Press release from the campaign office of Kathy Hochul:

Congresswoman Kathy Hochul today called on her opponents – Republican Chris Collins and Tea Party candidate David Bellavia – to join her in rejecting Rep. Paul Ryan’s (R-WI) 2013 budget proposal. Like last year, the budget would end Medicare as we know it by increasing out-of-pocket expenses for seniors by thousands of dollars, while simultaneously giving $150,000 in tax breaks to multi-millionaires.

“Over the last 10 months, I have made cutting federal spending and putting our fiscal house in order one of my top priorities,” Congresswoman Hochul said. “However, just as it did last year, the 2013 House Republican budget aims to pay our nation’s bills on the backs of our seniors, while at the same time giving massive tax breaks to multi-millionaires and billionaires.

“Representative Ryan’s plan also makes across the board cuts in medical research, high-tech research, and education – making it more difficult for businesses to innovate, create jobs, and compete in the global market. Instead of investing in the American economy, the House budget gives taxpayer giveaways to the nation’s wealthiest, Big Oil, and companies who want to ship American jobs overseas.

“Western New Yorkers want a Representative in Congress who will cut our nation’s spending the right way. That is why I supported a bi-partisan proposal to cut the deficit by more than $2 trillion, as well as the bi-partisan Balanced Budget Amendment, which would require Congress to manage its finances in the same way Western New York families do every day.

“Congress is scheduled to vote on this proposal this week, and I urge Mr. Collins and Mr. Bellavia to join me in rejecting this budget, which will decimate Medicare. The voters of the 27th District deserve to know where the candidates stand."

Press release:

St. James Episcopal Church in Batavia was recently awarded a $19,200 grant from the Rochester Area Community Foundation (RACF) for the restoration of the stained-glass window centrally located on the bell tower. The grant was co-written by Laurie Oltramari of the Landmark Society of Genesee County and Marcia Gann from the St. James Vestry.

The grant will help to restore broken glass, shifted and broken tracery, and the structural cast stone surround in the upper part of the window. The artist of the tower window is unknown and depicts the four evangelists with four panels below signifying an event associated with that person.

The grant stressed the role of St. James as a cultural and arts center of Batavia and that the stained-glass window was artwork that is valuable and accessible to the public.

"The churches of Downtown Batavia are incredible historical and architectural gems in our city," Oltramari said. "Many people pass them by without notice. They take them for granted. It is important to recognize them as a foundation to our community."

Among others, St. James is one of the churches that have participated in stained-glass window tours of Batavia. The work for the restoration of the window will be done by Valerie O'Hara of Pike Stained Glass Studios in Rochester.

Since autumn, the St. James tower has been undergoing restoration by the help of Catenary Construction and Bero Architecture. Beyond the RACF grant, the church was also awarded a $50,000 grant in September from Pepsi in which it was the only recipient of funding for historic preservation. It also received a $40,000 Sacred Sites grant from the Landmarks Conservancy.

The Rev. Steven Metcalfe and congregation began a capital campaign to bring in donations, but they are also seeking donations within the community. For more information about the restoration work being done or how you can help, please contact St. James at 343-6802.

James A. Klotzbach is indicted on charges of attempted assault on a police officer, endangering the welfare of a child and driving while ability impaired by drugs. Following a pursuit by police, with a child in the car, Klotzbach allegedly attempted to drive his car into the patrol car of a state trooper with the intention to cause serious injury to the trooper. Klotzbach was allegedly under the influence of drugs at the time.

Gail P. Rumble, AKA Gail P. Montondo, is indicted on two counts of identity theft in the second degree, three counts of identity theft in the third degree and five counts of criminal impersonation in the second degree. Rumble is accused of using the identity and credit of other people to obtain services from Time Warner, National Fuel and National Grid.

Brent M. Semmler is indicted on a felony charge of DWI. Semmler is accused of driving drunk Dec. 18 in Le Roy.

Rusty E. Vanson is indicted on charges of felony DWI and felony driving with a BAC of .08 or greater. Vanson was arrested Oct. 23 in the Town of Alexander on Bowen Road for allegedly driving drunk.

