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Caller says car parked across the street is harassment

By Billie Owens

A caller reports a suspicious condition to the dispatcher. He complains that a vehicle is parked across the street from his house and that it's been there for some time. He suspects this is meant to harass him. He has no idea who the vehicle belongs to, but he believes the person responsible for the parking situation may have a restraining order against him. Law enforcement is responding.

UPDATE 4:43 p.m.: The driver returned to the vehicle and left without incident.

GCEDC approves incentives for five business expansions

By Howard B. Owens

Reed Batavia Properties, LLC, 39 Washington Ave., Batavia, has been approved for $140,861 in tax incentives for upgrades to its building. Reed purchased the building from Batavia City Schools. The 13,452-square-foot building is the former administration building. Reed will renovate the building for medical/office use. Genesee County is currently designated a Health Professional Shortage Area. The assessed value is $475,000. The property was formerly tax exempted and will become taxable at the current assessed value. Reed will receive a tax abatement PILOT on the increase in assessed value over the current assessed value, which is an anticipated tax savings for Reed of $76,361. Reed will also receive sales tax exemption on construction materials, furniture and fixtures of $52,000 along with a mortgage tax exemption of $12,500. Reed is investing $1.5 million in the project and expected to create six new jobs.

Yancey's Fancy, Inc./D&Y Cheeses, Inc., 857 Main Road, Pembroke, is planning a $10.2 million expansion. GCEDC has approved $980,000 in incentives. The expansion will increase capacity and create new flavors and cheese types. All packaging will be performed at the facility. The company will also build new offices. The current facility is 29,000 square feet. The expansion is 65,000 square feet plus a 25,000-square foot expansion of the second floor. The sales tax exemption is $320,000 with a mortgage tax exemption of $112,500 and PILOT of $547,533. Yancey's Fancy has pledged 50 new jobs within three years.

Darien Lake Theme Park, is investing $5.2 million in new rides and upgrades to the park and accommodations. The company will receive a $328,939 incentive package through GCEDC. The project includes construction of new cabins, a new "launch ride," and a laser light attraction. The upgrades are expected to take three years to complete. GCEDC has approved a sales tax exemption of $181,600 and a PILOT of $147,339. Darien Lake provides more 400 full-time equivalent jobs, including 2,000 seasonal workers. The expansion is expected to create six new jobs and retain 422 FTEs.

Fontrick Door, Inc., 9 Apollo Drive, Batavia, is expanding through acquisition of the building at 1 Treadeasy Ave., Batavia. Frontrick Door is investing $500,000 to purchase the $31,919-square-foot building, where it plans to develop a window manufacturing location in 2014. GCEDC has authorized a mortgage tax exemption of $6,250. 

Bonduelle is planning to make a $3.2 million capital investment in its plants in Oakfield, Bergen and Brockport. This is mainly a retention project to upgrade facilities, according to GCEDC. The majority of the investment will be made at the Oakfield plant, where a lima bean line will be installed. Bonduelle has secured contracts with farmers for 2,500 acres of lima bean production. The upgrades are expected to lead to 12 new seasonal -- five months -- jobs in Oakfield. Bonduelle is receiving a $250,000 grant for the project. Jobs retained: 305.

'Glitz-N-Glamour' Salon to host 'Dan Nash Cut-a-Thon'

By Daniel Crofts

Glitz-N-Glamour Salon owner Nicole Voltura will hold a “Cut-a-Thon” for her brother, Batavia resident Dan Nash, on Sunday, March 17 from 1 until 5 pm.

The event will include raffle items as well as a 50/50 raffle.  Voltura said there are 26 confirmed baskets for the raffle so far.

Items range from party mixes to wine, a Keurig machine, gift certificates to local restaurants, hair products, etc.

Ticket prices are $1 for three tickets or $10 for arms-length.

Event Date and Time
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'Glitz-N-Glamour Salon' to host 'Dan Nash Cut-a-Thon'

By Daniel Crofts

Glitz-N-Glamour Salon owner Nicole Voltura will hold a “Cut-a-Thon” for her brother, Batavia resident Dan Nash, on Sunday, March 17 from 1 until 5 pm.

The event will include raffle items as well as a 50/50 raffle.  Voltura said there are 26 confirmed baskets for the raffle so far.

