batavia

According to Donna McAuley, for 45 years she managed to live her life without ever getting so much as a traffic ticket, and now she has people drive past her house and yell "crack head."

McAuley was arrested July 13, 2010 and accused of being part of a methamphetamine ring that included a dealer from Le Roy now serving more than 17 years in a federal prison.

McAuley was charged, along with four others, of conspiracy with intent to distribute narcotics. She was facing a maximum sentence of 40 years and a $2 million fine.

A few weeks ago, the charges against McAuley, aka Donna L. Boon, were dismissed.  

The Batavian spent a few weeks trying to get an explanation for the dismissal from the U.S. Attorney's office in Western New York and today we managed to contact Brett Harvey, who was prosecuting the case.

Harvey said he can't discuss the specifics behind the prosecution's motion to dismiss the charges because of the ongoing investigation (two defendants in the alleged ring still face charges), but that the case was dismissed "without prejudice."

That means the federal government could refile charges against McAuley, Harvey said.

"We dropped complaint, but have we have leave to pursue additional charges if circumstances warrant," Harvey said.

McAuley's Rochester-based attorney said he doesn't think that's going to happen.

"Donna McAuley's life has been in turmoil for more than a year, including the execution of a search warrant of her home," Robert Napier said. "In the end, the government concluded it does not have sufficient legal basis in which to pursue an indictment before a grand jury. 

"My conclusion," Napier added, "is that the government did not have enough evidence to pursue any charges against Ms. Boon."

According to Napier and McAuley, no drugs were found in her home at Batavia-Oakfield Townline Road when it was searched as part of an early morning raid by local and federal law enforcement on July 13, 2010.

That day, local law enforcement and the DEA and FBI along with Bill Hochul, the U.S. Attorney for Western New York, held a press conference attended by region-wide media. They announced the arrests of McAuley along with Donald G. Vanelli, 47, of 8394 Lake St., Le Roy; David H. Cohen, 49, of 918 Goodman St., Rochester; Andrew W. Chapman, 40, of 5 Cedar St., Batavia; and Kerry A. Ball, 51, of 7202 Meadville Road, Basom.

Vanelli eventually entered a guilty plea. The former Road Agents motorcycle club president admitted to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

He was sentenced to 17 1/2 years in federal prison.

The charges against two of the three other defendants are still pending (at time of posting, we didn't have details on which two).

McAuley has admittedly mixed feelings about media coverage of her case being dismissed.

She feels vindicated -- she is adamant that she was not involved in any meth dealing and was not criminally associated with Vanelli, whom she characterized as a friend of 15 years.

She would also just like the case to go away, get her life back and not draw further public attention to her name.

And her name has drawn some attention.

It's been part of media reports every time Vanelli's case has made it through the federal court system.

It came up again when her husband, 62-year-old James Henry McAuley Jr. (aka "Mitch") was charged in a racketeering case stemming from the baseball-bat beating of a man in Rochester more than five years ago and an alleged plot to murder members of a potential rival motorcycle gang.

According to federal authorities, Mitch McAuley, who is currently confined to Elkton Federal Corrections Facility in Elkton, Ohio, on other charges, is vice president of the Rochester Hells Angels.

Donna McAuley said that even with her ties to Mitch McAuley and Donald Vanelli, she herself has never been involved in criminal activity. She has held down respectable, professional jobs for most of her adult life, she said, and she came to Genesee County 15 years ago to establish a reputation for herself as a good citizen.

The case against McAuley was apparently based entirely on wiretaps that recorded conversations between her and Vanelli. FBI agents claimed McAuley and Vanelli used a coded language to arrange for meetings to exchange drugs and/or cash. For example, there was one time when Vanelli, supposedly out of meth to sell, received a call from  McAuley.

According to the transcript, McAuley said, "I, um, what did I want last night, oh geez, I don't know, oh my friggin', I, can you stop by today and check my lawn mower? This mornin'?"

Agents took that to mean that McAuley had acquired a supply of meth.

Vanelli allegedly went to McAuley's house later that morning and when returned to his own home in Le Roy, allegedly arranged for a customer to make a buy.

