This week the Genesee County Grand Jury issued the following indictments.

Mitchell J. Irish is accused of assault, 2nd, a class D felony, for allegedly recklessly causing serious physical injury to another person on June 9 by means of a deadly weapon and dangerous instrument, a motor vehicle.

In count two, he is accused of vehicular assault, 2nd, a class E felony, for allegedly operating a 1998 Chevrolet in an intoxicated condition on June 9 in the Town of Darien, thereby causing serious physical injury to another person.

In count three, he is accused of driving while intoxicated, a class E felony.

Christian J. Johnson is accused of driving a 2002 Cadillac while intoxicated, a class E felony, on July 23 on Pearl Street in the City of Batavia.

In count two, Johnson is accused of aggravated driving while intoxicated, a class E felony, for allegedly having a .18 BAC.

In count three, he is accused of allegedly operating the same vehicle without an interlock, a misdemeanor, although he was court-ordered to have an ignition interlock device on it.

A Darien man wanted on a felony assault charge was taken into custody in Darien on Thursday morning and jailed without bail.

Wyatt Becker was arraigned in front of Judge Robert Noonan following his arrest and charged with violation of probation, vehicular assault, 2nd, and felony DWI.

The charges stem from a serious injury accident in Alexander in August.

Becker was in Alexander court a few weeks later where he was arraigned and told he would be going to jail on $5,000. Becker reportedly asked to go to the bathroom and then allegedly walked out of court.

He then missed a court appearance in November and Noonan issued a second warrant for his arrest.

Press release:

On behalf of city hall, the Batavia Development Corporation (BDC) has distributed a request for proposals to attract developer interest in the former Carr’s warehouse building located on Jackson Square in Batavia. The city has asked for proposals to convert an historic 1880 warehouse into a productive mixed-use, office, commercial or residential building.

“This 6,000-square-foot historic conversion project, considered small to some, could have a real impact in downtown Batavia,” said Jason Molino, city manager. The city acquired the property in 2010 through a delinquent tax foreclosure process.

Consultants have recently indicated a lack of Class A office space availability, a void in certain retail sectors and a gap in modern housing stock for professionals. Each of these uses would be permitted for this project under the city’s C3 zoning law.

Inciting revitalization efforts through public and private partnerships has become the norm for the City of Batavia.

Neighboring to the warehouse, other public-private efforts have resulted in the redeveloped Center Street Smokehouse restaurant and the 19-25 Jackson Street mixed-use redevelopment by the Valle family to house their jewelry store. Habitat for Humanity also acquired a distressed residential property though a unique public-private arrangement with the city.

On a grand scale, the Mancuso Business Development Group wrapped up its multimillion dollar Masse Gateway redevelopment project to improve the product mix, accessibility and infrastructure to the century-old 30-acre industrial site. The city had secured a $1,500,000 RESTORE NY Communities grant that was redistributed to the developer upon satisfactory completion of the project.

“Substantial renovations to more than 100,000 square feet of flex-industrial space would not have been possible without the city’s support,” said Tom Mancuso, president, Mancuso Business Development Group.

Earlier this year, the city submitted a NY Main Street grant request that is expected to leverage a $275,000 private investment to improve 30 downtown commercial and residential properties. And just last month the city applied for a $100,000 grant through the consolidated funding application process to foster job creation at the new Save-A-Lot store prepping to open after considerable renovations to a longtime vacant building. Both of these projects anticipate award announcements this month.

The City of Batavia serves as the regional economic center for Genesee County situated between Buffalo and Rochester at Thruway exit 48. Four State Routes (5, 33, 63 and 98) traverse the city and provide easy access for both consumers and workers. Daily traffic counts top 40,000 vehicles and more than 3,000 people are employed within walking distance of the featured redevelopment site. To request a proposal package, contact the Batavia Development Corporation at 585-345-6380 or jpacatte@BataviaDevelopmentCorp.org.

A Corfu resident, William Smith, is among 10 people arrested statewide following an investigation into allegedly illegal gun sales at gun shows throughout the state.

Among the shows investigators visited during the investigation was one in Alexander on June 19.

Attorney General Eric T. Schneiderman initiated the sting operation to look for people willing to sell guns without the required background check.

According to officials, investigators explicity stated they needed a gun but could not pass a background check.

From the press release:

"The illegal sale of guns at gun shows endangers the public by giving felons, terrorists and the dangerously mentally ill an open and anonymous marketplace to buy guns without a background check. Our investigators found a blatant disregard for the law where sellers made the conscious decision to sell deadly weapons to individuals who admitted they would not pass a background check," said Attorney General Schneiderman.

"Operation Background Bust not only exposed major flaws in the gun show laws but also proved how ‘off the books’ operations jeopardize public safety by making it easy for guns to fall into the wrong hands. In addition to filing criminal charges against the sellers, and demanding that the gun show operators cease and desist from engaging in illegal practices, my office plans to work with the legislature to hold gun show operators liable when guns are sold at their gun shows without the required background check."

Click here for the full press release from the AG's office.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate 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 five weeks of yoga, five classes for $30.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate 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 $10 gift certificate for $5.

