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Police Beat: Le Roy resident accused of burglary, growing marijuana

By Howard B. Owens

Name Redacted Upon Request, 19, of Lake Street, Le Roy, is charged with burglary, 2nd, criminal possession of stolen of stolen property, 5th, petit larceny, growing cannabis without a license and unlawful possession of marijuana. xxxx was arrested following the execution of a search warrant on his residence, which was the result of an investigation that began April 15 after a village resident complained a home had been entered and various items stolen. The investigation pointed to xxxx as the suspect and a search warrant was obtained. During execution of the search warrant, numerous allegedly stolen items were found as well as marijuana plants and marijuana paraphernalia. xxxxx was jailed on $15,000 bail.

Michael B. Pfaff, of Keeney Road, Le Roy, is charged with felony DWI, aggravated DWI and failing to stop at a stop sign. Pfaff was stopped Sunday by a Le Roy police officer. He was jailed on $1,500 bail.

Jonathan Cornell Robinson, 24, of Buffalo (no street address released), is charged with DWI, driving with a BAC of .08 or greater, operating on a suspended license and driver's view obstructed. Robinson was stopped at 12:39 a.m., Saturday, on Main Street, Batavia, by Deputy Patrick Reeves.

Keith Patrick Snyder, 30, of Lewiston Road, Alabama, is charged with unlawfully fleeing a police officer in a motor vehicle, DWI, driving with a BAC of .08 or greater, speeding and consumption of alcohol in a motor vehicle. Snyder was stopped at 2:58 a.m, Saturday, on MvVean Road, Darien, by Deputy Jason Saile. Snyder was also charged with refusal to take breath test, failure to signal and failure to yield right-of-way to an emergency vehicle.

Charles Linwood Muntz, 22, of Crosby Road, Basom, is charged with a felony count of DWI, leaving the scene of a property damage accident and parking on a public highway. Muntz was allegedly found asleep at the wheel of his vehicle while it was stopped at an intersection on the Tonawanda Indian Reservation at 3:11 a.m., Saturday, by Deputy Eric Seppala.

Jeremy John Patterson, 20, of Medina (no street address released), is charged with DWI, driving with a BAC of .08 or greater, tinted windows and plate obstructed. Patterson was stopped at 1:53 a.m., Sunday, on Alleghany Road, Basom, by Deputy Patrick Reeves.

Earl Elsworth Sands, 53, of Batavia (no street address released), is charged with harassment, 2nd. Sands was arrested following a disturbance at his residence at 10:30 p.m., Saturday. Sands is accused of striking a visitor to his residence.

Jennifer Rae Champlin, 31, of Bloomfield (no street address released), is charged with unlawful possession of marijuana. Champlin was stopped for an alleged traffic violation at 5:06 p.m., Sunday, on Ellicott Street, Batavia, by Deputy Patrick Reeves.

Family blames UMMC for inadequate protections against potentially deadly bacteria

By Howard B. Owens

An elderly member of one of Batavia's most prominent local families lies in a United Memorial Medical Center bed tonight gravely ill, and family members are fairly confident UMMC is responsible for her serious condition.

The aunt of local business woman Lois Gerace, and the great-aunt of Town of Batavia Board Member John Gerace, Margaret Wagner, 86, contracted clostridium difficile, more commonly called "C diff," after being treated for a fractured hip at UMMC.

She's been in the hospital for two weeks and medical personnel, according to Lois and John, have told the family she will likely succumb to the bacteria.  

"They have her in what's called 'comfort care,'" Lois said.

UMMC CEO Mark Schoell acknowledges that there has been a slight spike in the incidents of C diff at the hospital, but said it's a common infectious bacteria at hospitals and UMMC takes every standard precaution to prevent its spread.

"I believe our infection controls procedures and policies are excellent," Schoell said. "They comply with all of the standards of the industry and all of the requirements of the health department of New York State. In fact, when we saw the spike in our absolute numbers of C diff, we immediately got the health department involved in the effort to manage those cases."

C diff most commonly strikes elderly people while hospitalized, especially when they're on antibiotics, but according to the Mayo Clinic (link above), C diff can make even healthy people not on antibiotics ill. While it is treatable, C diff is potentially fatal for anybody who contracts it.

Annually, more than 480,000 people are diagnosed with C diff. Of those, 28,000 die as a result. Not quite half of those deaths occur after people contract C diff in a hospital. The majority of deaths occur in nursing homes.

