batavia

Ben Hayes, commissioner of the New York-Penn League, bristles at the idea that has persisted for 10 or more years that he, and the league, want to take professional baseball away from Batavia.

That simply isn't true, he said, during a press conference at the Quality Inn & Suites, Batavia, yesterday, where he introduced Dave Chase as the new general manager of the ballclub.

When asked with a question premised on the idea that Hayes or the league is looking to move the club, Hayes shot back, "It always starts with the assumption that the league wants to move the club. That is the part that I have a hard time with. Is the community supporting the club to the extent that it can? Can it make it on its own? That is really the question.

"This is going to be a really important year. Let's see if we strip it down and we go back to the basics, can Batavia support this ballclub? And if it can, fantastic."

In Dave Chase, the league is bringing in a baseball man through-and-through, with more than 40 years experience both in running organizations and in running the media operations that keep an eye on how baseball organizations operate. He's also been a commission of a college baseball league. He loves baseball and its history.

"Just for the record, guys, the only sport I recognize is baseball," he said. "The other ones just fill up the calendar."

And the baseball played outside of the major markets is the baseball that defines the sport and the nation, he said.

"I don't know if it's still there but at one time when you walked into the gallery Hall of Fame there was a quote above the entrance that said, 'To understand America, study,' and it says, 'baseball.' They left out a piece of the quote. It's 'to understand America study small-town baseball,' and that's what minor league baseball is. So when we talk about the national pastime being baseball, and I do recognize it as the national pastime, it's minor league baseball. I think don't think we're talking about Major League Baseball."

Both Hayes and Chase said repeatedly they hope the fans in and around Batavia embrace the Muckdogs and that Chase will do everything he can to ensure a quality fan experience.

As GM of a minor league team, Chase said he has many constituencies to serve. First is the Miami Marlin farmhands. There are also the fans, league officials, other franchises in the league, and corporate sponsors. He wants all of them to be happy with the team on the field and the experience in the ballpark.

For the Marlins, the priority is getting the field into shape and improve the clubhouses.

Chase and Hayes took a look at the field yesterday morning and they walked the outfield. They're not happy with the condition, they said.

"It looks like some of the maintenance that had been done in recent months or year were not done correctly," Chase said. "As a result, the playing surface of the infield is really rough. I would not want to put my son on it to field a ball and I wouldn't charge a baseball in the outfield either."

Work can't begin 'til spring and Chase indicated he's going to need to have some conversations with the baseball coaches at Genesee Community Collete, Notre Dame, Batavia High School, about field availability this year so that there is time to get the field ready for opening day June 18.

And he wants to meet with the coaches anyway, just as members of the local baseball community.

"I want to hear from other folks who are engaged in baseball," Chase said. "I want to hear from them because what is good for a part of baseball is good for baseball in the long run."

He also wants to hear from the fans.

"I want to hear what they like and do not like," he said. "I'm a one-man show at the moment so I may not be able to respond to them right away but my goal is to talk to them and for them to come and see me. Once we get the office cleaned up a little bit, we will invite people to come out and just talk baseball."

Some of the improvements needed at the ballpark -- cleaning up the office, new infield lights, new equipment in the concession stand -- is an expense the league will need to initially shoulder, Hayes acknowledged. He understands that the city may not have the funds available for infield lighting, but the current lighting doesn't meet league standards. 

Hayes said he has various options to fund upgrades and operations for the Muckdogs in 2018, to make up for any revenue shortfall, but in the long run, if the team ever is sold, those deficits will be covered out of the share of sale proceeds that will go to the Genesee County Baseball Club.

The club, a community nonprofit, has owned the franchise for decades, but after the NYPL declined to allow the Rochester Red Wings an extension on its 10-year operating agreement, the league took over operations of the franchise. The Red Wings are entitled to 50 percent of the sale price; the league would get 10 percent; and the Club 40 percent. But Hayes said costs above revenue will be charged to the Club.

The amount of money the Club gets will play a role in the Club's ability to help recruit and retain a team in one of the region's college summer leagues. 

Chase, who ran such a league, is mindful that is an option for local baseball fans.

"When you run out the New York-Penn, which is a quality short-season Class A league, we think Batavia has a good chance of supporting that, but if they can't, then some other baseball would have the option of coming in here," Chase said, and that option would be a college summer league.