Items range from party mixes to wine, a Keurig machine, gift certificates to local restaurants, hair products, etc.

Ticket prices are $1 for three tickets or $10 for arms-length.

As the event name suggests, the salon will also be offering haircuts to those who would like them.  There is no set donation amount for those – people are just encouraged to give whatever they can.

Nash was diagnosed with a brain tumor in February.  According to Voltura, doctors were able to remove 90% of the tumor and are waiting to see if the rest will disappear.

Meanwhile, Nash has had doctor visits two or three times a week and has a long recovery ahead of him.  To make things worse, he is out of work and has health insurance that, according to Voltura, “hardly covers anything.”

Voltura herself is a cancer survivor.  She remembers how the community came together to help her and her family in their time of need, and she sees the “Dan Nash Cut-a-Thon” as a way for her to “give back.”

Even though Nash is her brother, Voltura said she would do this for anybody.

“I like to help however I can,” she said.

Glitz-N-Glamour Salon is located at 319 Ellicott St. in Batavia.  For more information or to purchase raffle tickets – which anyone can do, even if they cannot make the event – call Voltura at 813-9757 or send her a message on Facebook via the event page (

Glitz-N-Glamour Salon owner Nicole Voltura will hold a “Cut-a-Thon” for her brother, Batavia resident Dan Nash, on Sunday, March 17 from 1 until 5 pm.

The event will include raffle items as well as a 50/50 raffle.  Voltura said there are 26 confirmed baskets for the raffle so far.

Items range from party mixes to wine, a Keurig machine, gift certificates to local restaurants, hair products, etc.

Ticket prices are $1 for three tickets or $10 for arms-length.

As the event name suggests, the salon will also be offering haircuts to those who would like them.  There is no set donation amount for those – people are just encouraged to give whatever they can.

Nash was diagnosed with a brain tumor in February.  According to Voltura, doctors were able to remove 90% of the tumor and are waiting to see if the rest will disappear.

Meanwhile, Nash has had doctor visits two or three times a week and has a long recovery ahead of him.  To make things worse, he is out of work and has health insurance that, according to Voltura, “hardly covers anything.”

Voltura herself is a cancer survivor.  She remembers how the community came together to help her and her family in their time of need, and she sees the “Dan Nash Cut-a-Thon” as a way for her to “give back.”

Even though Nash is her brother, Voltura said she would do this for anybody.

“I like to help however I can,” she said.

Glitz-N-Glamour Salon is located at 319 Ellicott St. in Batavia.  For more information or to purchase raffle tickets – which anyone can do, even if they cannot make the event – call Voltura at 813-9757 or send her a message on Facebook via the event's page.

Photos: Chris Collins meets with group of area farmers to discuss policy

By Howard B. Owens

Rep. Chris Collins met with a group of more than 30 farmers from throughout the NY-27 today at Farm Credit East.

The farmers comprise an advisory panel for Collins, who sits on the House Agriculture Committee.

The group was set up to advise Collins on issues pertinent to the industry, such as immigration, the new five-year Farm Bill, and regulations affecting dairy, vegetable, fruit and grain farmers.

This afternoon, Collins will also attend the Genesee County Economic Development Center's annual meeting at Genesee Community College.

Youths reportedly on garage roof, refusing to come down

By Howard B. Owens

Four youths are reportedly on the roof of a garage on Montclair Avenue and refusing to come down.

Batavia PD is responding.

UPDATE 5:13 p.m.: A police officer informs dispatch, "All youths returned to their residences. I spoke with their parents."

Matt Landers named chair of City GOP

By Howard B. Owens

Press Release:

The City of Batavia Republican Committee elected Matt Landers as the new Chairman during their meeting on March 5. Matt replaces longtime Chairman Joseph Gerace. The Committee thanked Joe for his many dedicated years of service to City of Batavia Republicans and presented him with a plaque. Matt has been the Treasurer for the City Committee the last seven years, along with serving as the County Republican Committee Treasurer the last six years. In addition, Matt is currently the Treasurer for the Batavia Kiwanis Club. Matt resides in the City with his wife, Melissa, and their two children, Kaitlyn and Benjamin.

Anyone interested in joining the committee can e-mail Matt directly at lmlanders@yahoo.com. The City of Batavia Republican Committee welcomes any new members who would like to get involved in local politics and support the ideals of the Republican Party.

