batavia

An attorney recently hired to represent Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, said after a court hearing today that he doesn't believe his client intended to hurt Grace Suozzi.

Based on his own interviews and statements he's read, Buffalo attorney Earl Key said there's a lot more to the story than has been reported so far.

"I don't believe my client intended to assault anyone," Key said. "The tape will tell me a lot. I've got to see the tape to see exactly what happened."

Key is concerned however, that the only tape available shows just the portion of the confrontation where Simmons allegedly hit Suozzi.

There's no indication that Simmons was suspected of stealing form the store. Key said she didn't steal anything and she had shown her receipt for the items in her bag.

He said Suozzi's own statement to police indicates she grabbed Simmons. Key said the information he has so far indicates Simmons was trying to push Suozzi away, not assault her.

The language of section 120.05 of the New York penal code states a person is guilty of assault in the second degree when "with intent to cause serious physical injury to another person he causes such injury to such person ..."

In court, Assistant District Attorney Melissa Cianfrini said unless a plea agreement is reached first, the DA's office intends to send the case to the Grand Jury for possible indictment.

Simmons is also charged with a provision of the assault in the second degree statute that is fairly new, making it a felony to assault a person 65 or older.

Key said he needs to study that statute further, but he believes the law is being misapplied in this case.

Among the evidence gathered by Key so far is a copy of Walmart's policy about demanding that customers show receipts.

He said typically store policy is that an employee never grab a customer. If they suspect a person of stealing, they're supposed to call the police.

Key acknowledged that the case has been contentious in comments on local and regional media sites, but said his client naturally regrets what happened.

"My client is an upstanding citizen," Key said. "She’s bright, she’s young, she’s a college student, she has no criminal history, of course she regrets it. I haven’t seen the medical records, but if the victim has the injuries alleged, then of course she’s truly, truly sorry."

Simmons is scheduled to next appear in Town of Batavia Court on March 26.

A man who admitted his assault cost another man his eye will serve 12 years in prision, Judge Robert Noonan ruled this morning.

Christopher Preedom was the apparent leader of a three-person group that broke into a Woodstock Gardens apartment and attacked a resident there.

The victim read a statement asking Noonan to show leniency for Preedom, but District Attorney Lawrence Friedman cast doubt upon that request indicting he had information to suggest the victim's plea was based on fear of retaliation.

"While it may be considered noble that the victim is asking for leniency here," Friedman said, "...this defendant (Preedom) has already received a substantial break, being allowed to plea down from a Class B felony, under which he faced 25 years in prison."

Preedom asked for the victim's forgiveness.

"I've committed a crime...I know I've messed up...I made a mistake," Preedom said tearfully. "I'm willing to face the consequences."

Noonan offered little sympathy.

"The problem is: even if (the victim) is appearing here as your very best friend," the judge said, "you have still committed a crime against society that is horrendous. You took out a person's eye in the most horrific way."

(Based on the report of Geoff Redick, WBTA)

United Memorial Medical Center will offer FREE important health screenings to uninsured Genesee County residents between the ages of 40 and 64 next week.

The screenings will take place from 4 to 8 p.m., Thursday, March 8, at the Jerome Center, 16 Bank St., Batavia.

Please call United Memorial’s Healthy Living Department to schedule an appointment at  344-5331.

Services will include blood-sugar testing, total cholesterol and take-home colorectal cancer screening kits. Healthcare providers will also give free mammograms, pap smears and clinical breast exams for women and prostate screening exams for men.

Light refreshments, health information and free giveaways will also be available.

This event is planned by the Cancer Services Partnership of Genesee and Orleans Counties, and made possible by a state grant administered by United Memorial.

Registration for Batavia City School District kindergarteners entering school in the 2012-13 school year begins this week.

Children who will be 5 years old on or before Dec. 1 are eligible to attend kindergarten in the fall.

To register, parents must go to the main office of the nearest public elementary school (see addresses and other school-specific information below) between 9 a.m. and 3:30 p.m. on school days and bring with them proof of residency -- such as a current utility bill or formal lease agreement, as well as the child's birth certificate, Social Security card, and complete record of immunizations.

Please note that no child may be registered without the required documentation.