When it comes to the quality of baseball, fans, he said, wouldn't know the difference.

"The young men who play the game, play as hard as ever and the fans get their summer fix of baseball," Chase said. "That that would be the next step. But we're not there yet. I think if the league was there that would have happened already."

It's been more than a dozen years since there has been an off-season without a Hot Stove League dinner, a favorite event with core Muckdogs fans, and when asked about it, both Chase and Hayes perked up and said they had just been discussing such an event at lunch. It may happen yet this off-season, Chase said.

Hayes said he picked Chase to run the club because of his experience and expertise.

"David has been in the business for four decades," Hayes said. "He's operated clubs from the low end to the high end and he knows what the values of professional baseball are and what the important things are."

There are two ways to look at Hayes hiring somebody like Chase. One is, the league wants to improve the financial position of the Muckdogs so the team can stay in Batavia. The other is to improve its curb appeal to help attract a new owner.

"There is a third option, too, and that is can we make this a stable market and can we keep it here," Hayes said. "And I don't think that that question has been completely vetted."

Surprisingly, Hayes said the first priority isn't to make the Muckdogs profitable. He said it was to get the fans more engaged with the team

"Financial viability really is not what I would say the number one," Hayes said, "It is very close to number one, but my closest number one is to make sure that as this situation stabilizes."

When it was suggested that there was a subtext to comments by Hayes that there was a dissatisfaction with how the Red Wing ran the ball club for the past 10 years, Hayes said that isn't the case at all.

"I think that they handled it and they did the job they did," Hayes said. "We've got to take a look at it and see if we can do the same thing if not better. If we can, great, and if we can't then the proof is in the pudding. Two people tried and we brought in two people who can operate a club properly. If neither one of them can do it, then maybe the market can't support it. Maybe that question will answer itself. This is a year for the city to show itself."

Michael S. Ryan is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Aug. 25 at the Premier Genesee Nursing Home on Bank Street in Batavia, he knowingly possessed stolen property -- a credit or debit card belonging to a client of the Le Roy Federal Credit Union.

Kevin G. Viehdeffer is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that he did not personally appear in Genesee County Court on the required date of March 27, or voluntarily within 30 days thereafter. It is alleged in the indictment that Viehdeffer was released from custody or allowed to remain at liberty upon the condition that he would subsequently appear in Genesee County Court.

Ryan P. Isham is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 10 in the Town of Elba that Isham drove a 2011 Chevrolet on Route 262 in Elba while intoxicated. In count two, the defendant is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more. In Special Information filed with the indictment by the District Attorney, Isham is accused of having been convicted of DWI as a misdemeanor on Nov. 15, 2015, in Cambria, Niagara County. That conviction is within 10 years of the crimes alleged in the current indictment.

Danielle N. Webster is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 6 in the Town of Alabama that Webster drove a 2005 Chevrolet on Bloomingdale Road while knowing, or having reason to know, that her driver's license or privilege to operate a motor vehicle was suspended in New York on Aug. 25 pending prosecution. It is further alleged that she was under the influence of alcohol or a drug at a time. In count two, the defendant is accused of driving while intoxicated as a misdemeanor. In count three, she is accused of failure to keep right. In count four, the defendant is accused of moving from lane unsafely. In count five, Webster is accused of moving across hazard lines on the roadway. In count six, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle.

       Jaequele Tomlin

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal possession of a weapon, 3rd. Tomlin was charged as part of the ongoing investigation into a Craigslist scam. Tomlin was allegedly in possession of a blunt-force weapon with the intent to use it against another person. The weapon was not used against any person, according to police. Tomlin, already held on prior charges, was arraigned in City Court and ordered held on this charge on a bail of $10,000 or bond of $20,000.

Ryan Nicholas Bartholomew, 23, of Adams Street, Batavia, is charged with criminal mischief, 3rd. Bartholomew is accused of causing $471.57 in damage to an isolation cell door in the Genesee County Jail by kicking it.

Stephanie Marie Wentworth, 32, of Augusta Street, Rochester, was arrested on a warrant for alleged failure appear. Wentworth was arraigned and held on bail.

Olivia Alisa Ellis, 19, of Ellsworth Avenue, Batavia, is charged with unlawful possession of marijuana. Ellis was charged stemming from an incident reported Jan. 3.

