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'Shaken baby' defendant pleads guilty to attempted assault

By Howard B. Owens

A Batavia man accused of shaking a baby and hitting the infant's head on a hard surface, pled guilty this afternoon to one count of attempted assault in the 1st degree.

Dietrich Williams faces a sentence of three-and-a-half  to 15 years in prison, said District Attorney Lawrence Friedman, as part of a plea agreement.

Williams was charged with assault in the 1st degree and reckless endangerment of a child.

"Rather than take a chance on the more serious charge, we decided to get a plea on the Class C violent felony and give the judge the latitude to sentence him up to 15 years," Friedman said.

The higher class felony carried a maximum sentence of 25 years.

The baby is doing much better, according to the mother, who recently e-mailed The Batavian about the child's condition.

Two Elba bank robbers sent to state prison for their violent crime

By Howard B. Owens

Judge Robert Noonan said he still doesn't understand why Dennis M. Abrams decided to rob a bank in Elba on June 18, but even with the defendant's "Boy Scout" background, the violent nature of the crime compelled the judge to impose a serious prison sentence.

Abarams can expect to be separated from his wife and newborn baby in state prison for up to 13-and-a-half years.

When Noonan imposed sentence, a young woman sitting in the fourth row of the courtroom burst into tears, moaned, "thirteen and a half years," jumped from her seat and rushed toward the hallway doors.

As with the sentencing of accomplice Michael J. Wells 11 days ago, two former M&T employees spoke in court about the trauma of the bank robbery and how the events changed their lives.

"I would like Mr. Abrams to close his eyes and imagine what it would be like if his wife or his mother were on the floor with a gun to her head," said Patty Hackett, who was working as a teller the day of the robbery.

Both Hackett and former branch manager Theresa Claybourn read statements similar to their Dec. 10 testimony at the Wells sentencing (for audio of those statements, click here). And both had messages directly addressing Abarams and co-defendant Damone Dillon, who was also sentenced today.

Dillon, who acted as a lookout for Abrams and Wells, received the maximum term under his plea agreement, 10 years.

While Dillon had a prior criminal convection for dealing drugs, Abrams entered the Elba bank branch in June with a spotless record. According to his attorney, Daniel M. Killelea, Abrams was literally a Boy Scout, even while growing up in Buffalo's rough East Side.

"For lack of a better term," Killelea said, "he was a nerd."

"Dennis should not have come anywhere near anything like this in his life," Killelea said. "This was not a person heading down the road of committing a violent criminal offense. This is somebody who was held out as a person of achievement in his community."

At one time, Abrams was on track to become a cop in Atlanta, until a hiring freeze derailed his plans. Meanwhile, he took a job in a collections agency, which is where he met his wife. Together, they earned more than $150,000 a year. At the time he entered the Elba M&T Bank branch, Abrams had $2,000 in cash in his pocket.

Yet, Abrams conceived of the robbery, convinced his buddies to join him, carried his own registered handgun, drove his car from Buffalo to Elba, switched license plates on the car and drove himself , Wells and Dillon to the bank. After the robbery, he drove during the getaway attempt. At best, for his part in the actual robbery, he came in waving his loaded gun "Rambo style" (as Patty Hackett put it) and at worst, he held that same gun to Hackett's head (Killelea suggested that it was Wells who held a pellet gun to Hackett's head, not Abrams).

"Judge," said Killelea, "this is somebody who was so naïve of the process, so unsophisticated, that I've asked and I know we've discussed (motioning toward District Attorney Lawrence Friedman), why, if he needed money, didn't he simply just embezzle from his employer, a collection agency?

"The simplest explanation I can think of is that there is no movie or TV show about somebody embezzling from an office like that. He must have gotten the idea from movies or television, and he didn't associate with people doing that sort of thing."

Before imposing sentence, Judge Noonan spoke at some length about how puzzled he remains about this case.

"This case reaches out to hyperbole to say that this may go down as the most puzzling case I've ever heard," Noonan said. "I can't find anything about you that wouldn't say that you would not have been voted in high school the person least likely to rob a bank."

Noonan said he will probably wonder for years about why Abrams decided to violently rob a bank.

For their part, both Abrams and Dillon turned to Hackett and Claybourn and said they apologized.