Amanda Marie Putnam, 25, of Selden Road, Le Roy, is charged with unauthorized use of a motor vehicle. Putnam is accused of using her landlord's vehicle without permission and then being involved in a motor vehicle accident while driving the vehicle.

Jonathan Paul Bouter, 28, of Oak Orchard Road, Elba, is charged with aggravated unlicensed operation, 3rd. Bouter was arrested on a warrant for the charge out of Corfu Village Court. He was jailed on $500 cash or $5,000 bond.

A 26-year-old Batavia woman accused of punching a 70-year-old Walmart employee during a busy Christmas Eve shopping day has been indicted on two felony counts by a Genesee County Grand Jury.

Jacquetta B. Simmons, of 106 Ellsworth Ave., Batavia, is indicted on two charges of assault in the second degree.

Simmons will be arraigned April 12 on the charges in county court by Judge Robert C. Noonan.

The two Class D felony charges carry potential prison terms -- for a person with no criminal history, as is the case with Simmons -- of from two to seven years.

Simmons was arrested Dec. 24 after reportedly being followed out to her car by a number of Walmart shoppers, who prevented her car from leaving the parking lot.

According to witness reports, Simmons hit Grace Suozzi hard enough to knock her 10 feet across the floor. Souzzi suffered fractures in her face.

Suozzi reportedly asked Simmons for a receipt for a bag of merchandise prior to being hit.

Buffalo attorney Earl Key has suggested there may be additional circumstances to the case that haven't come out yet.

One of the assault charges against Simmons stems from a law passed in 2008 making it a felony to assault and cause injury to a person 65 or older. Simmons is the first person in Genesee County charged under the relatively new law.

Besides having no criminal history, Simmons is a college graduate with strong ties to the community.

She remains out of jail on $40,000 bond, reportedly posted by her parents.

The story of the alleged assault gained national media attention after first being reported by The Batavian.

Press release:

WASHINGTON, D.C. – Congresswoman Kathy Hochul today announced the opening of the 2012 Congressional Art Competition for New York’s 26th Congressional District. This competition is open to all high school students across the district.

“The arts should play an important part of every child’s education, and the Congressional Art Competition is a great way to encourage student creativity,” Congresswoman Hochul said. “We have some of the most imaginative and talented students in Western New York, and I cannot wait to see the amazing works of art they submit for the competition.”

The Congressional Art Competition, now in its 30th year, was organized to recognize and encourage artistic talent in each congressional district across the nation. High school students in each district are encouraged to submit original artwork – photographs, oil, watercolor, and mixed-media works are all permitted. The winning painting from each district will be hung in the halls of the U.S. Capitol for the following year.

All artwork, as well as a completed Student Information and Release Form, will be collected at participating schools no later than April 11th. The release form can be found on Congresswoman Hochul’s website right here or may be obtained by calling Congresswoman Hochul’s Williamsville office.

Schools looking to participate in the Congressional Art Competition should contact Congresswoman Hochul’s Williamsville office at (716) 634-2324 or Washington, D.C. office at (202) 225-5265. Additional information regarding the competition can be found at http://www.house.gov/content/educate/art_competition/ .

A man involved in commercial burglaries in Batavia is already serving four-and-two-thirds to 14 years in state prison based on a similar conviction in Wyoming County, and in Genesee County Court today, he was given an identical sentence by Judge Robert C. Noonan.

The four-and-two-thirds to 14 years imposed by Noonan will be served, according to state sentencing guidelines, concurrent to the Wyoming County sentence, which was imposed a month ago.

Noonan was prepared to tack on a couple more years to the sentence of Michael A. Ames, 19, of 508 Dale Road, Dale, but couldn't do it, so he gave him the maximum term available to be served while Ames serves his Wyoming County sentence.

Ames was arrested in September after a video posted on The Batavian helped lead investigators to Ames and Trevor M. Pilc, 18, of 404 Jackson St., Batavia, as suspects.

