Benjamin Gove Evans, 22, of West Main Street, Batavia, is charged with petit larceny. Evans is accused of shoplifting at Kmart in April.

Kristen L. Brightenfield, 18, of 6559 Main Road, Stafford, is charged with petit larceny. Brightenfield is accused of stealing a box of hair dye from Tops Market during the early morning hours of Wednesday.

Micaheal J. Elmore, 20, of Sumner Road, Darien, is charged with two counts of petit larceny. Elmore was arrested by the Wyoming County Sheriff's Office following an investigation into thefts in Orangeville. Elmore was identified as the suspect with the help of a pawnshop in Batavia. Another piece of stolen property was recovered in the Village of Attica.

Diane E. Winger, 46, of 329 Eva Road, Fort Erie, Ontario, Canada, is charged with driving while ability impaired and failure to keep right. Winger was stopped at 11:43 p.m., Sunday, on Snipery Road in Darien by Deputy Patrick Reeves.

The City of Batavia's 9/11 ceremony has been moved up to tomorrow, Thursday, at 2 p.m.

It will be held in the mall concourse.

City Council President Marianne Clattenburg, Genesee County Sheriff Gary Maha and ESD President Ken Adams will be speaking at the ceremony.

The auction and gala to benefit the Child Advocacy Center is just around the corner -- Sept. 17 -- and auction items are rolling in. Above, Anita Strollo shows off a group of cigars in a traveling humidor that will be among the items offered up by auctioneer Seth Kent (white shirt, center), of William Kent, Inc., of Stafford.  From left are: Grace Flannery, CAC; Strollo; Tiffany Szymanek, Genesee Justice; Kent; Assemblyman Steve Hawley, who will emcee the evening's festivities; and, District Attorney Lawrence Friedman, president of Batavia Kiwanis.

The Kiwanis Club is sponsoring a "Bidding on a Brighter Future" Gala and Auction at 6 p.m., Sept. 17 at Batavia Downs. Donations of items for the auction are still being accepted. Tickets for the gala are $40 per person or $75 per couple. Checks can be mailed to: Justice for Children GLOW Foundation, Inc., 108 Bank St., Batavia, NY 14020.

Disclosure: As of Thursday, Howard Owens is a member of the Batavia Kiwanis Club.

It's a big leap from middle school to high school and for the past four years, to help freshmen students make the transition, Batavia High School has conducted a special orientation day the day before classes officially begin.

For the class of 2015 that was today.

Of the 198 students in the frosh class, all but three students showed up for the orientation that began at 8 a.m. with a dramatic welcome by faculty and administration in the gym -- lights turned down, spotlights turned on and music playing loud, the students are welcomed into the gym like a championship team.

"We tell them up front that there will be some corny stuff," said Joe Hussar, one of the faculty organizers. "It's a little over the top sometimes."

The goal is give the students an introduction to BHS without 800 other students around. 

"It gives them at least one day where they can take their time and figure things out," Hussar said.

Like where their locker is and how to open it, and how to get from history class to English class.

The students also meet some of the upperclassmen who act as mentors during the school year.

More than 100 upperclassmen applied for the program and the 53 selected went through three days of training over the summer. Today, after the initial gym meeting, they led small groups of students in exercises to help them learn each other's names, how to communicate better and just get to know each other so at least on the first day of school there will be a few familiar faces.

Tomorrow, all the mentors will wear bright pink T-shirts so they can be easily identified by any freshmen who can't find a class, have a question or otherwise need help.

"It's awesome that so many of our upperclassmen are taking the lead," Hussar said.

To further assist the freshmen, the upperclassmen leaders have lockers strategically positioned among a group of freshmen lockers -- for about every seven or eight frosh lockers are two mentor lockers. The arrangement will last throughout the year.

After the small group exercises, the freshmen were given a tour of the school, had a break for lunch and then did a modified version of their class schedule -- 10 minutes for each class so they can learn how to get from room to room with less confusion tomorrow.

A man is reportedly riding a motorized two-wheel bicycle on the sidewalk on Main Street in the City of Batavia. When the caller reported this he was near Burger King. Watch out pedestrians. The guy is going about 30 mph.

Upon getting the report the cop says: "Oh kay," with some hesitation.

The dispatcher replies: "I know what you mean."