Dillon, sentenced first without Abrams in the room, made near a full turn toward the first row of the courtroom and seemed to look both Hacket and Claybourn in the eyes when he spoke.

"I did wrong," Dillon said. "I apologize. I'm sorry that happened to you all. I wish I could take it all back. I can't, so all I can say is I'm sorry."

His contrite body language, however, turned to visible agitation when Noonan pronounced his maximum available sentence. Dillon immediately folded his arms tightly and his facial expression was tense.

When Abrams was asked to speak, he never fully turned toward the first row, and would look away occasionally.

"I'm sorry. I honestly had no intention of hurting anyone," Abrams said. "I'm sorry once again for causing this stressful...I'm sorry from the bottom of my heart. I didn't mean to put you through anything like that."

After court, his uncle, John Abrams, who works in law enforcement in the City of Buffalo, said the entire Abrams family feels remorseful for what the bank employees went through that day.

"Our family is very remorseful," John Abrams said. "We hope they can get on with their lives. As a family, we are very remorseful that it happened."

Abrams added that Dennis is also remorseful and has fully cooperated with law enforcement since his arrest.

"We still support him as we always have as a family," Abrams said. "And we want to thank the judge for giving him a chance to express his remorse."

Claybourn and Hackett left the courtroom through another exit and were not available for comment following the sentencing.

Toys for Kids brought joy and more on Sunday

By Amy Weidner

Families arrived yesterday at the Batavia YMCA around noon to kick things off at the annual Toys for Kids Christmas event. The children played together in the gym while parents snuck away to receive some secret extra gifts. Up on the third floor, a room was filled with large, black garbage bags discretely holding toys for Christmas morning.

Pictured above are five children with Don Carroll and Santa Claus. From left to right, Luvena Wagner, age 3, Giovanni Smart, 5, Bianca Jackson, 9, and Blayke Jackson. In front is Lillian Smart, age 3.

Luvena's mother, Christina Wagner, especially appreciates the event in these tough financial times.

"One of my friends was telling me about it," she said. "Her mom was helping with it and she knows that I don't have a job right now. She knew I didn't have much money, so they invited me."

Saturday's shopping spree played out just as event coordinator, Don Carroll, had planned. This year, Carroll raised money and purchased over $7,000 worth of gifts for 120 lucky children. When I asked him what makes this charity event so successful, he gave credit to the fact that it is something he puts effort into all year long.

"What separates what I do from a lot of other places is that they wait until it's time for the holidays," he said. "That's probably why they don't raise as much money. I'm going to be collecting donations again in a couple weeks and it's going to be all the way until this time next year."

Volunteer Lori Wendt says clear organization is also key to event's success.

"A few weeks ago, parents were asked to submit a list of items their kids wanted for Christmas," Wendt said. "That way, Don and the other volunteers would know what to get them. It was so organized.

"We all got our lists with a couple families, and my husband and I went around picking up the gifts. It was fun, and it was fun to know that kids would get what they want."

After playing in the gym, all of the children came up to the room on the third floor where they were served a lunch of pizza, soda pop and holiday cookies.

Good old Saint Nick made an appearance at 1 o'clock when he made his way around the room to have a word with each and every child. The kids were excited to see him and couldn't wait for their moment to talk with him.

After having a turn speaking with each of the children, it was time for Santa Claus to hand out some gifts. (But first, he helped this little girl with her boot laces.)

Each child received one gift at the event. Four lucky kids received iPods as a special gift from the Sheriff's Department.

Look for donation jars and other events throughout the year that sponsor the Toys for Kids charity to support the cause next year.

Border Patrol says it notified local law enforcement of alleged illegal border crossing

By Howard B. Owens

The driver who crossed into the U.S. from Canada on Saturday morning simply did not stop at the border crossing, a U.S. Border Patrol spokesman said today.

Border Patrol agents and other law enforcement agencies in the border region were immediately notified of the 6:30 a.m. border crossing and a description of the car was transmitted to patrols. 

"We made an attempt to locate (the car)," said Kevin Corsaro. "She took a road we didn't take."

It wasn't until 7:45 a.m., when a Genesee County Sheriff's deputy clocked a car allegedly speeding at 90 mph on Route 5 in Le Roy, that U.S. law enforcement found the possible suspect vehicle.