At the time of registration, parents should also make an appointment for the kindergarten screening procedure which will be scheduled for late May and early June.

For more information, call your elementary school office or the district's Curriculum Office at 343-2480, ext. 1001.

Addresses and schedules are as follows:

• Jackson Elementary, 411 S. Jackson St.: phone 343-2480, ext. 4000. Screenings will be scheduled for June 1;
• John Kennedy Elementary, 166 Vine St.: phone 343-2480, ext. 5000. Screenings will be scheduled for May 30;
• Robert Morris Elementary, 80 Union St.: phone 343-2480, ext. 6000. Screenings will be scheduled for June 6.

**Note: Parents of new first-grade pupils are also asked to register their child in the same time frame and with the same documentation.

Paul J. Doctor, 34, of 20 Maple St., lower apt., Batavia, is charged with burglary, 2nd, burglary, 3rd, and petit larceny. Doctor is accused of entering an unoccupied residence and garage on Jackson Street and removing appliances and other property without permission of the owner. Doctor allegedly removed the property between Jan. 13 and Jan. 17.

Kevin Bruce Martin, 28, of Clinton Street, Cowlesville, is charged with two counts of criminal possession of hypodermic needles. Martin's vehicle was stopped on Lewiston Road at 6:30 p.m., Jan. 22, by Deputy Brian Thompson for allegedly having a suspended registration due to no insurance.

Jeramy Michael Farnsworth, 30, of Tracy Avenue, Batavia, is charged with failure to pay child support. Farnsworth was arrested by Batavia PD on a warrant out of Genesee County Family Court and turned over to the Sheriff's Office. Following arraignment in Town of Batavia Court he was jailed on $1,000 bail.

Ronald William Ball, 46, of Pratt Road, Pembroke, is charged with two counts of criminal mischief, 4th. Ball allegedly damaged the a/c controls of another person's car during a verbal argument. Ball then allegedly went to the residence of the person and damaged the house door and door frame.

Carolyn M. Hooten, 29, and Vanessa R. Wright, 24, both of of 12 Myrtle St., Le Roy, are charged with petit larceny. Hooten and Wright are accused of shoplifting at Dollar General at 3:41 p.m., Feb. 23.

Carolyn M. Hooten, 29, of 12 Myrtle St., Le Roy, is charged with DWI, unlicensed operation, operating with inadequate tail lamps and without stop lamps and failure to use turn signal. Hooten was stopped at 1:49 a.m., Saturday, on Ellicott Street by Officer Kevin DeFelice.

Mark Russell O'Gee, 57, of South Street Road, Le Roy, is charged with harassment, 2nd. O'Gee is accused of grabbing another person's arm and shoving her during an argument.

Elizabeth Ann Wortman, 24, of Church Street, Le Roy, is charged with criminal contempt, 2nd. Wortman is accused of violating an order of protection.

Ronald M. Clark, 45, of Lake Street Road, Le Roy, is charged with petit larceny. Clark was spotted by police running east on West Main Street at around 8 p.m., Feb. 21, when police received a report of a person who stole canned fish and candy from Save-A-Lot. Clark is accused of stealing two cans of sardines and a Baby Ruth candy bar.

A motor-vehicle accident with possibly two injuries is reported in the area of 5112 East Main St. Road, Batavia. The location is near Broadlawn Avenue.

Town of Batavia Fire Department and Mercy EMS responding.

UPDATE 10:48 a.m.: A second ambulance requested to the scene, non-emergency.

UPDATE 10:59 a.m.: Town of Batavia back in service.

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For a long time, teams representing Genesee Hardware and Pino Vincenzo have been rivals on the softball diamond, but it's been nearly 20 years since they played their once-annual "Snow Ball" match at Williams Park. That tradition was revived Saturday when the two teams braved the cold and the snow-covered field to once again prove which team has what it takes to be called "champion."

A Batavia woman was apparently not wearing a seat belt today when the minivan she was driving crossed the center line on Route 5 at Hopkins Road and struck a pickup truck head on, ejecting her through the front windshield.

Hope A. Calhoun, 30, of Shady Lane, Batavia, was taken by Mercy Flight to Erie County Medical Center with reportedly serious injuries. This evening, patient information at ECMC did not have a status update on her condition.