A 16-year-old resident of Batavia is charged with menacing, 2nd, and endangering the welfare of a child. The youth was allegedly involved in a fight on Jan. 21 at an unidentified location in Batavia. He allegedly threatened another person with a knife.

Rajea Shaiek Thomas, 29, of Sutorius Drive, Rochester, was arrested on a warrant. Thomas turned himself in after learning of the warrant. No further details released.

Matthew J. Bean, 50, of Countryside Lane, Depew, is charged with DWI, driving with a BAC of .18 or greater, refusal to take a breath test, and driving left of pavement markings. Bean was stopped at 5:09 p.m. Thursday on East Main Street, Batavia, by Deputy Robert Henning.

Kirk Anthony Breemes, 29, of Main Road, Le Roy, is charged with criminal contempt, 1st, harassment, 2nd, and criminal mischief. Breemes allegedly violated an order of protection and fought with another person and also damaged walls and doors during the altercation.

Xavier Malik Hand, 21, of Garibaldi Avenue, Oakfield, is charged with criminal contempt, 2nd. Hand allegedly left voicemail messages on another person's phone in violation of a court order.

Richard H. Wahl Jr., 51, of West Main Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and no seat belt. Wahl was stopped at 8:42 p.m. Jan. 21 on West Main Street, Corfu, by Officer Richard Retzlaff.

Louis Warren, 64, of West Broad Street, Rochester, is charged with aggravated unlicensed operation and speeding. Warran was stopped at 2:14 p.m., Jan. 19, on Alleghany Road, Village of Corfu, by Officer Jacob Gauthier.

Daniel L. Schmiegel, 32, of Basom, is charged with menacing, 3rd, unlawful imprisonment, coercion, grand larceny, 4th, unauthorized use of a vehicle, criminal possession of a controlled substance, and harassment, 2nd. Schmiegel was arrested by State Police following a reported incident at 7:58 p.m., Saturday. He was ordered held on bail. No further details released.

Matthew C. Strobele, 39, of Oakfield, is charged with DWI, refusal to take breath test, criminal possession of marijuana, 4th, driving a vehicle without an inspection sticker, failure to keep right, driving left of pavement marking and speeding. Strobele was stopped at 10:55 p.m. Friday by State Police in the Town of Ridgeway.

Amanda E. Dalrymple, 27, of Warsaw, is charged with petit larceny. Dalrymple is accused of stealing at a location in the Town of Batavia. No further details released.

Jessica L. Stranc, 21, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Stranc was stopped by State Police at 12:17 a.m. Thursday on Route 77, Darien.

To open a public meeting hosted by Ward 4 and Ward 5 city council members Al McGinnis (left) and Kathy Briggs (right), World War II veteran Ken Dehm was honored with a plaque. Presenting the plaque, above, is Legislator Gary Maha, and joining in the presentation, Councilman Bob Bialkowski.

Dehm served in the Atlantic Theater in the Navy aboard a seaplane tender. The seaplanes hunted German U-boats.

Following the presentation, the floor was open to the dozen or so Ward 4 and Ward 5 residents who turned out for the meeting and they asked questions of McGinnis, Briggs, Bialkowski, Maha, and Police Chief Shawn Heubusch.

John Roach ran the meeting and made a few comments himself along the way. Capt. Bob Fix, City fire, also made a short presentation on fire safety and burn pits in the city.

The first topic raised was the anticipated methadone clinic at GCASA (Genesee/Orleans Council on Alcoholism and Substance Abuse Inc.)

Heubusch addressed the issue and as the city's top cop said he has no concerns about the clinic and said he believes it will benefit opiate addicts living in our community.

He said such clinics are proven to reduce crime in communities where they are established and that currently any person going through methadone treatment must travel to Rochester or Buffalo for their maintenance dosage.

The new clinic will allow them to get help closer home and make treatment available to more local addicts. The new clinic will not mean addicts will travel here from outside Genesee, Wyoming or Orleans counties because all of the other surrounding counties have clinics.

"Historically speaking, this is a known and proven program that has been around since the 1970s that will help people addicted to opiates," Heubusch said. "I can’t speak in detail about the scientific accuracy of that. All  I can tell you is it works. It’s been proven to work."