Delavan's, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Greg'ry's Bakery, NEW TODAY! 13 North Lake Road, Bergen, NY: The bakery offers a variety of the finest cakes, cookies, pies, cupcakes, breads, breakfast and lunch sandwiches and so much more. Each treat is made the same as it has been for decades and baked right here. Come in and sample some for yourself! We have a $20 gift certificate for $10.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Rancho Viejo, 12 Ellicott St., Batavia, NY: Traditional Mexican cuisine, from tacos and burritos to pollo norteno, Rancho Viejo brings a bit of "south of the border" to Batavia's restaurant scene. We have a $20 gift card for $10.

Salsa & Curry, 13 Jackson St., Batavia, NY: An authentic Mexican restaurant, offering all of your favorite dishes from enchiladas and burritos to tacos and fajitas, as well as daily Indian food specials. We have a $20 gift card for $10.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. We have a $20 gift certificate for $10.

T.F. Brown's, 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 certificate for $10.

SOLD OUT

Note: if you've never purchased Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Joshua Jones, 20, of Sanders Road, Stafford, is charged with leaving the scene of a property damage accident. Jones is accused of his truck hitting a vacuum pump at a car wash on Pearl Street and then driving off. Jones turned himself in to Batavia PD after seeing a picture of his truck on The Batavian. Officer James DeFreze said Jones contacted him a very short time after the picture was posted and said he didn't know he had struck anything. "He was very cooperative," DeFreze said.

Michael David Pacer, 24, of Lake Street, Le Roy, is charged with felony DWI and driving with a BAC of .08 or greater. Pacer was arrested at 2:31 a.m., Thursday, by Deputy John Weis following an investigation into a report of a car parked on Sweetland Road, Stafford.

Mark and Tammy Schmidt figured they needed a little time to hone their coffee making and smooth mixing skills before dealing with a big crowd of customers.

The six weeks they took honing their craft paid off Wednesday when hundreds of people showed up at the Richmond Memorial Library for the grand opening of Best Sellers Cafe.

The coffee shop is the result of a survey of library patrons who made a little coffee shop their number one request.

The Schmidts were able to open their new business after winning the request for proposal process and then working with the library to carve out an appropriate place among the stacks.

"My wife has wanted to run a coffee shop since before Angel's Café was in town many, many years ago, and when this came along she tought we better jump on it," Mark Schmidt said.

With an a cappella choir singing in the background, a crush of customers at the counter and blenders whirring nearby, Schmidt explained that the library's 600 daily patrols provide a good, solid business base, he and Tammy will be looking for ways to attract people to the library, and Best Sellers, who might not otherwise stop in the library.

A CSX train stopped in Corfu after a conductor complained of tingling in his arm and his face.

Corfu Fire Department and Mercy EMS responded. The conductor is being taken to a waiting ambulance. He will be transported to an area hospital for evaluation.

The Town of Batavia is set to award a $300,000 grant to Genesee Economic Development Center for further infrastructure development at the Genesee Valley Agri-Business Park.

The town board approved a resolution in a special meeting Wednesday night setting a public hearing for 7 p.m., Dec. 21, which is a precursor to formerly approving the grant.

The funds will be used to construct a water line for the park. 

Part of the funds, $100,000, were granted to GCEDC in January 2010 for construction of electric transmission lines, but those funds have not be spent, so GCEDC requested that the $100,000 be combined with another $200,000 for the water line project.

"Without infrastructure, we cannot continue to attract business to that park," Supervisor Greg Post said. "It gets us and our partners in a much better position for that construction. I don't think anybody anticipated how quickly this project (Project Wave, or the possible PepsiCo yogurt plant) has moved forward. I am happy to be in this position to utilize money like this."

Amid the honking of geese and the feeder chuckle of hungry mallards, a dozen tundra swans were clustered together on the low ground of the massive grain field. Unlike the ducks and geese, the swans were silent, content to rest, preen and forage in the murky field runoff.

Given a choice, I would have preferred to capture the swans flying in formation against a backdrop of blue sky. Unfortunately the sky was overcast and the swans were already on the ground. Beggars can't be choosers.

Normally I would have been happy to hunker down and watch the ducks and geese. Myriad waterfowl were dropping out of the sky nearly nonstop to feed in 80 acres of recently cut corn. There's something graceful in the method ducks and geese employ on their descent, the symmetry in their cupped wings, tipping slightly one way then the other while zeroing in on a potential feast -- especially when arriving in such large numbers. 

On this day it was the swans which had piqued my interest and while I considered the opportunity a sheer bonus, I had no way of knowing the situation would soon take an interesting turn, courtesy of one furry predator. 

I had been watching this pair of swooners for several minutes when off in the distance I noticed an orange blur of movement moving rapidly along the ground. It was a red fox, slinking its way through the cut corn, moving in for what appeared to be an easy meal among the hundreds of waterfowl ... all the fox had to do was select a target.

Naturally, I figured one or more of the feathered critters would sound the alarm, thus causing a mass exodus of both ducks and geese. I readied the camera, hoping to get a photo of the southeast horizon as it turned black with hundreds of panicked waterfowl. But things didn't turn out exactly as I expected.