The two children riding with Calhoun were not injured.

The driver of the pickup truck, Kenneth R. Thomas, 49, of Hopkins Road, Batavia, was transported by Mercy EMS to UMMC where he was treated for a leg injury.

His passenger, Wendy H. Howard, 49, was taken to UMMC and treated for rib injuries.

Calhoun was reportedly driving a 2005 Pontiac minivan eastbound on Route 5 at 11:57 a.m. when she lost control of her vehicle. Investigators said her speed was too fast for road conditions, which were icy and slushy.

Thomas reportedly tried to avoid the accident, moving toward the north shoulder.

The impact created a large debris field of car parts and groceries from both vehicles, including paper birthday plates and fruit-drink cartons as well as compact discs from one or both of the vehicles.

After Calhoun was ejected, her body rolled into a drainage ditch on the south shoulder of Route 5 and initial reports were that she was semi-conscious when first responders arrived.

The children riding with Calhoun were Claire Williams, 8, and Evan Williams, 4, both of Cochram Road, Bryon. The children were taken to Strong Memorial Hospital for evaluation where they were treated and released.

The accident is under investigation by the Genesee County Sheriff's Office, led by deputies Ron Meides and John Duyssen of the crash-management team.  Assisting at the scene were Deputy Brian Thompson and Trooper Holly Hansel.

East Pembroke Fire Department responded along with mutual aid from Town of Batavia Fire Department. Ambulances from Oakfield and Darien fire departments also responded.

(Initial report)

An alleged gambling operation in Batavia that was revealed Friday with the arrest of three city residents may have involved substantial amounts of cash, according to the lead investigator in the case.

Steve Mullen, head of the Local Drug Enforcement Task Force, said during a press conference Friday that gamblers placed bets ranging from $25 to $2,500 -- and possibly more -- on single sporting events.

The scope of the alleged operation may best be illustrated by one gambler already interviewed by investigators who lost, according to Mullen, as much as $10,000 a year on poorly chosen bets.

Computers, phones and every electronic device the three suspects owned that could possibly store data was seized by investigators when four search warrents were executed Thursday.

Local investigators as well as experts from the WNY Regional Computer Forensics Laboratory will comb through the data -- along with paper records -- to try and determine the extent of the operation, identify more clients and other possible suspects.

Investigators are unsure at this point if the data will reveal if there is a "Mr. Big" who could have bankrolled the operation, or if the three suspects started the business and operated it independently.

"That's a good question," Mullen said in an interview Saturday. "It's hopefully something we will be able to develop through the electronic data and the phone records, to see if anybody else was involved, if there was anybody that money was going to and coming from. We will certainly examine the written records and the electronic records hoping to determine if there was anybody they answered to or who may have come before them and how long they were involved."

The three suspects are Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home.

The implication of information revealed by law enforcement officials so far, based on the size of some bets placed and the amount of money lost by some, is that the alleged operation went far beyond Super Bowl pools and March Madness grids.

Mullen said so far it looks like the alleged bookies were accepting wagers on the gambit of sporting events, including professional and college football and basketball, professional baseball and hockey as well as other sporting events.

Given the possible scope of the alleged operation, Phillips, Bordinaro and Engel are facing more than just legal issues. There are also career and tax implications that will arise independent of the criminal investigation.

The two firefighters are also accused of accepting bets through phone calls and text messages they received while on duty.

The Batavia Fire Department is likely to start disciplinary procedures at some point, which could conceivably lead to the loss of careers that spanned close to 20 years on the job for Phillips and Bordinaro.

In New York, public safety employees can retire after 20 years.

If the department decides to pursue disciplinary actions, according to Section 75 of the NYS civil service code, Phillips and Borindaro will be suspended without pay (they are currently suspended with pay). The department will then have 30 days to conduct a hearing on the charges.

The hearing is open to the public, unless Phillips or Bordinaro request that it be closed, and they can be represented by legal counsel.

If the charges are sustained, the two firefighters could be terminated.

The process takes place independently of the criminal legal system.

Engel, who is also part of the state retirement system, has 17 years on the job, according to court records. He would be subject to the same disciplinary process if his supervisors elected to pursue disciplinary action.