He's toting a light-brown backpack on his back. He's white. But he was easily spotted by police, all descriptions aside.

Two days ago the same guy was seen, by me, on Maple Street (actual street).

UPDATE 12:35 p.m.: The bicyclist is having a chat with an officer about his travel plans.

Ten different businesses have been burglarized 11 different times since June and the Batavia police are looking for the public's help is identifying the suspects.

Det. Charles Dudek released the video posted above in the hope that it might lead to more information about the suspects seen in the video.

The video was taken by surveillance camera at Batavia's Original, 500 E. Main St., Batavia, on Aug. 30. Batavia's Original has been hit twice in the past couple of months.

The same two suspects are believed to have burglarized Ficarella's Pizzeria in late August.

A witness reportedly spotted the suspects at about 4 a.m. leaving Ficarella's without their masks or hoods on.

The suspects are identified as white males in their late teens or early 20s. Both are about 5'8" to 5'9" tall. One suspect is described as stocky with short blond hair and a light complexion. The other suspect is thinner with short dark hair.

The string of burglaries dates back to June 2, when Neptune's Garden was hit.

In four cases, safes were stolen, or the safe was opened at the business and in one case the suspects were unable to either open or take the safe.

Anyone with information that could aid in the investigation should call the confidential tip line at 345-6370 or the Batavia PD at 345-6350.

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Defense attorney Brian Degnan admitted in court today that he was surprised to learn less than an hour before his client was scheduled to be sentenced on a burglary charge, that the client didn't understand one of Judge Robert Noonan's questions when he entered a guilty plea July 15.

The question, one asked of every defendant about to enter a guilty plea: "Have you consumed any drugs or alcohol today?"

Ricky L. Miller said he had not, but today, Miller told Degnan that he was actually on prescribed painkillers when he entered his guilty plea and didn't understand what he was doing.

Miller was an inmate in the Genesee County Jail on July 15 and any medication he received would have been administered by jail staff.

The drugs supposedly taken by Miller on July 15 where Neurontin and Tramadol.

Degnan asked for an adjournment of the scheduled sentencing to give him time to research the veracity of his client's claim and whether the allegedly prescribed painkillers could alter his judgment.

"We should not be adjourning a sentencing every time a defendant has a change of heart," said District Attorney Lawrence Friedman.

Friedman characterized Miller's new statements as "an incredible claim that he lied under oath about being on drugs."

Degnan tried to argue that perhaps his client didn't understand the question because he only has an eighth-grade education, but Noonan wasn't buying it.

When Noonan asked if Miller had taken the prescribed medications today, Miller said he had.

"So he has enough of an education to understand what I'm asking him while on drugs today, but not when he entered his guilty plea?" Noonan asked.

He ordered a short recess so Friedman could contact the jail and get information on what drugs Miller may have consumed the day he entered his guilty plea.

About 30 minutes later, Miller's case was recalled and Friedman informed Noonan that on July 15, Miller had not yet been prescribed Neurontin, and about two weeks before the hearing, Miller's dosage of Tramadol had been reduced.

"He was taking it for knee pain," Friedman said. "I'm told it's no more powerful than Motrin tablets and it's not a controlled substance."

Noonan denied Degnan's motion for an adjournment and proceeded with sentencing.

On one count of burglary, 2nd, Miller was given five years in prison, and on one count of possession of a forged instrument, Miller was given three and a half to seven years in prison, to be served concurrently.

"Sir, you have, for a 29-year-old man, you have a horrible record," Noonan said. "You don't seem to have any respect for anybody's else's property. It's important that you be removed from society for a long period of time."

A Massachusetts man will serve two consecutive six-year prison terms for having sex with two 14-year-old girls, one of whom he originally met while she was traveling with her mother in Florida.

Raymond E. Allard, 27, who admitted to two counts of second-degree rape on July 15, told Judge Robert C. Noonan today that he wasn't the kind of person who had sex with children. While Allard has convictions in Florida for burglary and grand larceny, he's never faced sex-crime accusations before.

"I was foolish and I'm willing to face whatever penalty is coming to me for my behavior," Allard said. "I'm sorry to the girls. I'm sorry to the families. I'm sorry to the court. I'm sorry to myself."

Noonan wasn't sympathetic.