McAuley said her contact and conversations with Vanelli were never about drugs. There was no coded language. Vanelli was just a longtime friend.

Robert Napier said his client is "an innocent, hard-working professional."

A 39-year-old Ellicott Street resident is in jail following an alleged domestic incident during the early morning hours in which a victim reportedly received cuts to his hand.

Taken into custody was Andrew A. Crimes, of 334 Ellicott St..

The name of the victim, who was transported by Mercy EMS to UMMC, has not been released.

The alleged incident occurred near the intersection of Ellicott Street and Goade Park at 12:21 a.m.

Crimes was charged with assault, 3rd, menacing, 2nd, endangering the welfare of a child, criminal obstruction of breathing or blood circulation and harassment, 2nd.

Following arraignment in Batavia City Court, Crimes was jailed on $5,000 bail.

(initial report)

Frank Nichols Vitagliano, 28, of Luther Road, Silver Springs, is charged with a felony count of DWI, refusal to take a breath test and consumption of alcohol in a motor vehicle. Vitagliano allegedly drove past officers at the front gate of the Buffalo Federal Detention Center on Federal Drive and entered the parking lot. Vitagliano's vehicle was stopped and detained by several detention center officers. Vitagliano was jailed on $1,500 bail.

Randy L. Sanfratello, 41, of 3322 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of failure to appear in Batavia City Court and was arrested on a warrant.

Rebecca L. Santiago, 25, of 5955 Main Road, Stafford, is charged with aggravated unlicensed operation. Santiago is accused of failure to appear in Batavia City Court and was arrested on a warrant. She was jailed on $250 bail.

Brandon M. Maldonado, 22, of 35 Maple St., lower, Batavia, is charged with criminal trespass, 2nd. Maldonado was arrested on a bench warrant related to his criminal trespass, 2nd, charge out of Batavia City Court. Maldonado allegedly violated probation and failed to report to Genesee County Jail on June 25 as directed by the court. Maldonado had been sentenced to intermittent jail time. Maldonado was released after posting $500 bail.

Matthew R. Hernandez, 18, of 129 State St., Batavia, is charged with menacing, 2nd, and endangering the welfare of a child. Hernandez is accused of displaying a knife in a threatening manner toward a young child during an alleged incident at 7 p.m., Friday.

Mark Laney, 31, of S. Pearl Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Laney was reportedly observed operating an ATV at 9:46 p.m., Saturday, in a parking lot at 49 S. Pearl St., Oakfield. Upon investigation by Deputy Howard Carlson, Laney was found to allegedly be driving drunk.

Amanda Le Carlacci, 20, of East Eden Road, Eden, is charged with possession/consumption of alcohol by a person under age 21. Carlacci was cited during an investigation at 10:20 p.m., Saturday, into a report of an underage drinking party at 710 Broadway Road, Darien.

Amber Marie Williams, 20, Broadway Road, Darien, is charged with possession/consumption of alcohol by a person under age 21. Williams was cited during an investigation at 10:20 p.m., Saturday, into a report of an underage drinking party at 710 Broadway Road, Darien.

Anibal Rodriguez, 55, Brayton Street, Buffalo, is charged with forcible touching. Rodriguez is accused of grabbing the intimate parts of a woman while at Darien Lake. Rodriguez was jailed on $500 bail.

A 17-year-old of Dean Road, Depew, is charged with petit larceny. The youth is accused of stealing a carton of Marlboro cigarettes valued at $59.50 from the Arrowhawk Smoke Shop on the Tonawanda Indian Reservation.

Call of Duty II is one of the hottest video games on the market, and at least one person in Batavia has a copy that doesn't belong to him.

The game, a version known as Modern Warfare II, was stolen from a residence on Maple Street within the past week, along with an Xbox console and a controller.

The residents were out of town from the July 12 thru 18, returning home early this morning to find that their house had been broken into and the Xbox, controller and game all missing.

Nothing else was touched.

"Sometimes when a report like this appears in the press, a parent or somebody is alerted and they notice a child has something that they can't explain where or how they got it," Det. Pat Corona said.

To reach Corona with any tips, call (585) 345-6373.