Schoell said typically, UMMC  has a count of 40 to 45 patients and with that number of patients, at least two or three contract C diff.

The Geraces believe Wagner contracted C diff when, after her surgery, she was placed in a third floor recovery room with a C diff patient. At least, they say, that's what a nurse told them, though Lois admits they don't have lab tests or hospital records to support the assertion.

Recently, the hospital had 65 patients and currently has six C diff patients, Schoell said.

Up until yesterday, John Gerace said, his aunt was in a room on the third floor, but after he let a head nurse know that he had notified the media of the situation, the hospital removed all patients from the third floor and sterilized it from top to bottom.  

"Now, if there wasn’t a problem, or if I didn’t say anything, there would still be people up on that third floor," John said.

Schoell said the decision to vacate the third floor and clean it was made well before the media was contacted by Gerace. He said the hospital could only make the move after the number of patients dropped, which typically happens on a weekend, so beds could more easily be relocated and all the C diff patients could be consolidated in the same wing.

"We would have done that, taken the same actions whether there was media involvement or not," Schoell said. "It was the right thing to do."

Schoell said by consolidating C diff patients in one wing, hospital staff can do a better job of controlling who enters and who leaves rooms, but on Sunday evening, two reporters were able to walk right up to the second floor, ask for a family member of a C diff patient, and be escorted down the hall to the area of the room (though the reporters made no attempt to enter the room). No staff members offered any objections or warnings.

John Gerace also disputes the assertion that there are only six C diff patients at UMMC. He said he's counted at least a dozen of the red "stop" signs similar to one placed outside his aunt's room on the second floor. 

The Geraces are especially concerned for the sake of the community that there is no security on the second floor warning visitors that a potential lethal bacteria is present, nor are there adequate warning signs and information posted when you arrive on the floor warning of the danger.

"If you come in and you’re having a bad stomach day and your antacids aren’t kicking in, you’re done," said Robert Gerace. "In three or four days, you’re going to be in the same bed."

The Gerace's first learned of Margaret Wagner's condition when they came to visit her a few days after her hip surgery. They started toward her room, John said, and a nurse stopped them and said, "You don't want to go down there."

The nurse said they didn't know what was wrong with Wagner, but it was potentially communicable. Family members were eventually allowed into the room, but only after donning gowns and masks. They told Wagner they were dressed up for Halloween.

After visiting with Wagner a couple of times while wearing masks, another nurse pulled John aside and said the masks weren't necessary because C diff is not airborne.

All along the line, John said, communication from the hospital about how to protect themselves from C diff has been spotty and inconsistent.

"I'm leaving one day and a staffer says, 'Oh, by the way, you want to wash the bottom of your shoes off with chlorine and water,'" John said. "Nobody told us this before. You could be tracking it into your house with small children. Nobody is telling us this stuff. Why wouldn’t somebody come in and say, ‘oh, by the way, these are all the things you guys need to do'?"

Family members have been concerned about some of the sanitary practices they've observed over the past two weeks. They said they've seen janitors cleaning out contaminated rooms, sweep everything into the hall and then use ungloved hands to pick up the waste and put it in a trash can.

Lois's husband, Joe Gerace, is partners with her in Bob Harris Realty and he operates Gerace Hair Care (he's also chairman of the City of Batavia Republican Committee). She said she doesn't understand why the state requires barber shops and beauty salons to keep all trash in covered receptacles but all around the hospital, she's seen open containers used to dispose of potentially contaminated materials.

The Gerace family has a history of supporting UMMC and said one of the things they've valued about living in Batavia is that the city has a local, nearby hospital. Now all they want, each of them said, was to ensure that local residents get safe, quality care at their local hospital.

"I really don’t want to get into lawsuits and stuff like that," Lois said. "What I want to see is protection for the patients here."

This story produced in cooperation with The Batavian's news partner, WBTA.

Two people suffer second-degree burns in kitchen grease fire in city

By Billie Owens

A kitchen grease fire was reported in the rear of the residence at 111 Liberty St. in the City of Batavia and its fire crews responded. Smoke was showing when they arrived, but the blaze was quickly extinguished.

The building was evacuated. Two people suffered second-degree burns, according to responders.

An ambulance is en route.

The location is between Central Avenue and Cherry Street.

