents by surprised, and they all made quick trips to the Department of Social Services on Friday looking for help.

Maken Ithnnascheri, just moved into room #22 on Monday and spent every dime he had on the move and making the space habitable, including repairs and paint. He said he has nowhere to go and no place to take all of his possessions.

"I put a nice penny into it," he said. "They came here late last night and said we had to be out by five o’clock, and there’s no way. I have no place else to go. Where are we going to go in the cold?”

"Everything I have in the world," he added, "is in that room."

Ithnnascheri said he isn't currently eligible for DSS assistance to help him find new lodging.

The motel is in quite a state of disrepair, Duda acknowledged. He said the roof over three rooms leaks, there are broken doors and windows and several other problems with the property.

“It’s really just lots of little things," Duda said. "I just don’t know how it lasted as long as it did.”

Over the summer, he and the other tenants put a riser and cement cover over the septic tank, but it still leaks into the woods behind the motel.

The landlord has made various deals with tenants to make repairs at a discount but nothing ever seems to get done, Duda said.

He doesn't take issue with the condemnation, only the timing of it.

"It's something that I don’t understand," Duda said. "In order for a landlord to evict you, you've got 30 days. So how can the town come in and say you’ve got 24 hours and that’s it?

"I don’t know why he (the code enforcement officer) didn’t do this in the summer time when it would be easier for people to move," he added.

A two-car accident is reported on Route 63, in front of the John Deere tractor dealership, at Batavia-Oakfield Townline Road.

It is blocking the roadway. Both drivers are injured, but Mercy Flight is not needed. One victim needs to be extricated.

Oakfield Fire Department is responding. Route 63 and Fisher Road are going to be shut down. The Town of Batavia is handling fire police duties. Mercy EMS is responding.

UPDATE 12:10 p.m.: The victim needing extrication is out of the vehicle.

UPDATE 12:23 p.m.: Apparently, both drivers needed to be extricated and now the second victim is out of his or her vehicle.

UPDATE 12:34 p.m.: Both victims have been transported to the hospital. The roads are re-opened. Responders are clearing the scene.

Deputy Edward Vlack is Officer of the Year in the Genesee County Sheriff's Office.

Jane Ferrando received the Distinguished Service Award.

Both were honored Friday during the Sheriff's Office annual holiday lunch at the headquarters office on Park Road.

Awards were also presented Deputy Patrick Reeves, Deputy Brian Thompson and Sgt. Thomas Sanfratello for Meritorious Service.

Commendations were presented to Chief Deputy Jerome Brewster, Deputy Lonnie Nati, Correction Officer Lisa Aratari, Correction Officer Walter Kolmetz and Correction Officer Bob Mattice.

Top photo: Vlack receives his award from Undersheriff William Sharon, left, and Sheriff Gary Maha.

More pictures and full press release after the jump:

Dispatcher Gary Diegelman receiving an award for 30 years of service, shaking hands with Steven Sharp, left, director of the dispatch center, with Chief Deputy Jerry Brewster looking on.

Keith W. Hunt, deputy coordinator for Emergency Services, accepts a Certificate of Appreciation on behalf of Emergency Services. Carolyn Della Penna, confidential secretary to the Sheriff, stands behind Hunt.

Wade Schwab accepts a Certificate of Appreciation on behalf of Mercy EMS.

Dispatcher Joyce Anderson was honored for 30 years of service.

Deputy Patrick Reeves.

Deputy Brian Thompson receiving his award from Chief Deputy Gordon Dibble.

Sgt. Thomas Sanfratello.

Chief Brewster receives a Commendation for his efforts in the investigation that led to murder charges being filed against Steven Repert in Pennsylvania.

Jane Ferrando.

Printed copies of the photos can be purchased by clicking here.

OFFICER OF THE YEAR – DEPUTY SHERIFF EDWARD E. VLACK

Deputy Edward E. Vlack has distinguished himself in the performance of service to the citizens of Genesee County and the Genesee County Sheriff’s Office during 2010. Deputy Vlack’s professional skills and positive attitude have been unwavering over his 20-year career. He continues to demonstrate exceptional competency, organization and leadership and has taken on several additional responsibilities, without hesitation, throughout this past year in the Civil Bureau. In times of need, Deputy Vlack can always be counted on. He is dedicated to performing his duties with professionalism and motivation and has brought great credit upon himself and the Genesee County Sheriff’s Office.

DISTINGUISHED SERVICE AWARD – FINANCIAL CLERK/TYPIST – JANE D. FERRANDO

Financial Clerk-Typist Jane D. Ferrando has distinguished herself as a member of the Genesee County Sheriff’s Office. Jane’s professionalism to the citizens of Genesee County, coupled with her knowledge of Civil Bureau operations, has been a source of pride for this Agency. During many times of need this year, Jane was more than willing to take on additional responsibilities in Records and the Civil Bureau, at times performing the workload of three people. She continues to go above and beyond the call of duty and reflects great credit upon herself and the Genesee County Sheriff’s Office.

LONGEVITY AWARDS

Mary Hecht -- 10 years
Terese Bryan -- 10 years
Youth Officer Christopher Erion -- 10 years
Margaret Sheelar -- 10 years
Deputy Frank Bordonaro -- 15 years
Correction Officer Lisa Aratari -- 15 years
Deputy Edward Vlack -- 20 years
Youth Officer John Dehm --  30 years
Sr. Dispatcher Gary Diegelman -- 30 years
Sr. Dispatcher Joyce Anderson -- 30 years
Chief Deputy – Road Patrol Gordon Dibble -- 35 years
Warrant Officer Eric Olson -- 35 years
Chief Deputy, Investigations Jerome Brewster -- 35 years

CERTIFICATE OF APPRECIATION

Emergency Management Staff Sr. Dispatcher Joyce Anderson
Mercy EMS
Edward Minardo, Director, Genesee Justice

COMMENDATION

Chief Deputy, Investigations -- Jerome Brewster
Deputy Lonnie Nati
Correction Officer Lisa Aratari
Correction Officer Walter Kolmetz
Correction Officer Bob Mattice

MERITORIOUS

Deputy Patrick Reeves
Deputy Brian Thompson
Sgt. Thomas Sanfratello