The duo was accused of breaking into several area businesses.

For Ames, according to his attorney William Harper, the crime spree represented just four months out of his life and was driven mainly by a recent drug addiction.

Harper argued for the minimum sentence available citing a troubled childhood for Ames, which included being reported as a neglected child five times, foster homes and a serious learning disability.

Very dry conditions across Western New York are expected to last through early this evening and the National Weather Service is asking area residents to adhere to all local burn bans.

There is low relative humidity this afternoon of between 15 and 25 percent.

Winds, however, remain generally light and "well below red flag warning criteria."

A warrant has been issued for the arrest of an admitted burglar who failed to appear for his sentencing in county court today.

Benjamin W. Muntz, 22, of 6966 Knowlesville Road, Basom, entered guilty pleas Jan. 4 to burglary, 3rd, and grand larceny, 4th.

Attorney Thomas Burns said Muntz hasn't been seen nor heard from since early March and his family doesn't seem to know his whereabouts.

With supportive friends and family in the courtroom, and a letter of support from an officer of the law he assaulted, 22-year-old Craig A. Tiberio-Shepherd, was given a second chance in county court today.

Tiberio-Shepherd, facing up to four years in prison, was sentenced to five years probation by Judge Robert C. Noonan.

Previously, Tiberio-Shepherd admitted to assault, 3rd, criminal possession of a controlled substance, 4th, and felony DWI.

Twice -- in July and in November -- Tiberio-Shepherd appeared before the judge with Noonan prepared to send the Le Roy resident to state prison. But those sentencing hearings were delayed and Tiberio-Shepherd continued on in substance-abuse programs, enrolled in college and held down a job.

"The significance in not sending you to state prison tells me that you've climbed a very, very high hurdle to be here today and be in a position to get probation," Noonan said.

A member of the Local Drug Enforcement Task Force who suffered minor injuries in a scuffle with Tiberio-Shepherd in April initially told the court the young man should be sent to prison, but after meeting with Tiberio-Shepherd the detective wrote to Noonan and said he supported the recommendation for probation.

Tiberio-Shepherd has been attending Genesee Community College and getting good grades. He plans to enroll at Buffalo State University in the fall.

Noonan also received letters of support from several people in the community and the pre-sentence report by Genesee Justice recommended probation.

In all, Tiberio-Shepherd was sentenced to five years probation each on the drug charge and the DWI conviction, and  three years probation on the assault.

He faces repayment of fines and restitution, plus his driver's license was revoked.

"I've noticed he hasn't gotten all cocky about his treatment progress and he seems to accept the fact that this is something he is going to have to work hard doing for a long period of time, which is not only sobriety, but criminal-free living, which he intends to do," said his attorney, Thomas Burns.

In a brief statement to the court, Tiberio-Shepherd, thanked Noonan for the chance to turn his life around.

Press release:

United Memorial Medical Center is pleased to announce that it has received $500,000 in NYS Economic Development funding. Five years ago, United Memorial began a multi-phased project to rehabilitate the former St. Jerome Hospital building, which is located at 16 Bank Street in the heart of Downtown Batavia.

The first phase renovated the ground floor to create an outpatient diagnostic center along with offices for primary care and occupational medicine services. The second phase addressed the upper floors and created 37 housing units for seniors 55 years of age or older earning less than 50 percent of the area median income. Several of the units contain features to assist those with mobility, hearing or visual impairments.

At the beginning of the second phase of the project, New York State Senate Majority Leader Dean Skelos, Senator Mary Lou Rath and then County Legislator Mike Ranzenhofer announced $500,000 in NYS Economic Development Assistance funding to assist with the redevelopment.

At that time, United Memorial’s President and CEO Mark C. Schoell stated, “The support from the State Senate will help us reinvigorate an important area of Downtown Batavia and re-purpose a vacant structure so that it once again serves the residents of Genesee County by providing the necessary elements of employment, housing and access to health care.” 

