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Suspect in baby shaking case pleads not guilty

By Howard B. Owens

Dietrich Williams is accused of shaking the baby of a Batavia woman so violently, even hitting the infant's head against a hard service, that the baby is now in grave condition. Today Williams pleaded not guilty to charges of assault in the first degree and reckless assault of a child.

After the hearing, District Attorney Lawrence Friedman said the baby is not doing well.

"There's a lot of uncertainty right now," Friedman said. "It doesn't look good."

He said doctors fear brain damage, vision damage, whether the baby will be able to feed herself and whether she will be able to breath on her own.

Williams was reportedly living with a co-worker from a nursing home in Le Roy and was charged with watching the woman's four children while she worked a double shift.

On the night of June 20 or early morning of June 21, Williams allegedly assaulted the 15-month-old child.

The child and the mother have not been identified.

Defense Attorney Jerry Ader argued for reduced bail, stating that Williams is an employed resident of Genesee County and had only one prior misdemeanor conviction -- for unauthorized use of rental car that was returned late.

Friedman asked that Williams be held without bail, because there is a warrant for his arrest in Florida (reportedly for a bounced $100 check related to the car rental), and he has changed residence and jobs a few times over the past several months.  Friedman said he didn't believe Williams had lived in Genesee County for more than 4 1/2 months.

Since Williams hasn't appeared on a charged related to $100 check, Friedman told Judge Robert Noonan that he doubted he would appear on a felony charge where he potentially faces a 25-year prison term.

Noonan kept Williams bail at $50,000.

Police Beat: Pavilion man accused of jumping over fence, threatening neighbor

By Howard B. Owens

Gene Douglas Swede, 61, of 11295 Perry Road, Pavilion, is charged with harassment. Swede is accused of jumping a fence into a neighbor's yard, yelling and cussing at the neighbor and threatening to beat up the neighbor. An order of protection was issued for Swede protecting his neighbors.

Porscha Mohogani Woods, 26, of 305 Oak St., Syracuse is charged with disorderly conduct. Woods is accused of pushing Darien Lake security guards and using vulgar language while attempting to break free of the guards following an altercation at the park on July 4 at 8:11 p.m.

A 16-year-old from Rochester was issued a ticket by Sheriff's deputies in the Town of Batavia for unlawful possession of marijuana.  The youth was walking on a road in Batavia when he was allegedly found to be in possession of marijuana.

Logging skidder catches fire off South Main Street Road

By Howard B. Owens

The Town of Batavia Fire Department is being dispatched to a reported fire the area of South Main Street Road and Wortendyke Road.

Dispatchers are recommending special equipment because the fire is reportedly deep in the woods in a logging area.

UPDATE:  So, I drove out to South Main Street Road and Wortendyke Road. Nothing to see here.  The fire is reportedly pretty deep in the woods. There's no command center or other fire equipment on the public road, nor is the fire visible, nor is there an odor of fire from the road. Moving on.

UPDATE 2:06 p.m.: I found the general location of the fire.  It was a long way off from Wortendyke. I spoke with two Town of Batavia firefighters. A logging skinner skidder, a piece of heavy equipment for hauling logs, caught on fire. The machine is a total loss, they said.  Crews are currently making sure the fire is out.


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Applebees FlapJack Fundraiser in Batavia

By Tasia Boland

Applebees on Lewiston Road is having a fundraiser for Allison Wright Sunday July 12 from 8-10 a.m.

From Press release:

Allison (Allie) Wright is the 10-year-old daughter of Amy and Alan Wright of Attica, NY. She was born with severe scoliosis (curvature of the spine) and kyphosis (rounding of the spine). Allison will be undergoing 3 surgeries between August and October 2009. With success of these surgeries, she may not require any further surgeries.

Event Date and Time
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Third suspect in Elba robbery enters not guilty plea

By Howard B. Owens

BATAVIA, N.Y. -- Michael J. Wells, the third suspect in the June 18 robbery of the M&T Bank in Elba, entered a not guilty plea at his arraignment this morning.

Wells is being represented by Thomas Burns. Burns made no application for bail this morning, so Wells continues being held in Genesee County Jail without bail.

Because there was no bail hearing, none of Wells statements or his background were discussed in court.

Last week both Damone Dillon and Dennis Abrams pleaded not guilty and Judge Robert Noonan assigned each $250,000 bail and $500 bond.

