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HP Hood to be awarded Economic Development Partner of the Year at GCEDC annual meeting

By Billie Owens

Press release:

The Genesee County Economic Development Center (GCEDC) has announced that HP Hood will receive the Economic Development Partner of the Year award at the agency’s annual business meeting on Friday, March 6 at Batavia Downs.

Approximately 250 business, government, community and economic developments leaders are expected to attend the annual meeting.

HP Hood is one of the country’s largest branded food and beverage companies with 13 manufacturing plants throughout the United States. More than 250 food and beverage professionals are now employed at HP Hood’s Batavia facility in the Genesee Valley Agri-Business Park.

Theresa Bresten, vice president and treasurer for HP Hood, will be accepting the award on behalf of the company.

“Since opening its doors in Genesee County in 2017, HP Hood has been a model for success,” said GCEDC President and CEO Steve Hyde. “The company continues to create jobs and is the latest success story in Genesee County’s proud dairy industry.”

HP Hood has invested more than $200 million in expanding, improving and operating its world-class 448,000-square-foot facility at the Agri-Business Park. The facility occupies 82 acres there and it recently purchased 22 additional acres to accommodate future growth.

“HP Hood is honored to have been selected as the GCEDC 2020 Partner of the Year,” said Hood spokesperson Theresa Bresten. “We’re proud of the work we’ve done together to bring new jobs to the local community.

“We look forward to continuing our partnership with GCEDC in enriching the economy of Genesee County and New York.”

The theme of the 2020 annual meeting is “Success Starts Here,” including the growth of Batavia’s food and beverage hub.

In the past 10 years, companies in the Genesee Valley Agri-Business Park and surrounding companies have invested more than $500 million into facilities that employ more than 700 professionals and operate over 1 million square feet of operations.

The event will focus on the GCEDC’s business accomplishments in 2019 and economic development goals and objectives for 2020.

Register to attend the GCEDC Annual Meeting and Luncheon by visiting GCEDC.com.

Law and Order: Gabbey Road man accused of harassing dispatchers and making false reports

By Billie Owens

David James LeRoy, 27, of Gabbey Road, Pembroke, is charged with aggravated harassment in the second degree and falsely reporting in the third degree. At 3:57 p.m. on Feb. 23, LeRoy was arrested after allegedly making several phone calls to the Genesee County Emergency Dispatch Center for no legitimate purpose, and making false reports. He was released on appearance tickets and is due in Pembroke Town Court on March 3. The case was handled by Genesee County Sheriff’s Deputy David Moore.

Three Buffalo residents are charged with crimes following a reported of an alleged larceny from Target in Towne Center at Batavia mall on Feb. 23. They reportedly left the scene and were located on the Thruway in Pembroke. Arrested at 5:25 p.m. Sunday were: Ashley M. Drexinger, 27, of Kensington Avenue, who is charged with third-degree grand larceny – a Class D felony, and fifth-degree conspiracy – a Class A misdemeanor. Ericka K. McBride, 30, of Janet Avenue, is charged with fifth-degree conspiracy and unlicensed operation of a motor vehicle. Kahel S. Suttles, 23, of Dodge Street, is charged with third-degree grand larceny, and unlawful possession of marijuana. All were released on appearance tickets and are due in Town of Batavia on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor, assisted by Deputy David Moore.

Harry Thomas Gibson, 55, of Watson Street, Batavia, is charged with petit larceny. On Feb. 21 at 6:25 p.m. Gibson was arrested for petit larceny following a complaint of a shoplifter at Kohl’s department store. He allegedly stole three bottles of cologne. He was issued an appearance ticket and is due in Batavia Town Court on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor.

No coverage of FeBREWary

By Howard B. Owens

It was a lot of fun shooting video of FeBREWary last night and I was looking forward to editing the footage this afternoon.

When I got home last night, I put the SD card in my computer and imported the hockey video footage. When that was done, I forgot to import FeBREWary.  

Normally, I don't take SD cards out of the computer and put them right in the camera for the next project. I rotate through them in order to diminish the chance of deleting something I'm not ready to delete. But that isn't what I did this morning -- running late to cover something, I grabbed the SD card I saw first -- the one in the computer. I didn't realize my mistake until I was ready to edit the FeBREWary video.

I was disappointed. My apologies to anybody who was looking forward to being included in the video and to the BID and Downtown businesses.

