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Forklift on fire in building in Le Roy

By Billie Owens

A forklift is reportedly on fire inside a building at 8741 Lake Road in Le Roy. It is at a business behind a mobile home park.

A ladder truck from Bergen and Le Roy Fire and Ambulance are responding.

UPDATE (5:28 p.m.): The fire is out.

UPDATE (6:17 p.m.): Although the fire was put out some time ago, the firefighters have continued working to vent the smoke from the building.

Bar Association makes contributions to four local community groups

By Howard B. Owens

The Genesee County Bar Association recognized four local organizations today for their commitment to improving the lives of those in need in Genesee County.

Each group received a donation from the bar association:

  • CASA for Children (Court Appointed Special Advocates — providing volunteers to advocate for the needs of neglected and abused children in the county): $1,250
  • Genesee County Youth Court (Provides a peer-review system for local troubled youth as an alternative to our adult justice system.): $500
  • “People Realizing Potential” (A campaign of the Genesee ARC to assist local people with special needs.): $1,000
  • Genesee County Child Advocacy Center (Provides services for local children in need.): $1,250

Pictured, from left, front, are: Donna Feary, Justice for Children/GLOW Foundation; Shelley Faltico, Genesee ARC; Deborah Kerr-Rosenbeck, Youth Court; Tara Pariso, CASA; Attorney Charles Graney (back left), Durin Roger, president-elect of the bar association; District Attorney Lawrence Friedman; Colleen Marvel, Coordinated Justice for Children; David Saleh, bar president; and, Thomas Burggman, CASA.

Harvester Avenue burglar pleads guilty to three felony charges

By Howard B. Owens

An East Main Street resident with a record of stealing from local businesses admitted in Genesee County Court this morning that in late October he broke into a shop on Harvester Avenue and stole and then forged two checks.

The three felony counts -- burglary and two counts of possessing a forged instrument -- will send Michael J. Piasta to state prison for at least two years and perhaps as many as seven.

Piasta admitted to breaking into the building and then trying to cash two checks made out to himself, each in the amount of $1,762, at two separate branches of a local bank.

He was unsuccessful in both attempts to cash the checks.

Because the burglary and the two check-cashing attempts constitute three separate crimes, Piasta could have been facing consecutive sentences, but in a plea bargain, District Attorney Lawrence Friedman agreed to a concurrent sentence on all three counts.

His sentence also won't be enhanced by his prior felony convictions for burglary, 3rd, in 2006 and attempted assault, 2nd, in 2002.

Piasta previously admitted to burglary and petit larceny charges in Batavia City Court related to his arrests for stealing from Pandora's Boxx and Wilson Farms.

He will be sentenced in city court on those charges Dec. 2.

Previously: Man with previous thievery charges accused of burglary on Harvester Avenue

Rear-end accident reported at West Main and Lyon, Batavia

By Howard B. Owens

A two-car, rear-end accident is reported at West Main Street and Lyon streets, Batavia.

There are no reported injuries, but a mother is requesting that EMS evaluate her child who was in an child safety seat.

Batavia police and fire and Mercy EMS responding.


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Man accused of stealing timber from three Genesee County properties

By Howard B. Owens

A man who lives 143 miles from Genesee County has been nabbed in connection with a series of timber thefts from local property owners.

Donnie Eugene Hendrickson, 49, of County Route 17, Bernhards Bay, is facing two charges of grand larceny and one for petit larceny for the alleged lefts in early 2010.

Bernhards Bay is northeast of Syracuse, on the north side of Oneida Lake.

Hendrickson is accused of stealing more than $21,000 in timber.

The first alleged theft occurred Jan. 9. Hendrickson allegedly removed $1,800 in timber from Stein Farms property. He's been charged with grand larceny, 4th, for that alleged crime.

In mid-February, $19,000 in timber was reported missing from Hy Hope Farms in Stafford. Hendrickson is being charged with grand larceny, 3rd.

The petit larceny charge stems from an alleged $450 theft of timber in February from Englereth Farms, Stafford.

The cases were investigated by Deputy John Duyssen.

Police Beat: Man accused of threatening police officers

By Howard B. Owens

Walter C. Blatt, 52, of 3768 W. Main St. Road, Batavia, is charged with harassment, 2nd. Police officers responded to a report of a disturbance at 9:53 p.m., Wednesday, at 319 E. Main St., Batavia. Blatt allegedly verbally and physically threatened officers.

