A federal complaint was filed in Buffalo last week against a Batavia man accused of sharing pictures online in a chatroom depicting naked young girls in revealing positions.

A federal agent was monitoring the chatroom as an administrator on the two occasions when the Batavia man allegedly entered the discussion area.

Samuel W. Nigro, of 145 Trumbull Parkway, is accused of violating Title 18, United States Code, Section 2256(8), which deals with interstate commerce and using both physical and digital means to share material depicting minors in a sexual way across state lines.

According to an affidavit filed by Investigator Matthew R. Meyer of Immigration and Customs Enforcement, Nigro entered chatrooms at free6.com and shared files with another user.

Meyer reports searching Nigro's home on Dec. 9 and seizing two computers, an external hard drive and thumb drives.

There were explicit video files involving prepubescent girls on the devices, according to Meyer, but no charges were listed in the complaint for items found on the devices.

As an administrator, Meyer was able to obtain the IP address for the users, and after Time Warner responded to a subpoena, it was determined that the IP address of one of the users was linked to a subscriber at the Trumbull Parkway residence.

The alleged chats took place on May 21 and June 17.

Free6.com is registered to a man in Sweden, Stefan Sederholm, according to the domain registration company Go Daddy, but the domain has been suspended for "Spam and Abuse."

Two cars apparently collided when leaving the tollbooth at the Batavia exit of the Thruway.

Initially, there were injuries reported, but a first responder reports he doesn't believe there are injuries.

There is a fluid leak.

Town of Batavia Fire and Mercy EMS are responding.

It's Friday, and it's a big night out for the Batavia Blue Devils.

Buddy Brasky's team plays a semi-final state championship tournament game at 8:30 p.m. in Glens Falls.

If the Blue Devils beat Section 3 champion Westhill (20-2), Batavia (20-3) will play for the Class B state championship on Saturday at 9 p.m.

Tonight's game will be broadcast live on WBTA.

Should the Blue Devils advance, The Batavian will cover the championship game on Saturday. T.F. Brown's is sponsoring the coverage (we can accept two more sponsors to help cover the cost of our trip, so if any businesses want to be a sponsor, let me know today).

Robert Michael Price, 25, of 693 E. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and criminal mischief, 4th. Price allegedly drove to a friend's house and broke the window at a little after midnight today. Deputy Frank Bordonaro arrested Price on the additional charge of DWI.

Matthew J. Klink, 38, of Albion, is charged with DWI and driving with a BAC of .08 or greater. Klink was stopped by state police at 12:28 a.m., Thursday, on Route 77 in Alabama. No further details released.

Anthony W. Johnson, 54, of Buffalo, is charged with DWI. Johnson was arrested by state police at 11:43 p.m., Wednesday following an accident on the Thruway at mile marker 383.8, Town of Stafford. Erin M. Vecio, 33, of Pittsford, was reported as the driver of the other vehicle. One person was reported injured in the accident. No further details were released.

Accidents from the state police blotter:

5:18 p.m., March 18, Thruway, mile marker 396.6, Pembroke, two vehicles; Driver 1: Elvira R. Alexander, 33, of Renselaer; Driver 2: hit-and-run suspect. No injuries reported.

The Batavia City Council will have a full agenda when it meets at 7 p.m., Monday, at City Hall.

• The council will be asked to act on awarding a contract for removal of liquid lime sludge from the water treatment facility to A.D. Call and Sons.
• Up for review are a number of requirements related to receiving Community Development Block Grants for neighborhood improvement efforts.
• A request to seek qualified consultants to help with the city's strategic planning.
• Councilwoman Rose Mary Christian has asked for a discussion about proposing legislation regarding the residential location of sex offenders.
• Councilman Sam Barone has asked for a discussion on compliance letters for code violations and local representation of out-of-state landlords.
• The public items on the agenda are then followed by a closed session for a personnel matter and union negotiations.

The Le Roy Police Department and Crime Stoppers are offering a $1,000 reward for information leading to the arrest and conviction of a man who robbed a Rite Aid of pharmaceutical drugs on March 5.

The reward is funded by Purdue Pharam, with operates a program aimed at teaming pharmacists and law enforcement to combat pharmacy thefts.

Anyone with information about the robbery or the suspect is asked to call the Crime Stoppers Hotline at (888) 4RxTIPS or (888-479-8477).

Tips are confidential.

The suspect is described as as a white male, approximately 5'7", and he wore a yellow-hooded sweatshirt, blue jeans and a mask.

The suspect allegedly entered the Rite Aid Pharmacy, 151 W. Main St., Le Roy, at 8:55 p.m., March 5, and implied he had a gun and demanded prescription medicines. The suspect then fled through the front door with an undetermined amount of medicine.