Batavia boys and girls teams pick up sectional titles in track and field

By Howard B. Owens

Photos and write-up submitted by Coach Nicholas Burk.

The Batavia Indoor Track Team had a phenomenal meet yesterday competing in the Sectional Championships at RIT.

The girls' team accomplished an amazing feat, winning their 16th Sectional Championship in 18 years. This was their seventh consecutive championship.

The Blue Devils scored 92 points, edging out Pittsford Mendon with 89.5 points and Pittsford Sutherland with 82 points.

Batavia had a number of clutch performances, highlighted by our throwers. Rebekah Daniszewski won the Shot Put with a throw of 37-8.5, and Maggie Andersen won the Weight Throw with a throw of 44-11.75. Both girls have achieved the State and National standards in their events and will look to qualify for the NYS Championships next weekend.

Arianna Brown continued her impressive season winning the 55 Hurdles with a time of 9.07. She also finished in third in the High Jump clearing 5-0, and third in Long Jump with a 16-3.5. Sarah Adams finished second in the triple jump with a distance of 33-10 and second in Long Jump with a distance of 16-4.75. Sydney Konieczny had a very strong race in the 1000m finishing in secnd place with a time of 3:23.45.

Not to be outdone, older sister Gavin Konieczny was able to earn a second-place finish in the Pole Vault with a height of 9-0. Jianna Torcello and Liz Kingston finished in fourth and fifth place in the 1500m Racewalk.

Batavia's 4x800 Relay of Melanie Quinones, Sydney DellaPenna, Brooke Scott, and Makayla Andalora finished in fifth place with a time of 11:13.70 and the 4x400 Relay of Aurelia Colby, Sydney Konieczny, Maddie Taggart, and Noelia Ventura finished in fourth place with a time of 4:37.98.

This championship was a total team effort and demonstrated that the Batavia girls deeply care for the standard of excellence that the school has established in Section V Track and Field.

"Our strong desire to maintain our winning traditions each year lead our girls to compete at a very high level in this meet," said Coach Nicholas Burk. "We seem to always find a way to get the job done."

The boys' team had a very gritty performance while being down almost the entire meet, but inevitably finding a way to pull out the Championship in the last few events of the evening. Batavia finished with 105.5 points, edging Pittsford Mendon, who scored 101 points.

This is the boys' team's ninth Sectional Championship and its fourth consecutive one. Just like the girls, the boy's team was led by our Impressive group of throwers.

Batavia had seven out of 13 competitors in the Shot Put with Alex Rood repeating as the Sectional Champion with a throw of 54-9.5. Alex is currently ranked second in New York in the Shot and has the State and National Standard as well. Cody Eisenberger finished second in shot with a throw of 48-9.25 and Austyn Fernandez finished fifth with a throw of 42-5.

In the Weight Throw, Batavia had 10 out of 16 Competitors with Alex Rood finishing second with a throw of 53-10.25 and Cody Eisenberger finishing in fourth with a throw of 50-5.25.

The Batavia Pole Vaulters turned the tide of the meet with four athletes placing in the top six.

Daemon Konieczny won the Sectional Championship vaulting 11-6. Andrew Lin finished third with a height of 11-0; Jacob Torcello finished fourth with a height of 10-6; and Quinten Betances finished fifth with a height of 9-6. The 22 points from these athletes turned the tide in this meet and put Batavia ahead by four points with only three events left to score.

Daemon Konieczny finished off his very strong meet with a second place in the High Jump clearing 5-10 and a second place in the Triple Jump with a distance of 42-3.

Also in the high Jump, Jesse Reinhart finished fifth with a height of 5-8.

Batavia's distance athletes battled all meet long and had some clutch races which contributed to the team's success.

Garrick Havens placed fifth in the 3200m with a time of 10:25.39, and he was fourth in the 1600m with a time of 4:47.82. Mario Rosales placed fourth in the 1000m with a time of 2:47.53; Wyatt Gaus Finished sixth in the 1600m with a time of 4:48.48; and Jonah Epps placed fifth in the 600m with a time of 1:30.21.

Terrez Smith placed sixth in the 55m with a time of 6.73; and Jamarion Richardson placed sixth in the Long Jump with a distance of 20-5.25.

The boys' 4x800 Relay of Mario Rosales, Jonah Epps, Cody Harloff, and Garrick Havens had a very clutch performance, edging out a talented Pittsford Mendon team, finishing in second place with a time of 8:46.46.