Law and Order: Medina man accused sending harassing text messages

By Howard B. Owens

Robert F. Sargent, 50, of 416 East Center St., Medina, is charged with two counts harassment, 2nd. Sargent is accused of sending 67 text messages to one person and 27 text messages to another person over a period of weeks. The messages allegedly served no legitimate purpose and seriously annoyed the recipients. Sargent turned himself in to Batavia PD.

Samuel James Vernaccini, 19, of South Street, Le Roy, is charged with unlawful possession of marijuana. Vernaccini was stopped at 5:32 p.m. Monday on East Main Street Road, Batavia, by Deputy Joseph Corona for an alleged traffic violation.

Washington takes control in 4th to help the Blue Devils defeat Hornell

By Nick Sabato

Batavia used a 21-4 run over the final five minutes of the game to defeat Hornell and advance to the Class B Far West Regionals, 65 to 51.

The fourth quarter belonged to Batavia senior forward Justin Washington, who scored eight points and grabbed eight rebounds in the final frame alone.

Washington entered the quarter with only six points and having sat the majority of the third quarter with three fouled. But when he reentered the game, he immediately took over.

“(Washington) took the game over. Plain and simple,” said Batavia Head Coach Buddy Brasky. “I think he just decided it was time. He pretty much just took the game over, put us on his shoulders and carried us home.”

In the first half it was a different story for the Blue Devils, who jumped out to an early lead behind an unexpected source.

As Washington and Jalen Smith struggled to find their stroke in the first half, it was senior T.J. Powell who stepped up and delivered.

Powell scored all 13 of his points in the first half, while grabbing six rebounds, to give Batavia a 30 to 24 halftime lead.

“T.J. was tentative in the Newark game and we talked about it in practice,” Brasky said. “I told him to go out and be aggressive. I told him tonight is going to be your night and that was key. That’s the T.J. we need.”

Hornell began to cut into Batavia’s stingy defense during the third quarter, outscoring the Blue Devils 18-12 in the period, and eventually tied the game on a three-point field goal from Richard Brooks with just under a minute to play in the quarter.

“We weren’t sprinting back on defense,” Brasky said. “Their secondary break killed us. We were jogging back and they took advantage.”

The two teams headed into the fourth quarter tied at 42 and traded baskets before Brooks hit another three to give the Red Raiders the lead before Smith and Washington began to take over.

Smith had been struggling from the field all evening, going just 7-of-20 from the field and 2-for-13 from three point range for the game, but he began to take over in other facets.

The senior came up with three assists in the quarter, one on a gorgeous pass to sophomore Jeff Redband for an easy lay-up that forced a timeout.

“I trust my teammates to score, too,” Smith said. “I can’t score all of the points and my teammates help out a lot. They play hard and we all play together.”

Washington scored the first two baskets of the quarter for Batavia, and had matched both his point and rebound total for the entire game in the first four minutes of the frame.

After Hornell had taken a 47-44 lead, the Blue Devils went on to score the next 12 points during their 21-4 run to end the game. In total, Batavia held the Red Raiders without a point for nearly four minutes.

“Our team handles pressure very well,” Smith said. “We stuck together as a team, we played hard, we kept our confidence and we all stuck together.”

Smith would finish with a game-high 25 points, including several key free throws down the stretch to ice the game for Batavia (19-3).

Washington chipped in with 14 points, 14 rebounds and two steals for the Blue Devils, who will face the state's top-ranked team on Saturday in Olean.

The Huskies defeated East High School of Buffalo on Tuesday to win the Section VI championship, 62-50.

They are led by 6-foot-7 junior forward Sam Eckstrom, who notched his 1,000th point in the win and senior guard Wil Bathurst who scored 27 points, grabbed 19 rebounds and blocked six shots.

“Olean is the number-one ranked team in the state,” Brasky said. “We played them last year. We have everybody back and they have everybody back. They are just a solid team.”

The Blue Devils defeated Olean in their own tournament last year, 56-43. The Huskies would win their next 21 games before falling in the State Semi-Finals.

Tip-off is scheduled for 4:30 p.m. on Saturday at the Blue Cross Arena.

