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Deer hit by car in city, dies on Jackson Street

By Howard B. Owens

An eight-point buck dropped dead in the parking lot of Jackson Street this morning.

I was in court and didn't hear the scanner (or see it), but Dan Fischer of WBTA said he was sitting in his studio when he saw a deer trot past Main & Center. 

The buck headed west, turned left on Jackson and then collapsed.

Apparently, it had been struck by a car previously.

It was one of two deer spotted in the city this morning.

Fisher said a hunter came by, tagged it and hauled the buck away.

Not even fire stopped Pauly's from reaching five-years-in-business milestone

By Howard B. Owens

You see Pauly Berardini everyplace. His face is on the side of his ubiquitous delivery cars, on the outfield wall at Dwyer Stadium and various youth sports facilities around town.

It’s been that way in Batavia for five years now.

It’s an audacious bit of promotion, but when Berardini and his partner Dave Stupp decided to open up a pizza joint, they knew they would need strong marketing to stand out in a very competitive town for pizzerias.

“I thought about that (the competitive environment),” Berardini said while slathering tomato sauce on a pepperoni pie destined for a youth sporting event. “I thought about the demographic. I just decided to use my face, my talent and go from there.”

He's done other things with his life – from baking to selling cars – but to hear him talk, it’s clear: 40-year-old Pauly Berardini was destined to be a pizza man.

“I went to food service at BOCES and I learned how to frost cakes and make pancakes,” Berardini said. “That wasn’t exciting to me. Ever since I was a little boy, just watching that guy throw a pizza in the air – you know, like a kid wants to be a fireman, he sees the fire trucks, I saw a couple of gentlemen who ended up being good friends of mine kind of teaching me the business, and I just decided it was something I wanted to do.”

Pauly was inspired by the pizza men he saw at the legendary Gino’s Pizza. Gino’s was a mainstay at 102 Liberty St. through the 1960s and 1970s. Then the location became Ficarella’s, where Pauly worked for seven years. And that was the location Pauly chose for his own pizzeria when he and Stupp opened for business Oct. 24, 2004.

By all accounts, the original Pauly’s was a successful, growing company, and then tragedy struck – the kind of turn of events that has put many people out of business – fire.

An early morning blaze on March 21, 2007 destroyed Pauly’s on Liberty. The cause of the fire was never determined, but it meant that three businesses lost their locations. The old place -- behind the former Mother’s Chicken ‘n’ Fish building  -- is now a parking lot. 

Apparently, the two other businesses in that building – Room for Dessert Cafe and Batavia Framing and Design – never reopened.

Berardini and Stupp weren’t going to be kept down, though. Eighty-eight days later, the doors opened at 314 Ellicott St., and this time Pauly's featured seating and a waitress, a level of service the partners had wanted to add all along.

“I had a lot of phone calls and messages that were left on my answering machine from customers and friends encouraging me to get going again,” Pauly said. “Yeah, it was traumatic at first, but when one door closes, another one opens.

"Now we have a great sit-down place here and the parking on the weekends is great. (People can) bring the family, have a party – we have a party of 20 today – sit down is the key.”

Pauly was excited Saturday morning -- not just to be celebrating five years in business – he and Stupp had just received word that they’ve been approved for a beer and wine license and will start serving them within a week.

“Now you can come and enjoy pizza or pasta with beer or wine, and that’s always a plus,” Berardini said.

Notre Dame playoff victory supported by leg of Thompson, legs of Pratt

By Howard B. Owens

On a night when he missed two field goals and saw one punt travel only five yards, kicker and defensive back Matt Thompson may have been the hero of Notre Dame’s Section V playoff victory over York.

A stiff breeze gave Thompson fits for most of the night. But with a minute left in the game, and the score set at 14-7 since the middle of the second quarter and his team backed up  nearly to its own goal line, Thompson was once again called on to kick into that monster wind.

Another kick that gets blown back, or any other mistake, and York is given great field position in a must-score situation. But a good kick well down field puts York in the tough position of trying to move the ball on a Notre Dame defense that has kept even York's big pass game largely in check all night.

This time, in a pressure situation, Thompson found a way to power the ball through the wind, setting the Golden Knights back to nearly the 50-yard line. From there, the Fighting Irish defense took over and shut down York on four successive plays, cementing a berth for Notre Dame in the Class D finals on Thursday.

Thompson also had two interceptions, including a big one with less than three minutes to play in the game, to squelch a York drive, but it was his punt that probably saved the game for Notre Dame.

Coach Rick Mancuso saw it that way, too.