The 4x400 Relay of Zack Anderson, Ayden Dowd-Devay, Wyatt Gaus, and Max Tomaszewski had a tremendous race, winning the Sectional Championship with a time of 3:44.38.

The final running event was the 4x200 Relay -- consisting of Terrez Smith, Joey Gefell, Gabriel Reyes Mercado, and Max Tomaszewski -- and they placed sixth with a time of 1:37.31.

This was a very impressive meet by the Batavia boys' team as they were down significantly through the first half of the competition.

Many of these athletes fought for those fifth- and sixth-place finishes, which turned out to be the difference in the meet. The depth of our team was on display as each group, the throwers, distance runners, jumpers, and sprinters scored points and contributed to the team's total score.

The Batavia Track and Field program has continued to demonstrate strong character, dedication, and toughness toward accomplishing the goal to uphold the tradition and reputation of the school's track teams.

A number of other athletes trained with Batavia this winter from other Genesee Region schools:

  • Emily Tait -- Attica: second in the Class C Long Jump (18-4.5); second in the Class C Triple Jump (38-9.75)
  • Veronica Duell -- Byron Bergen: third in Class C Long Jump (16-6.75); ninth in Class C 300m (47.96)
  • Dylan Rykert -- Oakfield Alabama: first in Class D Weight Throw (39-4.25); first in Class D Shot Put (43-9.25)
  • Zack Hall -- Oakfield Alabama: first in Class D 1000m (2:40.06)
  • Nick Munger -- Oakfield Alabama: first in Class D Pole Vault (10-0); fifth in Class D 1000m (3:00.15)
  • Fanny Vanegas -- Elba: first in Class D 1500m (5:26.71)
  • Kelly Mickey -- Elba: third in Class D 55m (7.89); fifth in Class D 300m (46.32)

City Schools board tasked with replacing board member after resignation

By Howard B. Owens

When the Batavia City School District Board of Education meets Tuesday, they will discuss how to proceed with replacing trustee Zach Korzelius, who resigned recently.

In an email to Board President Pat Burk, Korzelius wrote: "This will serve as my written notice to the board of my resignation to focus more time on work and family. Thank you to all for relationships that have been built and good luck going forward."

Korzelius was initially appointed to the board in 2017 to fill the unexpired term of Leslie Johnson and then elected to the board in 2018. His term was set to expire at the end of June 2021.

His bio has been removed from the district website.

Photo: District photo.

City firefighters unveil drop box for U.S. flags retired from use

By Howard B. Owens

Press release:

IAFF Local 896 Batavia City Firefighters are proud to announce a safe and secure drop box to retire U.S. flags in our community. Firefighters have partnered with the Veness Strollo VFW Post 1602 to ensure a dignified retirement on Flag Day.

Residents are encouraged to bring their retired U.S. flags to the firehouse drop box where firefighters will, on a weekly basis empty the container, properly fold flags, and prepare them for delivery to the VFW on Edwards Street.

The idea of providing a U.S. Flag Retirement Drop Box for our community was brought up after seeing other municipalities purchase containers for proper flag retirement. Many other military organizations, along with the VFW, collect and retire U.S. flags.

We are just providing an additional central location for the community to respectfully retire their U.S. flags. Since early January our community has brought in more than 40 flags for proper retirement, thank you!

Special thanks to Kristina at the Genesee County sign shop for the professional wrap and graphics on the flag container. Our temporary install of the container was made possible by firefighters of the 1st platoon with plans to permanently install in the Spring with assistance from City Department of Public Works.

Public input sought on development of former armory on State Street

By Howard B. Owens

It's been nearly four years since Dave Vascianne purchased the former armory property on State Street in the City of Batavia and according to his consultant, David Carr said it's been a slow but deliberate process to decide what to build on the land.

The decision, on the back of the property, a senior housing complex.

On the front, using the existing buildings?  Vascianne and Carr want to hear from the community.

To that end, they've been working with a group of RIT students to develop a range of possible uses for the buildings and those ideas will be presented to the community from noon to 2 p.m. at City Centre on Saturday, Feb. 29.

"We want to get as much input from the community as possible," Carr said. "Whatever it is, we want to fit with the senior housing and make sure everything fits together. Everything has to be social together because otherwise, it won't work, which is why we want to get input from everybody."

