batavia

Attorney Jerry Ader told a jury this afternoon that the case against his client rested on whether they believed the woman who claimed the defendant attacked her at knife point in her State Street apartment on Aug. 30.

After less than an hour of deliberation, the jury found Robert Thigpen III, 35, of 287 Flower City Park, Rochester, not guilty on all charges.

Thigpen was arrested in Batavia on Aug. 30 and charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. 

"There are only certain things can all agree on," Ader said as he began his closing argument. "We can agree Thigpen is black and Morgan is white, and that’s the only thing we can agree on in this case. There is nothing (else) about this case that is black and white."

Ader said if the jury didn't believe Christy Morgan's version of events, there was no physical evidence supporting the case against Thigpen. There were no fingerprints on the knife allegedly used by Thigpen, which was put back in a knife rack in the kitchen, and no evidence Morgan was harmed. He also said that there was no evidence a car parked two blocks from the alleged crime scene belonged to Thigpen.

Thigpen also allegedly made threatening and harassing phone calls to Morgan after his arrest. Ader said there was no evidence to support those claims either.

In his closing arguments, District Attorney Lawrence Friedman said police found Thigpen not far from the scene hot and sweaty -- perhaps he had been running, Friedman suggested -- after first being seen as he approached a car parked on Alva Place.

He suggested it isn't reasonable for there to be an answering-machine recording of mobile phone conservations and said, contrary to what Ader argued, that Morgan did not claim she received text messages.

Friedman also noted there was expert testimony explaining why that particular knife Thigpen was accused of using wouldn't have fingerprints on it.

What the defense was really trying to do, Friedman argued, was put the victim and the police on trial.

"People who lie have a reason to lie," Friedman said. "Why would she be making this up? This was her boyfriend a month earlier, so why would she make it up?"

Morgan testified that she went outside the evening of Aug. 30 to take her trash out and a man was hiding by the basement door of her apartment building. He then forced his way into her apartment, pushed her around, choked her, then grabbed a knife from the kitchen and threatened her with it for about a minute. He then put the knife back in its place in the kitchen and left.

Morgan testified that Thigpen was accusing her of being involved with another man.

She said didn't call 9-1-1 herself because a few days before she had dropped her phone in some Kool-Aid, so the buttons were stuck. She used the recent call list to call two friends and asked them to call 9-1-1.

The trial took only one day -- jury selection was Monday and opening arguments began shortly after 10 a.m., Tuesday.

Batavia High School continued its dominance in mock trial competition taking both of its matches in Geneseo on Monday, scoring 107 points.

Batavia will now face Warsaw tomorrow in Warsaw in the finals.

In the first round Monday, Batavia defeated Warsaw 56-54, and then defeated Byron-Bergen 51-44.  

Warsaw beat Pembroke 51-46.

Warsaw, Pembroke and Avon were all 1-1, but Warsaw made the finals on points with 105. Avon had 103 and Pembroke 93. Byron-Bergen was 0-2 with 98 points.

Points are based on a scoring system for the actions during the trial of the individual team members and are scored by the judge. The judge is not told what teams are involved in the competition.

A Rochester man, who was reportedly found in Batavia with 22 bags of crack cocaine when he was arrested in August, admitted to possessing a controlled substance in Genesee County Court this morning.

Willie J. Woods Jr., 36, entered a guilty plea of criminal possession and possession of a controlled substance, 5th. He faces up to two and a half years in state prison when he is sentenced June 20.

Woods was stopped in August by members of the Local Drug Task Force and uniformed deputies before pulling onto the Thruway. 

His arrest was the culmination of an investigation to the sale and distribution of cocaine in Batavia.

Woods was allegedly found with $2,000 cash on him at the time of his arrest.

One of Batavia's most historic landmarks, the Pontillo's sign on the pizzeria at the corner of East Main Street and Harvester Avenue, was removed this morning and replaced by a "Batavia's Original Pizzeria" sign.

Three investors from Rochester bought the former Pontillo's location and opened it as Pontillo's in early 2010, but they were served with a trademark infringement suit in September.

In early December, the name of the business was changed to Batavia's Original Pizzeria.