On the tax front, it wouldn't be unusual, according to Mullen, for the District Attorney's Office to contact state and federal tax officials if the investigation reveals some amount of undeclared taxable income.

"Certainly, the District Attorney's Office has done that before with investigations," Mullen said. "We would provide them (state and federal officials) with the information they needed to conduct their investigations."

Sheriff Gary Maha said Friday that it is hard to believe the alleged gambling operation wasn't profitable.

"They wouldn’t be in the business if they weren’t making some money," Maha said.

Mullen said at this point it's hard to estimate just how much money they were making.

"There were days where they were doing $300 or $400 and a couple of days where they were doing thousands of dollars," Mullen said. "I don't even know how to accurately put an average on it right now. I anticipate that by the end of the week, after we've had an opportunity to review the paper records better, we'll have an idea of how much was being wagered on a weekly, a monthly, and for 2011 -- an annual basis."

Given the amounts of money being wagered, Maha said he doesn't agree with the assertion of some people that gambling is a "victimless crime."

"Talk to some of the wives and families who are losing thousands of dollars to a bookie," Maha said. "I think now days a lot of people accept gambling. We have the racetrack and we have lottery and lotto, but still, it’s illegal to run a gambling enterprise and profit from it."

When a family man is losing as much as $10,000 a year, there are victims, Mullen said.

"That money comes from somewhere," Mullen said. "They're less able to provide for their families. It's an addiction not unlike drugs."

In a bookmaking operation where people are betting -- and often losing thousands of dollars -- a bookie would need to ensure he could collect debts in order to remain profitable.

In the Hollywood legend of backroom sports books, there is usually muscle behind the bookie to ensure debts are paid. Mullen said so far there is no indication that Phillips, Bordinaro nor Engel threatened to break anybody's thumbs.

"We haven't had anybody come forward to volunteer that kind of information," Mullen said. "That's one of the things we will be asking as we identify people on that list, but at this point it's undetermined how they were collecting debts. Hopefully, we'll be able to determine some of that between reviewing data and conducting interviews."

Also as-yet-undetermined is if people outside New York were placing bets with the alleged Batavia bookies.

If such bets are uncovered -- or if it turns out the alleged bookies were keeping out-of-state bank accounts -- the information will be turned over to federal authorities, Mullen said.

For gamblers who might be nervous about the investigation, it's not illegal in New York to place bets.

It's not even against to the law to accept a bet, if you're not profiting from the transaction (taking a rake, charging a vig, etc.). It's only illegal to run a gambling operation as a profit-making enterprise.

"You're really running a business and there’s a lot of implications to that -- above and beyond what the New York State penal law says as far as reporting your income or paying traxes or not paying taxes," Mullen said.

At the press conference Friday, Mullen -- a volunteer firefighter with the Town of Batavia -- was clearly concerned about the impact this investigation might have on the City of Batavia Fire Department.

"Through my contact with Chief (Jim) Maxwell and the firefighters there, this is not a distraction to them," Mullen said. "They are an extremely well-trained, professional group of people and it is a well-run department. They are professionals who are above the conduct of any one or two individuals in the department."

As a public service employee, he's also bothered by what he perceives as a break in public trust by the suspects.

"When you accept a job as a public servant, especially in the sector of public safety, I think you're held to a higher standard," Mullen said. "The pay and benefits that go along with those jobs -- jobs that are obviously involved in helping people to protect life and property -- your work focus should be on work and not occupied by illegal activities."

Gregory Phillips Brian Bordinaro

Lance Engel

 

Not a lot of wind damage to report so far tonight -- but a window at the WBTA radio studios at Main and Center streets blew out about an hour ago. Frank Bellucci and his son, Frank Jr., from Short Notice handyman service responded to put a patch on the damage.

In other weather-related news (posted by Billie):

UPDATE 8:12 p.m.: Wires are arcing on a pole at 9009 York Road. Le Roy Fire Department is called. National Grid has been notified. The pole number is 8982. Le Roy Fire Police are called to shut down traffic at York Road and Route 5 and also at York and Harris roads.

UPDATE 8:16 p.m.: A transformer is involved. Additional manpower is requested.

UPDATE 8:38 p.m.: A large tree is reportedly down and blocking traffic in the vicinity of Circular Hill and Oatka Trail roads in Le Roy. The county highway department has been notified.