DaVas Enterprises, LLC purchased the parcel Aug. 1, 2016, from the New York State Police for $235,000.

At the time, Vascianne said, he wasn't sure what he would do with the property but he's a developer. It was too good a value to pass up. It's a nice piece of land and the existing buildings are architecturally interesting and in good shape.

He settled on senior housing to anchor the development because of the residential zoning of the area but he hasn't decided yet what to do with the front part of the property.

Carr said the project is being privately financed though there are tax credits available for the senior housing and they may seek out other assistance.

Photo: File photo from 2015

Notre Dame ponies up 300 bucks to fight cancer

By Billie Owens

On Tuesday, Notre Dame High School in Batavia donated $300 to the Amercian Cancer Society's Coaches vs. Cancer.

According to the program's website, the 25-year-old program operates in collaboration with the National Association of Basketball Coaches. It unites coaches and fans nationwide to help the American Cancer Society defeat a common enemy – cancer, through fundraising and education initiatives.

Submitted photo: Notre Dame High School Varsity Basketball Coach Mike Rapone, left, and Joe LaVare, Community Development manager for the WNY office of the American Cancer Society, based in Amherst.

Shop of cheap thrills replaced by bargain hunters' paradise

By Billie Owens

Machine shop owners Nancy and Bill Brach passed up the opportunity to buy the building next door to their business in the Town of Batavia nearly 20 years ago and the die was cast.

Nancy said they came to regret that.

Out-of-state businessman Jay W. Tuxford bought it instead, in November of 2000 when escrow closed on the $130,000 sale of 4816 Ellicott Street Road.

Brach's Machine, Inc., a 15,000-square-foot facility at 4814 Ellicott Street Road, soon had new neighbors -- Pandora's Boxxx, an erotica store that sold racy lingerie, adults toys and videos, and exotic gizmos.

"The porno people" as she refers to them, "weren't horrible neighbors" but the Brachs found the operation "unsavory" nonetheless.

"We wanted that place to be closed forever," Nancy said, with some exasperation, adding that the brass at O-AT-KA Milk Products across the street at Cedar Street and Ellicott Street Road, weren't sorry to see the adult business go away either, finding it a rather "unwholesome" sight.

So it was with great delight that they found that Tuxford wanted to unload the property.

He appears to be a South Carolina resident who has, or has had, several businesses, according to information in online databases. These include Panbox Enterprises LTD (Pandora's Boxxx locations) based in Inman, S.C., South Shore Distributing in Long Beach, Mass., The Love Boutique Inc. in Inman, S.C. and in Orlando, the Florida metropolis where he also has two units in a multiplex. He is also listed as owning Florida Video Control Inc.

The Oct. 22, 2010 issue of the Rochester Business Journal lists Tuxford as filing a legal notice to change the name of a business in Genesee County from Granny's Attic of WYN Inc. to Nicholé’s of NY Inc.

The Brachs closed escrow on the 1,700-square-foot property next door on Oct. 18, and the sale price was $160,000.

It was originally owned, according to county records, by Albert Scroger. Genesee Farms bought it in 1990 for $70,000 and Pavlos Panitsidis paid $80,000 for it five years later. Five years after that is when Tuxford bought it.

The Brach's primary interest in it was for "purely selfish reasons" -- to provide much needed additional parking space for their 19 employees and room for their trucks to safely back in and out.

Brach Machine and Design, DBA was founded in 1985, specializing in tool design and custom machine work, focusing on the die casting industry. It incorporated under the name Brach Machine, Inc. in 1993. In 2005, the husband and wife established legal co-ownership under Brachefeller, LLC ("as in Rockefeller," says Nancy) and that entity is the listed property owner of both parcels, according to Bill.

The business continues to serve the die casting industry, producing a wide variety of shot-end components for zinc and aluminum die casting machines.

The Brachs rent the former Pandora's Boxxx to Chuck Bucci, who owns Batavia Bargains, "for a song," Nancy said.

Bucci relocated from 198 Ellicott St. in the city, behind the Qwik Fill, and opened at his new space on Monday. 

Gone are the sun-faded pair of familiar burgundy awnings emblazoned with the words Pandora's Boxxx.

This afternoon, Bucci said the town site offers a bigger, more attractive space to display the goods he culls from estate sales, an occasional auction, etc.

He stocks a wide array of antiques, collectibles, primitives, all kinds of furniture, artwork, tools, signs, toys, and needful knickknacks and odd treasures.