UPDATE 9:24 p.m.: A Mercy Medic unit is called.

UPDATE 9:43 p.m.: City Ladder 15 is returning to quarters. Mercy Squad 2 is back in service. The burn victims have been transported to Strong Memorial Hospital in Rochester.

Top photo by Howard Owens, bottom photos by Frank Capuano.

 

Crime Victims' Week ends with silent walk

By Howard B. Owens

National Crime Victims' Week was recognized in Batavia this week and events culminated Friday with a silent walk to remember victims of crime. The walk ended at City Hall where a reception was held.

Hundreds turn out for opening of Rosalie 'Roz' Steiner Art Gallery at GCC

By Howard B. Owens

The brand-new Rosalie “Roz” Steiner Art Gallery opened Friday with great fanfare. Hundreds of people from throughout the county were on hand to see the gallery's first show and witness the opening ceremonies.

Above, the children and grandchildren of Roz and Stuart Steiner, from left: David Steiner, daughter Ava, Sarah Rogers, Robyn Steiner (holding Ava's hand), Lisa Rubin, Susan Steiner, Daniel Rubin and Dr. Steiner. A photo of Roz Steiner, background, was unveiled as part of the ceremony. 

Bottom photo, Eric Suritella and Carol Acquilano, the first artists featured in the gallery.

Photo: Nancy Mortellaro, 2011 'Friend of the Library'

By Howard B. Owens

On Friday afternoon, Nancy Mortellaro was honored at the Richmond Memorial Library as the 2011 Friend of the Library.

Mortellaro praised her fellow friends and called them her "virtual Facebook," noting that unlike the real Facebook, she gets to see her friends face-to-face every day.

Mortellaro was honored for her diligent and long-standing support of the library.

Seven people injured in two-car crash on Route 5

By Howard B. Owens

A driver heading west on Route 5 near Mill Road shortly after midnight claims she didn't see the turn signal of the car ahead of her and was unable to stop before slamming into the 2003 Chevy sedan.

The SUV overturned and six people inside were transported to UMMC for treatment of various injuries.

The driver, Amanda A. Mull, 26, of Knapp Road, Akron, was cited for allegedly following too close and unlicensed operation.

The driver and passengers in the SUV were Erika R. Kreidler, 18, Cashay O. Merritt, 19, Ynesha C. Nixon, 18, Shanta A. Bedo, 18, Precious M. Jones, 18, Nana S. Gyesi, 22.

Kreidler's vehicle is registered in Mt. Washington, Ky.

Mull was also injured and transported to UMMC.

The accident was investigated by Deputy Patrick Reeves.

Police Beat: Youth accused of violating order of protection by hitting woman

By Howard B. Owens

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt, 2nd. Orbaker was taken into custody on East Main Street, Batavia, by State Troopers and Sheriff's Deputies on Thursday afternoon. Orbaker is accused of violating an order of protection. He allegedly hit a female covered by an order of protection.

Brian Michael Fairbanks, 33, of Church Street, Le Roy, is charged with unlawful imprisonment, 2nd, and menacing, 3rd. Fairbanks allegedly committed the crimes during a dispute with a friend in his apartment.

Nicholas M. Lyons, 30, of 17 Central Ave., Batavia, is charged with menacing, 2nd, and harassment, 2nd. Lyons is accused of punching, kicking and using a knife to threaten another person during an alleged incident at 10 p.m., Thursday.

Photo: Upton Monument Eagle

By Howard B. Owens

The eagle atop the Upton Monument at Main and Ellicott in yesterday's late afternoon sun.

GCEDC board approves tax abatements for Holiday Inn Express construction

By Howard B. Owens

As a matter of "consistency," the Genesee Economic Development Center Board on Thursday approved tax abatements for a proposed Holiday Inn Express near the Thruway in Batavia.

The project will get a 60-percent PILOT (Payment in Lieu of Taxes), and relief from mortgage taxes and sales taxes on construction materials.

Several local hotel owners showed up for the meeting at the Upstate MedTech Center, but none where given a chance to speak. They previously expressed their concerns at a public hearing attended by GCEDC staff, but no board members. Last month, staff members presented a detailed report to the board on the owners' objections.

Mark Masse, senior VP of operations, said in a brief statement to the board today that he researched some of the claims made by hotel owners -- about the impact more hotel rooms would have on occupancy rates -- and concluded, "an analysis of the data could be interpreted in many different ways."