“He’s a weapon and he works really hard at it,” Mancuso said. “We take special teams pretty seriously. We had a great snap from Tommy Whelehan and a great punt by Matty.”

The semi-final game was a tough battle through all four quarters, and two teams that came in a 6-1 found themselves pretty evenly matched.

Going into the game, Mancuso said he knew York’s passing game would be tough, and quarterback Jesse Galvin and receiver Adam Illerbrun kept Notre Dame’s defense on its toes all night.

The big-play duo showed just how quickly they can strike with 1:22 left in the second quarter -- only 22 seconds after Notre Dame grabbed a 14-0 lead -- when Galvin hit Illerbrun on an 80-yard pass play for York’s only touchdown of the night.

"We came in knowing they were going to throw the ball, and they did throw the ball and were successful to an extent,” Mancuso said. “We made a couple of mistakes where we let them get behind us. We did clean it up though, because Matty Thompson came in and made two interceptions. He hasn’t been out there all year long, but toward the end of the game, I thought he really got his legs underneath him and really looked very good out there.”

Illerbrun, one of the section's top receivers, had four catches for 121 yards. Galvin was 6  for 18 in pass attemps for 142 yards.

“It was a tight ballgame,” Mancuso said. “I thought York played phenomenal. I think they did a really nice job. They’re a good team. I think Eric does a great job with the kids. They’ve got nothing to hang their heads about. I thought they played very tough.”

Notre Dame put its first scoring drive together early in the second quarter, finishing it off with a 38-yard run by Mike Pratt at the 11:20 mark.

Pratt scored again with 1:44 left in the half on a three-yard run.

In all, Pratt carried the ball 36 times for 202 yards. He averaged 5.6 yards a carry.

After the game, Pratt gave all praise to his offensive line for opening holes and making key blocks.

Pratt also noted the defense made several key tackles.

Quarterback Nick Nochicchio completed six passes on 14 attempts, including one interception, for 47 yards. His leading receiver was Gianni Zambito, who had two catches for 26 yards.

Beau Richter carried the ball six times for 24 yards and R.J. Marchese carried the ball six times for 22 yards. Tom Whelehan had two catches for 12 yards.

All in all, Notre Dame amassed 304 yards, while holding York to 188 yards and only eight first downs. Notre Dame rushed the ball for 257 yards while York gained only 62 yards.  York had two turnovers, the Irish had three.

Notre Dame next faces Dundee on Thursday. Dundee comes into the game with a record of 8-0, including a 27-7 victory this evening over Cuba-Rushford.

“Dundee is phenomenal,” Mancuso said. “They’re the best team in D, there’s no doubt about that. We’re hoping we can come out and play a clean game and maybe we get it into the fourth quarter and we’re close. That’s kind of what you’re looking for. They’re fantastic. We’re defiantly playing up. It’s a huge challenge for us.”

Dundee is said to have a powerful run game, and Notre Dame features a stout run defense, but Mancuso said Dundee can also pass the ball effectively and they’ll put the ball down field if that’s what it takes to win.

“That Pratt kid who is their quarterback, he can really throw the ball,” Mancuso said. “I think they do whatever they need to do. They’re well coached, they’ve got a great group of kids, so I mean, it's going to be a battle. Hopefully, we will be up to the challenge.”

COVERAGE NOTE: One of the Notre Dame supporters who regularly takes pictures from the sidelines said he'll send us some pictures from the game. We'll post those as soon as we get them. Ethan Thompson videotaped the game for us and we'll post that highlight reel Sunday.

Gardner Society meets at Pok-A-Dot for annual reading

By Howard B. Owens

Last year, I couldn't make the John Gardner reading at the Pok-A-Dot because my parents were visiting. This year, I had to cover the Notre Dame game. As I told Bill Kauffman, "Like they say in baseball, maybe next year."

Thanks to Charley Boyd for posting this video of Kauffman opening the 13th annual event.

Rochester man accused of dealing several types of drugs in Batavia

By Howard B. Owens

A suspected 20-year-old drug dealer from Rochester was nabbed in the Batavia Downs parking lot at 5:15 p.m. on Friday.

At the time of his arrest, Steven Anthony Bertolone, of 28 Sand Pebble Drive, Rochester, was allegedly found to possess a wide array of drugs and cash.

Bertolone was identified as a suspect in local ketamine distribution by the Genesee County Local Drug Enforcement Task Force. Bertolone allegedly sold ketamine to an undercover agent.

At the time of his arrest, Bertolone was allegedly found holding four packages of ketamine, 10 packages of dimethyltryptamine, 20 packages of LSD, as well as cocaine and marijuana, along with $1,200 in cash.