The adaptive reuse of the building was completed in November 2010; however the NYS Economic Development Assistance funding had not been received. United Memorial solicited help from the 61^st District, New York State Senator Mike Ranzenhofer’s office.

“Senator Ranzenhofer has been diligent in assisting the hospital access the funds promised in 2008,” Schoell said. “The Jerome Center Project is an exemplary illustration of cooperation between government and the private sector to preserve an historic property and provide important services to the community. We greatly appreciate Senator Ranzenhofer’s dedication and commitment to healthcare, housing for our vulnerable population and economic growth.”

Senator Ranzenhofer said "Mark and I have been working closely together for many months to ensure that United Memorial received the funding it had been promised in 2008 for the Jerome Center Project. As a result of our collaborative efforts, we were able to push the funding part of this project across the finish line.

"The Jerome Center Project has had a positive impact -- particularly, the many jobs it has created and the services the site now offers to the community. I hope that the project serves as a paradigm to encourage both organizations and individuals in the community to contact me when encountering a state-related issue."

The Jerome Center currently houses a comprehensive diagnostic center offering medical imaging and laboratory specimen collection; the Corporate Health Center for occupational medicine services; Batavia Family and Pediatric Care; Surgical Associates; Hope Haven, the only secure inpatient chemical dependency rehabilitation unit in the GLOW region; and the fully occupied Jerome Senior Apartments.

The site also hosts a gift shop, refreshment kiosk and cafeteria. Next month an Urgent Care Center will open in the Jerome Center to provide an affordable and timely alternative to emergency room care for non-life threatening illnesses and injuries.

A Le Roy man accused in March 2010 of manufacturing methamphetamine using a potentially dangerous process is facing up to 10 years in federal prison after pleading guilty Monday.

Nicholas P. Sadwick, 24, of 345 Sandybrook Drive, Le Roy, entered a guilty plea in federal court to unlawful possession of materials which may be used to unlawfully manufacture a controlled substance.

At the time of his arrest, Sadwick admitted to police that he was attempting to manufacture crystal methamphetamine via a “one pot” method.

Investigators, after executing a search warrant on his home and vehicle, found a baggie and mason jar which contained a clear liquid that was found to contain methamphetamine.

Outside the residence, officers seized discarded lithium batteries, old cold medicine boxes and “Icy Hot” packs which had been ripped open.

Federal authorities said these items are common materials used in the production and clandestine manufacture of methamphetamine.

Additionally officers seized a “Mountain Dew” bottle with a hole in the cap with plastic tubing coming out of the hole likely used as a gas generator and is used in an essential step in making meth.

A year ago, Deputy Chief Jerome Brewster characterized the method being used by Sadwick and his alleged partner was "particularly danagerous."

Sentencing is scheduled for 12:30 p.m., July 2, in Buffalo.

After a couple of brushes with victory in the past couple of years, Pembroke's mock trial team finally came out on top, beating Attica on Monday evening in a match at the Genesee County Courthouse.

Pembroke scored 111 points in the two-trial match.

Judge Robert C. Noonan presided over the cases.

Pembroke will now move onto the regional competition at a time and place yet to be announced.

The Pembroke team is Patrick Burns, Dean Cullinan, Cale Fryer, Rachel Seweryniak, Joelle Fugle, Brett Jones, Andrew Reynolds, Brandon Kohorst, Ben Reiner, Christian Burn, Justin Sformo, Eva Reda-Kenrick, Sabrina Sanner and Karen Glomb.

The Attica team is Thomas Finnagan III, Cassandra McCulloch, Breanna Donnelly, Evan Reisdorf, Devin Tidwell, Naomi Lampke, Lauren Beatalan, Madison Cook, Kathrine Dusterhus and Hollie Seipel.

If you're unable to view the slide show, click here. To purchase prints of these photos, click here.

A pedestrian has reportedly been struck by a car at the intersection of East Main and Clinton streets, City of Batavia.

No word yet on possible injuries.

City Fire Department and Mercy EMS dispatched.

UPDATE 8:20 p.m.: Patient is conscious and alert, able to move, complaining of left side body pain.