The next issue raised was the possibility of restoring and saving the stone pillars at the entrance to Redfield Parkway.  

Redfield resident Jim Owen is an advocate for the project and argued the pillars are of aesthetic and historic significance to the entire community. Other residents at the meeting disagreed and said they didn't want tax dollars spent on the project.

The City Council has authorized a $4,000 study by an engineering firm to find out what is needed to save the pillars. 

"It's a complicated issue and we can't go any further without more information and cost estimates," McGinnis said.

Former Legislator Ed Dejaneiro asked if any of the $17 million the county will have in the bank from the sale of the County Nursing Home will go to infrastructure needs in the City of Batavia.

Legislator John Deleo, who had taken a seat in the audience a few minutes earlier, was invited at that point to take a seat at the front table.

He said the Legislature will triage the county's infrastructure needs and prioritize how the $17 million will be spent. That could include city projects if they rise to the top of the priority list.

Maha raised the issue of the South Lyon Street Bridge and read a letter he had received from County Highway Superintendent Tim Hens about replacement of the bridge.

The abutments for the bridge were built in 1950 and the current bridge was installed on top of those abutments in 1982. It's the abutments that are deteriorating.  Hens said the bridge is safe. The county has been applying for federal funds to replace the bridge for several years. The cost is an estimated $3 million.

Complications with bridge replacement include the fact that the south abutment is actually under South Main Street. There is also an area that was likely a burial ground during the War of 1812 for victims of either a cholera or typhoid epidemic. Hens said he didn't think any bodies will be found, but archeological work will be required.

The new bridge will likely need to be two lanes, which will mean purchasing at least one house (perhaps through eminent domain) on the north side of the Tonawanda Creek.

An audience member advocated for going to a strong mayor form of government. Bialkowski said right now the city must abide by the city charter, which mandates a city manager, so the Council will seek to hire a new city manager.

If residents would rather have a mayor, Bialkowski said, it will take a petition drive and a charter committee made up of local residents.

“That's up to you the citizens to decide," Bialkowski said. "It’s not up to us.”

Another topic was the proposed apartment complex on East Main Street with one resident complaining there are too many apartments in Batavia.

Roach jumped in on that one and noted that when the project was going through the planning process, nobody showed up to oppose it.

He delivered a long statement about the need to get involved, otherwise, you may not get what you want out of the city.

"If you don’t show up then I would say shut up," Roach said. "Be there. Show up. Speak up. Say something. A half year later doesn’t count."

Chief Shawn Heubusch

Councilman Al McGinnis standing and Councilwoman Kathy Briggs seated.

Councilman Bob Bialkowski

Ed Dejaneiro and Kathy Owen

Press release:

The Batavia Police Department announced on Thursday that it has joined the SafeTrade initiative for safer completion of online transactions.

SafeTrade is a simple program for police and sheriff’s departments to encourage transactions at their facilities; for classified sites to strengthen their safety and security initiatives, and for users to insist on “SafeTrade” by conducting their transactions only at a local police or sheriff’s office.

The Batavia Police Department is excited to partner with SafeTrade to provide a safe location for the residents of Batavia when conducting online transactions. Our goal is to make Batavia a safe community, and to provide unique services to attain that goal. Partnering with SafeTrade is one of those programs. 

The SafeTrade logo can be used (without charge) on any ads posted; by classified websites, newspapers and publications to promote safety and security, and by police departments to indicate they are hosting SafeTrade online transactions.

In the past few months, a number of U.S. police departments have offered to host online transactions, most of them referring to Craigslist as the reason. Participating police departments can now post banners or use logos referring to their facilities as SafeTrade Stations.

Additional information is available at www.safetradestations.com.

Dave Chase is the new general manager of the Batavia Muckdogs and the way Chase sees it, it's a sign of the New York Penn League's commitment to Batavia that a veteran baseball man with his level of experience has been hired to be the team's general manager for 2018.

This season running the Muckdogs will be the 41st in baseball for Chase. His career includes stints with six minor league baseball teams, work in a baseball broadcast booth, a term as commissioner of the Prospect League, 14 years as director of the Minor League Baseball Museum, and 17 years as publisher of Baseball America.