"It's a nicer building ... there's more visibility and more drive-by traffic," Bucci said. "We were in the other building two years and nobody knew we were there."

Batavia Bargains' hours are the same for now: 10 a.m. to 5 p.m. Monday/Tuesday/Thursday/Friday/Saturday; closed Wednesdays and Sundays. Bucci said he'll probably expand or adjust the hours in the warmer months.

Sponsored Post: New Listings Alert

By Lisa Ace


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Absolutely nothing to do-mechanically updated from top to bottom and beautifully and neutrally decorated. This home features; 3 bedrooms with a master closet to die for, 2 full baths, family room with cathedral ceilings, wood burning fireplace. Cozy and bright with great views to one of the prettiest backdrops around.

Library/den, pretty kitchen, formal dining room, and a super fun finished basement, that also has utility space and storage. 3 Bay garage, 16x20 shed, 2 decks with composite decking, concrete patio overlooking fields and woods with wildlife galore! You're going to love this one. Call Lynn Bezon at Reliant Real Estate today to see this listing. Call 585-344-HOME (4663).

Click here for 217 North St., Batavia (City). Solid & well maintained city home, centrally located to everything! Many updates-tear off roof in 2011 and furnace 2008. Upstairs gutted and re-drywalled. Nicely maintained.

The yard is super deep with lovely herringboned pattern sidewalk and beautiful flower beds and two great porches to enjoy it all! Super affordable price and inexpensive utilities. Check it out soon. Call Lynn Bezon at Reliant Real Estate today to see this listing. Call 585-344-HOME (4663).

Railroad engine on fire on Lehigh Avenue in the city

By Billie Owens

A locomotive engine is on fire at 16 Lehigh Ave. in Batavia and city firefighters are responding.

UPDATE 10:35 p.m.: The conductor of the train reacted quickly and cut off the fuel source to the blaze, thereby extinguising it before firefighters arrived. They checked out the scene and went back in service.

Law and Order: Domestic incidents in Batavia lead to two arrests

By Billie Owens

Tonya Marie Ficarella, 33, of Lovers Lane Road, Batavia, is charged with endangering the welfare of a child. On Feb. 13 at 8:45 p.m. Genesee County Sheriff's deputies took a report of a domestic incident that occurred earlier in the day. Following an investigation, Ficarella was arrested. It is alleged that Ficarella struck a male in the face during a physical altercation in front of a 3-year-old child. She was issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Shaquille Levon Davis, 27, of West Main Street Road, Batavia, is charged with third-degree menacing and second-degree harassment. Following a domestic incident at a local motel on West Main Street Road in Batavia, Davis was arrested for allegedly putting a victim in fear of physical injury by placing his hands on the victim. He was arraigned in Town of Batavia Court and is due to return there on March 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon.

Jeanne's Table offering summer classes for young chefs, and two Italian options next month for adults

By Billie Owens

Attention parents of young chefs, Jeanne's Table has three classes lined up for your child to learn new culinary skills and techniques. Classes are limited; they are at her Batavia home. They fill up fast!

For adults, she is offering a class in Italian cooking basics and an Italian "Demo & Dine" small-plate dinner party, both next month.

Here's the lineup for young folks:

  • Teen Treats Cooking Class (for ages 13-16) (limited to eight teens) -- $175, requires $50 deposit to book -- 10 a.m. to 2 p.m., July 13-17
  • Cooking with Young Adults (age 16+) (limited to 10 young adults) -- $175, requires $50 deposit to book -- 10 a.m. to 2 p.m., July 27-31
  • Kids' Baking Camp (for ages 8 to 12 years) (limited to 12 kids) --  $175, requires $50 deposit to book -- 10 a.m. to 2 p.m., Aug. 10-14

Here's a couple of offerings for adults who love great Italian food:

  • "Demo & Dine": Buon Appetito! Italian Dinner Extravaganza -- $50 total cost -- 6 p.m. Saturday, March 21 -- Let Jeanne show you how to make and enjoy a fabulous Italian meal.
  • The Essentials of Italian Cooking (limited to 12 people) -- $35 total cost -- Tuesday, March 24 -- Sauce, bread, biscotti, gelato, basil, Grana Padano, Ricotta -- Many of the basics will be covered so you can learn to make amazing Italian dishes for your family and friends!