The new sign says Batavia's Original was established in 1947.

The original Pontillo's closed in the fall of 2008 and the property was eventually sold at a foreclosure auction. The Rochester investors purchased the property from the bank that bought it at auction. (Financial history covered in this story.)

Sam Pontillo, son of Salvatore and Elizabeth Pontillo, is manager of Batavia's Original.

The Le Roy Pontillo's location was closed a couple of months ago and Sam Pontillo reportedly removed all of the equipment. His brother, John Pontillo, may be planning to open another pizzeria at that location. John currently operates a pizzeria in Geneseo.

A 35-year-old Byron resident is facing 101 charges related to possessing and receiving prescription drugs in four Genesee County jurisdictions.

Sege D. Kalmbacher Sr., was taken into custody by the Local Drug Task Force and arraigned in City of Batavia, Town of Batavia, Le Roy and Pembroke. He was jailed on $50,000 bail.

Kalmbacher was identified as a suspect during an investigation into the theft and use of prescription drug forms. The case began when Le Roy Police received a complaint from a pharmacy in the village of somebody using a forged prescription.

A computer was reportedly used to create the prescriptions.

Task force investigators allege that Kalmbacher was able to successfully fill several prescriptions for narcotics at area pharmacies using the forged forms going back to December.

Kalmbacher was charged as follows:

City of Batavia: Eight counts of criminal possession of a controlled substance, 3rd, for receiving narcotics on nine different occasions; eight counts of possession of a forged instrument, 2nd; eight counts of criminal possession of stolen property, 5th; eight counts of criminal possession of a forged instrument; and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Town of Batavia: Nine counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on nine different occasions in the Town of Batavia; nine counts of possession of a forged instrument, 2nd; nine counts of criminal possession of stolen property, 5th; and nine counts criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Village of Le Roy: Three counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on four different occasions in the Village of Le Roy; four counts of possession of a forged instrument, 2nd; four counts of criminal possession of stolen property, 5th; and four counts of criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Town of Pembroke: Four counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on four different occasions occasions occasions in the Town of Pembroke; four counts of possession of a forged instrument, 2nd; four counts of criminal possession of stolen property, 5th; and four counts of criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

In Pembroke, Kalmbacher was also charged with 27 counts of computer trespass for using a computer he did not have permission to use to create prescription drug forms.

David Lee Brown, 19, no permenant address, is charged with uninspected motor vehicle, unregistered motor vehicle, uninsured motor vehicle, improper license plates and unlawful possession of marijuana, plus he was arrested on a felony warrant. Brown was stopped during a Buckle Up New York traffic detail. During the investigation, he was identied as wanted on a warrant out of Monroe County for alleged violation of probation. During a search of his vehicle, Sgt. Tom Sanfratello and Deputy Chris Parker reportedly found a glass pipe with marijuana in it.

Gregory John Campbell, 43, of Alexander, is charged with criminal possession of a controlled substance, 7th. Campbell was allegedly found in possession of a controlled substance without a prescription. Campbell was jailed on $500 bail.

Joshua M. Gaudiso, 22, of Fillmore Avenue, Caledonia, was charged with endangering the welfare of a child and arrested on a warrant. Gaudiso was released after paying an outstanding fine.

Zoe Ann McClure, 41, of South Swan Street, Batavia, is charged with petit larceny. McClure is accused of shoplifting from Kmart at 5:51 p.m., Monday.

Batavia residents are being asked today to vote on a $3.9 million capital improvement project that would upgrade Van Detta Statdium (including artificial turf) as well as athletic fields at John Kennedy School.

To help pay for the project, the district expects it will need to collect about $110,000 annually in additional taxes from district residents.

When & Where to Vote 
Date: Tuesday, March 29
Time: Noon to 9 p.m.
Place: Polling places are at Jackson, Batavia Middle School, and Robert Morris.
Note: Identification and proof of residency are required.
Voting Requirements: In order to vote, you must be a citizen of the United States, a registered voter, at least 18 years of age, and a legal resident of the Batavia City School District for at least 30 days prior to the vote.

Below, a video produced by the school district in support of the project.