Someone has reportedly been stabbed on the street, prompting City of Batavia police to respond to a location on Ellicott, just south of Hutchins Street. The victim, an adult male with a laceration to his right hand and middle finger, has just arrived at UMMC via Mercy EMS.

UPDATE 12:55 a.m: The incident may be a domestic situation and the suspect is in custody, according to a police officer.

A full tank of gas has reportedly leaked from a vehicle at the Kwik Fill, corner of Jackson Street and Ellicott Street.

The car is reportedly parked next to the gas pumps.

City fire is responding.

UPDATE 4:07 p.m.: Only about a quart of fuel spilled. It's cleaned up. Ladder 15 staying on scene until AAA tow arrives.

A caller on Tracy Avenue reported smoke behind a house on Bank Street and City Fire has responded to investigation.

It was possibly an unintended fire, such as a controlled burn.

The address originally reported was 154 Bank St.. A first responder reports the fire is behind 148 Bank St.

UPDATE 4:03 p.m.: Fire's out. City Fire back in service.

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Judy Essig and her two daughters, Jenna and Nicole, were texting away in front of St. James Episcopal Church yesterday.

St. James is in the running for a Pepsi Refresh grant -- the same grant that Robert Morris and Byron-Bergen elementary schools won for the construction of new playgrounds earlier this year -- $50,000 each.

If the St. James community wins the grant, they will use the money for the restoration of the church's bell tower, a project that is still in its early phases.

Laurie Oltramari, president of the Landmark Society of Genesee County, said that the church is getting ready to choose a contractor, and that the Pepsi Refresh grant will fund masonry repairs, architectural and engineering fees, and promotion of the overall project.

Oltramari applied for the grant on behalf of the church out of a desire to preserve one of Batavia's most impressive landmarks. Built by Robert North in 1908, it is based on the Gothic architecture of churches North studied while living in England.

Unfortunately, the tower has been slowly deteriorating over the last 10 years due to water infiltration and very hard mortar in its structure. As you can see in pictures below, parts of the stonework have actually fallen off.

According to Marcia Gann, a member of St. James who is also on the committee for the tower's restoration, "the church has pledges of $350,000 directed toward the repair of the bell tower" as a result of the 2010 campaign.

These pledges have been earned through campaigning and fundraisers, as well as a $40,000 grant commitment from the New York Landmarks Conservancy.

As far as the project's current phase goes, "I'd say we're going to need about $250,000 just in order to have a safe environment (for people to work in for repairs)," Essig said. 

Right now, they are still working on removing those parts of the tower that need to be removed just in order to "get it up to code," as Oltramari put it.

Starting Monday at 10 a.m., volunteers will man a free Pepsi stand in front of the church -- at 405 E. Main St. in Batavia -- and hand out voting instructions. People can drop off Pepsi bottle caps any time in a designated barrel at the church.

Voting for the project will continue through July 31. To place your vote:

1) Go to refresheverything.com/savethetower, or

2) Text 107740 at 73774.

You will notice a "Power Vote" option on the Pepsi Refresh site. This allows you to vote up to 10 times a day, according to Oltramari.

If you click on this option -- which is right above the normal voting tab -- you will be asked to enter the code on your specially marked Pepsi product cap.

At the moment, the church's rank is 69 out of 250 runners-up. So get online and start voting to hear those church bells ring!

SUPPLEMENTAL PHOTOS

Kids enjoy what the new playground has to offer at Robert Morris Elementary School -- also funded by the Pepsi Refresh grant.

The 49-year-old woman who, according to witnesses, purposefully stepped in front of a moving car on East Main Street on Thursday night has taken her own life.

According to a source in law enforcement, the woman used a gun this morning not long after being released from Strong Memorial Hospital, where she was taken for treatment by Mercy Flight after being hit by the car.

We've come into that part of the season where there is an abundance of fresh fruits and vegetables at the local farmers markets. Yesterday afternoon, I stopped by the Genesee Country Farmers' Market at Batavia Downs and took a few pictures.

The market is open Tuesdays and Fridays.

While out at the Genesee County Airport tonight, I noticed the beautiful full moon right after a Mercy Flight helicopter landed.