For bookings and more information, visit online at Jeanne's Table.

Magic SandBox and health coach host Sock Hop for kids Friday afternoon at Robert Morris School in Batavia

By Billie Owens

The Magic SandBox is holding a Sock Hop from 4 to 7 p.m. on Friday (Feb. 21) for children age 4 to 12 at Robert Morris School, 80 Union St. in the City of Batavia.

Admission is $1 or any monetary donation.

Parental supervision is required. Enter the building from the rear parking lot or the bus loop and follow the signs to the multipurpose room.

The point is to get kids up and moving!

It is hosted by True Wellness of WNY and Jo Coburn, a functional medicine health coach.

Attendees can expect:

  • Healthy movement;
  • Fun;
  • Games;
  • A dance contest;
  • Crazy sock contest;
  • Free prizes;
  • Gently used books;
  • Demo by the Harvester 56 Dance Academy;
  • Healthy snacks;
  • '50s costume contest;
  • Basket raffle;
  • Zumba with Tina Marie demo;
  • And a Refuse to Lose Martial Arts demo.

Email:    themagicsandboxwebazine@gmail.com

Photos: New Farmer's agency opens Downtown

By Howard B. Owens

Jeff and Carolyn Houseknecht opened a new Farmers Insurance Agency office at 214 E. Main St., Batavia, with a ribbon cutting this afternoon.

Aging bridge at South Lyon over the Tonawanda might finally get replaced

By Howard B. Owens

After more than a dozen years of effort by county officials, the aging bridge over the Tonawanda Creek at South Lyon Street may finally get replaced, perhaps sooner rather than later.

The project has been approved for a $498,400 federal grant.

Yesterday, the Public Service Committee recommended approval of a resolution authorizing the county to spend an additional $124,600 from the county's 1-percent share of sales tax and beginning the design phase of the project.

Highway Superintendent Tim Hens said under current terms of the grant, administered by the state, construction can't begin until 2023 but the county will push to accelerate the project.

"We are going to design it as quickly as we can and then we're going to press to have it funded in advance of (October 2022)," Hens said. "It depends on what money is available at state level and in the region. If projects get delayed or something comes in under budget, well, there is a possibility there might be money lying around that we could jump on."

Hens said he first submitted the project for Federal funding in 2006. The funds were awarded in 2007 but then the recession of 2008 meant a cut in spending. He resubmitted it in 2011 but Federal authorities determined that as a single-lane bridge, it didn't warrant saving.

"We argued that the traffic counts are higher than you think they are," Hens said. "We had the city, our city, the DPW, help us out on traffic counts. We had the traffic counts of around 2,500 cars a day at the peak."

The bridge is an important link for traffic between the bridges at Oak Street and at River Street, Hens said. 

In 2014, there were more cuts at the Federal level and it was pulled off the docket again. Hens resubmitted the project in 2017 and was denied funding.

The plan is now, with a grant awarded, to start the design phase immediately, because, Hens said, once money is spent on the project it is less likely to suffer another cut in spending.

"It's posted for five tons now," Hens said. "It's been in pretty rough shape. To make it go another three years might be pushing the limits from an engineering standpoint. It might get to the point where the posting drops enough where you can't get a car over it and it's closed."

The current bridge is Army surplus and was set in place in 1982 and a temporary fix for the old bridge it replaced.

The hope is to design a two-lane bridge. That's tough because the abutment of the current bridge is right under the pavement of South Main Street. Hens said the plan is also to design another truss bridge so that the character of the current bridge is maintained.

Man who pulled BB gun on police officer given eight months in jail

By Howard B. Owens
       Brandon Fogg

A man who threatened a police officer with a BB gun is doing well in drug treatment, according to reports given to Judge Charles Zambito, but that wasn't enough to keep him out of jail for eight months.

Brandon Fogg, 32, pulled out what looked like a handgun while wrestling with a police officer at a location on Cedar Street one night in early June and a citizen intervened and stepped on Fogg's hand.

That intervention may have saved Fogg's life.

A week later, he entered a guilty plea to menacing and since then has been through treatment at Bradford and Atwater and is currently in an outpatient house run by GCASA.

His attorney, Jamie Welch, argued for an intermittent jail sentence given Fogg's success and the potential for disrupting that success with a continuous jail term.

Fogg told Zambito that he's been eight months clean. He thanks Zambito for the chance to go through treatment and giving him his life back.