UPDATE: I just spoke with Thomas Burns, who is representing Wells, and he said he is communicating with District Attorney Lawrence Friedman on the eventual disposition of the case. Burns said he agreed not to make a bail application as part of that process. "We felt compelled to honor the request as a sign of good faith in negotiations," Burns said.

Previously:

Driver reportedly distracted while admiring another car, causing two-car accident

By Howard B. Owens

One person suffered minor injuries in a two-car accident on Route 19 at East Park Street in Pavilion on Saturday when the driver of one car reportedly failed to see another car and pulled out in front of it.

David J. Reschke, 18, of 9741 Transit Road, Stafford, was driving a 1999 Chevy sedan owned by Cynthia Reschke, when he reportedly stopped at a stop sign on westbound East Park Street, and then proceeded onto Route 19.

Reschke was reportedly distracted while admiring a passing Chrysler 300.

Three witnesses reported seeing him pull out in front of the on coming car.

The other car, a 2001 Ford sedan owned by Patricia Malone of Batavia, was driven by Tyler Kilgore, 19, of 9366 Sheppard Drive, Batavia. Kilgore reportedly suffered minor injuries and as transported to UMMC.

Following the accident investigation by Deputy Mazur, Reschke was charged with unlawful possession of alcohol by a person under 21.

Police Beat: Two women charged with shouting obscenities in public

By Howard B. Owens

Jazzmyne M. Heard, 21, of 965 E. Glide St., Rochester, is charged with disorderly conduct. Heard allegedly shouted obscenities while on the sidewalk on South Main St. The alleged incident occurred Thursday at 11:45 a.m.

Megan J. Dowd, 26, of 16 Church St., Le Roy, was charged with disorderly conduct after allegedly shouting obscenities in a public place. The alleged incident occurred at 337 Bank St.

James S. Gibbs, 33, of 34 Vernon Ave., Batavia is charged with criminal contempt. Gibbs allegedly made contact with a person he was ordered not to contact.

Jay R. Cummings, 23, of 10565 Harper Road, Darien, is charged with felony DWI. Cummings was stopped on West Main Street by Batavia police following a report of a road rage incident in the Town of Batavia.  Officers Coffey and Klimjack report Cummings was allegedly intoxicated. He is also charged with felony unlicensed operation of a motor vehicle. Cummings reportedly has a prior felony DWI conviction. He is held on $5,000 bail.

Ryan P. Sutton, 19, of 8290 Lewiston Road, Batavia, is charged with making graffiti. Batavia Police Officer Matthew Baldwin reportedly observed Sutton carving something into plastic play equipment in Pringle Park with a folding knife on Thursday night.

Stephan A. Lewis II, 29, of 541 E. Main St., is charged with petty larceny. Lewis is accused of stealing beer from Wilson Farms, 506 E. Main St.

John J. Smalley, Sr., 46, of 32 S. Main St., Oakfield, is charged with harassment. Smalley is accused of making harassing phone calls to another person. He was arrested by Batavia police officers.

Timothy Ryan McJury, 22, of 334 W. Main St., #5, is charged with petty larceny. McJury is accused of shoplifting three DVDs and a video game from Target.

Travis W. Zeidler, 29, of 502-2969 Kingsway Drive, Kitchener, Ontario, Canada, is charged with DWI and DWI with a BAC of .18 or more. Zeidler was arrested following a Sheriff's Office investigation into a reported car accident inside the parking lot of Darian Lake Theme Park. Zeidler is held on $500 bail. The incident was investigated by Deputy Jason Saile.

David J. Reschke, 18, of 9741 Transit Road, Stafford, is charged with unlawful possession of alcohol by a person under 21. Reschke was reportedly found to possess alcohol following a car accident at Route 19 and Cato Street in Pavilion on Saturday at 3:30 p.m.

Stephanie L. Hagen, 26, of 3259 Rose Road, Batavia, is charged with DWI. Hagen was reportedly stopped for an alleged traffic violation on Erie Road in Darien on Saturday morning about 1 a.m. She reportedly had a BAC of .08 or greater.

Ronald J. Tombari III, 21, of Pavilion, is charged with felony unlicensed operation of a motor vehicle, leaving the scene of an accident, DWI and driving with a BAC of .18 or greater. Tombari allegedly struck a parked car in Le Roy and then left the scene. Le Roy Patrolman Daryl Robb made the arrest.