Previously: City School District presents plan for $3.9 million upgrade to Van Detta

Capt. Pat O'Donnell is on his final shift with the Batavia Fire Department tonight.

He joined the department Sept. 5, 1979 and decided it's time to stow his boots permanently.

"The body is not like it used to be," O'Donnell said. "It takes a few days to recuperate after being here for four."

Divorced with two daughters in college, O'Donnell has no sure plans for his retirement. He is staying in Batavia (His family was in Elba when he was born and moved to Batavia when he was in third grade.) and looking forward to a summer of taking it easy, playing golf and taking a couple of trips with his girls.

Asked if he had a message for the community, O'Donnell said, "The community should feel blessed that they’ve got this place. The guys do a hell of a job with the equipment that they’ve got. I know over the course of the last two or three years we’ve gotten a lot of bad publicity but the people in the city don’t realize what they have in this place. They do a good job."

A driver involved in a fatal car accident on West Main St. Road, Batavia, on Feb.  8 has received two traffic citations and been charged with reckless driving.

Levert Kimble, 21, of 3456 West Main St. Road, Batavia, who was also seriously injured in the head-on collection with an SUV, was cited for failure to keep right and not wearing a seat belt.

Delores Opuku-Boateng, 19, a student at Genesee Community College and a passenger in Kimble's car, died at the scene of the accident.

The other driver, Justin J. Jaszko, 31, suffered only minor injuries.

According to investigators at the time, the accident occurred at 9:02 a.m. when Kimble apparently lost control of his eastbound Honda and crossed over the center of the road, striking Jaszko's westbound 1995 Chevy Suburban.

Frank James Davis, 31, of East Rochester, is charged with petit larceny. Davis is accused of entering the Totem Pole Smoke Shop at 10:50 a.m., March 3, loading 15 cartons of cigarettes into a basket, then walking past cashiers and then running out of the store without paying for the cigarettes. The cigarettes are valued at $502 and the basket is valued at $10.

Davis is also accused of stealing $204 worth of Winston Lights on the same date from Arrow Hawk Smoke Shop. Davis was charged with petit larceny for that alleged crime.

Jennifer L. Coombs, 27, of 103 West Main St., Le Roy, is charged with criminal mischief, 4th. Coombs is accused of slashing three tires on a car in November.

Andrew Paul Dentinger, 20, of Broadway Road, Alexander, is charged with unlawful dealing with a child. Dentinger is accused of hosting an underage drinking party. Deputies responded to an address on Broadway Road, Alexander, at 12:58 a.m., Saturday to investigate the party.

David A. Burr, 23, of Elba, is charged with criminal mischief, 3rd. Burr is accused of intentionally damaging the front door of T.F. Brown's restaurant at 1:40 a.m., Sunday. Burr was jailed without bail.

Janie B. Burgess, 57, of 7 Maureen Drive, Rochester, is charged with DWI, unsafe turn. Burgess was stopped at 10:13 p.m., Saturday, on Oak Street by Officer Chris Camp. Burgess was jailed on $500 bail.

Daniel G. Crane, 34, of 9395 Upton Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate lights. Crane was stopped at 12:52 a.m., Sunday, on Main Street by Officer Dan Coffey.

Mark D. Hoerbelt , 42, of 152 State St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlights. Hoerbelt was stopped at 12:43 a.m., Friday, on West Main Street by Officer Matthew Fleming.

A 16-year-old resident of Wood Street, Batavia, is charged with petit larceny. The youth is accused of stealing an iPod in January while at Batavia High School. The youth was jailed on $1,000 bail.

Jennifer L. Stack, 25, of 12 Oak St., is accused of failing to pay a fine. Stack was convicted in May on an unnecessary noise charge. She was released on $100 bail but allegedly failed to appear at her next court appointment.

Scott C. Brown, 22, and Ashley M. Yunke, 31, of 11 1/2 Wood St., are charged with criminal nuisance. Brown and Yunke are accused of hosting a party where people under 21 were allowed to drink. They were arrested at 12:20 a.m., Sunday. They were jailed on $500 each bail.

Amanda A. Barclay, 23, of Oakfield, is charged with false report of an incident, 3rd. The alleged incident occurred at 4:27 a.m., March 18, in the City of Batavia. Barclay was arrested by State Police on Thursday. No further details were released.