A Batavia woman still suffering from serious injuries following an accident March 8 in Batavia won't get out of jail any time soon to help her recovery, Judge Robert C. Noonan ruled today.

Michelle T. Crawford, 26, of 7963 Batavia Stafford Townline Road, had her jaw wired shut following the accident, but Noonan said that given her legal status at the time of the accident, he couldn't see setting a bail amount for her.

Crawford was on probation stemming from a DWI arrest in Erie County and had already been convicted once of a probation violation.

She appeared before Noonan days before the accident, having completed one substance abuse program and was awaiting an open bed in another treatment program.

"She committed to me that she had seen the light and was all rehabilitated and ready to get on with a clean life," Noonan said. "She expressed on the record that if she was allowed to stay at liberty until we could find a bed or another treatment program she would stay clean."

Noonan continued the case pending sentencing on the probation violation until 9:30 a.m., April 16.

Assistant District Attorney William Zickl said Crawford was operating on a suspended license at the time of the accident and he has been told by investigators that she had alcohol and a small amount of cocaine in her system at the time of the accident.

She may be facing multiple felony charges, though the Sheriff's Office has not yet completed its investigation.

When Noonan said he wouldn't let Crawford out of jail, she turned and looked at her parents and boyfriend in the gallery and started to cry just a bit.

Crawford didn't speak during the hearing.

Her attorney, Lackawana-based Louis Violantin, pleaded with Noonan for a lower bail to help his client be better prepared for what may come next.

"The court may be hesitant to set reasonable bail," Violantin said. "It's imperative that we do get her help because she's ailing right now and certainly jail is not a hospital. Michelle needs to get herself well physically right now in order to be able to go through anything else."

A Batavia woman accused of defrauding elderly Genesee County residents of more than $300,000 was in court today for a bail review hearing and sat in her chair and sobbed through the entire proceeding.

Heidi L. Schollard, 161 Bank St., Batavia, had her bail adjusted by Judge Robert C. Noonan upward to $50,000 cash or bond.

Her original bail set in a lower court was $25,000. She is in the custody of Genesee County Jail, but being held in Livingston County Jail, which has facilities for women inmates.

Schollard was initially arrested in December 2010 for allegedly stealing about $250,000 from a Batavia resident and that case is still pending.

She was out of jail during the proceedings in that case and was arrested again earlier this month and accused of defrauding another elderly person. The alleged victim in this case is a resident of Alabama.

In both cases, Schollard was reportedly a care giver for the victims.

Schollard is accused fraud and filing false tax returns. 

The charges against Schollard include two counts of criminal tax fraud, 3rd, two counts of grand larceny, 3rd, one count of grand larceny, 4th, 13 counts of offering a false instrument for filing, five counts of forgery and 10 counts of falsifying business records.

Temperatures could drop as low as 25 degrees tonight and that is going to be bad news for flowering trees, budding plants and other shrubs with newly sprung sensitive leaves.

"Twenty eight degrees is the critical temperature," said Jan Beglinger, agriculture outreach educator and master gardener coordinator for the Genesee County Cornell Cooperative Extension.

If it drops below 28 degrees -- especially if there is no breeze and cloud cover -- a lot of plants could be damaged.

Beglinger recommends covering plants with blankets, burlap or newspaper (but not plastic, which doesn't provide any insulation), where and when possible.

Blooms and budding for plants have come unseasonable early, but Western New York is not officially out of winter yet.

"I knew when we had beautiful weather for 10 straight days, we were going to pay for it," Beglinger said.

Photos of the cherry blossom of the trees between the Upton Monument and the Old Courthouse. I figured today might be my last day this year to get any shots of the blossoms.

John Kennedy School kicked off a reading program today with a "Dancing with the Stars" contest in the school's auditorium.

The stars were faculty and staff dressed up as characters from popular children's stories, from Shrek to Snow White and Puss 'n' Boots.

It was a full, multi-media event with rehearsal videos and zingers from the judges.

Children earn tickets to vote for their favorites by completing nightly reading assignments with their parents.