Darren D. Jones, 45, of 168 Parkside, Syracuse, is charged with DWI. Jones was picked up in Syracuse on a warrant out of Batavia City Court for alleged failure to appear on a previous DWI charge. Jones was jailed on $5,000 bail.

Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with trespass and harassment, 2nd. Gaulden is accused of refusing to leave College Village after being told to do so. She allegedly struck a village security officer. The alleged incident occurred at 11:23 p.m., Thursday.

Lotoya Tamika Vialva, 19, of East 19th Street, Brooklyn, is charged with disorderly conduct, resisting arrest and unlawful possession of marijuana. Vialva was originally being taken into custody for allegedly yelling profanities in a public parking lot at College Village.  She then allegedly resisted arrest. The incident occurred at 11:40 p.m., Thursday.

High School Football Picture Sale - 75 percent off suggested retail price

By Howard B. Owens

Reminder -- just in time to order Christmas presents, The Batavian is offering deep discounts all of the photos we published from our 2010 high school football coverage -- in most cases our sale price is 75 percent off suggested retail price.

To browse the game coverage albums and order photos, click here.

A Morning With Sadie

By JIM NIGRO

Sadie is a 5-year-old chocolate lab and not only a well-trained retriever, but a prime example of the classic relationship between gunner and gun dog. During the past couple autumns, I've been privileged to spend a few mornings with Sadie and her owner, Doug Harloff. Each outing has been invigorating, being able witness firsthand a good wingshot and his loyal sidekick at work.

A short wait in the dark was followed by a pre-sunrise calm.

Low light as Doug & Sadie both wait for the morning's first flight.

Decoys are in place.

The onset of a retrieve.

The return trip - mission accomplished.

Time for a little TLC.

Checking the northwestern sky - no ducks sneaking in the backdoor.

 

Doug explains to Sadie that the ducks have stopped flying.

Look at Sadie's facial expression: "Whaddya mean we're leaving?"

Happily for Sadie, on the way home there was a bit of pheasant action. She's equally good at locating ringnecks. 

Having spent time with Doug and Sadie both in the cattails and afield, I come away with the impression these two are not simply an owner and his dog - they're good friends.  

Oakfield man scratched off $1,000,000 ticket in lottery game

By Howard B. Owens

All of the rumors you heard on Facebook are true -- a man in Oakfield bought a $1 million scratch-off ticket at Wilson's Farms.

Randy Bennett, 64, plans a trip to Alaska and some new landscaping in his back yard, but he will also take care of the people he said helped him in tough times.

He's also going to keep working at Mizkan's in Lyndonville. He said he loves his job and the people he works with.

"I'm used to working 10 hours a day, six days a week," he said. "I plan to continue working, but my retirement date just moved up a few years."

Bennett seems to be the lucky one with scratchers. Previously he's won $5,000 and $25,000.

There's no secret to his success, he said.

"When I'm feeling lucky and I stop and buy some tickets with the money in pocket," Bennett said. "If I win, I play with that."

He said playing scratches is just something fun to do.

The scratcher he played this time was a $20 ticket for the "$500,000,000 Extravaganza" game.

His pay out will be $33,015, after taxes, per year for the next 20 years.

A musical with a 'Twist': Batavia Rotary does 'Oliver'

By Gretel Kauffman

Although tonight is the opening night for the Batavia Rotary's 62nd annual musical production, Director Patrick Burk is no stranger to this year's beloved selection.

"I was in 'Oliver' when I was very young, and I've directed it before," Burk says. "It's great for families and it's a classic story by Charles Dickens. A lot of people with young families will be able to connect to it, and that's the audience that we want to appeal to."

Burk, who lives in Batavia, is also accustomed to working with children, as he annually directs the GoArt! Summer Youth Theater productions, which have had as many as 80-plus children in their casts. However, this show is unique in its mix of young and old actors alike.

"Working with a combination of young kids and older adults is amazing," he says. "The way that the older people pick things up from the younger people, and vice versa, is very interesting to me."

One of the younger people is Jordan McNees, who has the title role of Oliver Twist. The 11-year-old from Brockport, who has previously appeared as Ralphie in Geva Theatre's production of "A Christmas Story," says that he has enjoyed working with the other kids.

"It's a lot of fun. They're all really nice, and they're all great influences on me," he says. "They give me tips and advice."

One thing that he needed no advice on was his British accent, which he picked up with little difficulty.

"I watched a lot of British movies, so it was actually pretty easy to get it," he says.

Burk says that vocal director Deanna Spiotta played a large role in helping the cast master their accents.