Past hotel projects that received GCEDC assistance included construction of the Best Western in 2002 and the Hampton Inn in 2002. In 2008 and 2010, local acquisitions of hotels received tax abatements (but no PILOT) and the Travel Lodge and Clarion have recently received PILOTs.

Masse concluded, "It's my recommendation as a policy decision to either be consistent with previous 60-percent PILOTS, mortgage tax and sales tax abatements, or is it the decision of the board not to help these types of projects going forward."

Board Chairman Hollis Upson spoke in favor of being consistent.

"There is some argument for the fact that additional rooms could be brought into the market without severe impact to existing hotels," Upson said. "It's certainly not the EDC's intention to harm any existing business, but we also want to be consistent."

After the meeting, the attorney for the existing hotel owners argued that there is no precedent for these tax abatements. He said the prior abatements for more rooms were granted years ago before the market was saturated.

"All of the data is that the 12-month occupancy rate never gets above 50 percent," said Thomas J. Warth, of Hiscock & Barclay. "Most of the properties are in the 40-percent area, and that's distressed property range."

Possible apartment fire on Bank Street, Batavia

By Billie Owens

A possible fire is reported in an upstairs apartment located at 335 Bank St. It's in the Northside Meadows Apartments, building A.

City Fire Department is responding.

UPDATE 12:09 p.m.: It's burnt food, according to the firefighter on scene.

UPDATE 12:11 p.m.: All units are clearing the scene, back in service.

Missing teen has youth officer concerned

By Howard B. Owens

A 16-year-old who was last seen at Tim Horton's restaurant in Batavia at 5 p.m., April 7, has John Dehm, youth officer for the Sheiriff's Office, concerned.

The teen has runaway in the past, but she's never dropped out of contact before, Dehm said.

"I'm a little worried about here," Dehm said. "I would like somebody to call and say we know where she is."

Even if she just pops up on Facebook, Dehm would like to know.

Sara Howard is described at 5'2", 120 lbs and was last seen wearing black jeans, black books, a dark gray sweater and a black Aeropostale jacket. She has dark brown hair usually worn in a ponytail.

Dehm said he's tried calling her and texting her but hasn't gotten any response.

Anybody with information about Sara is asked to call the Sheriff's Office at 343-5000.

Police Beat: Marijuana possession charge

By Howard B. Owens

Jennifer Jean Fracek, 20, of Batavia-Stafford Townline Road, is charged with unlawful possession of marijuana. Fracek was charged after College Village security contacted the Sheriff's Office with a claim that Fracek was found in possession of marijuana during a security investigation.

Clattenburg intends to seek District 8 seat being vacated by Upson

By Howard B. Owens

Press release:

Having recently learned of Hollis Upson’s decision not to seek another legislative term this fall, I have decided to pursue the Republican nomination to be the next representative for the 8th District on the Genesee County Legislature.

The 8th District represents Wards 2 and 3 in the City of Batavia. I have been a resident of the second ward for most of my adult life. Before my election to Council at Large, I served as the second ward representative on the City Council. As the current City Council President, I have committed myself to addressing the needs and challenges within the City of Batavia. If given the opportunity, I will work diligently to address those needs at the county level.

Federal charges brought against Buffalo man accused of four bank robberies, including Batavia

By Howard B. Owens

In 2007 the Bank of America branch on Main Street, Batavia, was robbed by a man who may have displayed a gun, and today, a federal grand jury indicted a suspect in that case.

Michael C. Makolinski, 30, is facing four federal counts of armed bank robbery, four counts of illegally entering a bank with the intent to commit a larceny while armed and four counts of armed bank larceny.

Each charged carries a penalty of 25 years in prison and a $250,000.

Besides the Nov. 7, 2007 robbery in Batavia, Makolinski is accused of robbing the Fairport Savings Bank, on Hudson Avenue, Irondequoit, on Nov 16, 2007, the First Niagara Bank, on Center Street, Lewiston, on Nov. 27, 2007, and the Evans National Bank, on Delaware Avenue, Buffalo, on Dec. 5, 2007

In each case, Makolinski is accused of brandishing what appeared to appeared to be a firearm.

Assistant U.S. Attorney Richard Maigret, who is handling the case, stated that the Indictment is the result of an extensive investigation conducted by Special Agents of the Federal Bureau of Investigation and New York State Police Investigators over the last three and a half years. 