To purchase prints of photos, click here. To purchase prints of earlier Blue Devils games (boys and girls basketball, click here)

Noonan gives jail time to man who committed crimes while high on bath salts

By Howard B. Owens

Bradley Broadbent poked his finger into the defense desk and told Judge Robert C. Noonan this morning, "I'm never going to be behind this table again, your honor."

Broadbent was sentenced today on his five misdemeanor convictions stemming from his actions July 6 when he was high on a bath salt known as "Amped," that he said he purchased at the former 420 Emporium.

That day, he destroyed a bathroom of an office complex on Liberty Street, climbed on the roof of a house on Hutchins Street, and after leaving the emergency room at UMMC, entered a dwelling on Tracy Avenue.

A jury found him not guilty on all the felony charges he faced, but convicted him of five misdemeanors: two counts of criminal mischief, 4th, two counts of criminal trespass, 2nd, and petit larceny.

Those are charges, he said, he would have entered a guilty plea to if given a chance.

Broadbent said he really wants to get his life straightened out and was hoping for a probationary sentence or weekend incarceration.

"I've been in jail almost my whole life," Broadbent told Noonan. "I know with my record, saying I'm sincerely sorry is hard to take seriously, but I am sorry. This is the last time I'm ever going to be at this table, your honor, regardless of what you sentence me to."

Because of Broadbent's record, District Attorney Lawrence Friedman said, anything less than the maximum sentence available under New York law would be inappropriate.

Broadbent has a history, Friedman said, of violating terms of probation and parole.

Noonan did sentence Broadbent to the maximum for his misdemeanor convictions, which is two consecutive one-year terms in jail. With time served and time for good behavior, Broadbent will be out of jail in seven to eight months.

"You're a poster child for why bath salts had to be banned," Noonan said. "The evidence of your behavior in this trial was nothing short of bizarre, and not only in terms of what you did, but what you were able to do with almost superhuman feats while under the influence of those substances."

But, Noonan said, there's nothing indicating Broadbent could abide by any terms of probation.

"If you turn your life around, nothing would make me happier and the other people in the criminal justice system," Noonan said.

At age 33, Noonan said, it was time for Broadbent to put his childish behavior behind him.

Just before Broadbent was escorted from the courtroom, Noonan added, "I'm going to hold you to your promise that I won't see you back here."

PUBLISHER'S NOTE: Bradley introduced himself to me prior to the hearing. He thanked The Batavian for our fair, accurate and honest coverage of his case. We had a long talk, none of which is really fodder for this story. He did ask me to emphasize that he offers his sincere apology to the community for his behavior, that he realizes with his track record it might be hard for some to believe, but that he really wants to get his life going in the right direction. I believe he's sincere and truly hope he is able to move forward in a positive direction from this day forward.

Batavia named top micropolitan city for ninth consecutive year

By Howard B. Owens

Press release:

Site Selection Magazine has once again recognized Batavia/Genesee County as one of the top micropolitans in the United States. For the ninth consecutive year, Batavia/Genesee County has made the Site Selection Governor’s Cup rankings for top micropolitans and is now ranked tied for fifth on its national list.

“It is very difficult to jump up so many spots, especially with the intense competition among the top micropolitans throughout the United States,” said Mike Glennon, regional marketing director of Site Selection Magazine. “Congratulations to all in economic development in Genesee County; this is a superb job and a testament of the strength of the business climate and assets Batavia and the region have to offer.”

The ranking of Top Micropolitans is based on cities of 10,000 to 50,000 people which cover at least one county.  There are approximately 576 micropolitans in the United States according to Site Selection Magazine.  Batavia tied Shelby, N.C., for fifth place in the national rankings.

“This is a great recognition in an extremely competitive industry and it once again reinforces that when the public and private sectors work together we can accomplish great things for the region,” said Steve Hyde, president and CEO of the Genesee County Economic Development Council. “We look forward to continuing the momentum of this collaboration in our economic development efforts for 2013.”

The GCEDC will unveil its 2012 Annual Report highlighting performance results at the organization’s annual meeting on Friday, March 8 at Noon at Genesee Community College.

Among those attending include Congressman Chris Collins, New York State Senator Michael Ranzenhofer, New York State Assemblyman Stephen Hawley, Genesee County Legislature Chair Mary Pat Hancock and other local government and business officials.

National Grid will be recognized by the GCEDC as economic development partner of the year. Tickets are $20 and can be purchased in advance by calling the GCEDC at 343-4866.