Jared C. Reese, 31, of Stafford, is charged with controlled substance not in original container and criminal possession of a controlled substance, 7th. Reese was stopped by State Police at 6:09 p.m., Thursday, on Route 33, Stafford. No further details were released.

Earlier this week, people told me Matty's Pizzeria was closed. I tried contacting owner Brad Fairbanks for confirmation, but could not reach him.

There is now an ad in this week's PennySaver for an auction of all Matty's equipment and fixtures at 2 p.m., March 31.

If you purchased a Matty's gift card in The Batavian's Deal of the Day on Feb. 18 or later, we will refund your money. You must return the unused gift card to us. Our address is 200 E. Main St., #5, Batavia, NY 14020. Refunds will be issued through PayPal.

The staff of Pauly's Pizza are wearing "Brooklyn" shirts tonight as part of an effort to raise awareness of the plight of little Brooklyn Grace Sputore, who suffers from Vein of Galen Brain Malformation, which is a form of an aneurysm. This is a life-threatening condition that requires special care.

Pauly's is accepting donations on behalf of baby Brooklyn.

There is a fundraiser planned from 12:30 to 5:30 p.m. on Sunday, April 10 at St. Joseph's School at 2 Summit St., Batavia. This will include a spaghetti dinner, a Chinese auction and other raffles.

The tickets can be purchased pre-sale from Paul Sputore 781-8138 and other committee members. Tickets will also be available at the door. Brooklyn's Journey T-shirts are $15 and can be purchased from Bruce Dedman 716-560-0031 or T.F. Brown’s/Mancuso Bowling Center. All proceeds will assist the Sputore family in this difficult time.

The Sputore famly were at Pauly's this evening. Below is a picture of Brooklyn and her mom, Julie.

It's illegal to pass a stopped school bus with its stop signs flipped out and lights flashing, but apparently, some people still do it.

On Wednesday, the Batavia Police Department will engage in dedicated patrols aimed at enforcing the no-passing law.

It's part of a statewide effort called "Operation Safe Stop" funded by a grant.

"The objective of the traffic detail is to make drivers aware of the dangers of passing stopped school buses, to keep students safe while entering or exiting school buses," reads a department press release.

Police officers will be out in marked and unmarked cars on selected city school bus routes looking for violators where there have been complaints of vehicles passing stopped school buses. 

Police officers will also be conducting speed enforcement details in school zones.

The press release concludes, "Operation Safe-Stop is a statewide cooperative effort supported by the NYS Governor’s Traffic Safety Committee, NYS Association of Public Transportation, NYS School Bus Contractors Association, First Student Bus Company and all law enforcement agencies."

Officer Ed Mileham, who joined the Batavia Police Department in 1979, cruised his last patrol today.

Mileham, an Air Force veteran, retires after 32 years of wearing a badge, a career that goes back to 1976 when he joined the Choteau Police Department in Montana. He later returned to New York and joined the Warsaw department before transferring to Batavia.

In his career, Mileham has won several awards, including Office of the Year in 2001 and 2008 from Kiwanis and GCASA's Law Enforcement Award in 2010.

Mileham served as the police department's Drug Court representative and was certified recently to serve in Veterans Court. He's also been a K-9 officer and a member of the Neighborhood Enforcement Team.

Mileham is currently chief of the Indian Falls Fire Department and plans to continue in that role.

Chief Randy Baker said, "His dedication and service to the City of Batavia will certainly be missed."

At the end of his shift today, a Genesee County Dispatcher went on air and said, "Batavia to 126, on behalf of the Genesee County dispatchers, congratulations on your retirement. It's been a pleasure working with you. Good luck in all your future endeavors."

Mileham responded, "Thank you for your 32 years of support."

"Thanks, Fast Eddy," said the dispatcher.

Another added, "Thanks 126, we'll miss you."

Batavia Police responded to an incident at Batavia High School on Thursday involving a student allegedly hitting a teacher.

The student -- who, because of his age, the police cannot release his name -- got into a confrontation with a teacher and hit her in her body. Other adults on staff got involved in restraining the student, according to Det. Todd Crossett.