"Deanna is very good with accents and vocals," he says. "A lot of people ended up learning relatively quickly. The accents were especially important because the show has a lot of strong characters that call for strong vocalization."

Paul Spiotta, who has the role of Fagan, agrees that his daughter has done an impressive job.

"If I'm going to be completely honest, with all due respect to all the past vocal directors for Rotary shows I've been in, she's the best so far," he says. "She's really done a thorough job in preparing everyone."

The elder Spiotta says he has enjoyed getting into his villainous role.

"There are a couple of scenes where I have to be really mean, and I try to get better at those every night," he said.

The combination of young and old does not end on stage; there is a wide range of ages working behind the scenes as well. Jonathan Adams, who is around the age of many of the children in the show, is working as a stagehand while his brother and sister portray orphans.

"I basically help out and get props ready and make sure the actors aren't missing anything, and lift boxes and stuff," he explains. "I like helping so the actors won't have to do as much work, since they're already working a lot on stage. And so that Mr. Burk won't have to do as much."

No matter what age, everyone interviewed agrees that they are ready for opening night.

"I think it's going to be great," says McNees. "The cast has put a lot of blood, sweat and tears into the show, and there's so many fun and exciting parts. It'll make you laugh and cry."

Performances are tonight, Friday and Saturday at 7:30 p.m. and Sunday at 2 p.m. in the Batavia High School auditorium. Tickets are $16 and can be purchased in advance at www.bataviarotary.com or at the door.

Two-vehicle accident in Pembroke

By Billie Owens

A two-vehicle accident, blocking the roadway, is reported at West Main and Allegany Roads in Pembroke.

Elderly driver hits tree on Route 5, near Indian Falls Road

By Billie Owens

A car has slammed into a pole at 2023 Route 5. The elderly male driver is injured and reportedly incoherant. The caller stated the car was being driven erratically before leaving the roadway and hitting the tree. So this accident may be due to medical reasons.

The location is between Cleveland and Indian Falls roads. The pole is said to be sheared at the base but it remains upright and nothing is blocking the roadway.

East Pembroke Fire Department and Mercy EMS are responding.

K-9 'Finn' has law-enforcement career cut short due to parasite infection

By Howard B. Owens

K-9 "Finn" has tracked his last criminal and is on the verge of becoming somebody's family pet.

The 6-year-old police dog suffered a parasite infection in his hip about a year ago and his muscles have yet to regain their full strength.

“He’s not going to ever fully recover to the point to be able to do the job of a K-9 police dog,” Sheriff Gary Maha told the Ways and Means Committee on Wednesday.

Maha is asking the County Legislature to pass a resolution allowing the Sheriff's Department to donate "Finn" to a person in the community, and then accept -- as a gift from the Niagara Falls PD -- a K-9 about the same age.

Deputy Brian Thompson said he will be sorry to see "Finn" go, but with another police dog about to join his household, there just won't be room for "Finn."

"It's heartbreaking to me," Thompson said.

The new dog, whom Thompson already knows, will be the last K-9 Thompson will work with professionally. After 19 years, going back to his time in the Army, Thompson is stepping aside as a K-9 handler. The Sheriff's Office is already starting the process of finding a new handler.

The new handler will get a "green" dog, at a cost of $6,200 to $6,500, plus the cost of at least 16 weeks of training.

The Niagara Falls dog is available because its current handler was involved in a shooting and has had trouble returning to work. The dog will be donated to Genesee County.

Thompson said the expectation is that the dog will have two or three years of working life left before retirement. Thompson will continue on as a K-9 handler so long as that dog is able to work.

Meanwhile, Thompson continues to work with K-9 "Jay," whom Thompson said is "the best narcotics dog I've ever worked with." 

"Jay" is 13 years old, however, and is no longer physically able to handle chasing suspects or tracking criminals.

"Finn" was only on the job for six months when he was out on a detail assisting Niagara Regional Police Services in Canada.

Thompson had to take him into a wooded area, and it turned out the area was full of ticks. The ticks were treated and the dog seemed fine at first, but parasites apparently weakened the muscles in his hip.

Over the next couple of months, he developed muscle tears while working and training. On one job, it became apparent that "Finn" was in a good deal of pain. He's been out of service for nearly a year.

A friend of County Attorney Charles Zambito raises purebred German shepherds and is interested in taking in Finn, but first the woman needs to ensure "Finn" and her other dogs will get along.

If that person accepts "Finn," Zambito will need to draft a contract relieving the county of any liability.

Both Maha and Thompson, however, said "Finn" would make an excellent family pet.