Judge tells bookies they will serve in a weekend-work program

By Howard B. Owens

The three men -- including two former City firefighters -- who admitted to a bookmaking charge late last year will work weekends for the community through the Sheriff's Office the next four and a half months, serve three years on probation and pay a $1,000 fine each.

Because the county's work release program doesn't have any openings until March 30, City Court Judge Robert Balbick delayed formal sentencing until March 26.

Greg Phillips, Brian Bordinaro and Lance Engel each appeared in court with their attorneys.

Engel was the first called to the bench and his attorney Joseph LaTona argued that Engel should be given a conditional discharge, meaning no supervised punishment, though he would need to stay out of trouble for a period of time.

All three men entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. The maximum sentence available to Balbick on the conviction was up to a year in jail.

LaTona took note that while it's true that his client initially faced felony charges, District Attorney Lawrence Friedman, "a pretty tough guy," agreed to reduce the charge to a misdemeanor for a plea bargain.

"My client had to resign his job of 17 years at the New York state Veterans Hospital," LaTona told Balbick. "In terms of punishment already sustained by my client and his family, that is enough."

Adding later, "He did wrong. He knew he did wrong and he knew it was a crime."

Asked for a statement by Balbick, Engel said, "I take full responsibility for my actions and the embarrassment it caused to members of my family, coworkers and friends."

Friedman (inset photo) acknowledged that even though the charges had been reduced from felonies, including the Class B felony of enterprise corruption, the fact the charges were reduced was already a substantial break.

Friedman supported the Probation Department's recommendation for Engel, which was a period of probation.

"Assuming the defendant is a law-abiding citizen in coming years, then it's not a great hardship for him to be on probation and that's a pretty good disposition for the community in a way I don't feel that a conditional discharge is good for the community."

Balbick said he's thought long and hard about the case, and while he has no doubt Engel is a hard-working family man who made just one "horrible mistake," a sentence of probation wasn't enough.

"It would be a waste of money to put this man in jail, but I do think this man committed a crime and there needs to be accountability to the citizens of this community," Balbick said.

After Engel's appearance, Bordinaro and Phillips approached the bench in turn. Both were asked if they would accept the same sentence as Engel.

The alternative sentence, Balbick said, was 120 days intermittent jail time.

Both Bordinaro and Phillips accepted Balbick's terms. There was no discussion about the sentence during their appearance before Balbick.

Phillips appeared unhappy with Balbick's offer and his attorney, Larry Andolina (top photo), admitted to reporters outside the courthouse that Phillips was indeed displeased with what transpired in court.

"It was a little more than what I expected, but we'll come back to court on the 26th and we'll deal with it then," Andolina said.

Asked about allegations that Phillips and Bordinaro conducted their bookmaking operation while on duty at the City of Batavia Fire Station, Andolino said the allegation was "nonsense."

Asked why the case had been reduced from felony charges, Andolina said, “The investigation wasn’t handled appropriately.”

Asked if there was a conflict of interest, Andolina said, "yes."

Asked if he would elaborate, he said, "No."

"You have to ask Larry Friedman or the Sheriff?" Andolina said. "They have much more information."

Asked again later if he had evidence to support his allegation that the investigation was mishandled, Andolina said, "Steve Mullen retired, didn't he."

When told that wasn't exactly evidence, Andolina again referred the question to Freidman or Sheriff Gary Maha. 

"You're asking the wrong people," he said and added, "My client still has to get sentenced on the 26h."

Later, Friedman said he wouldn't discuss the matter.

Maha who is out of town, has yet to respond to an e-mail requesting comment.

While Engel expressed remorse in court, neither Phillips nor Bordinaro were given a chance to speak.

Asked if his client, Phillips, was remorseful, Andolina said, "Sure he's remorseful. He lost his job. He lost his pension. He’s got a family. This is not a real big community. He knows a lot of people in this community. This is not a happy time."

Andolina said Phillips has been training to become a barber and can't receive a state license unless Balbick signs a "release from disability," a legal document that would allow Phillips to be licensed for such an occupation.

Balbick said he'll take up that matter on March 26.