That interception started a high-speed chase that involved a half-dozen law enforcement agencies and passed through Downtown Batavia and the Village of Albion before the driver lost control of her car on Route 18.

It wasn't until after the crash, according to Sheriff Gary Maha, that his office became aware of the alleged illegal border crossing and that the car his deputies just spent 15 minutes chasing, matched the description of the suspect vehicle.

Deputy J.L. Baiocco didn't know, according to Maha, that a car had zipped through the border without stopping or that the car he observed allegedly driving erratically on Route 5 might be driven by a suspect who allegedly entered the country illegally.

Lt. Eugene Jankowski of the Batavia Police Department also told us Saturday morning that the police department received no notification of an alleged illegal border crossing and that a suspect was on the loose somewhere in Western New York.

Corsaro was adamant, however, that standard procedures were followed and that all law enforcement agencies in the region were duly notified and that a description of the suspect vehicle was distributed to area law enforcement.

Corsaro was also careful to note that the woman who was eventually arrested at the end of a chase that exceeded 100 mph at times may not be the same driver who crashed through the border.

"We have not had a chance to interview her yet," Corsaro said. "She's still in the hospital."

In fact, Crystal Pinnock, 23, of Ontario, Canada, the suspect driver, is listed in satisfactory condition at Strong Memorial Hospital.

Previously:

Sentencing in Elba Robbery

By Howard B. Owens

Demone Dillon, who acted as a look out in a robbery of the M&T Bank in Elba, received a 10-year sentence this morning, the maximum sentence available to Judge Robert Noonan under terms of a plea deal made earlier.

Dennis Abrams, who planned the robbery, is entering the court now for sentencing.

UPDATE: Abrams receives 13-and-a-half years in state prison.

UPDATE: Full coverage posted here.

Police Beat: Le Roy man accused of writing $1K in checks on closed account

By Howard B. Owens

Aaron L. Heale, 28, of 8 School St., south apartment, is charged with grand larceny in the 4th degree and one count of criminal possession of a controlled substance. Heale is accused of purchasing more than $1,000 in merchandise from a local store using checks from a bank account that had been closed for years. The investigation by Le Roy Police Detective John Condidorio began in November 2009. On Dec. 16, Det. Condidorio -- along with members of the Le Roy Police Department, the Genesee County Sheriff's office and the Genesee County Local Drug Enforcement Task Force -- executed a search warrant on Heale's apartment. Heale was not present at the time. Condidorio reports that during the search, evidence of the alleged grand larceny was found along with drug paraphernalia. Heale was located on Dec. 20 at a residence in the village and arrested. He was jailed on $1,500 bail.

Linda L. Snyder, 27, of 6 Lewis Place, Batavia, is charged with disorderly conduct and endangering the welfare of a child; Paula A. Kingsley, 34, of 8 Lewis Place, Batavia, is charged with disorderly conduct. Snyder and Kingsley were allegedly involved in a neighbor dispute at 4:05 p.m. on Sunday. Snyder is also accused of grabbing a 15-year-old girl and fighting with her. Both were jailed on $1,000 bail.

Ralph G. Depema, 33, of 854 Whitier Road, Spencerport, is charged with aggravated unlicensed operation and unsafe turn. Depema was reportedly stopped by Officer Chris Camp Ellicott Street at 11:35 a.m. on Sunday. After the stop, it was discovered that Depema was driving despite his license reportedly being suspended 16 times. Depema was jailed on $1,000 bail.

Joshua P. Garcia, 26, of 14 Marchall Ave., Akron, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Deputy Kevin McCarthy responded to a report from the T/A Travel Plaza of a person who reportedly passed out in the dining area and then refused to leave. Upon interviewing Garcia, McCarthy determined that he allegedly drove to the location.

Brian L. Smith, 48, 4128 Colonial Blvd., Batavia, is charged with aggravated harassment in the 2nd degree. Smith allegedly made repeated contacts via online communication with a woman in Florida after she had repeatedly asked him to stop. Investigator Kristopher Kautz characterized the communications as "harassing and alarming in nature."

Philip Anthony Caccamise, 27, of 65 South St., Le Roy, is charged with harassment. Caccamise allegedly grabbed a friend and threw him to the ground.