"Being sober, next to my children, is the most important thing in my life," Fogg said. "I've done everything you've asked of me and I believe I've done well. I stand here another man ready to accept whatever you decide."

Zambito said considering the seriousness of the offense, a jail term that served as a sanction was necessary.

"You mentioned you wanted to commit suicide by cop," Zambito said. "You're lucky that didn't happen because it certainly seems like the officer would have been justified. Even though it was a toy gun you pulled on an officer, only the intervention of a bystander saved you."

Zambito said he didn't believe eight months in jail would disrupt Fogg's path of sobriety.

'A life sentence of eternal sadness' for Paladino family; 20-years-to-life for the man who killed him

By Howard B. Owens

Michael Paladino, who would have turned 44 years old today had he not been murdered by Quinten J. Edmonds on June 1, 2019, was remembered today in County Court as a loving son, brother, and father, but his aunts and mother, who each asked that Judge Charles Zambito give the lifelong criminal the maximum prison term available.

And so Zambito did, 20-years-to-life.

There was no expression of sympathy from the judge, even in response to an apology from Edmonds -- who didn't just react in the heat of the moment to Paladino's attempt to protect two women Edmonds was attacking: he took the time and effort to go to the apartment of an acquaintance on Ross Street and retrieve a knife.

“For whatever reason, you thought you had a score to settle with him," Zambito said. "You say you didn’t intend to kill him but when you stab somebody that many times with a knife, I don’t see how it can be reasonably viewed that you didn’t know he wouldn’t die from those injuries.”

Edmonds had told Zambito minutes before, "I take full responsibility for what happened and I apologize to the victim’s friends and family and to my family. This isn’t who I was raised to be and I didn’t intend to take anybody’s life that night. I was drinking and I took the situation too far and I’m sincerely sorry."

Family members said they will never recover from the death of Paladino.

"The loss of Michael has hurt our family beyond words," said Carol DiFrancisco, an aunt. "There are no more birthday parties, backyard parties, holidays, or other gatherings that will be the same. Our family is forever broken."

At the close of her statement, she said, "Quinten Edmonds has given Michael’s loving family a life sentence of eternal sadness.”

His aunt Nancy Elmore said, "He was a big man, not just from a physical standpoint but from the kindness of heart. His actions on June 1, 2019, will tell you that. Rendering aid to people he didn’t even know without regard to his own safety shows he was a kind, gentle, caring man."

The sister of Paladino's mother, Barbara Fay, read a statement on her behalf.

She said, "The pain will never go away for any of us. I don’t know how I could survive this if not for my loving family you see here. It helped me survive and pushed me forward."

She called Edmonds a brutal criminal who has no regard for human life.

"He should never walk free again to repeat his actions."

The family vowed to show up at his first parole hearing in about 20 years to oppose his potential release.

Throughout today's hearing, except when he was speaking, Edmonds sat motionless in his chair at the defense table and stared straight ahead. He never looked at any of the other speakers.

District Attorney Lawrence Friedman also asked that Edmonds be shown no leniency in sentencing. He questioned Edmonds' claims that he was too intoxicated to know what he was doing and that he didn't intend to kill Paladino.

“He said he got the knife to scare Mike," Friedman said. "He didn’t need to scare Michael Paladino. He was the aggressor in this case and when he got to the corner he could have left. He did not and he got the knife because he intended to kill Michael Paladino."

Edmonds claims he was intoxicated, Friedman explained to Zambito, but he had the presence of mind to know to go to a residence he had been to before. He knew the residence well enough to know where to find a knife in the kitchen. Later, when Edmonds recounted events in his interview with a probation officer, he recalled details that are consistent with what witnesses said and the police investigation showed.  

“There is no indication he was so intoxicated that he was incapable of planning a murder," Friedman said.

Friedman said Zambito's decision was all about how long he wanted to protect society from a person who is committing such a horrible crime.

Defense Attorney Fred Rarick did not request for his client anything other than the sentencing recommendation agreed to at the time of Edmonds' guilty plea in August. He says, however, while acknowledging that his statement would be subject to misinterpretation, that perhaps something good could come from the events of June 1: That rather than first jump into a situation where people are fighting and yelling, people should call 9-1-1 first. If Paladino had done that, Rarick said, perhaps this whole outcome could have been avoided.

That drew a bit of a rebuke from Zambito when he spoke.