"I've done just about everything in baseball," Chase said. "I've taken on teams that were just starting out and those going through internal changes, so when I heard the New York Penn League was taking over the franchise in Batavia, I reached out to Ben Hayes (president of the NYPL) in early December and told him if he needed somebody to come and unlock the gates every couple of days, I'd be happy to do that."

Chase said he's been hired to do more than just unlock the gates. When asked about the NYPL's commitment to Batavia, he noted the team could have been moved this season or the league could have hired an inexperienced manager to come and unlock the gates on game days.

"My marching orders from Ben Hayes is to make sure we present a solid fan experience and a solid experience for the Marlins players," Chase said. "That could have happened in other places. That could have happened in other places in 2018. But Batavia is where the NYPL wants to be."

Chase steps in to run a team that has had the executioner's ax hanging over it for more than a decade, with every mid-June opening game bringing fans to the ballpark wondering if this could be the final year for professional baseball in Batavia.

In a short conversation, Chase didn't talk like a man coming in to be a caretaker for a final season in Batavia. Though neither did he pretend he could speak for Hayes and the league's directors.

"My primary focus is to take care of the Miami Marlins players and make sure they have a quality experience in Batavia," Chase said. "It's also my job to re-establish the team in the mind of the fans."

For the past 10 season the Rochester Red Wings have operated the Muckdogs but in October, the league declined a request by the Red Wings and the Genesee Genesee County Baseball Club to continue that arrangement.

In December, the Club announced it transfered control of the franchise to the league. If the team is ever sold, 50 percent of the proceeds will go to the Red Wings (which gained a 5-percent share of the sale price during its 10 years of operation of the team), with the league getting 10 percent, and the Club will receive the remainder of the proceeds. The Club retains ownership of the team name and logos.

Chase hasn't visited Batavia yet -- he arrives Sunday and will hold a press conference Monday -- and asked if this was a turnaround effort, he said it was partly that but also partly like running a startup business.

He said it is his understanding that "there's not much left in Batavia."

He noted that there are apparently needs at the ballpark to be addressed, citing specifically the playing field and clubhouses. 

He said the team's loyal fans can expect him to work to deliver a quality ballpark experience.

"I met my wife in Durham (N.C.), so I understand the power of the ballpark," Chase said. "Baseball is not like any other sport. It's all about community. It's about bringing the community together. There are not many cities in the country like Batavia and the team has been there for a very long time, since 1939. We want to make sure the Batavia fans understand this is their team. We want to honor that tradition."

Brandi Ann Watts, 37, of Indian Falls Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, inadequate stop lamp, and possession of an open container in a motor vehicle. Watts was stopped at 2:42 p.m. Sunday on Washington Avenue, Batavia, by Deputy Richard Schildwaster.

Timothy Jon Montesano, 30, of Gilbert Street, Le Roy, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, muffler violation, and failure to stop for stop sign. Montesano was stopped at 10:28 p.m. Thursday on Main Street Road, Batavia, by Deputy Andrew Mullen.

Matthew Ian Thomas Diers, 34, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court.

David P. Grossman Sr., 34, of State Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court. He was jailed on an unspecified amount of bail.

Brad Lee Ohlson, 40, of Pearl Street, Batavia, is charged with aggravated unlicensed operation, 2nd. Ohlson allegedly drove to Genesee County probation on a revoked license.

Kirk Anthony Breemes, 29, of Main Street Road, Le Roy, is charged with criminal contempt, 2nd. Breemes allegedly shook a woman causing fear in violation of a court order.

State troopers have a new tool in their aviation toolbox, Capt. Scott Reichel told members of the media assembled at the Batavia Barracks today, where a new program to deploy 18 drones across New York State was announced.

The first two drones were purchased as a pilot project by the State Police. The next 16 were purchased by the Trooper Foundation and donated to the State Police.

Reichel said the program will be evaluated for efficiency and effectiveness, which could determine whether to expand the program or purchase higher-end drones with more capabilities.

The DJI model being deployed, with all accessories, costs about $7,000 each.

"We picked this model because it's a good, proven platform, good airworthiness, pretty good capability to operate in cold weather, and they're used in cinematography and photography, so they have a good camera system," Reichel said.

They will be used in search and rescue missions and criminal investigations. They will also be tested in accident reconstruction, though that requires the purchase of additional technology, but Reichel said the drones could potentially help get accident scenes clear sooner by speeding up the investigation process.