Additional charges, including federal charges, have been filed against two men suspected in meth lab operations in Batavia and Le Roy.

One of the men was not previously named as a suspect in recent meth lab raids.

Warren T. Cotton, 33, of 335 Bank St., Batavia, faces federal  charges of manufacturing, possessing with intent to distribute, and distributing a mixture or substance containing a detectable amount of methamphetamine. He's already named as a suspect in the alleged discovery of a meth lab at 13 Ross St. on Feb. 24.

At the state level, Cotton is also charged with criminal possession of a controlled substance, 2nd.

Matthew Long, 20, of 24 W. Main St., Le Roy, is charged with manufacturing, possessing with intent to distribute, and distributing a mixture or substance containing a detectable amount of methamphetamine, in violation of federal law.

Long was not previously named as a suspect in either the 13 Bank St. raid or the alleged discovery on Dec. 10 of a meth lab at 28 Clay St., Le Roy.

Two men arrested on minor charges following the discovery of an alleged meth lab in Le Roy on March 2nd now face more serious federal charges.

The duo were arraigned in a Buffalo Federal court on Wednesday.

Both were charged with knowingly and intentionally and unlawfully possessing with intent to distribute a mixture and substance containing a detectable amount of methamphetamine.

The suspects are Christopher L. Williams, 31, of 8 Erie St., Le Roy, and Nicholas P. Sadwick, 23, of 345 Sandybrook Drive, Le Roy.

Both men have also been charged under state law with criminal possession of a controlled substance, 2nd.

The Sheriff's Office press release also carried this disclaimer: "The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty."

Mugs: Williams, top; Sadwick, lower.

When it comes to American families and financial planning, perception is not reality. Although they are overwhelmingly optimistic about their financial future, their financial planning habits paint quite a different picture, according to a recent study commissioned by State Farm Life Insurance Companies and conducted by KRC Research.

The study reports that although 82 percent of Americans are optimistic about their financial futures, American families in reality are not adequately saving or protecting their finances.

From saving habits and financial goals to life insurance coverage and retirement saving tools, American families have room to grow when it comes to protecting their financial futures. Americans cannot just “hope for the best”; they must take a critical look at where they are financially and lay out a clear roadmap that guides them to their hopes and dreams.

Key highlights from the study show the gap between perception and reality:

Savings habits
    Perception: Most Americans (82 percent) are optimistic about their financial futures.
    Reality: Nearly four in 10, more than 77 million Americans, say that they live paycheck to paycheck and are not able to put money into savings.

Life insurance
    Perception: More than seven in 10 Americans are confident that they have enough life insurance.
    Reality: Only 12 percent of Americans report having the industry recommended coverage of seven or more times the family’s annual income.

Retirement savings
    Perception: The majority of Americans (58 percent) are not worried about outliving their retirement savings.
    Reality: Many Americans are not utilizing a full range of retirement tools. Social Security is the most prominent source of retirement income over other retirement savings tools, with a fifth of Americans reporting that it is their only or main source of retirement income.

The sooner you start planning for your future, the better off you’ll be. Small investments made early can make a big difference in your financial health later in life. Don’t put off planning for your future.   

The degree of cooperation between Batavia Police investigators and New York State parole officers during the investigation into an alleged arson last year could determine what evidence can be used at trial against Andre Scott, accused of attempted murder.

In a hearing that was broken up over three different sessions in a three-week span, defense attorney Thomas Burns probed whether state parole officers based in Rochester merely did what they were supposed to do in supervising Scott, or collaborated with Batavia investigators to obtain evidence improperly.

The 6' 8" Scott, who appeared in court Thursday sporting a big, ill-kept '70s style Afro, is charged with arson, attempted murder and burglary. He is in jail awaiting trial.

Burns focused most of his questioning of Det. Chuck Dudek and Parole Officer Chris Van Schaick on when and how Batavia police obtained custody of Scott's mobile phones, the reason and nature of parole officers obtaining a saliva-based drug test and whether Batavia officers incorrectly participated in a search of either Scott's car or his home.

Since Scott was on parole -- starting in 2007 on a unlawful possession of a weapon conviction -- Scott is required to comply with search requests and submit to drug and alcohol tests from parole officers. He isn't required to be as cooperative with agents of other law enforcement units.

Scott is accused of trying to set fire to an apartment in Batavia on Jan. 24, 2009. Batavia investigators quickly identified Scott as a suspect and went to Rochester in an attempt to question him. When they failed to make contact, they called Van Schaick and asked for his help in locating Scott.

After an initial meeting at the parole office in Rochester, two Batavia detectives and three parole officers staked out Scott's apartment.