An airplane has rolled over on the west-end runway at the Genesee County Airport and the pilot is still inside. Unknown injuries. No fire seen.

Mercy medics and Town of Batavia firefighters are responding. The airport is at 4705 E. Saile Drive, Town of Batavia.

UPDATE 8:48 p.m.: No extrication needed. The pilot is conscious and alert but medical attention is required.

UPDATE 8:52 p.m.: Medics will need assistance in getting the pilot out.

UPDATE 8:58 p.m.: A "hydraulic rescue cutter" is needed and will be brought to the scene.

UPDATE 9:03 p.m.: A pumper truck out of Oakfield is asked to stand in at Town of Batavia's fire hall. Mercy Flight is responding to the scene.

UPDATE 9:05 p.m.: The patient has been extricated.

UPDATE 9:10 p.m.: There's a 10 minute ETA for Mercy Flight.

UPDATE 9:12 p.m.: The Mercy Flight pilot says the airfield is in sight and it should arrive in about three minutes. The injured pilot is said to be in stable condition with a head laceration and an "open fracture" on one of his legs.

UPDATE 9:17 p.m.: Mercy Flight has landed.

UPDATE 9:30 p.m.: Mercy Flight is airborne, en route in Strong Memorial Hospital.

UPDATE 9:48 p.m.: Town of Batavia firefighters returning to service and so is Oakfield. The runway and taxiway are being checked, and swept, as per Federal Aerospace Adminstration requirements. State police will be the last to leave and then the runway will be reopened.

UPDATE 9:51 p.m.: The airport runway is clear of debris.

UPDATE: WBTA's Geoff Redick was still on scene when a State Trooper conducted a short press conference. Watch the video here. The pilot is Patrick McCabe, 54, of Caledonia. McCabe suffered a compound fracture to his leg. The trooper said this flight was McCabe's maiden voyage with the plane. The crash occured before take-off for an unknown reason.

Cheer Camp, sponsored by the Batavia Bulldawgs Youth Football League, is going to be held from 9:30 to 11:30 Saturday morning, July 30, at Kibbe Park. Drop-off starts at 9 at the check-in table.

Cost is $15. Participants must be between 6 and 12 years of age. Birth certificate is required to register.

Registration is 6 to 8 tonight and also from 9 to 11 a.m. tomorrow at Batavia City Centre. To register by mail, send check or money order no later than July 23 to:

Batavia Bulldawgs Football

Atten: Cheer Camp

7 Highland Park

Batavia, NY 14020

Regarding attire, each athlete should come dressed and ready to play. Please wear workout apparel, including T-shirt, shorts, socks and athletic shoes or cleats. NO JEWELRY.

There will be plenty of water but kids are welcome to bring their own drinks.

This two-hour camp will teach the basics of cheerleading. It will include stunts, tumbling, jumps, cheers and dancing! The camp will be coached by Batavia High School Cheer Coach Krista Shamp, along with a few of her alumni cheerleaders and present varsity cheerleaders.

Smoke is reported in the area of 7899 Route 98, north of Saile Drive. No flames are showing. Town of Batavia Fire Department is responding.

UPDATE 3:44 p.m.: A small fire is reported in a field north of the farm there.

UPDATE 3:58 p.m.: The fire is out. It was determined to be "animal fecal matter." The chief said "It was probably caused by friction." Dispatch replied "Thank you, chief."

A two-car accident with injuries is reported in front of McDonald's restaurant on West Main Street in Batavia.

Town volunteer firefighters and Mercy medics are responding.

UPDATE 3:15 p.m.: The 19-year-old female driver of a sedan was transported to UMMC as a precaution. She was able to walk to the ambulance. She suffered some minor left arm pain, possibly to due to air bag deployment, and a slight chemical burn. She struck a county highway department truck.

UPDATE 3:22 p.m.: Town fire units returning to service.

Mark D. Tooley, 28, of Main Road, Stafford, is charged with a felony count of DWAI-Drugs, felony aggravated unlicensed operation and criminal possession of a controlled substance, 7th. At 2:28 p.m., the Sheriff's Office received a report of a red Dodge Caravan being driven erratically on Westbound Route 33, Bergen. The vehicle was located driving on Route 33 in Stafford and observed crossing a double solid center line and weaving within its own lane. The car was stopped and Tooley was charged with the offenses listed above along with criminal impersonation, 2nd, for allegedly giving a false name and date of birth to a deputy and driving left of pavement markings. Tooley was was jailed on $25,000 bail.