"One reason we picked this drone is cost," Reichel said. "One of the things we wanted to be able to do was deploy these across the state. It doesn’t do any good for the State Police to have one drone to service the entire state of New York. We were able to acquire 18 of these and we’ll be able to put two in each troop."

There is technology available that could help with locating marijuana grow operations, an operation now handled by state police helicopter pilots, but State Police have not yet purchased cameras with that capability. Nor do the cameras have thermal imaging technology.

"The intention is not really to use these for marijuana eradication at this point," Reichel said. "This is more for support of police operations as they're evolving, more a response-type tool."

The goal is to have four to six troopers in each troop, excluding Troop T, which will be covered by the other troops for drone operations, certified to operate the drones.

To be eligible for considerate, a trooper must first become Part 107 certified by the FAA on his or her own time. If accepted into the program, the trooper will go through another 32 hours of training.

There are policies and procedures troopers must learn and obey. All of the same rules that apply now to searches and privacy will apply to drone pilots, Reichel said.

"As always, we safeguard people’s privacy," Reichel said. "That’s the way the State Police operates. We’ve established a privacy policy that governs our use of the drones. We discussed it with the New York Civil Liberties Union. The drone is not intended to circumvent any legal process that we already comply with, so it’s just another tool in the toolbox."

Zone Sgt. Corey Harmon

     Marlek Holmes

Unless sexual predator Marlek Holmes violates the deal he made today, we shouldn't see him in Genesee County for a long time.

Holmes, who missed the start of a trial date earlier this week after corrections officers wouldn't transport him from Auburn to Batavia, agreed today to drop all his appeals in exchange for consecutive five-year prison terms on his assault convictions and the potential dismissal of his indictments on charges of 2016 of failure to register a change of address as a sex offender.

We also learned today why prison officials wouldn't transport Holmes from Auburn to Batavia until Monday, Tuesday or Wednesday. In preparation for his transport, he was placed in a chair that is also a metal detector. It's capable of detecting a metal object inside a human body up to six inches deep. If such an object is detected, District Attorney Lawrence Friedman said, the inmate is placed in solitary confinement and monitored to see what, if anything, comes out.

"Today they would have run him through that process again, and obviously the fact that he was here meant that he cleared the test," Friedman said. "But that's why he wasn't here for the trial because they are they are not able to transport somebody until they resolve the situation because obviously, it could be could be drugs, could be a weapon, could be a key, and they can't, for safety, they just absolutely cannot transport the person."

With Holmes cleared for transport today, Judge Charles Zambito scheduled a hearing on whether Holmes qualifies as a persistent violent felony offender, which, if Zambito made that finding, Holmes could have faced longer consecutive prison sentences on his assault convictions.

Before the start of the hearing, Fred Rarick, attorney for Holmes, asked to approach the bench. He informed Zambito his client was ready to accept a deal previously offered by Friedman.

After the hearing, Friedman talked about the need to secure a long sentence for Holmes.

"He has an unbelievably extensive criminal history involving a lot of serious crimes and that's why we took this all very seriously," Friedman said. "That's why he's now serving 25 years."

Finalizing the details of the agreement was a long process for Zambito to wade through -- the legal language and process and paperwork -- but Holmes, who a week ago used foul language in court, was in seeming good spirits and smiled and nodded a few times as he spoke quietly with his attorney.

In the 20-year period from 1995 to 2015, Holmes, now 43, spent most of his adult life -- 15 years -- in state prison. His 1995 conviction was for criminal possession of stolen property, 4th. Then in 2001, he was convicted of sexual abuse. In 2011, he was accused of sending sexually explicit photos to a girl.

Back in Batavia in 2015, he was soon charged with failure to register a change of address as a sex offender. He was charged again in 2016.

In 2016, he was also charged with sexual abuse, a charge that eventually led to a guilty plea (he was facing a possible life sentence) and a 15-year prison term.

In 2017, he was tried on two counts of assault in the second degree for assaults of fellow inmates in the Genesee County Jail and on criminal mischief for damaging jail property. A jury convicted Holmes on all counts.

It was those convictions that prompted the need for a hearing on his persistent violent felony offender status.

Friedman agreed that Holmes is one of the most hardened criminals he's prosecuted during his career.