The fox alternately skulked and scurried through the cut corn, paying no mind to the ducks and geese. The geese, in turn, paid no mind to the red fox slipping through their midst. In fact, there wasn't the slightest sense of urgency, no rise in the crescendo of their two-tone honking as is usually the case in times of apparent danger. Instead the geese merely raised their heads to keep an eye on the intruder. 

Not as confident as the geese, the ducks took wing and circled the field several times before alighting farther away.

With geese on every side, the fox crept forward. He appeared to be focused solely on the swans. I couldn't help but wonder what caused this obviously healthy and robust-looking red fox to pass up an easy meal. Was it curiosity?

After all, tundra swans do pass through, but they are not something we (or a red fox) see every day. On the other hand, when confronted, a lone goose can and will give a good account of itself, inflicting damage with its wings. And the fox was certainly outnumbered. Maybe he thought the guys in white were easy!

The fox came to a stop at the water's edge. There he simply stared at his intended quarry, sizing them up for several moments. Either he didn't want to get his feet wet or he realized the swans were considerably larger than the geese -- and perhaps more formidable.

Eventually the fox left and judging from its exit, it either winded me or spotted me. It turned tail and fled, darting through the corn the same way it came, putting to flight two or three geese that happened to be in its path. By that time on a dead run, the fox still paid no mind to the honkers, instead high-tailing it toward the distant woodlot from whence it came.

A two-car injury accident is reported on Veterans Memorial Drive near the Home Depot. One driver is complaining of back pain and has a history of back problems. Batavia Fire Department and Mercy medics are responding.

UPDATE 7 p.m.: A responder on scene reports the cars are blocking traffic.

Press release:

Assemblyman Steve Hawley (R, I, C – Batavia) is encouraging family and friends of Vietnam veterans to submit photos of their loved ones to The Education Center, which is being constructed in Washington, D.C.

The facility will feature photos of veterans whose names appear on the Vietnam Veterans Memorial Wall, attaching a face and story to the names of the courageous heroes that make up the wall.

“We must all do our part to tell the tale of each and every brave soul whose name is featured on the Vietnam Veterans Memorial Wall so that future generations can honor and appreciate their sacrifice,” Hawley said.

“The Education Center being built in Washington will serve as both an informational and somber tribute to our Vietnam veterans and their place as heroes in American history. With so many courageous soldiers hailing from Western New York, I know our community and region will be well represented when The Education Center opens its doors.”

For more information about The Education Center, please visit http://buildthecenter.org/, or contact the Vietnam Veterans Memorial Fund at (202) 393-0090.

A disabled vehicle is obstructing the flow of traffic at Bank and North streets in the city. FYI...

We got about 20 minutes of heavy, blowing snow in Downtown Batavia this afternoon. There is no visible accumulation, but it looked like a good amount blowing through the sky. The forecast for the rest of the day is no more than 20-percent chance of precipitation. It should be sunny tomorrow.

Cody Alan Bush, 26, of Oak Orchard Road, Batavia, is charged with petit larceny. Bush is accused of shoplifting $56.50 worth of merchandise from Walmart.

We don't get enough fog in Batavia. Fog creates great opportunities for light and shadow and atmosphere, which photographers love. After leaving Genesee Community College this evening, I decided I really need to take some time to have some fun with fog.

Besides the GCC picture above, we have a picture of Masse Gateway and the Upton Monument.

Jim and Tracy Rodemeyer remember their son's smile.

"He was developing such a sarcastic nature," said Tracy when asked about a memory of their 14-year-old son who took his own life after prolonged bullying from classmates. "He was becoming so funny. His smile. If we could just see his smile one more time."

The Rodemeyers were at Genesee Community College on Tuesday night to take part in a panel discussion about bullying.

The forum was sponsored by the Gay/Straight Alliance and The Christian Students Alliance.

"Bullying hurts everyone," said Candice Faulring, the faculty member who helped organize the event (pictured below). "The GSA and the CSU may disagree on a lot, but we realize that some issues are much bigger than our individual points of view and require that we take action and find solutions together."

Prior to the event, students were asked to write on pieces of paper hateful things that have been said to them and the answers ranged from "You're a stupid dyke." to "Only idiots believe in God."

It's the same sort of torture Jamey Rodemeyer faced in the months and years leading up to his suicide and it's the kind of cruelty that's got to stop, even if it takes tougher laws to punish bullies, the Rodemeyers said.

They're planning on approaching their Albany representatives to discuss tougher anti-bullying and harassment laws. But meanwhile, they said, everybody has a role in helping to stop bullying, from parents who need to help their children with self-esteem to the police who investigate the crimes.

"You've got to be a pain (if you're a parent)," said Jim Rodemeyer. "Complain. Don't let it go. Don't pass it off. You've got to complain and make a fuss. If you don't, you might wind up in our situation."

"There's got to be a stop to this," Tracy added. "These kids need to realize that they have a right to be on this planet as much as the person next to them, even if they're different, because everybody is different in their own way."