The charges against Bertolone: Criminal sale of a controlled substance in the fifth degree, criminal possession of a controlled substance in the fifth degree, three counts of criminal possession of a controlled substance in the seventh degree (misdemeanors), and unlawful possession of marijuana.

The suspected drug dealer was jailed on $5,000 bail.

Uninformed deputies as well as the District Attorney's office assisted in the investigation and arrest.

Accident reported on Ellicott Street Road

By Howard B. Owens

Town of Batavia Engine 24 and Mercy EMS are responding to reported vehicle accident at 5210 Ellicott Street Road, Batavia.

There are reportedly injuries, but EMS was just told to respond non-emergency.

UPDATE: Engine 24 being called back. Only Rescue 20 responding at this time.


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City Fire responding to reported hazmat situation at UMMC

By Howard B. Owens

City Fire is being dispatched to UMMC for a reported hazardous material situation in an operating room.

Reportedly, approximately four to eight ounces of a noxious material has spilled.

The area has been evacuated and cordoned off.

Engine 12 and Ladder 15 are responding to evaluate the situation.

UPDATE 10:13 a.m.: Fire officials are saying it's a minor spill and can be cleaned up with soap and water.  I believe it is Chief Ralph Hyde who just said, "This is a minor spill that we can handle with no problem."

Police Beat: Shoplifting arrest

By Howard B. Owens

Robin Lee Buckman, 40, 7 Otis Street, Batavia Rochester, is charged with petit larceny. Buckman is accused of shoplifting four DVDs from the TA Travel Center in Pembroke.

Car hits cones in roundabout

By Howard B. Owens

A one-vehicle accident has been reported in the roundabout on Oak Street.

The car apparently hit several traffic cones.

The initial call indicated there may have been an injury and City Fire and Mercy EMS were dispatched. A police officer who was first on scene reported no injuries and fire and EMS were canceled.

UPDATE: Police on scene have requested the nearest available tow. The car is stuck on the median, its front axle is damaged and the rear tire is going flat. The car is a Saturn.

The grass isn't always greener in the big city

By Howard B. Owens

Why do a small town's best and brightest young people relocate to big cities?

The common assumption is that they leave to seek better opportunities or more excitement.

Bill Kauffman has a different theory -- our teachers, civic leaders, parents and American culture try to convince rural young people that to be an achiever, you have to go elsewhere. There's little thought to the notion that you can achieve right where you're rooted.

Kauffman discusses this idea in a book review for the Wall Street Journal:

The sharpest insight in "Hollowing Out the Middle" is that "small towns play an unwitting role in their own decline" by inculcating, in school and too often at home, the belief that fulfilling one's promise means leaving for the city lights or the manicured suburbs. The purpose of education today, as Kentucky poet-farmer Wendell Berry argues, is to train young people to leave home. And so, the authors note, "the investment the community has made in them becomes a boon for someplace else."

Batavia is full of bright, young people who have decided to stay, or who have come back. I've met them. Batavia's future would be even brighter if we could convince more of them to stay and help build new businesses and invest in the community that nurtured them.

Read the whole thing.

Retired engine from Batavia going to rural fire department in Latin America

By Howard B. Owens

Old Engine 24 will soon find a new home with a rural fire department in Latin America.

The Batavia Volunteer Fire Department transferred ownership of the engine, which was replaced in July by a new rig, to the 911 FUND today (warning: site has automatic audio).

"The Town of Batavia Fire Department is committed to doing its share to help rural fire departments in Latin America where such assistance could literally mean the difference between life and death for firefighters and the civilian population who they protect," said Michael Jones, president of the department in a statement.  

During the past eight years, the 911 FUND has donated dozens of fire trucks, ambulances, millions of dollars in equipment and extensive training to Latin America and other parts of the world.

UPDATE: I e-mailed Michael Jones with a couple of questions I had about the transfer of the truck. Here is his reply:

The Truck was purchased for $3k by the 911 fund.  Our board didn't feel it would be a responsible decision to give the truck free and clear without recouping some of its value when taking our communities taxpayer's into consideration.   However, the $3k was a deep discount fro the $8k that it was posted for sale as.  In addition to the vehicle we also included pike polls, ladders, hard suction lines, and various other equpiment that will greatly aide those in Argetina, which is the engine's final destination.  The 911 Fund tells us that the engine will be the only vehicle that that rural fire department will have.  Although we are sad to see the vehicle go we are equally happy knowing that our engine will help reduce the loss of life by increasing protection to those fire fighters their community.

