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Two men accused of beating up friend on Friday morning

By Howard B. Owens

A pair of Batavia men are in jail, held on $10,000 bail each, charged with burglary and assault for allegedly refusing to leave an apartment and beating up the occupant.

The two men were apparently friends with the victim.

The alleged incident happened yesterday at 4:47 a.m. The apartment is located on East Avenue.

Taken into custody were Daniel J. Gilbert, 18, of 10 Tracy Ave., and Dustin N. Garrett, 20, of 24 Tracy Ave..

Arresting officers were Frank Klimjack and Daniel Coffey.

Bicyclist struck by car on Ellicott Street Road, Batavia

By Howard B. Owens

A bicyclist has been struck by a car at Ellicott Street Road and Swan Street.

The victim is still down and reportedly bleeding from his head.

Batavia Fire and Mercy EMS have been dispatched.

UPDATE: Patient transported by ground ambulance to UMMC. Fire and police clear scene.

Richmond Library honors RSVP at 'Friend of the Year Reception'

By Daniel Crofts

The Richmond Memorial Library, 19 Ross St., invites people to a reception on Friday, April 16 honoring RSVP (Retired Seniors Volunteer Placement) of Genesee County.

The reception starts at 3:30 p.m. and will be held in the library's Gallery Room. The presentation of the award will be at 4 p.m.

Please contact the library at 343-9550 with any questions.

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'Fancy Nancy Tea Party' for kids and parents at Richmond Library

By Daniel Crofts

The Richmond Memorial Library, 19 Ross St., will hold a tea party for preschoolers and their parents at 11 a.m. Friday, April 16.

The tea party is being held in celebration of National Library Week and will include crafts, refreshments and gift bags. Parents and kids should put on their fanciest clothes for the occasion.

Registration is required and can be done at any time. Please contact the library at 343-9550, ext. 4, for more information.

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Author Joan Murray will do a poetry reading at Genesee Community College

By Daniel Crofts

Joan Murray -- author, poet, editor and playwright -- will do a dramatic poetry reading at GCC's Batavia Campus from 7 to 8 p.m. on Thursday, April 22.

The reading will take place in the Stuart Steiner Theater, followed by a book-signing. Copies of Murray's work will be available for purchase. 

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'EcoFest' at Genesee Community College

By Daniel Crofts

Genesee Community College invites people to celebrate Earth Day at EcoFest, which is free and open to the public.

This event will be held at the Batavia campus on 1 College Road, from 10 a.m. until 2 p.m. on Saturday, april 17. Features will include stage shows, a live wildlife show, street cleanup, a book drive, an electronics recycling drive and an "old sneakers" drive.

Please contact Donna Rae Sutherland at 343-0055, ext. 6616, for more information.

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Scenes from an Italian Restaurant

By Tiffany Barber

A few weeks ago my I had the pleasure of having dinner at Delavan's. I had heard good things about the restaurant but had never been so we decided to check it out. First off don't let the location stop you from going. True it isn't the best place for a restaurant; parking isn't optimal but trust me it will be worth it.

The first thing I noticed was the inviting atmosphere. The building Delavan's is in was once a home - and it still feels that way. Great local artwork is displayed that makes you want to get up and look around. The lighting is soft and even the music was great, a nice variety of acoustic versions of popular songs from years past and even today. The tables were covered with red checked tablecloths, perfect for an Italian place.

The menu although small did have a nice selection. I chose the eggplant parmesan while my dining partner selected the seafood fra diavlo. Our dinners were accompanied by a choice of soup or salad and excellent Italian bread which was served warm (a requirement for me to believe a restaurant knows what they are doing). My only complaint was that my eggplant could have used a touch more seasoning. The fra diavlo was fantastic, the seafood was fresh the sauce having just the right amount of kick. Another pleasant surprise was the wine selection - quite good for a small local restaurant. Unfortunately we were too full from dinner to enjoy any dessert so I'll have to judge that the next time we go.

Richmond Library holds 'American Girl' program on Saturdays this month

By Daniel Crofts

Girls age 7 and up get a chance to celebrate being a girl with crafts, outdoor activities and other projects at the Richmond Library.