Asked to comment on Balbick's characterization that the three defendants committed an offense against the community, Friedman said, "Regardless of how you feel about gambling laws, two of the defendants were professional firefighters and were on the public payroll and the evidence is that they were running the gambling operation on duty at least at times. The other defendant was an employee of New York State Veterans nursing home, so I think in that respect it would be considered offenses against the community."

UPDATE: WIVB's George Richert lead this evening's newscast with a story about the sentencing and included information accusing Mullen of placing bets with the bookies. Richert offered no proof, either in the form of documents or sources, to substantiate the claim. (WIVB Web Story)

Five young women named to dean's list at Elmira College

By Billie Owens

Elmira College has released its dean's list for Academic Acievement for the Fall 2012 term. The dean's list recognizes students that have a grade-point average of 3.6 or higher.

Alicia Hough ('13) of Elba, is majoring in Business Administration.

Megan Lowe ('13), of Le Roy, is majoring in Adolescence Education: Mathematics.

Jessica Pcionek ('15), of Oakfield, is majoring in Childhood Education and Foreign Languages French.

Amy Schmidt ('15), of Batavia, is majoring in International Studies.

Brittany Schmidt ('15), of Corfu, is majoring in History and Classical Studies.

Elmira College, located in the Finger Lakes Region of beautiful, historic Upstate New York, is one of the great small colleges of the nation. To learn more about what Elmira College has to offer, navigate to www.elmira.edu or call 800-935-6472 to schedule your visit to Elmira College.
 

Ken Mistler buys downtown theater with hope of keeping more entertainment dollars in Batavia

By Howard B. Owens

Downtown Batavia needs a theater, according to local businessman Ken Mistler, and when Dipson announced that its Batavia location needed to be sold or it would close, Mistler stepped in and bought it.

Now comes the hard work and expense of upgrading the two-screen movie house, and Mistler wants to know what moviegoers want from their local theater.

His number one question right now, he said, is what will bring people to Batavia Showtime?

Consultants for the City of Batavia reported last summer that some $31 million from Genesee County residents is spent annually in Buffalo and Rochester for entertainment and dining.

"I want to get them to bring some of that money back to Batavia," Mistler said. "I want to give them a reason to stay here."

First order of business is to start showing first-run films. He's also going to invest a substantial amount of money -- he doesn't know how much it will cost yet -- into upgrading to a digital projection system and dropping 35mm film. He also plans interior renovations and changes, but he's taking it one step at a time, he said.

Mistler owns City Slickers Restaurant and he said a downtown theater is important to the restaurant businesses downtown, not just his own.

People still like to go out for dinner and a movie, and if there is no movie theater in Batavia, people looking for a full evening of entertainment will just go elsewhere.

With local ownership, Mistler said, he thinks he can breathe new life into the former Dipson.

There are plenty of ideas for Mistler to look at for his theater, which could include special movie nights, special events for children, a small stage for comedians or small bands -- all of that -- Mistler said -- is on the table for discussion.

"It wasn't that this was a bad place, but the owners lived far away," Mistler said. "It was hard for them to watch and maintain it with the other theaters they had. I’m going to be on hand and we can do things the other owners wanted to do but couldn’t do because they weren’t here."

The theater remains open seven days a week as Mistler takes over management and begins making changes.

He said among his promotional ideas is to offer a package of a dinner from City Slickers and theater tickets. He said he would love to meet with any local restaurant owners who want to do the same thing or have other promotional ideas to tie the theater more closely with dining downtown.

"I need the feedback from the people," Mistler said. "I need to know what they want. I really do."

On Facebook: Batavia Showtime.

Law and Order: Oak Street resident accused of stealing shopping cart of beer

By Howard B. Owens

Mark A. Thweatt, 52, of 66 Oak St., Batavia, is charged with petit larceny and conspiracy, 6th. Thweatt is accused of stealing a shopping cart full of beer from Tops on Feb. 18. Store surveillance video and alert residents on Redfield Parkway were instrumental in the investigation, police said. A warrant was issued for Thweatt's arrest following the investigation and he was taken into custody Monday. (Initial Report)

Brandon M. Maldonado, 24, of Tracy Avenue, Batavia, is charged with possession of a forged instrument, 2nd. Maldonado was arrested following an investigation by Deputy Brian Thompson and Investigator Roger Stone into an alleged incident reported Nov. 1. Maldonado was sentenced Monday on a similar charge to a period of interim supervision by the Probation Department and ordered to pay $611 in restitution, which he said he would pay from his tax refund. On the new charge, Maldonado was arraigned in Town of Batavia Court and released.