Police Beat: Suspect accused of assault on deputy faces more charges

By Howard B. Owens

Ryan Lee Krupp, 24, 13 Pringle Ave., Batavia (pictured), is charged with criminal possession of stolen property and unlawful possession of marijuana. These are additional charges stemming from his arrest Oct. 16, which involved an alleged escape and an alleged assault on a deputy. At the time of his arrest, Krupp was allegedly found in possession of a stolen credit card and marijuana. Krupp remains in custody without bail.

William Didir Gamble, 18, of 144 Leicestershire Road, Rochester, is charged with harassment. Gamble is accused of striking and threatening two roommates at College Village.

A 10-year-old boy in Pavilion has been charged with sexual abuse in the first degree and endangering the welfare of a child. The charges stem from a report filed with the State Police on Aug. 25.  The arrest was Sept. 11. It was in the State Police blotter today. The boy was released without bail. No further details are available.

Spencer T. Johns, 18, of Castile, is charged with unlawful possession of marijuana. Johns was issued an appearance ticket by State Police after being arrested in the Town of Bethany at 4 p.m. on Tuesday. No further details are available.

Crews responding to grain bin fire

By Billie Owens

Fire crews are responding to a report of a grain bin fire at 2947 Batavia-Oakfield Townline Road, between Hutton Road and South Pearl Street. Other structures are nearby the fire.

Tankers have been requested from East Pembroke and Alabama.

UPDATE: East Pembroke's tanker is asked to respond in a non-emergency capacity. Alabama has been asked to stand down.

UPDATE (2:03 p.m.): Fire is out.

 

Kids love fire trucks

By Howard B. Owens

Members of the Batavia City Fire Department brought Ladder 15 over to the parking lot of Richmond Library this morning where a group of pre-schoolers were able to meet firemen, get a look at all the truck's equipment  and slide onto the driver's seat.

UPDATE: We've received a couple of e-mails: This event was sponsored by the Genesee Region Insurance Professionals.

Time to VOTE on "Pay it Forward" Entries!

By Bre Roz

Tonawanda Valley Federal Credit Union is "Paying it Forward." Everyone over the age of 18, a TVFCU member or not, was given the opportunity to tell us how they would "Pay it Forward" if we gave them $10. After a large turn out, a team of judges was assembled to sift through the videos and select the ten finalists. Now, it is your turn. Review the following videos and then vote for your favorite in the column on the left hand side of this page! Voting will end on November 2nd 2009!

 

Thank you for voting!

Police Beat: Person allegedly barred from College Village found hiding under bed

By Howard B. Owens

Kenardo Roshay Fields, 19, of 7 Watson St., Batavia, is charged with trespass. Fields was reportedly banned from College Village and was found there yesterday at 11:38 p.m. hiding under a bed.

Arnold D. Jock, of Hogansberg, is charged with trespass, obstructing governmental administration, resisting arrest, and disorderly conduct/fighting. Jock was arrested by State Police at the Holiday Inn on Park Road, Town of Batavia, at 6:12 p.m. yesterday. No further details are available.

Joshua L. Baltz, 33, of Batavia, is charged with petit larceny. Baltz was arrested by State Police in the Town of Batavia at 10:33 a.m. on Oct. 15. No further details available.

Jesse P. Boop, 20, of Avon, is charged with unlawful possession of marijuana. Boop was arrested by State Police yesterday at 10:15 a.m. in the Town of Bethany. No further details are available.

Gary J. Dempsey, 42, of Le Roy, is charged with criminal contempt and disorderly conduct. Dempsey was arrested by State Police in Le Roy at 11:11 a.m. yesterday. No further details are available.

Tips on safe driving when deer are out and about

By Mark Lewis

When people get ready to walk across a public road, they usually look both ways first to see if any motor vehicles are coming. Unfortunately, this isn't the case with animals, including certain large ones.

Too often, the result is a motorist's nightmare: a collision with a deer, moose or elk. The animal usually comes out second-best in this type of close encounter, but the toll on vehicles and their occupants can also be substantial.

According to the Insurance Institute for Highway Safety, more than 150 people die in animal-vehicle collisions each year. The Insurance Information Institute estimates some 1.5 million such collisions cause about over $1 billion in damage annually.

While animal-vehicle collisions can happen any time of year, fall is the peak season for deer-car crashes. That's mainly because autumn is both mating season and hunting season, so deer are more active and more likely to roam beyond their normal territory.