The case will likely be referred to the County Attorney's office and will wind up in Family Court.

In connection with the incident a drawing by the student was found that depicted something that Crossett characterized as "an unrealistic scenario."

"It wasn't a picture that showed him using guns, or something that could be possible," Crossett said. "It showed unrealistic things. I'm not necessarily going to take it as, 'I'm going to do these things.' It wasn't a threat to anybody in the school or the school (facility)."

Because of the age of the youth, Crossett said there will be no releases from the police department on the disposition of the case. Family Court cases are closed to the public.

Pembroke and Batavia came out of the quarter finals of the regional mock trial competition and are among five teams moving on to semi-finals.

Both Pembroke and Batavia's teams finished the quarter finals with a record of 2-0. Pembroke had 110 points and Batavia, 107.

The semi-finals will be held March 28 in Geneseo.

Because Avon and Byron-Bergen tied for fourth, right down to the tiebreakers, both teams will move on to the semi-finals. Typically, only four teams compete in the semi finals.

Both teams were 1-1 with 106 points.

Warsaw came in third with a record of 1-1 and 107 points.

District Attorney Lawrence Friedman, who organizes and champions the mock trials locally, said schedules have been arranged so all five teams can compete.

In round one, it will be Pembroke vs. Avon, Batavia vs. Warsaw and Byron-Bergen vs. Batavia. Round two will pit Byron-Bergen against Avon, and Warsaw against Pembroke.

The final rounds will be in Warsaw on March 30.

Photo: Maura Chmielowiec, Evan Sutherland and Patrick Flynn of the Batavia team.

Previously:

• Students compete in mock trials at Genesee County Court House
• Photos: Mock trial, Notre Dame vs. Batavia

Timothy J. Wood, 22, of 4 N. Spruce St., Batavia, is charged with two counts harassment, 2nd. Wood is accused of grabbing one person and attempting to strike another following a verbal argument at 12:30 a.m.

Wendy L. Mucher, 41, of 27 Valle Drive, Batavia, is charged with petit larceny. Mucher is accused of stealing merchandise valued at $86.03 from an unspecified location.

A pair of Rochester men were allegedly found in possession of $3,000 in cocaine in Batavia yesterday and charged with two counts of criminal possession of a controlled substance.

The Local Drug Task Force identified the men as possible cocaine dealers and investigators received a search warrant for their car.

Taken into custody were Marcial S. Borgos, 61, of Bonesteel Street, and Jose A. Torres, 52, of Ernst Street.

Task force members as well as uniformed deputies participated in the search of the car.

Investigators allegedly found more than an ounce of cocaine.

K-9 "Pharaoh" participated in the search.

Borgos and Torres were jailed without bail.

Philip M. Niccloy, 24, of 75 Summit St., Le Roy, is charged with unauthorized use of a vehicle, 3rd. Niccloy allegedly took a GMC truck belonging to another person without permission. That night, Niccloy was allegedly involved in a single-vehicle accident on North Street Road. He was previously charged with leaving the scene of a property damage accident. Niccloy was released under supervision of Genesee Justice.

William Gordon Schultz, 37, of Evans Street, Batavia, is charged with failure to pay a fine.

David Richard Beedham, 43, of Randall Road, Le Roy, is charged with sexual abuse, 1st. Beedham is accused of touching the private area of a girl under age 11.

Mark Bryon Livingston, 53, of Wake Robin Terrace, West Henrietta, was arrested in Genesee County on a bench warrant for allegedly operating a car with a suspended registration.

Eric T. Weis, 28, of 9 N. Lyon St., Batavia, is charged with criminal obstruction of breathing or blood circulation and three counts of endangering the welfare of a child. Weis allegedly grabbed another person around the throat in front of three children while on MacArthur Drive. The alleged incident happened on Tuesday, Weis turned himself in on Wednesday.

Benjamin G. Evans, age unknown, of 8204 Park Road, Batavia, is charged with criminal possession of a controlled substance. Evans was arrested on a  bench warrant issued out of city court for alleged failure to comply with conditions set by the court. Evans was jailed on $50,000 bail.