"He’s not a violent dog," Maha said. "He’s a very friendly dog."

"Finn" just isn't aggressive at all, said Thompson.

"Even in his job, he doesn’t like the aggression part of it," Thompson said. "It’s just not in him. We tried putting it in him with different training and different work, but it’s just not part of his personality. He’s not the least bit interested in harming anybody."

New superintendent named for Le Roy school

By Billie Owens

A new superintendent has been hired for the Le Roy Central School District and will take the helm Dec. 27.

Kimberly Cox, 26-year veteran of education, beat out 42 other candidates for the position.

She has spent her career in the Wayne Central School District, serving as classroom teacher, elementary school principal, and for the past five years, as the district's assistant superintendent of instruction.

Le Roy Board of Education President Donald Hobart said the applicants were outstanding, and the number who applied was double the state average. They narrowed the intial field to seven semifinalists, then three finalists.

Hobart said the search committee did a site visit at the Wayne Central School District and found Cox to be a proven leader in curriculum development and instruction.

She "will help Le Roy continue to move forward," Hobart said.

Le Roy's previous superintendent, Cindy Herzog, resigned in May after three years with the district. The search committee, including Genesee Valley Educational Partnership, and others, hoped to have a replacement by Dec. 1, so the timeline is slightly delayed.

Speaking of the job the interim superintendent did, Hobart said "David (DeLoria) has done an incredible job. He is well respected, well liked...and enthusiastic."

This information comes from an interview with Hobart conducted by WBTA.

Car hits pole in fron of Kutter's Cheese

By Billie Owens

A car-into-pole accident with minor injuries is reported in front of Kutter's Cheese, located at 857 Main Road in Corfu.

Pembroke and Indian Falls fire departments and Mercy EMS are responding.

UPDATE (4:11 p.m.): The woman is reported to be uninjured. Mercy EMS is continuing in non-emergency mode. She told responders that she was trying to park her car when her vehicle struck the pole. The vehicle is damaged.

Driver who fled scene of Oak Street accident not yet identified

By Howard B. Owens

The man who owns a silver Mustang involved in a one-car accident on the edge of the Oak Street roundabout last week says he wasn't driving the car at the time of the accident.

The driver fled the scene.

There were two witnesses of the driver running from the car, according to Officer Ed Mileham, but neither witness could positively identify the driver after looking at photo line ups.

"Right now, it's just an unauthorized use," Mileham said.

The owner of the car reported it stolen the morning after the accident.

The name of vehicle owner has not been released.

Farrall Park defendent has sentencing on public lewdness charge delayed again

By Howard B. Owens

Justin Amend, the 29-year-old Farrall Park paramour of Suzanne Corona, will wait another week at least to find out if he's going to jail.

When Amend entered a guilty plea to public lewdness, it was on the condition that he wouldn't receive jail time, but City Court Judge Robert Balbick said there's now a problem with that plea arrangement.

The former Oakfield resident is now a Florida resident.

"By moving out of state, you've prevented me from placing you on probation," Balbick said.

The Probation Department recommended Amend be given a conditional discharge -- meaning if he stays out of trouble for six months, the public lewdness conviction would be dismissed.

Balbick said considering the offense to the community, that Amend engaged in sexual conduct in a place where parents and children could see the act, he just can't go along with a conditional discharge.

That leaves Amend two obvious options -- withdraw his plea and go to trial, or let Balbick sentence him with the probability he will be given jail time.

Defense Attorney Tom Williams asked for more time to either research a way to get Florida to accept Amend's probation, or see if there is space available with the Genesee County Jail for a weekend work detail sentence.

Assistant District Attorney Robert Zickl predicted that Florida is unlikely to accept a probation case on a misdemeanor charge.

"States feel that their probation departments are overworked as it is and they do not want to accept misdemeanor cases," Zickl said.

Amend moved to Florida, according to Williams, because he's embarrassed by his crime.

"He's humiliated to be seen walking around Genesee County," Williams said. "For him to walk into Tops and be seen is torture for him. It would be like for me to walk into Tops naked. That may seem over the top, but that's how he feels."

When given his turn to speak, Amend said, "I can guarantee you that you will never see me in court again because this has been a total embarrassment."

Williams described Amend as an upstanding citizen who has never been in trouble except for this case.

In fact, Williams said, Amend has been a key witness in criminal cases, including one where he turned in a sexual predator who was victimizing a younger person. That criminal is now in state prison. The man never would have been caught if Amend hadn't contacted the police, Williams said.

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