"You are a child rapist, a serial child rapist," Noonan said. "For you to stand here and say you're not that kind of person -- you are exactly that kind of person. You are the kind of person who can't be trusted to be in the presence of another child ever again and it's my job to put you away for as long as I can."

Allard was originally indicted on 64 charges of rape, 2nd, and criminal sexual act, 2nd, and agreed to a plea guilty on two counts in exchange for capping his sentence at 12-years maximum.

He'll be on probation for 10 years when he's released from prison.

Allard was indicted in May, accused of having sex with two 14-year-old girls in November and December of 2010.

According to reports at the time, Allard met the mother of one of the girls while in Florida and followed her and her daughter back to Oakfield.

"The circumstances of this case clearly indicated that Mr. Allard is a predator of young girls," Assistant District Attorney Will Zickl said. "His relationsip with one of the victims began outside of New York State as the result of a chance meeting and was continued when Mr. Allard decided to come to this area and continue his grooming of this child for his own sexual purposes."

Zickl said Allard's statements in the pre-sentence investigation further implicated Allard as depraved.

Allard allegedly described one of the victims as "sexually aggressive" and an "overwhelming sexual creature."

"This is Mr. Allard's feeble and feckless attempt to put himself in the best possible light," Zickl said. "I would submit that it puts him in an even worse light because he's blaming a 14-year-old girl for his predation on her."

The mother of one of the girls spoke and said that Allard's actions caused a lot of damage to her relationship with her daughter and they've never really talked about what happened. She said all she knew was what she read in her journals before her daughter was placed in a foster home.

"I'm very angry, very hurt and very distraught about what happened to my daughter," the woman said. "He's done a lot of damage to my family. I don't think he should ever be around children again."

Remember the wayward snake on State Street Road on Saturday? Through diligent investigative journalism, we acquired a picture of it.

The snake, believed to be a ball python, is holed up at a secret, undisclosed location (well, at least, I don't know where it is) awaiting possible recovery by its rightful owner.

The python is described as a little over 3-feet long.

The Batavia Area Jaycees' annual 5K race was Monday morning. Here are the results.

Overall Male: Collin MulCahly, 17: 17:26.

Overall Female: Melissa Domay, 36: 21:30.

AGE GROUP WINNERS:  

14 & UNDER - MALE:  
1. Campbell Anderson - 24:05 
2. Vincent DiRisio - 51:11  

14 & UNDER - FEMALE:  
1. Emma Eastridge - 26:57  

15-19 - MALE:  
1. Mitchel Ernst - 18:51  
2. Patrick Burns - 19:03  

15-19 - FEMALE:  
1. Samantha Wingate - 31:38  

20-29 - MALE:  
1. Michael Richenberg - 17:53 
2. Dave Bateman - 18:48  

20-29 - FEMALE:  
1. Christina Bak - 30:36  
2. Amy Swenson - 33:57  

30-39 - MALE:   
1. Paul Glor - 17:43  
2. Rich Boyce - 20:24  

30-39 - FEMALE:  
1. Jill Christinano - 23:57  
2. Nicole Boyce - 25:20  

40-49 - MALE:  
1.Kevin Sheehan - 18:43  
2. Jim Werven - 20:02  

40-49 - FEMALE:  
1. Lynn Auble - 21:51  
2. Carol Vanderberg - 23:56  

50-59 - MALE:  
1. David Oleary - 18:04  
2. Bill McMullen - 21:18  

50-59 - FEMALE:  
1. Janice Spiotta - 27:19  
2. Carrie Caccamise - 29:36  

60+ - MALE:  
1. Tom Dutton - 20:35  
2. Bruce Rychwalski - 25:04  

60+ - FEMALE:   
1. Mitzie Lewandewski - 28:29 
2. Debora Redding - 39:47

A 21-year-old Batavia man originally accused of rape with a possible sentence of 25 years in prison, received a seven-year sentence today on a reduced charge of sexual abuse.

Patrick J. Donahue, of 44 Williams St., Batavia, was arrested in January and accused of raping a 30-year-old woman at a residence on Walnut Street.

In July, Donahue accepted a plea reducing the charge to sexual abuse.

In court today, Judge Robert Noonan told Donahue his crime was "a slight grade below murder."

Once released, Donahue will spend 10 years on probation.

Reporting for this story provided by Geoff Redick, WBTA.