Steven Michael Smith, 23, of Seminary Street, Auburn, is charged with assault, 3rd. Smith is accused of fighting with another person while at work at 1:15 p.m., Monday, at a location on Route 77, Alabama.

Joseph Zajaczkowski, 57, of Batavia, is charged with DWI and felony aggravated DWI. Zajaczkowski is accused of driving drunk in Niagara County with two 13-year-old passengers, a violation of Leandra's Law. He is also charged with two counts of endangering the welfare of a child.

Man accused of tangling with police officer reportedly changes mind on plea deal

By Howard B. Owens

Kevin L. White, accused of burglary and assaulting a police officer, was pretty indecisive today about whether to accept a plea offer on the multiple charges against him.

When White first appeared in Genesee County Court this morning, his attorney, Fred Rarick, was under the impression he was going to accept the plea offer, but White turned it down.

Rarick and White then met back at the jail where, Rarick said, he explained again all of White's options and the possible consequences of getting convicted by a jury. He also explained an "Alford plea" where White could enter a guilty plea without admitting to the factual allegations, just to the likelihood that he would be convicted by jury.

The case was put back on afternoon calendar and, again, Rarick expected his client to accept the plea offer.

But as Rarick stood before Noonan, he told the judge his client had again changed his mind.

District Attorney Lawrence Friedman said that he will proceed now with a presentation to a grand jury for a possible indictment.

Of course, until a trial date is set, White will still have the option of accepting whatever offer is on the table.

White, 21, of no permanent address, is charged with second-degree burglary for an alleged break-in Aug. 21 in the City of Batavia. He was arrested Jan. 4.

He is also charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, unlawful possession of marijuana and assault, 2nd (causing physical injury to a police officer), and resisting arrest.

White was reportedly at a residence on State Street at 5:51 a.m. on Oct. 14 when Batavia police officers responded to a report of a domestic incident.

While paramedics treated an alleged female victim downstairs, police went upstairs where White and another person had allegedly locked themselves in a bedroom.

Officers kicked in the door and White allegedly tried to flee down the stairs and charge past Sgt. Dan Coffey. He and Coffey fell against the wall, down one stair and spilled into the kitchen, breaking a table and chair. Coffey allegedly suffered a leg injury.

White allegedly continued to struggle with Coffey until another police officer subdued White with a Taser.

During a search of White, he was allegedly found to possess cocaine and marijuana.

White has been in jail since on $20,000 bail or $40,000 bond.

UPDATE: Batavia PD released more information this morning about White's arrest on a burglary charge. White was accused of stealing returnable bottles and cans from a residence on Washington Avenue in August. He was also charged with petit larceny.

Proceedings against Batavia burglary suspect delayed slightly while new attorney takes the case

By Howard B. Owens

A Batavia man accused of eight burglaries in the city will be represented by a private attorney, Judge Robert C. Noonan was informed this afternoon.

Fred Rarick, initially assigned to represent Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, told Noonan that he had been contacted by the family informing him the family retained an attorney to represent Smith.

Noonan noted that the attorney had not yet appeared with Smith nor filed notice with the court, but agreed to call Smith back in a week to appear with his new attorney.

A plea offer has been extended to Smith, District Attorney Lawrence Friedman said, and indicted he is ready to present the case to a grand jury.

Smith was arrested Jan. 1 while allegedly burglarizing a residence on Washington Avenue. Prior to that arrest, there had been a series of burglaries reported in the city that investigators considered to be the work of the same person. Smith has subsequently been charged with seven of those burglaries.

Batavia Middle School Hosts Family Literacy Night

By Kathie Scott

   On March 14, from 5-7 p.m., Batavia Middle School will host a Family Literacy Night for students and their families! This evening is dedicated to promoting literacy by giving parents and students the opportunity to attend exciting learning sessions led by our BMS staff. In addition, we will be joined by the Richmond Memorial Library's Mobile Van, Literacy Genesee, and Cornell Cooperative Extension.