Care-A-Van Busy over the Holiday week-end

By Robin Walters

Care-A-Van was busy over the holiday week-end. Even with a holiday week-end among us, we keep going forth to share the good news.

We had grocery distribution Saturday at Batavia Gardens. We fed 8 families with 23 members. We returned to Park Road Senior Apartments for Street Church on Sunday. We had 11 folks attend to hear the message given by Pastor Tom Burns of the Morganville UC of Christ. We were there last Thursday for our weekly picnic and had 29 folks attend. Check out the pile of cookies given away at the Picnic in the Park! 

Last Thurdays picnic at the apartment complex

There were folks inside and out

Care-A-Van Band sings at the Picnic at Park Road Senior Apartments

Pastor Tom Burns giving the message

Inside at street church

Ok, so with all the holiday activity, I was cauught in the traffic on the 90 waiting to get home to be with Care-A-Van on Sunday afternoon. Spent the week-end with my family in Edinboro, PA. Come to find out it was the car that was on fire that was shown on another post.

Car fire on Thurway Sunday afternoon

By Howard B. Owens

Jeanne Stack submitted this photo of a car on fire on the Thruway on Sunday at about 2 p.m. Stack said the fire occurred near Pratt Road in the Town of Batavia. She said she doesn't know what happened, but that a trooper came over to her and asked if the car was hers.  We have no further information at this time.

Meet Town of Batavia FD's new Engine 24

By Howard B. Owens

Yesterday, I was given a chance to learn all about the latest piece of equipment acquired by the Town of Batavia's volunteer fire department:  A rescue truck that will go into service in about three weeks.

It arrived at the station on Tuesday and cost the department about $460,000.

"This is a 25-year purchase," said Dan Coffey, who with Nate Fix served on the truck purchase committee and researched the needs and specifications for a new fire truck. "A lot of thought went into this purchase. We started planning this in 2005."

The truck already has 3,000 miles on it -- the mileage from Minnesota, where it was assembled, to New York, where a contractor put on many of the finishing touches, and that was by design said Deputy Chief Paul Barrett.  All of those miles got the engine broken in and gave the seller a chance to uncover any potential problems before the department took delivery.

The video contains more information on the truck and its capabilities and purpose.

Pictured above with the new Engine 24 are four members of the department who happened to be on hand yesterday, Deputy Chief Paul Barrett, firefighter Ryan Scapano, Asst. Chief Randy McIntire and firefighter Doug Smart, Jr., who is home on leave from Iraq.

The outgoing Engine 24.

Happy Fourth of July

By Howard B. Owens

The Batavia Area Jaycees hung flags along Main Street this morning. I think it's always a great sight to drive down Main and see the flag-lined street.

Weissend wraps up 11 years running HLOM

By Howard B. Owens

Patrick Weissend is leaving his post as director of the Holland Land Office Museum to become a brank manager for the Bank of Castile in Medina. Supporters of  the museum, its staff and board members gathered at the museum last night to give Pat a festive send off and to thank him for his hard work and dedication.

Now you can make Alex's ribs at home

By Howard B. Owens

I stopped by Alex's this afternoon and found Richard D'Alba, food and beverage coordinator for Alex's Place, in a tent outside selling ribs.

Yes, now you can get Alex's unique ribs to cook at home. The packages come ready to heat.

Richard rattled off a few local places to buy them -- the one that stuck in my mind is Southside Deli.

Route 98 resurfacing project begins Monday in Batavia

By Billie Owens

A $500,000 project to resurface state Route 98 (Oak Street) in the City of Batavia gets under way Monday, according to the New York Department of Transportation.
 
Keeler Construction of Albion, Orleans County, was awarded the construction contract. The project is funded through the federal American Recovery and Reinvestment Act of 2009 (ARRA).
 
“This resurfacing work is one of many DOT projects that will improve our transportation system and bring jobs to communities across the state,” Acting DOT Commissioner Stanley Gee said in a press release. “I thank Governor David Paterson for certifying this important infrastructure project and our congressional delegation for bringing critical economic-recovery funding to New York State.”
 
Of the $1.1 billion New York State received for highway and bridge projects under ARRA, a total investment of $74 million in economic-recovery funding is expected to be certified for Rochester-area communities.
 