A 3-year-old Village of Le Roy girl died Saturday evening after being found unresponsive in the pool of a relative's house on Broadway Road in Alexander.

Alexander fire and Darien fire and ambulance responded to the scene at 7:09 p.m. as friends and family members performed CPR on the child.

Darien ambulance transported the girl, Andrea L. Mangefrida, to UMMC. She was then flown by Mercy Flight to Women and Children's Hospital in Buffalo.

Andrea was pronounced dead at 12:45 p.m., Sunday.

The girl's parents are Philip and Christina Mangefrida, Village of Le Roy.

The Sheriff's Office is continuing to investigate the drowning.

A 28-year-old Rochester resident was arrested for alleged DWI Sunday after her car became stuck on railroad tracks in the Town of Bergen.

The woman was returning home from the Toby Keith concert at Darien Lake and told deputies that she became stuck on the tracks after following the directions of her GPS.

Charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely was Michelle H. Wilson, of Fallstaff Road, Rochester.

Deputy Tim Wescott and Sgt. Greg Walker responded to the call of a car stuck on the tracks near Town Line Road, Bergen, at 10:50 p.m.

Whereas the orioles were easy to photograph, the bluebirds were quite timid, refusing to remain still for more than a moment or two and making photo opportunities difficult.

While the orioles nested in the woods to the north, the bluebirds -- at least two mating pairs -- nested in the small woods bordering the southern edge of our property. They made repeated forays to our mulberry tree, appearing to take a single berry and fly back into the woods. Moments later they would reappear on a dead limb of a white ash (as seen in above photo), making a brief stop before flying in for another mulberry.  

We had ample bluebird sightings in our backyard this year. While I was aware they were not around in great numbers, until now I've never realized how shy and retiring they are. Claudia and I have seen more bluebirds during the summer of 2011 than all previous years combined. Maybe it's nature's way of making up for a less than pleasant winter!

Press release:

The Batavia Police Department is investigating an incident of leaving the scene of an accident. It occurred during the early morning hours of Monday, Sept 5.

The accident was at 59 Jackson St., at the entrance to a parking lot on Jackson Street just north of Ellicott Street. A lamppost and a stop sign were struck during the incident. The lamppost was destroyed and a stop sign was broken off at the base.

Debris left at the scene indicates the vehicle involved is a blue in color Pontiac.

Persons with information regarding this incident are asked to contact the Batavia Police Dispatch at 585-345-6350 or the Batavia Police Confidential Tip Line at 585-345-6370. Persons may also report information via the Suspicious Activity Reporting link on the Batavia Police Department’s website.

UPDATE 7:52 a.m., Wednesday: The female driver has reportedly turned herself in. The investigation is continuing.

Alicia M. Lyons, 31, of 17 1/2 Central Ave., Batavia, is  charged with criminal mischief, 3rd. Lyons was allegedly observed scratching the paint of a vehicle parked off of Central Avenue. Lyons was taken into custody by Officer Marc Lawrence.

Timothy Garrick Fitzgerald, 45, of Windsor Drive, North Tonowanda, is charged with DWI, driving with a BAC of .18 or greater, failure to signal lane change and moving from lane unsafely. Fitzgerald was stopped at 9:53 p.m., Friday, in the area of 4016 W. Main St. Road, Batavia, by Deputy Joseph Graff.

Sarah White Gilmartin, 35, of Norwalk Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, dazzling headlights and no/insufficient tail lamps. Gilmartin was stopped at 2:10 a.m., Aug. 27, on Main Road, Pembroke, by Deputy James Diehl.

Russell R. Miles, 43, of 12 Lake St., Le Roy, is charged with criminal contempt. Miles was arrested following a report of a disturbance at 12 Lake St. Miles was allegedly involved in the disturbance with a person who was the subject of a stay-away court order. Miles was jailed on $1,000 bail.

Brett A. Simcick, 27, of Keeney Road, Le Roy, is charged with felony DWI. Simcick was stopped by Le Roy Police in the early morning hours Saturday for allegedly failing to stop for a stop sign on Hilltop Drive, Village of Le Roy. Simcick was jailed on $5,000 bail.

Matthew Alvin Johnson, 28, of Prestige Crossing Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and no plate lamps. Johnson was stopped at 1:46 a.m., Sunday, on Seven Springs Road, Batavia, by Deputy Patrick Reeves.