The library's "American Girl" program, based on the popular children's book series, will be held from 1:30 to 2:30 p.m. on April 10, 17 and 24.

Here are the names of the sessions:

4/10 - "Meet Julie"

4/17 - "Meet Lanie"

4/24 - "American Girls & their pets"

Please contact the library at 343-9550, ext. 4 for more information.

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Richmond Library holds 'American Girl' on Saturdays this month

By Daniel Crofts

Girls age 7 and up get a chance to celebrate being a girl with crafts, outdoor activities and other projects at the Richmond Library.

The library's "American Girl" program, based on the popular children's book series, will be held from 1:30 to 2:30 p.m. on April 10, 17 and 24.

Here are the names of the sessions:

4/10 - "Meet Julie"

4/17 - "Meet Lanie"

4/24 - "American Girls & their pets"

Please contact the library at 343-9550, ext. 4 for more information.

Batavians out enjoying the summer-like Sun in April

By Howard B. Owens

Kristen Anderson catches a Frisbee tossed by her friend Steve Martino (below) while they were out enjoying the sun at Centennial Park this afternoon with their friends Lauren Rohan and Katie Porter (not pictured) and dogs Tucker and Milo.

Above, Ian Fuchs, 7, helps with the family car wash on State Street.

An unidentified bicyclist tooling down Washington Avenue.

Police Beat: Alleged DWI arrest follows after cop observes suspect in store

By Howard B. Owens

John P. Vanderzell, 62, of 9732 Summit Street Road, Le Roy, is charged with DWI and aggravated DWI (driving with a BAC of .08 or greater). Vanderzell was reportedly observed at a store in Le Roy by Sgt. Michael J. Hare in an intoxicated condition. Sgt. Hare then reportedly observed Vanderzell get into his car and drive away. Sgt. Hare stopped Vanderzell and arrested him for alleged DWI.

Kyle B. Bacon, 19, of 679 E. Main St., Apt. 4C and Ryan T. Nugent, 19, same address, are charged with unlawful possession of alcohol by a person under 21. Batavia Police were dispatched to 679 E. Main St., Apt. 4C to check a report of underage drinking. Upon arriving, police allegedly found Bacon and Nugent in possession of alcohol.

Robert L. Drozdowski, 28, of 15 Washington St., Castile, is charged with criminal contempt, 2nd. Drozdowski was reportedly issued a stay away order out of City Court, which he allegedly violated by contacting the subject person by leaving voicemails on the person's mobile phone.

Accidents reported on the State Police blotter:

2:04 p.m., March 31, Boyce Road, Pembroke, one vehicle; Driver 1: Daniel M. Johnston, 58, of Corfu. No injuries reported.

Wide loads snarl traffic in Downtown Batavia

By Howard B. Owens

Seven or eight trucks carrying wide loads, along with multiple escort vehicles, passed through Batavia on Main Street this morning.

At about 11:30, traffic was tied up between Ellicott and Oak streets, as at least four police cars were used to block traffic, allowing the convoy to pass safely along the route.

The trucks appeared to be hauling windmill parts.

Police Beat: Man accused of breaking up items in mother's home

By Howard B. Owens

Sath Paul Dhanda, 29, of 5458 Clapsaddle Road, Bethany, is charged with criminal mischief, 4th. Dhanda was arrested at 12:30 p.m., Wednesday, after his mother phoned in a complaint about him allegedly breaking items in her home. Dhanda was allegedly drunk. He reportedly threw a sewing machine and knocked over two television sets. He was jailed on $5,000 bail. This is the fourth time Dhanda has been arrested since October.

Farah St. Cloud, 18, of 1196 Lake Ave., #2, Rochester, is charged with disorderly conduct. St. Cloud is accused of engaging in violent and threatening behavior by attempting to fight with other residents at College Village. During the 3 a.m. incident, St. Cloud reportedly had to be held back by roommates and College Village staff.

Joshua Cordero McIver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with criminal trespass, 3rd. McIver was reportedly at College Village after being banned from the property.

Ricky A. Marsceill, 45, of Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Marsceill was stopped by State Police at 11:10 p.m., Tuesday, on Route 33 in Stafford.