The Route 98 (Oak Street) project stretches from Main Street to Noonan Drive, just south of theThruway. It's preventative maintenance, amied at providing a smooth riding surface and extend the life of the pavement. The work includes pavement joint repairs, pavement milling and overlay; drainage structure repairs; an upgraded traffic signal at the intersection of Rt. 98 and Richmond Avenue; installation of detectable warning surfaces at sidewalk ramps; and fresh pavement markings. 
 
The current four-lane road will be re-painted to provide one 14-foot travel lane in each direction and an eight-foot parking lane along both sides. Left turning lanes will be included at the intersection of Richmond Avenue.
 
A single lane of northbound and southbound traffic will be maintained throughout the construction phase. Street parking will be permitted along Route 98, except during a two-week period (approximately) from mid-July through the end of July. That's when milling and paving operations are scheduled to take place. Access to all driveways and side streets will be provided at all times.
 
Initial work includes spot pavement repairs and adjustment of manholes and drainage structures in the northbound curb lane. The project is expected to be finished before school starts in September, possibly sooner.

“The State Department of Transportation office serving the greater Rochester region has been able to double its preventative maintenance paving program this year because of the economic recovery funds provided to us,” Acting Regional Director Robert Traver said. “A strong preventative maintenance program is critical in keeping the state’s transportation system in a state of good repair for the thousands of citizens who use it.”
 
Traver noted the significant support of the congressional delegation, Senator Michael Ranzenhofer and Assembly member Steven Hawley in delivering this regional transportation project.
 
The economic-recovery funds coming to New York State for transportation projects must follow the same process required for distributing all federal transportation funds. The funds are allocated to projects that are selected by the 13 regional Metropolitan Planning Organizations (MPOs) across the state, which are comprised of local elected officials, local transit operators and NYSDOT representatives. MPOs vote unanimously on projects for their Transportation Improvement Program, and the projects are candidates for economic-recovery funds. The preventative maintenance project was approved by the Genesee Transportation Council to be eligible to receive ARRA funding.
 
Similarly, regions of New York State without MPOs are served by NYSDOT, which consults with local elected officials and selects projects for the Statewide Transportation Improvement Program. The department worked with local officials and the governor’s Economic Recovery Cabinet to identify shovel-ready projects eligible for recovery funds.

Fire alarm at Lowe's

By Howard B. Owens

A fire alarm has gone off at Lowe's, 4180 Veterans Memorial Drive.  A manager has reportedly told the fire alarm company there is no visible fire, but their is no clue why the alarm went off. Fire units are responding.


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Batavia scores eight times to pull out eight victory

By Howard B. Owens

Catcher Ivan Castro homered and Xavier Scruggs picked up two-RBI to lead the Muckdogs to a 8-2 victory over Jamestown Thursday night.

In a game in which Batavia notched only six hits while scratching out 8 runs, Ryde Rodriguez also contributed two singles.

The winning pitcher was Michael Blazek (2-0), who tossed 5 2/3 of scoreless ball in relief.

Batavia, now 8-5, is in second place in the Pinckney division, a half game behind Williamsport.

The Muckdogs host the Jammers tonight at 7:05 p.m. at Dwyer Stadium. Auburn is in tomorrow night for a 7:05 p.m. game.

Both games will be followed by fireworks.

Police Beat: Two men part of alleged scrap metal heist slapped with drug charge

By Howard B. Owens

Christopher H. Monfort, 37, of 113 Pine St., Rochester and Timothy M. Stone, 29, of 3735 Chili Ave., Rochester are charged with criminal possession of a controlled substance. Monfort and Stone were part of the alleged scrap metal heist earlier this week. At the time of their arrest, they were allegedly found to have crystal meth in their possession. This additional charge has now been filed.

Nathan D. Bernard, 20, of 6084 Main Road, Stafford, is charged with attempted criminal trespass. A Sheriff's deputy reported that he was dispatched to 6084 Main Road, Stafford for a possible burglary in progress where a person was trying to gain access to the building through a basement window.  The deputy allegedly found Bernard with something in his hand and he was attempting to gain entry through a backdoor.  Bernard is held on $300 bail.

Steven Edward Ball, 35, of 11 1/2 Meadowcrest Drive, Batavia, is charged with criminal contempt. Ball allegedly tried to contact his ex-girlfriend through her mother. There is reportedly an order of protection against Ball on behalf of the ex-girlfriend.