“I trust Mr. Rarick is not trying to blame Michael Paladino because that would be an injustice.”

Zambito acknowledged that Edmonds had a difficult childhood. He didn't have a father. His mother struggled to raise him but, Zambito said, Edmonds had a "loving grandmother who tried to raise him right."

Even so, Edmonds' criminal history became when he was 12 years old and he then spent the next 20 years either confined or awaiting confinement.

“You had many opportunities to deal with those issues, issues you had to know you had, and you never did," Zambito said. "That one is on you. It’s one thing to say you come from a difficult background, you were brought up in difficult circumstances. But life isn’t fair and at some point you had to recognize you have a problem. You don’t deserve to live in the community. You’re too much of a risk, too much of a danger to the rest of us and to people like Michael Paladino.”

NOTE: At the end of the proceedings, DA Lawrence Friedman informed the court that during the pretrial sentencing investigation, a records check in Monroe County by the probation department found that the correct spelling of the defendant's first name is "Quinten." He moved to have all court documents corrected. Contrary to previous reports, we've used the spelling "Quinten" in this story.

Sentencing delayed for man who pled guilty in Amber Alert case

By Howard B. Owens

A man accused of taking a teenage girl across state lines was scheduled for sentencing in Genesee County Court today but when his appearance time came, he wasn't in court.

It turns out Guillermo Torres-Acevedo was confused about his sentencing agreement and didn't want to appear until he spoke with the attorney representing him in Federal Court.

He couldn't reach his attorney, Alexander J. Anzalone, a Federal public defender, who was away from his phone because he was in County Court waiting for Torres-Acevedo.

Once the confusion was cleared up, Torres-Acevedo was transported by a deputy from the jail to the courthouse.

Torres-Acevedo was not sentenced today because he has not been sentenced yet in Federal Court, where he's facing from 70 to 96 months in prison.

The 23-year-old Batavia resident, who entered a guilty plea in early December to rape in the second degree, apparently thought he couldn't be sentenced in County Court until after he was sentenced in Federal Court; however, that wasn't the actual plea agreement. His sentencing locally was delayed until after his originally scheduled appearance before a Federal judge but there was no promise that his sentencing would come after that appearance.

His local attorney, Thomas Burns, asked that sentencing for Torres-Acevedo be delayed not just because a locally imposed sentence could affect the upper end of the possible sentence in Federal Court, but also because there are documents he and Anzalone are trying to obtain that could impact the decisions of the judges in both jurisdictions on the defendant's possible sentence.

Burns said both attorneys recently became aware of information that indicated Torres-Acevedo was neglected and abused as a child in Puerto Rico.  Both attorneys are seeking time to obtain documentation from Puerto Rico that would substantiate this claim and that information could have a bearing on sentencing.

Judge Charles Zambito granted the request to delay sentencing to 9 a.m. April 20 but warned Torres-Acevedo that he wouldn't wait indefinitely for the documents to be produced or for a Federal judge to issue a sentence. Zambito said he could very well go ahead with sentencing in April even if the other issues haven't been resolved.

As a precaution, at the request of District Attorney Lawrence Friedman, Zambito signed a "drag order," giving deputies permission to bring Torres-Acevedo to court by force if necessary on April 20. Burns didn't oppose the order but said that since today's initial refusal to appear was just a misunderstanding he was certain the drag order would be unnecessary. 

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Two Rochester men released without bail after allegedly fleeing police appear in City Court today as ordered

By Howard B. Owens
     Denzell Johnson        Shafatiah Miller

Two Monroe County residents, Denzell Johnson and Shafatiah Miller, fled police in the area of Ellicott Street and South Swan one night last month following an attempted traffic stop.

They were eventually captured and Johnson was charged with criminal possession of a weapon on school grounds, obstruction of governmental administration and unlawful fleeing a police officer.

Both men, under the terms of New York's bail reform initiative, were issued appearance tickets.

Social media wags said it was the last we would see of them in Genesee County.

Today, promptly at 1 p.m., they were both in City Court for their arraignments.

Both entered not guilty pleas and were ordered to return to court on March 12.

Judge Durin Rogers placed them on nonmonetary restrictions, such as a requirement to report to Genesee Justice and to report in as requested by the agency. Miller was given a curfew for 7 p.m. to 6 a.m.

Both were admonished that failure to comply with the court order could result in additional nonmonetary restrictions.

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