Justin M. Quaintance, 18, of Bergen, is charged with grand larceny, 3rd. Quaintance was arrested Tuesday by State Police on charges that stem from a Sept. 26 incident. No further details were released.

Tanya M. Tomlin, 41, of Batavia, is charged with petit larceny and criminal impersonation, 2nd. Tomlin is accused of shoplifting from Kmart at 12:55 p.m., Tuesday. She was arrested by State Police.

Jeffery D. Appleberry, 33, of Rochester, is charged with unlawful possession of marijuana. Appleberry was stopped by State Police on the Thruway in Stafford at 10:30 p.m., Monday.

AmeriCorps hosts 'DeWitt Park Wildlife Planting Project' in Batavia

By Daniel Crofts

Genesee County AmeriCorps will host a planting project at Batavia's DeWitt Recreation Area, 119 Cedar St., on April 24 from 9 a.m. to 3 p.m. Around 50 volunteers are needed.

The goal of this project is to remove invasive plant species from the park and to raise plants designed to reduce soil erosion, provide the wildlife with food and shelter, and give visitors something more aesthetically pleasing to look at.

Supplies and water will be available, but volunteers are encouraged to bring their own water as well.

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UMMC marks construction milestone with ceremony

By Howard B. Owens

To commemorate the last steel beam being put in place on UMMC's $19.5 million expansion, the hospital held a "topping off" ceremony this afternoon.

A worker placed a flag -- for national pride -- and an evergreen tree -- for growth -- atop the beam.

The beam was painted white and signed by employees, administrators and board members.

When completed, the expansion will add 44,000 square feet to the front of the hospital on the North Street side. Construction is expected to be completed in December.

Wilson Verdict: Guilty on both counts

By Howard B. Owens

(Updated 4:10 p.m.)

Reginald M. Wilson passed up a plea deal that would have limited his prison time to two- to four-years in State Prison on a charge of criminal possession of stolen property.

This afternoon, a jury convicted him of burglary, 2nd, and criminal possession of stolen property, 3rd, and now Wilson has to wonder if Judge Robert C. Noonan will want to lock him away for life.

Because of Wilson's prior violent felony offenses, his upcoming stint in prison won't be a short one either way.

On the burglary charge, Wilson is facing a possible 5 to 15 year sentence. The possession charge carries a maximum sentence of 3 1/2 to 7 years.

District Attorney Lawrence Friedman said he's not ready to indicate whether he will ask Noonan to consider a life sentence.

Noonan set the sentencing for May 12 and revoked Wilson's $100,000 bail, which was never posted.

Wilson showed little reaction when the verdict was read. There were four additional law enforcement officers in the court room when the jury came back. The jury forewoman's hands were visibly shaking when she handed the verdict slip to the court deputy.

Defense Attorney Fares Rumi said he still believes the jury should have returned a not-guilty verdict.

"I felt we put on a strong defense," Rumi said. "I felt we exposed the weaknesses in the prosecution's case. I'm obviously disappointed in the verdict. I didn't feel the People met the burden of proof.  But the law is the law. We have a good system."

Friedman said he was pleased with the verdict, that he felt all along that Wilson was guilty.

"As I told the jury (this morning), I really could not believe that this witness (Dillon Brito) who testified for us, the accomplice, as a 17-year-old, would falsely implicate this particular defendant. I just could not fathom what his motivation would be for doing that. He was consistent. I thought he was believable. Obviously, the jury thought so, too."

UPDATE: After court, I failed to ask Mr. Rumi why he didn't have Gibson and Dash testify. Readers may remember that Gibson and Dash were reportedly willing to say that Wilson did not participate in the burglary.  I spoke with Mr. Rumi again a few minutes ago. He said even though the trial is over, he didn't want to go into detail on his strategy, but it was a strategic decision based on his review of all the statements in the case.  "I still believe it is the right decision."  Also, in a previous story I said Rumi is "from Batavia."  He said he grew up in Batavia, but now lives and is based in Rochester.

For previous coverage of this case, click here.

Muscle car drawing leads to record night for Batavia Downs

By Howard B. Owens

The joint was hopping Saturday night at Batavia Downs, with more than 6,100 patrons on hand for a muscle car drawing and a live band in the Paddock Room.