Scott, who had a 9 p.m. curfew, arrived at the complex at 8:50 p.m., but parked in a lot next door to his complex.

The Batavia detectives, along with a parole officer, stopped Scott and the parole officer immediately handcuffed him, apparently, because of a concern that he might be carrying a weapon.

Parole officers then searched Scott's car and obtained one of his cell phones.

At Thursday's portion of the hearing, Scott took the stand, and said Dudek asked to search his car and Scott said no. Dudek then obtained a key from one of the parole officers and attempted to open the car. After the car was finally opened, Dudek removed Scott's mobile phone and then began pushing buttons -- which Scott said he knew, because he hadn't had time to terminate his previous phone call and his Bluetooth ear piece was still activated.

Dudek denied that sequence of events. He said Det. Patrick Corona accidentally locked Scott's car after Scott was in custody, felt it was his mistake and asked Dudek to help get the car unlocked again. But once it was unlocked, Dudek said he returned to the vehicle where Scott was being held and took no part in the search, except to help remove the spare tire.

Once back at the parole office, Scott was asked to submit to an alcohol screening and drug test.

Scott admitted on the stand Thursday that he had been drinking on Jan. 25, in violation of his parole terms. He also said that during his nearly two years on parole he had been asked to submit to drug tests about 20 times. Each time, he said, the test was a urine sample.

This time, Scott was asked to submit to a mouth swab.

Prior to the alcohol screening, Van Schaick said during his testimony on Thursday that Dudek asked for the mouth swab after the screening.

Van Schaick said he asked Dudek, "You're looking for DNA?" Dudek said he was. "This," Van Schaick said, meaning the mouth swab, "would be better than the tube."

Dudek's version of that exchange didn't include an explicit mention of a search for a DNA sample.

At the end of the hearing Thursday, Judge Robert Noonan, during the process of selecting a trial date, said to District Attorney Lawrence Friedman, "Based on the evidence I've heard, I gather that if the defense wins its motion, it would not be terminal to the prosecution?"

Friedman agreed it would not be terminal to his case against Scott.

Noonan won't rule on the defense motion to suppress the disputed evidence until after receiving written briefs from both the defense and the prosecution.

A trial date was set for Aug. 23, with a provision that if a week (the trial could take up to five days) opens on the court calendar before then, the trial date would be moved up.

Scott has until June 30 to accept any potential plea agreement, otherwise the case will go to trial.

Daily News staff writer Tom Rivers is now famous in Albany, if that's anything to brag about.

Thursday, Assemblyman Steve Hawley delivered copies of Tom's book, "Farm Hands," to every member of the State Legislature.

From a statement from Hawley's office:

As a former farmer and president of the Genesee County Farm Bureau, the assemblyman knows how important the farming industry is to New York State. It is the assemblyman’s hope that this book will create greater awareness of the importance of the agriculture industry and how damaging the passage of the Farmworkers Omnibus Labor Standards Bill (also known as the “Farm Death Bill”), a proposal that would impose expensive labor mandates, could be to farmers.

A "rather large fire" has been reported in the area of Merriman and Cook roads in Byron.

Byron Fire has responded and Elba Fire is providing mutual aide. It's unclear at this time what type of fire it is.

UPDATE 8:51 p.m.: The property owner has been located and he said this is a controlled burn. There is still some concern that some piles are burning close to a wooded area.  Firefighters continue to respond.

UPDATE 10:14 p.m.: This remains a working incident.

UPDATE 10:41 p.m.: Bryon chief just said, "let's pack up and go home."

View Larger Map

A motorcyclist has reportedly been struck by a car at the intersection of Ellicott and Otis streets, Batavia.

City Fire and Mercy EMS are responding.

Two men with faces covered by white towels or bandannas forced their way into a home at 20 Vine St. at 5 a.m. and demanded drugs.

The intruders threatened the use of guns but did not display a weapon.

One of the three residents at home at the time fought back and one of the suspects, a black man, may have suffered cuts on his face and nose.

The second suspect is a white man.

Investigators do not believe the home was selected at random.  The suspects fled the scene in a northerly direction.

Anyone with information is asked to call the Batavia Police Department at 585-345-6350 or the Batavia Police Department’s Confidential Tip Line at 585-345-6370. Information can also be left via the Suspicious Activity Reporting link at the Batavia Police Department’s web site.

Televisions and cameras surround the action, and music thumps out of the huge speakers. People saunter by in black leather and chains, brandishing signs and video cameras. Has Judas Priest come to town? No, it's the Batavia Players' 'Shakespeare in Springtime' production of Richard III this weekend at Batavia High School. 

"It's very contemporary," says director Jane Burk. "The show goes to a very dark place, and I wanted to take advantage of that."