No foolproof way has been found to keep deer, moose and elk off highways and away from vehicles. Deer whistles have their advocates, but the Insurance Institute for Highway Safety says there's no scientific evidence to support claims they work as intended. Some studies suggest roadside reflectors - designed to reflect light from vehicle headlamps and cause deer to "freeze" rather than cross the road - reducing crash frequency to some extent.

There are ways you can lessen an unplanned meeting with a deer, moose or elk. Here's how:

  • Be aware of your surroundings. Pay attention to "deer crossing" signs. Look well down the road and far off to each side. At night, use your high beams if possible to illuminate the road's edges. Be especially watchful in areas near woods and water. If you see one deer, there may be several others nearby.
  • Be particularly alert at dusk and dawn, when these animals venture out to feed.
  • If you see a deer, moose or elk on or near the roadway and think you have time to avoid hitting it, reduce your speed, tap your brakes to warn other drivers and sound your horn. Deer tend to fixate on headlights, so flashing them may cause the animal to move. If there's no vehicle close behind you, brake hard.
  • If a collision seems inevitable, don't swerve to avoid the animal; your risk of injury may be greater if you do. Hit it, but control the vehicle. Report the crash to the police.
  • Always obey the speed limit and wear safety belts.
  • Being alert at all times while driving is your best defense against any type of accident.

Third Elba robbery suspect enters guilty plea, faces possible 15 years in prison

By Howard B. Owens

The last suspect captured is the final defendant to plead guilty.

Matthew J. Wells, 24, of Buffalo faces five to 15 years in state prison after admitting this morning to his role in the June 18 stick up of the M&T Bank branch in Elba.

The guilty plea came on a morning when Wells was schedule to appear on a pre-trial hearing to determine if his statement following the robbery could be used against him in a trial.

Attorney Thomas Burns said after the guilty plea that his client took into account the substantial risk of going to trial, in which a conviction could mean 25 years in prison.

District Attorney Lawrence Friedman said the plea bargain accepted by Wells today was made back in June.

Wells didn't give up easily the morning and afternoon of the robbery, either. He led more than 100 law enforcement personnel on a five-hour manhunt through the woods and fields of Batavia and Oakfield before finally surrendering. His co-defendants, Dennis M. Abrams, Jr., 26, and Demone D. Dillon, 25, were captured within an hour of the robbery.

Both previously pled guilty to charges stemming from the hold up. Abrams, the apparent mastermind of the scheme, was looking at up to 25 years in prison, and Dillon, who apparently served as a somewhat reluctant look out, facing three-and-a-half to 10 years.

Wells was the only one of the three to make any real attempt to challenge the state's case, with his attorney filing motions to suppress his statements and for a change of venue. The latter motion was eventually denied.

The case has left many in the criminal justice community shaking their heads. None of the three suspects had any prior adult criminal record, and only Dillon had a youthful offender conviction. All three had jobs and wives or girlfriends. All three men are fathers.

Abrams reportedly sent a text message to his wife before he was captured that read simply, "I messed up."

Friedman's job, of course, isn't to get wrapped up in sympathy for three men who made a bad decision. He's spoken to the victims.

"I spent hours talking with the victims of this crime," Friedman said. "I feel the impact that it has had on these women. With almost 28 years in this office, I've been surprised by the depth of emotion expressed by these women over what they went through in the bank. It was very traumatic. I had one of these women tell me she thought she was about to die. I have no idea what that must feel like."

As for the defendant's lack of prior criminal history, Friedman said, "that's what the pre-sentencing investigation is about."

"My job is to either secure a conviction or get an appropriate plea," Friedman said. "I  think in this case, I've given the court sufficient latitude in light of these crimes and in light of the defendants."

Couple with holiday displays on Watson Street concerned about thefts

By Howard B. Owens

Six Halloween decorations have been stolen from the yard of Thelma Hall, on Watson Street, and she's disheartened that somebody would take from something she and her husband do for kids' enjoyment.

Hall called us this morning hoping that we would publicize the thefts and the person or persons who took the items would return them, "no questions asked."

The Batavian ran a picture of the Hall's yard on Oct. 1.

Six items, including two headstones, were stolen, Hall said.

"Please return what was taken," Hall said. "We wouldn't want to stop (decorating the yard). It's a lot of fun, but we can't keep doing it if our stuff is going to get stolen."

The Halls moved to Batavia from Indiana five years ago and have had Halloween and Christmas displays each year since.

"There's nothing in this town for the kids to do, that's why we do it," said Hall.

"I'm just heartbroken," Hall added. "We just try to be nice."

She said she and her husband are now afraid to put up their annual Christmas display, fearing more thefts.

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