Steven Keith Snyder, 46, of Westside Drive, Chili, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed and refusal to submit to breath test. Snyder was arrested during an investigation into a property damage accident reported at 12:02 a.m. Thursday on Walker Road, Darien, by Sgt. Brian Frieday.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with petit larceny. Lockhart is accused of shoplifting from Kmart on June 21, but he could not be apprehended that day. He is accused of stealing $54.23 in merchandise. Lockhart was jailed on $1,000 bail.

A car has struck a pedestrian at East Main and Elm streets in the City of Batavia. Injuries are serious. The fire department and Mercy medics are responding. Mercy Flight out of Buffalo has been notified and will be responding.

UPDATE 9:17 p.m.: Mercy Squad #2 is en route to the Genesee County Airport with a patient on board for Mercy Flight to transport.

UPDATE 9:32 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital in Rochester.

UPDATE 9:57 p.m.: Statements from witnesses indicate the woman who was struck, whose name has not been released yet, may have been trying to get hit by a car. Gretchen Hawley, who was sitting on the patio of a nearby restaurant with her father, Ted Hawley, said she saw the woman dart out into traffic as a car was heading west with a green light. The car managed to stop before hitting the woman. The woman then went back to the sidewalk and waited a while then with a green light for westbound traffic and a small black sedan approaching, the woman ran into the street again. "She went out in the street and then sped up to get in front of the car," Gretchen said. Ted added, "It was totally deliberate." Police confirmed that other witnesses told consistent stories. The driver of the car was shaken up, but not injured. The woman said she was "hurting all over" and transported to Strong by Mercy Flight as a precaution. It's unknown if she has any internal injuries. She was conscious and alert at the time of transport.

UPDATE: The victim has been identified as a 49-year-old woman from Le Roy, but her name is not being released at this time. Her medical condition is not known at this time.

About five minutes ago, there was a minor three-car accident on East Main Street at Center Street. No injuries. City Fire Department called to deal with an antifreeze leak. City police on scene to take a report.

Jody Blaine Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI, aggravated DWI and moving from lane unsafely. Following a lengthy investigation into an accident on Clinton Street Road, Batavia, on Feb. 23, Gillett was accused of driving while intoxicated.

Douglas Paul Cornelius, 32, of Pratt Road, Pembroke, is charged with petit larceny. Cornelius is accused of stealing woodworking equipment from a location on Pratt Road, Pembroke. 

Tyler P. Schroeder, 19, of Lewiston Road, Batavia, is charged with petit larceny. Schroeder is accused of stealing $700 from a residence in Elba on June 3. Schroeder was arraigned in Oakfield because no Elba town justice was available and remanded to Genesee Jail on $3,000 bail.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with unlawful possession of marijuana. Lockhart is accused of trying to hand off marijuana he had in his pocket to a girlfriend while in Town of Batavia Court on an unrelated criminal charge.

William Andrew Johnson, 23, of Alexander Street, Rochester, is charged with unlawful possession of marijuana. Johnson was allegedly found in possession of marijuana during a traffic stop at 8:43 p.m., Tuesday, on Route 77, Corfu, by Deputy Patrick Reeves.

John Jeffery McCombs, 23, of Oxford Street, Rochester, is charged with unlawful possession of marijuana. McCombs was a passenger in a vehicle stopped for alleged traffic violations at 8:43 p.m., Tuesday, on Route 77, Corfu, when he was allegedly found in possession of marijuana by Deputy Patrick Reeves.

Nathaniel Michael Dickens, 18, of Broadway Street, Oakfield, is charged with harassment, 2nd. Dickens is accused of striking another person during an incident on July 7.

Deborah A. Schramm, 30, of East Main Street, Batavia, and Michael R. Schramm, 35, of East Main Street, Batavia, are charged with petit larceny. Deborah and Michael are accused of shoplifting at Walmart.