UPDATE 8:47 p.m.: The wind is wreaking havoc on the windows at the dilapidated Wiss Hotel, located at 78 Main St. in Downtown Le Roy. "Two windows are smashed in front of the place and I don't know if anymore are going to come out," a witness told dispatch. Meanwhile, a rep for National Grid is on scene at the York Road arcing pole incident.

UPDATE 9 p.m.: York Road is reopened. Le Roy units responding to that call are back in service. National Grid is handling the situation.

UPDATE 9:03 p.m.: The glass in front of the Wiss Hotel has been swept up and disposed of.

UPDATE 9:04 p.m.: County highway department workers and Sheriff's deputies are on scene at the site of the fallen tree on Circular Hill Road. Le Roy firefighters were also there but are now clearing and back in service.

The governor's office is announcing today that PepsiCo along with a German dairy company, is building a Greek yogurt plant at the Genesee Valley Agri-Business Park.

The announcement confirms reports first published exclusively by The Batavian in November on the name of the company behind the once-secretive Project Wave.

The facility will employ 186 people in the first three years, according to Steve Hyde, CEO of the Genesee County Economic Development Center.

"This validates our strategy of building shovel-ready sites and validates that our community and our region are well positioned for companies to locate here," Hyde said. "For a Fortune 50 company to validate our strategy -- I'm tickled pink to have a company like that commit to come here."

The plant is a joint venture between PepsiCo and the Theo Muller Group.

GCEDC helped spearhead negotiations that involved Empire State Development  providing PepsiCo with a $5.7 million PILOT tax abatement over 10 years and relief from $5.4 million in sales tax on construction materials and office equipment.

Hyde said Project Wave is the biggest new manufacturing operation to come to Batavia since Sylvania opened its plant here in 1953.

Gregory Phillips Brian Bordinaro

Lance Engel

Three Batavia men, including two city firefighters, who are accused of operating an illegal gambling operation, are being released from jail this afternoon following a bail review hearing in city court.

All three entered not guilty pleas to the charge of criminal possession of gambling records, a Class E felony.

Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, were arrested Thursday following a six-month investigation.

The trio was initially arraigned Thursday and Justice Robert Balbick was required, because of the felony charge, to order them held in Genesee County Jail without bail pending a report by Genesee Justice of their bail status.

The report on all three recommended, because of their strong ties to the community, that they be released on their own recognizance.

Attorney Larry Andolina is representing Phillips. Asked what he made of the charges, he replied to a reporter, "Are you looking for something other than dumb?"

He added, "I think prosecuting somebody for gambling in New York State is at best, dumb. As I was leaving the Sheriff’s department today, there’s a sign with an arrow that says 'Batavia Downs Race Track and Casino' and it points that way. If you drive down that way, there’s lottery tickets on every corner, there’s Power Ball every where, I just don’t understand it."

Phillips is a longtime resident with extended family in the area. He's married with children and owns his home. He's worked for the city 17 years.

Phillips is also accused of possessing a small amount of cocaine and is charged with criminal possession of a controlled substance, 7th.

Bordinaro is married, too, with one child at home and he's a homeowner. He's been employed by the city 18 years.

Engel has a wife and three children, owns his home and has been employed by the state for 17 years.

The alleged bookies had several friends and family members in the courtroom during the hearings.

Anolina explained that under state civil service law, the two city firefighters will stay on the payroll until the department files charges. Once charges are filed -- this is a process outside the judicial system -- the department will have 30 days to hold a disciplinary hearing or reinstate their pay.

The Rochester-based attorney reminded reporters that "suspects are innocent until proven guilty."

"These are good people," he said. "They are good men. We’re not dealing with people who are bad people. They are good family men."

COMING: The Sheriff's Office conducted a press conference this afternoon. We'll post a separate story on that later.

A 49-year-old man who participated in a residential burglary at the alleged prompting of an associate pled guilty this morning after some discussion about whether he clearly understood the charges against him.

Frederick H. Robidoux Jr., 49, was spotted along with his alleged accomplice, Eric P. Doleman, 41, breaking into an apartment at 10 Maple St., Batavia, in the early morning hours of Dec. 29.