Glenn W. Viehdeffer, Jr., 59, of 7628 Lewiston Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and inadequate/no muffler. Viehdeffer was stopped for an alleged traffic violation by Deputy Jason Saile on South Pearl Street Road in Oakfield at 1:42 a.m. on Saturday.

Eric W. Kubik, 23, of 2160 Phelps Road, Basom, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Kubik was stopped by Deputy Howard Carlson on Route 5 in the Town of Le Roy at 2:40 a.m. on Saturday.

John C. Bertini, 51, of 2419 Pratt Road, Corfu, is charged with unlawful possession of marijuana. Bertini was stopped by Deputy Kevin R. McCarthy on Indian Falls Road for an alleged improper headlight at 2:08 a.m. on Sunday.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. Deputy Kevin McCarthy investigated a car parked partially on the pavement on Gabby Road in Pembroke at 4:54 a.m. on Saturday. He found the youth allegedly in possession of marijuana.

Ricky N. Porter, Jr., 19, of 1 Walnut St., Batavia, is charged with assault in the 3rd degree and criminal contempt in the 1st. Porter allegedly violated a court order of protection by pulling the hair of a girlfriend and then hitting her numerous times in the head and face. Porter was jailed without bail.

Joshua G. Bachorski, 26, of 11 Pringle Ave., lower, Batavia, is charged petit larceny. Bachorski allegedly stole a bottle of liquor from Mr. Wine and Liquor.

Amanda M. Elliott, 25, of 18 1/2 Walnut St., Batavia, is charged with petit larceny. Elliott allegedly shoplifted items from Tops.

Julia R. Sallade, 18, of 9845 Roanoke Road, Pavilion, is charged with petit larceny. Sallade allegedly attempted to steal $368 worth of clothing and jewelry from JCPenney.

Weather Watch: Some chance of light snow throughout the day

By Howard B. Owens

You've probably already noticed a dusting of snow this morning. There's a chance that will continue throughout the day.

The chance of snow throughout the day ranges from 10 to 40 percent. 

Highs today will be around 30 with winds of 10 to 15 mph from the northwest.

The 10-day forecast from Weather.com has dropped its prediction of snow for Christmas Day and now tells us to expect freezing rain with a high of 38 degrees.

Today's Deals: The Mane Attraction, Delavan's, Kravings, Enchanted Florist, Jackson St.

By Howard B. Owens

Delavan's Restaurant and Tavern, 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.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Kravings Kafe, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Now in stock: A big selection of poinsettias and stunning wreaths. We have a $20 gift certificate for $9.50.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: When it's time for a great hamburger, Jackson St. Grill will serve you among the best around. We have a $10 gift certificate for $5.

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

Joy Ride in the City

By Robin Walters

Do you remember when you were a teen and you and all your friends would pile up in the car and head out for a joy ride? The Care-A-VAn bus was loaded up with gifts and volunteers for a joy ride both evenings this past week-end.

Pictured above is the congregation of Seventh Day Adventist delivering gifts to one of the families they sponsored for Christmas.

Hey that is not Santa! No, it is two of God's angels, Bridget and volunteer Tony, unloading gifts under a tree of a family that was in need this Christmas season.

After delivering gifts to several homes, the bus headed out to Walmart to bring joy to the shoppers. The volunteers enjoyed handing out candy canes and chocolates to all.

Care-A-Van will be heading out two more evenings this week  bringing God's peace and joy to others.

Merry Christmas to all!

 

Chimney fire reported on Pratt Road, Batavia

By Howard B. Owens

A chimney fire has been reported at 2651 Pratt Road, Batavia.

Town of Batavia and East Pembroke fire departments have been dispatched.

UPDATE 7:12 p.m.: A thermal imaging camera has been requested.

UPDATE 7:51 p.m.: East Pembroke units returning to service.


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Vincenzo DelPlato finishing new mural inside Next Level Fitness

By Howard B. Owens

Last Tuesday, I spent some time with Vinny DelPlato, or Vincenzo as he prefers to be called professionally, taking some pictures and talking with him about his mural painting.

He's just finishing up a new mural inside Ken Mistler's new gym, Next Level Fitness.

Below is a video of Vinny talking about his work along with some pictures. Some of the pictures are also included after the jump.