"I would say, yes," Friedman said. "Not only because of the number of crimes he has been convicted of and the number of state prison sentences he has served, but also because of the nature of some of these crimes, the sex offenses."

Today, Holmes stipulated that he would drop his pending appeal on his sexual abuse conviction and not appeal his assault conviction or sentence. Legally, he can still proceed with appeals, but if he does, Friedman will be able to bring him back to court and start again on a trial on the failure-to-register charges.

Holmes also stipulated that he is second violent felony offender.

The agreement could also mean the dismissal of a pending misdemeanor indictment on a count of criminal contempt.

Near the end of the proceedings, as Zambito proceeded with the standard language that Holmes has 30 days to file a notice of appeal, Rarick was clear with his client and the court that if he files a notice of appeal, or anybody does it on his behalf, the deal falls apart and Holmes will be back in court facing the pending indictments on failure to register and criminal contempt.

With a total of 25 years in prison terms, Holmes could be eligible for parole after 2038. When he is paroled, either in 2038 or later, he will be on parole for 10 years.

Financing for developer Savarino Companies on the Ellicott Station project should close by mid-to-late March, according to Economic Development Coordinator Julie Pacatte.

Pacatte reported progress on the project to the Batavia Development Corporation board of directors this morning. 

The complicated financing deal to pay for the $18 million development, which includes a restaurant/brewery, apartments, and office space, includes some of Savarino's own money (about $3.5 million), grants, tax credits, and private investment (about $10 million) through a program called a New Market Tax Credit.

Empire State Development has promised $1.9 million for the project and has agreed to release the funding in stages to help pay for the project as it proceeds. ESD will get back 1 percent of the grant money as a "commitment fee."

That grant is administered by the BDC.

There is also a $500,000 grant from the state administered by the City as part of the Restore NY program.

The project will also receive tax abatement through Genesee County Economic Development Center.

There is also one brownfield tax credit already granted through the state because of the environmental cleanup needed at the former Della Penna property.

There is an application pending for the former Santy Tires property.  

Pacatte said the DEC requested more information on the possible environmental contamination on the property, indicating not enough evidence has been presented yet that the property has enough contamination to warrant the tax credit.

None of the environmental tests on the property done so far were taken inside the old repair bays.

"It was a repair shop for 50 years, so there really is no worry that it's dirty," Pacatte said. "The DEC just asked for more documentation."

Last month, Savarino acquired Ellicott Station LLC, the corporation set up by the BDC to take title to the two parcels on Ellicott Street, and when the financing closes, will pay the remaining $55,000 of the $60,000 purchase price to the BDC.

      Marlek Holmes

Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.

District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.

For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.

Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.

As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions. 

"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."

Monday night is training night for most volunteer fire departments but last night in East Pembroke it was gear inspection night.

For the first time, the annual inspection was conducted in the department's new $3.5 million fire hall.

East Pembroke isn't running calls out of the hall yet. They're not quite settled in. The Internet was just hooked up today. The emergency radio has yet to be installed. And there is a lot of equipment yet to move over from the old hall. Chief Don Newton expects the new hall to be in service in about three weeks.

The department will host an open house in the early spring.

Gear inspection is all about ensuring there are no holes, tears or worn spots in any of the three layers of a firefighter's suit that provides thermal protection.  

Newton explained that East Pembroke buys three sets of gear -- boots, hat, jacket, pants and gloves -- every year. That's an annual cost of up to $17,000.  

But it's got to be done. Worn and damaged gear is a danger to firefighters and state regulations require interior firefighters to use gear that is less than 10 years old.

East Pembroke is starting to rotate interior gear every eight years. That leaves two years of life left on the old gear. It can by used by new volunteers while they go through training and it provides back up gear for a firefighter who might wind up with damaged gear before new gear is purchased.

Monday, members also brought in their Class A uniforms for inspection and inventory.

An example of a hole torn in a layer of thermal protection. This suit was being taken out of service.

The new hall has six bays, with two additional backdoors. Those two longer bays can potentially hold two trucks, giving the hall the capability of parking eight trucks.