The occupant of the apartment, Edward R. Freida, had recently been arrested on drug charges and Doleman allegedly knew Freida was in jail and that he had coins and other property of value.

Robidoux initially claimed this morning that he thought Doleman had permission to enter the apartment and that he didn't know his associate would remove items from the home.

Judge Robert C. Noonan informed Robidoux that if what he was saying were true, then he couldn't be convicted of the crime of attempted burglary.

After Robidoux consulted with his attorney, Fred Rarick, District Attorney Lawrence Friedman read from a statement Robidoux made to Batavia detectives when he was arrested.

In the statement, Robidoux said Doleman had told him about an easy way to get money and that he stood outside the apartment while Doleman climbed through a window.

At that point, Robidoux said he better understood what he was being asked to admit to in order to plead guilty.

As a prior felony offender, Robidoux is facing from three to seven years in prison.

In 1999, he was convicted in Livingston County of sodomy.

Robidoux will be sentenced at 9:30 a.m., April 19.

Gregory Phillips Brian Bordinaro Lance Engel

UPDATED 10:07 a.m.

UPDATED 9:12 a.m.

Authorities report they have broken up an illegal gambling operation in the city that was being run by three men, including two city firefighters.

The trio was allegedly involved in running sports books, according to Sheriff Gary Maha.

Maha said investigators seized gambling records, computers and mobile phones.

"We won't know the extent of the operation until these are analyzed," Maha said, but he said investigators believe the client list was extensive.

The firefighters allegedly involved were possibly accepting bookmaking calls on their mobile phones while on duty at the city fire hall, Maha said.

The three men, who all live in Batavia, were charged with criminal possession of gambling records, a Class E felony. They were arraigned in city court and jailed without bail.

Firefighter Gregory Phillips, 39, of Belvedere Lane, was also charged with criminal possession of a controlled substance, 7th, after investigators allegedly found a small amount of cocaine during a search of his residence.

The other city firefighter charged was Brian Bordinaro, 43, of Prospect Avenue.

Also arrested was Lance Engel, 41, of Wade Avenue.

Investigators executed a total of four search warrents -- one on each suspect's home, and one on the lockers at the fire hall of the two city firefighters.

Phillips and Bordinaro were suspended from their jobs. Under NYS civil service law, they will continue to receive their salaries until the investigation is concluded.

The arrests were the culmination of a six-month investigation by the Local Drug Enforcement Task Force along with the Batavia PD, the Sheriff's Office and the District Attorney's Office. Maha said City Fire Chief Jim Maxwell and city administration cooperated in the investigation.

City Manager Jason Molino's office released a statement saying when city officials became aware of the alleged gambling operation, law enforcement was informed, which led to the investigation.

UPDATE 1:55 p.m.: Lance Engel is also a public employee, according to state records. He works as a cook at the Western New York Veterans Home in Batavia.

(The Batavian's news partner, WBTA, assisted in coverage of this story.)

Three Genesee County residents -- including one who was previously accused by the feds of distributing methamphetamine but had the charges dropped -- were indicted today and accused of being part of a Hells Angels meth distribution ring that stretched from California to New York.

Donna L. McAuley (aka Donna Boon), 46, of Batavia Oakfield Townline Road, Batavia, was originally accused in July 2010 of being part of a meth distribution ring led by 47-year-old Donald G. Vanelli, of Le Roy.

Vanelli is serving a 17-and-a-half year federal prison term after pleading guilty to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

But McAuley's charges were eventually dropped and in July 2011 she proclaimed her innocence.

Today, McAuley was charged with possession with intent to distribute, and distribution of, 50 grams or more of methamphetamine between April 2010 and July 9, 2010. The charge carries a mandatory minimum sentence of five years in prison, a maximum sentence of 40 years in prison, and a $2,000,000 fine.

Also charged today was her husband, James H. "Mitch" McAuley Jr., 62, listed as a resident of Oakfield but who's currently confined to Elkton Federal Corrections Facility in Ohio.

The indictment, according to the office of William Hochul, U.S. Attorney for Western New York, is a "superseding indictment," meaning it overrides a previous indictment that accused Mitch McAuley and others of being part of a criminal enterprise involved in drug trafficking and conspiracy to commit murder.