The show is very dark, indeed. It follows Richard, the younger brother of King Edward IV of England, and his plot to become king -- even if it means killing whoever gets in his way. 

"The play is called 'The Tragedy of Richard III' but it is not actually a true Shakespeare tragedy," Burk explains. "It was part of a series he wrote about that specific time period in English history. It's a historical play."

"[Richard III is] pretty much a guy who's really upset because he's deformed physically, and his family has rejected him," says Anthony Giambrone of his title role, which has the second-largest number of lines of any Shakespearean character. "He basically wants to become king to make people love him."

Aside from the setting and costumes, there is another unexpected twist to the show: the performance takes place behind the curtains, in the center of a ring of chairs on stage. The audience members will be sitting in these chairs, only feet away from the action, mimicking the feel of a black-box theater.

"The Batavia Players are in the process of building a black-box theater, and we had originally hoped that this would be the first show performed there," says Burk. "So when we began rehearsals, we blocked everything in this style. Once we found out that we were going to be performing here at Batavia High instead, we decided we still wanted to keep the intimacy of a black box and not just do it straight out to the audience."

"I think it's really, really cool," says Giambrone, who has previously performed in a black-box setup. "But it's a lot harder because you have the people right there in front of you, watching you really closely." 

"It's the first show I've done like this, so it's been a challenge," says Rachel Oshlag, who has the role of Queen Elizabeth. 

Although Oshlag may be inexperienced when it comes to the setup of the stage, she is no stranger to the stage itself. This is her seventh Shakespeare show, and her twenty-first year of doing theater. 

"It becomes easier each year," she says of performing Shakespeare, "but each show is its own challenge. You have to be careful how you say the lines and make it sound as close to (real) people speaking as possible." 

"Shakespeare is poetry. There's a rhythm to it that helps a lot," says Jesse Conklin, who plays Buckingham, one of Richard's right-hand men. This is Conklin's fifth 'Shakespeare in Springtime' production.

James Earl, an Elba High School senior portraying Lord William Hastings, says that for him, the highlight of the show hasn't been the costumes or the dialogue. 

"The best part about it is that I get beheaded, and then I come on carrying my head later.  The head is a cabbage in a bag," laughs Earl. "It's a lot of fun."

Performances of Richard III are Thursday, Friday and Saturday at 7:30 p.m. at BHS.  Tickets can be purchased online at www.bataviaplayers.org or at the door, and are $10 general admission and $8 for students and seniors.

County Legislator Charles Zambito is about to become the new county attorney, and Bergen Village Trustee Robert Bausch will be appointed to replace him in District 2.

The Zambito and Bausch appointments were approved unanimously yesterday by the Ways and Means Committee and will be placed on next Wednesday's agenda for the full Legislature to vote on.

Hollis Upson chaired the Ways and Means Committee meeting yesterday (normally Zambito's position) and praised both his fellow legislator and the incoming local lawmaker.

On Zambito: "He was rather heartily endorsed as a candidate who knows the county’s business intimately and he is good to work with, so we’re looking forward to it. We expect no bumps and lots of continuity in the service."

On Bausch:  "He has a long history of community service. Quite impressive. Very dedicated public servant in private, non-profits and many boards over the years, so we think he will be a great addition to the Legislature."

Bausch spoke with The Batavian's news partner WBTA and said he's looking forward to the job and took it with the idea that it is at least a four-year commitment, not just something he is going to do for a year and then step aside.

"Primarily, the major issue I see with the county is the nursing home. It is the cash-flow issue because they do not have a normal financial plan for the people at the county nursing home."

He said his range of experience with various groups and boards will be a benefit in his new role.

"That really helps mature a person for a position like this because you understand there are two sides to a story, you’ve just got to understand where everybody is coming from," he said.

Zambito will take over from John Rizzo, who is retiring and taking a job with an area bank, on April 5.

David J. Swartz, 49, of 313 Washington Ave., Batavia, is charged with petit larceny and trespass. Swartz was reportedly found on CSX Railroad property Wortendyke Road in the Town of Batavia. Sheriff's deputies and a CSX Railroad police officer responded to the area at 9:30 p.m., Tuesday, after receiving a report of a suspicious vehicle. Swartz was allegedly stealing items from CSX.

Joshua S. Bettilyon, 22, of 26 Maple St., Apt. A, Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Bettilyon was stopped by Deputy Chad Minuto in the Village of Oakfield at 8:45 p.m., Wednesday, for allegedly speeding.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 each.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

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. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY:  Spring colors aren't quite yet here, unless you go to The Enchanted Florist! Brighten up your home or office today. We have a $20 gift certificate for $9.50.

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

SOLD OUT