Vincenzo DelPlato has recently been specializing in pictures of great jazz artists. His work is on display -- and for sale -- through his Web site.

Winter Solstice Signals End of Autumn

By JIM NIGRO

Monday is the Winter Solstice, officially the first day of winter and  the shortest day of the year. With three months (at least) of snow, wind and ice in the offing, I'd like to take one last look at autumn, and some of the locales Claudia and I canoed, hiked and cruised along the back roads. 

West Bethany woodlot

A grove of maple and hickory trees

Rather than build up their winter food cache with tender shoots of osier and black willow, the occupants of this beaver lodge raided a farmer's corn lot.

October moon

Black willows along Tonawanda Creek

A stop over for waterfowl, a home to aquatic fur bearers.

A layover between flights.

A placid backwater.

Late autumn on the Tonawanda.

Winter offically arrives with a crescent moon.

Smell of natural gas outside in Pavilion

By Howard B. Owens

Pavilion fire is responding to a report of the strong odor of national gas off Route 20 just east of Route 19.

The caller told dispatch that the smell was pretty strong.

First responder reports "no smell."

Smoke in house on Shepard Road

By Howard B. Owens

There is smoke in the residence at 9203 Shepard Road  and the smoke detector has been activated.

Town of Batavia Engine 24 is being dispatched. Oakfield and East Pembroke are standing by in station.

UPDATE 1:51 p.m.: Oakfield and East Pembroke taken off the call, standing down.

UPDATE 1:54 p.m.: Engine 24 back in service.


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Picture: Red fire hydrant in Oakfield

By Howard B. Owens

I was in Oakfield yesterday and walked past this red fire hydrant in a vacant lot of snow and thought -- I should take a picture of that, so I did.

No injuries reported in three-vehicle accident on Ellicott Street Road

By Howard B. Owens

Three cars are involved in an accident in the area of 4940 Ellicott Street Road, Town of Batavia.

There are no injuries reported, but Mercy EMS is being dispatched as a precaution.

One car is reportedly smoking.

Town of Batavia Fire is being dispatched.

The accident is in front of the old 84 Lumber, between Cedar Street and Shepard Road.

UPDATE 1:28 p.m.: There is a DWI suspect involved in this accident. One pickup truck is being taken away on a flatbed. Another vehicle involved was an SUV hauling a trailer.  No reports of any injuries.


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Three candy canes stolen from Christmas dectorations

By Howard B. Owens

Somebody is getting a lump of coal in his stocking this year. Santa is not happy.

Three candy canes have been stolen from the yard of a Monclair Avenue home in Batavia.

A police officer is on his way to take a larceny report, but we're sure Santa already knows.

Car hits deer, catches fire on Route 262

By Howard B. Owens

A car is on fire after hitting a deer on Route 262 in the area of Byron-Bergen School.

UPDATE 11:12 p.m.: The car is described as fully involved.

O-A Drama Club shines spotlight on the holidays

By Ethan Thompson

It was showtime last night at Oakfield-Alabama High School and the Drama Club was ready to shine for the community. And it did.

The teens have been preparing to perform two plays since October, putting in two-hours days until recently when they started practing three to four hours a day. The plays lasted around two and a half hours with two brief intermissions in between acts.

The first one was about the first Thanksgiving, from the point of view of a young man named Dwayne, who had not done his homework the previous night. Due to his lack of studying, Duane's understanding of the first Thanksgiving was a little skewed.

He was not prepared when his teacher called on him to give a synopsis of that celebrated mealtime. In Dwayne's eyes, the Salem witch trials took place at the same time as the first Thanksgiving. He also believed football was invented by the pilgrim men as a way for them to relax and be lazy while the women did all the work. In the end, Dwayne's teacher got so fed up with his inaccuracies she asked him to stop.

The second play was about the Brookshire family's annual Christmas letter. Mrs. Brookshire asked her family to help her write it but they declined for various reasons and excuses. So she gave up and decided to write it herself.

We then got a glimpse of the big events that happened during the year as she wrote them down in her letter. In the end, the rest of the family realized how important writing the letter was to Mrs. Brookshire, and they helped her finish it.

The following are some video clips from some interviews I conducted with some of the main characters.

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