'I messed up,' Elba robbery suspect texted wife while hiding from police

By Howard B. Owens

It didn't take Dennis M. Abrams long on the morning of June 18 to figure out he apparently had made a huge mistake.

Within 30 minutes of leaving the M&T Bank in Elba with one of his buddies holding a bag full of more than $20,000 in cash allegedly taken at gunpoint, Abrams was lying in the brush along Lewiston Road sending a text message to his wife, Bianca.

"I messed up," was the simple message, according to Abrams' written confession.

"She called me because she did not know what I was talking about," he wrote. "I told her I could not talk because the police were close. I told her we had robbed a bank and that it had gone wrong. I then hung up because the police were close."

A few minutes later, Abrams was taken into custody.

His confession closes, "I would like to state that I made a mistake and that I am sorry for ever making this type of decision."

Abrams reportedly said he "messed up," but it wasn't like he wasn't warned.

According to the statement of one of his alleged accomplices, Demone Dillon, Dillon told Abrams and co-suspect Michael Wells that robbing a bank wasn't smart.

Dillon was the alleged look out who stood in the doorway of the bank while Abrams and Wells reportedly pulled off the stick up.

"I told them that it was a bad idea to rob a bank, but they decided to go in anyway," Dillon reportedly told investigators. "I followed them to the foyer area of the bank because I was told to do so."

According to Dillon's statement, Abrams called him about 10 o'clock the night before the robbery and said he had an idea to make some easy money.

In the Abrams' confession, Abrams said he and his friends were playing football the night before and started talking about how they needed more money.

"I said I know about this bank that I drive by when I go to Orleans Corrections to visit my cousin," Abrams wrote. "I said the bank was secluded, so we agreed to rob it."

The next morning, Abrams reportedly drove his black Chevy Blazer to pick up Dillon and Wells and then they stopped at Rite Aid to buy rubber gloves. Dillon said he knew the gloves were meant to avoid fingerprints, but he said he still didn't know the plan was to rob a bank.

It wasn't until they arrived at the bank, he indicates, that he learned of the plan. While sitting in the bank waiting for drive-up customers to leave, Dillon said, "I think this is a bad idea."

Inside the bank, the statement of teller Patti Hackett paints a terrifying picture. She said two men rushed into the bank while she was on a conference call with other M&T employees and the men started yelling, and she heard another teller scream "don't hurt me."

She writes, "The guy who grabbed me yanked me out of my chair and threw me to the ground." The men were yelling "get on the floor. We're not going to hurt you."

Hackett told investigators that the same man who threw her to the ground pointed a gun at her head.

In his confession, Abrams said he brought his Walthers P22 into the bank. He said it can hold 22 rounds, but he thinks it had only nine rounds in it at the time of the robbery, and that he waived it in the air with the safety on.

After leaving the bank, Abrams said he drove his Blazer at the speed limit until a state trooper spotted the vehicle and turned on his lights. Abrams said he stepped on the gas believing he could out run the trooper's Tahoe.

By that time, either Dillon or Wells had reportedly opened the money bag only to have an apparently pepper-spray-laced dye pack explode. Dillon said within a half mile of the bank, he threw the bag out the back window.

Abrams said that both Dillon and Wells were screaming for him to let them out of the car and he stopped at the first intersection he came to and the two men jumped from the Blazer and ran.

Dillon said he first went to a nearby house and lied down on the porch, but he quickly got up and started running. He removed his clothes because they had become wet and heavy, he said in the confession.

Dillon never directly explains why he agreed to go along with Abrams and Wells on what he admits in his statements clearly seemed to be a plan for some sort of criminal activity.

But the need for cash seems to be a factor. 

"The reason I did this is because I'm in serious need of money," Dillon told investigators. "I have a 6-month-old baby and also two 5-year-old kids."

Abrams, who admits in his signed confession to coming up with the plan, owning and carrying the gun, and driving his own vehicle to and from the bank, is about to become a father. In his confession, he said his wife Bianca is seven months pregnant. In his Genesee County Justice interview, he also says he is a foster father, and while being employed with the same company for more than five years, his gross earnings were $700 a week.

The third suspect, Michael Wells, is scheduled to be arraigned Monday at 10:30 a.m.

Yesterday, Judge Robert Noonan ordered Abrams and Dillon held on $250,000 cash bail and $500,000 bond each.

Pictured above, from the top, are Abrams, Dillon and Wells.

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