      Anthony Miraglia

Anthony L. Miraglia, 18, of Byron, is charged with sexual abuse, 3rd, unlawful imprisonment, 2nd, forcible touching, and endangering the welfare of a child. State Police Bureau of Criminal Investigations investigated multiple reported incidents in Genesee County from May 2016 to July 2017. The victims ranged in age from 15 to 17 at the time of the alleged incidents. Miraglia was released on his own recognizance. Investigators believe there may be other possible victims. Anybody with information is asked to contact the State Police at (585) 344-6200.

Winston Ashton Lockhart Sr., 22, of Hutchins Street, Batavia, is charged with assault, 3rd, aggravated criminal contempt, criminal mischief, burglary, and strangulation, 2nd. At 1:39 p.m., Jan. 16, officers were dispatched to a residence no Holland Avenue to investigating a complaint that Lockhart had violated an order of protection. Upon further investigation, officers determined Lockhart allegedly committed numerous crimes and had left the scene. Lockhart was located at the Genesee County Courthouse and placed under arrest. He was jailed without bail.

Matthew Wesolowski, 23, of Burrough Road, Cowlesville, is charged with aggravated unlicensed operation, unregistered motor vehicle, and unlawful possession of marijuana. Wesolowski was stopped at 9:17 a.m. Thursday on Liberty Street by Officer James Prusak.

Michael D. Smith, 18, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and inadequate headlights. Smith was stopped at 9:01 p.m. Jan. 16 on West Main Street, Batavia, by Sgt. Chris Camp.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal mischief, 4th, and assault, 3rd. Jaequele allegedly attacked another person and damaged property belonging to that person in an incident reported at 11:14 a.m. Saturday. Tomlin is being held in the Genesee County Jail.

Kurt M. Golata, 37, of Oakfield, is charged with harassment, 2nd. Golata was arrested by State Police in relation to an incident reported at 5:50 p.m. Monday in Oakfield. No further details released.

Marlek Holmes

County Court should have been filled with prospective jurors this morning, ready to be considered for a seat in the jury box in the trial of the People vs. Marlek Holmes on a charge that he failed to register a change of change of address in 2016.

Instead, the courtroom was empty while County Court Judge Charles Zambito, District Attorney Lawrence Friedman, and Fred Rarick, representing Holmes, met in chambers.

When they came out, all Friedman said he could say was that the jury selection would not start today because Holmes was not transported from Wende Auburn Correctional Facility where he is currently being held. Friedman said he could not discuss why Holmes was not transported.

The court will try to start the trial tomorrow, and if it doesn't, officials will try again on Wednesday.

Friedman said that if the trial doesn't start by Wednesday, it's too late for this week.

There is also a hearing scheduled for tomorrow on whether Holmes qualifies as a persistent violent felony offender for the purpose of sentencing on his jury trial conviction on two counts of assault in the second degree and criminal mischief. Holmes assaulted a fellow inmate at the Genesee County Jail.

For that hearing to proceed, Holmes will need to be present.

Holmes, 43, is already serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He was already a registered Level 3 sex offender.

Last week, Holmes was in court and reportedly used profanity during the proceedings. 

In his appearance before that, Holmes sought a delay in his trial, because, he said, being in transit between prisons meant he didn't have access to all of his paperwork and to a law library. Zambito denied the request.

CORRECTION: Holmes is currently being held at Auburn. He was scheduled to be transferred to Wende during the trial.

Shannon Marie Denison, 34, of Colony Run, Attica, is charged with petit larceny. Denison is accused of shoplifting from an undisclosed location on Veterans Memorial Drive.

Nicholas Christian Doell, 27, of Lippold Road, Darien, is charged with criminal contempt, 2nd. Doell allegedly violated a stay away order of protection at 3:20 p.m. Sunday.

James Courtney Presley, 35, of Frances Street, Rochester, is charged with aggravated unlicensed operation, no tail lamps, and driver's view obstructed. Presley was stopped at 10:10 p.m. Wednesday. He was jailed on $250 bail or $2,500 bond.

Kenneth D. Barnhardt, 51, of Mt. Morris, is charged with unlawful possession of marijuana and speeding. Barnhardt was stopped at 3:52 p.m. Saturday on Route 33 in Stafford by State Police.

Carl T. Amesbury, 25, of East Bethany, is charged with petit larceny. Amesbury is accused of shoplifting from a location in the Town of Batavia. He was arrested by State Police. No further details released.