   The four major sessions that will be offered include:

  • What No Bedtime Story Means… Reading aloud with younger children and encouraging teen and young-adult readers
  • Digital Literacy: User-Friendly Electronic Resources: Website exploration and iPads!
  • READ 180 Overview and Investigation: Sessions for grades 5/6 and for grades 7/8
  • Lexiles - The New Frontier! What Lexile measures are and how to use them with our libraries!

   FREE pizza and other refreshments will be offered along with babysitting provided by the Batavia High School Z-Club for any young children of attendees.

   Another highlight of the night for families will be "Books Galore!" - a chance to select FREE books to take home and enjoy with your families!

   This is a very important community event, and it centers around an issue that truly benefits students and parents. We encourage all family members and students of BMS to join us while we celebrate reading, and provide some helpful tips and tools to take home.

Law and Order: Batavia man accused of ramming car into truck and house in Stafford

By Howard B. Owens

Richard Joesph Liberte, 46, of Batavia Stafford Townline Road, Batavia, is charged with criminal mischief, 2nd, and criminal mischief, 3rd. Liberte is accused of deliberately driving his vehicle into a parked truck and then into a residence, causing substantial damage to the structure at 2:18 a.m., Sunday, at 7997 Batavia Byron Road, Stafford. Liberte was jailed on $5,000 bail.

Yolanda E. Johnson, 26, of 8 Wood St., Batavia, is charged with petit larceny. Johnson is accused of stealing a bag of money from the apartment of a friend.

Melissa M. Morton, 27, of 4802 Middlebury Road, Bethany, is charged with criminal contempt, 2nd. Morton was a passenger in a vehicle stopped for alleged traffic violations on Main Street by Officer Chad Richards. There was an active bench warrant for Morton out of Batavia City Court. She was jailed on $500 bail.

Daniel C. Dilaura, 38, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Dilaura is accused of hitting a woman he knew in the face. Dilaura was jailed on $10,000 bail.

Brian Lee Smith, 51, of Colonial Boulevard, Batavia, is charged with stalking, 4th. Smith is accused of having continued contact with an ex-girlfriend after being advised by law enforcement to cease all contact.

Patricia Kathleen Vogel, 52, of Exchange Street, Attica, is charged with petit larceny. Vogel is accused of stealing clothing and a book with a total value of $112.58 from Kmart.

Jerry Guity, 21, of Beach 54th Street, Far Rockway, is charged with unlawful possession of marijuana. Guity was a passenger in a vehicle stopped for an alleged traffic violation at 1:47 a.m. Monday on Route 33, Batavia, by Deputy Patrick Reeves. Guity was allegedly found in possession of marijuana.

Stephanie Leigh Hyatt, 19, of State Street, Batavia, is charged with falsely reporting an incident, 3rd. Hyatt allegedly reported that her vehicle was struck in the parking lot of Applebee's and provided a vague description of the "suspect vehicle." Hyatt allegedly later admitted to having an accident on the I-490 in Monroe County at a prior time.

Eric Michael Kelckler, 24, of Pratt Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Kelckler allegedly tried turning around in a private driveway on Hopkins Road at 4:15 a.m., Saturday, when his vehicle became stuck in the front yard of the residence. Upon investigation by Deputy Jason Saile, Kelckler was arrested for alleged drunken driving.

Suzanne Ryder, 46, of South Newstead Road, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Ryder was stopped at 10:24 p.m. Friday on Main Road, Pembroke, by Deputy Patrick Reeves for allegedly driving 53 in a 40 mph zone.

Pamela Lynn Palaszynski, 27, of Tillotson Place, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, speeding, operating without headlights and failure to yield to emergency vehicle. Deputy Patrick Reeves attempted to stop Palaszynski's vehicle on Main Street, Batavia, at 10:39 p.m. Thursday for allegedly speeding (52 in a 45 mph zone) and other alleged traffic violations. Palaszynski allegedly did not stop for 2/10ths of a mile from the original traffic stop location.

Robert James Dempsey, 23, of Prole Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Dempsey allegedly drove his vehicle into a tree on Junction Road, Pavilion, at 2:30 a.m. Saturday. The accident was investigated by Deputy Eric Seppala.

Erik A. Kendell, 34, of East Bethany, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Kendell is accused of being in involved in car vs. telephone pole accident at 5:20 a.m. Saturday on Route 20, Alexander, and then fleeing the scene. The incident was investigated by Deputy Howard Carlson and Deputy Frank Bordonaro.

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