The third Genesee County resident indicted was Gordon L. Montgomery, 53, of Batavia. He is accused of being part of the same meth ring as Donna McAuley and being involved in trafficking 500 grams or more of methamphetamine between 2002 and July 9, 2010.

Also indicted today were alleged Hells Angels President Richard W. Mar, 60, of Monterey, Calif., along with alleged Rochester Hells Angels members Richard E. Riedman, 38, of Webster, Jeffrey A. Tyler, 47, of Rochester, and Paul S. Griffin, 58, of Blasdell.

All are charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. The charge carries a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life in prison, and a $4,000,000 fine.

Previously charged as part of the indictment was alleged Rochester Hells Angels Member Robert W. "Bugsy" Moran Jr., 59, of Rochester. Timothy M. Stone, 31, of Gates, and Gina Tata, 47, of Rochester.

The indictment is the culmination of an investigation by FBI agent Christopher M. Piehota, New York State Police under the direction of Major Mark Koss and the Rochester Police Department under the direction of Chief James Sheppard. Prosecution is being led by Brett Harvey of the U.S. Attorney's Office.

A motorhome is reportedly on fire and fully involved in the area of ABC Glass on Ellicott Street near Jackson Street.

City fire is on scene. A second alarm is being sounded for crews to stage at city fire headquarters.

UPDATE 6:12 p.m.: A caller reported seeing smoke around the U.S. Chrome facility, located at 31 Swan St., and city firefighters staged nearby. The caller, who also lives nearby, was interviewed but it was determined that the person saw residual smoke from the motorhome fire. City crews are back in service. The motorhome fire has been extinguished.

Batavia is a fine small city, among the finest in America.

But to talk to many of the residents here, you wouldn't know it, according to Charles Buki, with czb LLC, a consulting firm hired by the city to help with strategic planning.

"There is a big gap between the high qualities of this community and how people view those qualities," Buki said. "The gap between the quality of the community and the sense of appreciation is the biggest we've seen in the more than 300 communities we've studied."

Closing that perception gap and improving the quality of life and financial outlook of the city are goals put forth in the final draft of the community improvement plan presented by Buki at city hall on Wednesday night.

Changing the environment and the culture will be hard work, Buki said, but without the effort, population declines will continue, the tax base will shrink, and  areas of poverty and neglect will expand.

The turn around starts with the formation of an eight-member working group to study the plan written by the consultants. It has to decide what they got right, what they got wrong, which recommendations to follow, which to reject, and start the process of implementing necessary projects and programs.

The report addresses two key areas of concern -- neighborhood health and downtown viability.

For the neighborhoods, czb is recommending the formation of  22 block clubs over the next three years, and 36 over five years; more celebratory activities such as garden awards, a citywide picnic, events at Muckdogs games and a 10K run.

Buki said the city should look seriously at starting a program -- funded by grants if they can be found -- to buy up to 100 two-family dwelling on strategic streets (Jackson would be an example), convert them back to single-family residences and sell them at fair-market value.

The cost of such a program would be $5 million, but it would pull back good blocks from growing worse and help turn them toward becoming great blocks.

But it's a major effort, Buki said, and isn't something the city can tackle overnight.

For the downtown business district, the obvious white elephant is the mall, which Buki said is a clear failure as a retail space and sucks a lot of life out of downtown.

But the city shouldn't fixate on the mall right now and think it needs to be fixed before doing other things.

"Eventually the mall is going to have to be redeveloped, but we don’t want that to get in the way of everything else you need to do," Buki said.

There is $12.4 million in buying power among city residents that is currently being siphoned off by other communities. Batavia needs to develop a process to bring in new retail businesses and restaurants to help keep that money in Batavia.

Organizing an improvement effort and implementing it will likely cost about $92,000 a year, Buki said. His firm is recommending that the city pick up $50,000 of the tab and that local business owners be asked to contribute the other $42,000 annually.

Turning around Batavia is going to mean believing in the city's future, Buki said, but that kind of cultural change doesn't happen quickly.

"The amazing qualities of Batavia don't make it into the blogs and they don't make it into the paper and the lack of it is eroding the self-confidence of Batavia," Buki said.