There were 3.1 million credits played Saturday, and Marty Biniasz, director of marketing, said that is a new record, beating the 2.8 million credits played one night last march.

The muscle car -- a 2010 Camero SS -- was won by a guy named Jim (last name not released) from Le Roy. He opted for the $20,000 instead.

Players eligible for the drawing earned chances to win through play at the casino over the previous seven weeks.

Last year, the an OTB employee won the Dodge Challenger given away by the Downs. This year, Biniasz said, before the winner was announced officials made sure he wasn't an employee of the Downs, of OTB or the dealership sponsoring the contest.

To accommodate the large crowd, the Downs opened up the Paddock Room, where an 80s tribute band played live, and the grandstands were open with TVs tuned either to basketball or the Buffalo Sabres game.

Attorneys make closing arguments in State Street burglary case

By Howard B. Owens

The testimony of Dillon Brito, one of the men who admitted to taking part in a robbery on State Street, Batavia, in September, was the focus of closing arguments for both the defense and prosecution in the trial of Reginald M. Wilson.

Wilson is charged with burglary and possession of stolen property and faces a possible life sentence because of his prior felony convictions if the jury finds him guilty.

The jury began deliberations this morning.

In his summation, Defense Attorney Fares Rumi told jurors that Brito lacked credibility.

"He's a young criminal who took a deal to testify," Rumi said.

District Attorney Lawrence Friedman countered that Brito implicated Wilson when he was first arrested, long before the prosecution offered a plea agreement. Brito's testimony was credible, Friedman said, because his statements were consistent from the time of his arrest to his testimony and even under cross-examination.

"It's not like he tried to accuse Reginald Wilson to save his own skin," Friedman said. "How does implicating Reginald Wilson saves his own skin? Why would he implicate Reginal Wislon when it hasn't been shown he has a motivation to lie? I’m not saying people never lie, but people usually lie for a reason. What was the reason?"

Brito said Wilson asked him to act as a lookout during the break-in and that he saw Wilson enter the residence. Brito also testified that he was with Wilson and the other defendants, Quentin L. Gibson, 25; Joseph D. Dash, 24, when they were showing off the allegedly stolen items.

Wilson's possession of the car that was stolen from the State Street house was also a key part of the closing arguments.

Rumi asserted that the prosecution failed to prove that Wilson knew the car was stolen. He relied heavily on the fact that Wilson drove that car around Batavia the day after the burglary, even hanging out with it on State Street.

"Think about it, men and women of the jury, my client rode around all over Batavia all day," Rumi said. "He wouldn’t have done that if he knew it was stolen. He would have taken it out of town or he would have ditched it."

Friedman told jurors that Wilson obviously knew the car was stolen because he gave differing versions of how he came to possess the car. First he told Toni White that his girlfriend gave it to him. Later he told her it belonged to "Joey."  When he was picked up by police, he reportedly said it belonged to a friend.

Obviously, Friedman said, Wilson wasn't worried about being caught with the car. "He had his story ready," Friedman said.

The car not only proves, Friedman said, that he knowingly possessed stolen property, but it corroborates Brito's testimony that Wilson participated in the burglary.

Following the arguments, Judge Robert Noonan instructed the jury on its role in evaluating facts, what they heard in court and that it is not the juror's job to decide what the law should be. He further explained the law and the scope of the case.

Young driver suffers minor injury in Galloway Road accident

By Howard B. Owens

A 19-year-old driver says she hit an unknown object on Galloway Road yesterday causing her to lose control of her car, sending it over an embankment and into a group of trees.

Ashley N. Rippel, of 1302 Phelps Road, Corfu, suffered non-life threatening injuries and was transported by ground ambulance to UMMC.

The crash occurred at 4:01 p.m.

Rippel was driving a 2001 Plymouth sedan owned by a Batavia resident.

There were no passengers and no other vehicles were involved in the crash.

No citations were issued.

The accident was investigated by Deputy Timothy Weis.

Accident reported at Bank and Douglas

By Howard B. Owens

A one-car accident has been reported at Bank and Douglas in the City of Batavia.

A possible health problem may have been the cause.

No word on injuries.

City Fire and Mercy EMS dispatched.


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