The Batavia Police Department assisted in the investigation.

Grand Jury Report: Pair charged in alleged timber thefts

By Howard B. Owens

Donnie Hendrickson is indicted on charges of grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st. Hendrickson is accused of cutting and stealing timber from property in Le Roy between Jan. 9 and Feb. 14, 2010 with an estimated value in excess of $1,600. The timber trespass charges each stem from alleged removal of specific trees, including sugar maple, red oak trees and hickory trees. He is also accused of removing trees from property in Stafford, specifically swamp white oak and soft maple trees. He is also accused of cutting and removing timber from a property in Stafford with a value in excess of $18,000. He is also accused of fraudulently trying to acquire the trees.

David Isabell is indicted on charged of two counts of grand larceny, 4th, three counts of grand larceny, 3rd, issuing a bad check, 22 counts of timber trespass, petit larceny, theft of services and scheme to defraud, 1st. Isabell is accused of stealing timber from a property in Le Roy with a value in excess of $1,000. He's also accused of stealing $6,250 from a person in Bergen. He's also accused of stealing timber from a property in Le Roy with a value in excess of $3,000. He's accused of writing a bad check to a person in Le Roy with a value of $5,600. He's a accused of removing timber from a property in Stafford with a value in excess of $450. He's accused of removing timber from a property in Le Roy with a value in excess of $1,000 The alleged timber removed from these properties includes sugar maple, red oak, hickory and swamp white oak. The theft of services charge comes from an allegation that Isabell failed to pay for hotel rooms in Batavia. 

Randall W. McKeown is indicted on a felony charge of DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. McKeown is accused of driving drunk on Nov. 7 while in the Town of Batavia.

Police Beat: Pair accused of violation orders of protection

By Howard B. Owens

Nichole L. Rushing, 24, of 113 Jackson St., Apt. #2, Batavia, is charged with criminal contempt, 2nd. Rushing is accused of allowing a person who was barred from being in the presence children into her residence with out prior court approval.

Francisco Martinez Jr., 37, of 113 Jackons St. Apt. #2, Batavia is charged with criminal contempt, 2nd. Martinez reportedly walked to Batavia Police headquarters to report an alleged violation of a family court order of protection involving a female acquaintance. While reporting this incident, Martinez reportedly admitted that he was living at the same address and was violating an order of protection by being there. Martinez was reportedly ordered by city court to stay away from the residence and two young children who reside there.

Lemual Morris Clawson, 28, of Eelpot Road, Naples, is charged with petit larceny. Clawson is accused of stealing video game disks from Kmart.

Batavia High student accused of making harassing phone calls to several women

By Howard B. Owens

A 16-year-old Batavia High School student is facing seven counts of aggravated harassment for allegedly placing calls to various local women that were either of a sexual nature, or were, in the words of Det. Todd Crossett, "disturbing and alarming."

In all, during the months-long investigation, Crossett said at least 45 women came forward with complaints about unwanted calls from the youth.

The name of the suspect has not been released by police because he's eligible for youthful offender status.

While many of the calls were made to women associated with BHS, Crossett said the alleged victims were spread throughout the community.

"I'm not 100 percent certain why he chose who he chose," Crossett said.

The first complaint came in last July, Crossett said, and at that time, he suggested to the alleged victim that she block her private numbers, but then in the coming months, more and more women came forward, especially as women started talking with each other about getting the calls.

In was in December that Crossett said he decided, "OK, we've got something here," and he started to compile evidence for a criminal case.

The seven charges are related to alleged calls going back to October.

Most of the women chose not to press charged, Crossett said, because they know the boy's family and felt the family could handle the issue.  

However, the seven women who are pressing charges wanted to ensure that an order of protection is put in place, which can only happen if criminal charges are filed.

"Also, the general consensus was that they want him to get help," Crossett said. "That really was the consensus of the women."

The youth was arraigned in Town of Batavia Court and released under the supervision of Genesee Justice.

Photo: Bell ringing to mark 150th anniversary of start of the Civil War

By Howard B. Owens

To mark the 150th anniversary of the start of the Civil War, there was a bell ringing at the Holland Land Office Museum this morning, at precisely 10.

The bell ringers were, from left, Elijah Monroe, Jeff Donahue, Shannon Guiste, Terry Lee and Ann Marie Starowitz.

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