batavia

A Batavia mother who admitted that she tried to smuggle oxycodone into the Genesee County Jail for her son will spend five years on probation, County Judge Robert C. Noonan ruled today.

Kathleen Catino, 60, of Seven Springs Road, entered a guilty plea in November. She tried to bring the drugs in September to Cain Catino, 39, who had recently been arrested for an attempted robbery of prescription drugs from the Oakfield Pharmacy.

I’m sorry," she told Noonan. "Would I do again? No. It’s very hard to watch your child suffer. It’s been a very long 15 years."

Dressed all in black, Catino also complained to the judge that  officials at Oneida State Prison are not providing her son -- serving one-and-a-third to three years for attempted robbery -- with the substance abuse treatment Noonan ordered.

He responded that in some areas the legislature has not granted him the power to require corrections officials to do everything he might require of a convict.

"Short of that authority, they're on their own and know more about the business they conduct than I do," Noonan said.

As for Catino's actions, the judge told her "You have to understand, and everybody needs to understand, that just because you see somebody suffering you can’t take the law into your own hands to correct the difficulty."

Noonan did allow Catino, who has no prior criminal history, to retain her driver's license, finding that taking it from her would have posed a significant hardship.

As part of the plea agreement, Catino agreed to be searched or have her home searched by probation at any time.

A fire alarm has sounded at the Walmart on Veterans Memorial Drive. A caller reports the meat case in the grocery section is smoking, but no fire is present.

Town of Batavia Fire Department is responding.

No announcement about evacuating the store has been mentioned on the scanner, but pedestrian traffic at the scene is said to be heavy.

"There's definately the odor of electrical smoke," says a firefighter.

The meat cooler is on the west side of building. Responders say they may need to dismantle the meat case to reach the source of the problem.

The firefighters are asking for a thermal imaging camera and other appropriate equipment.

UPDATE 3:07 p.m.: A firefighter says there's definately an electrical fire in either the cooling or lighting element in the meat cooler. They are working to isolate the problem.

UPDATE 3:15 p.m.: More manpower is called to the scene. A firefighter says the problem is in the lighting element. They have "shut down the main power to the whole building." They want a couple of people to get shopping carts and go to the meat cooler and load them up with product so as to cut Walmart's loss. They are going to use "CO," chemicals, to fight the fire. They want tarps to protect surfaces. They are working to isolate the lighting breakers so other power in the store can be restored.

UPDATE 3:26 p.m.: They are working with management to contact an electrician to go to the scene.

UPDATE 3:30 p.m.: A local contractor has been called and is en route. Meanwhile, the state Department of Agriculture and Markets has been notified, per protocol when food products are involved in a fire emergency.

UPDATE 3:37 p.m.: The state Department of Health has also been notified and will be in touch with Walmart management.

A Batavia man accused of forcible rape can get out of jail while he awaits further legal proceedings if he can raise $10,000 in either cash or bond.

Patrick J. Donahue, 21, of 44 Williams St., appeared in City Court today with his attorney, Kevin Earl, who argued that Donahue should be released under the supervision of Genesee Justice.

Earl also asked for a felony hearing to challenge the validity of the rape in the first degree charge. The hearing was set for 10 a.m., Friday.

Donahue is accused of raping a 30-year-old woman at a residence on Walnut Street on Jan. 10.

Assistant District Will Zickl argued that some amount of bail should be required because of the seriousness of the crime. He also noted that Donahue is currently serving a five-year probation term for a previous, unspecified, conviction.

Earl noted that Donahue has only three months left on the probationary term and has met all of his obligations while on probation.

Earl argued that the release under supervision evaluation should have given more weight to Donahue's employment. Donahue has held down a seasonal job with the same employer for three years and even though he is currently drawing unemployment, he is scheduled to go back to work Jan. 31.

Judge Robert Balbick said that while Donahue may have fallen a point short on the RUS evaluation, it's not all about points. The evaluation does not take into consideration the seriousness of the crime.

Donahue, who appeared in court in a jail jumpsuit and shackled, with a paragraph-long tattoo on his upper left arm, is a lifelong Batavia resident and graduate of Batavia High School.

Eight or nine family members, along with Donahue's girlfriend, were in the courtroom for the hearing.

"I think that shows the support my client has and what they believe about the viability of this charge," Earl said. "They don't think my client would do these things."

A city plow struck a passenger car in the area of 400 E. Main St. in Batavia shortly after 10 a.m.

The driver appeared conscious and alert as she was helped from the car and placed on a stretcher.

The only visible damage to the car was a shredded rear tire and busted rear window.

Office Ed Mileham said until the report is done, all he could say was that the driver was making a left-hand turn into the parking lot of H.E. Turner when the city plow struck it.

Local hoteliers are so opposed to a planned Holiday Inn Express -- just north of the Thruway, off Route 98 in the Town of Batavia -- that they've hired a lawyer to make their case to local officials.

Thomas J. Warth (pictured), of Hiscock & Barclay out of Rochester, tried to make the case against the new hotel before the Town of Batavia Zoning Board on Tuesday night. But after a spirited discussion, the board voted unanimously to grant the new hotel permission to exceed local height requirements by 10  19 feet.

With local occupancy rates averaging 45 to 50 percent, hotel owners say there is no need to build another 40, let alone maybe 80, rooms (the final plans have not been presented yet).

The $3.25-million project, located at 8360 Commerce Drive, next to an existing Hampton Inn, will make use of a banquet facility already constructed at the location and include an indoor pool, fitness area, lobby and meeting space.

The developers are seeking tax incentives from the Genesee Economic Development Center. The proposed site is part of a previously prepared industrial park, so the developer will save on construction costs by going into a "shovel ready" complex.

The government-backed cost savings, combined with variances to current zoning laws, are giving the new competition too much help, local hotel operators complain.

"Why can't they live with a 40-foot height if we can survive with a 40-foot height?" asked Vibhu Joshi, owner of Days Inn and Super 8. "The new hotel is getting all kinds of goodies and all kinds of variances. I can see maybe a use variance, but why a height variance?"

Hotel owners are concerned that the height variance will allow the developer to put in even more rooms, though it wasn't clear from the application whether the additional 19 feet was for another story on the building (making it four instead of three) or if the extra height was just needed for elevator shafts.

"The additional rooms in this marketplace will have a significant impact on everybody else," said Richard Lewis, acting manager of the Travel Lodge, which recently underwent significant renovation.

Zoning Board Chairman Gary Diegelman mentioned a couple of times during the meeting that economic issues are not part of the zoning approval process. He said the owners will need to raise those concerns with the planning board, which will have final say on the variances.

Warth argued that even economic issues aside, the developer -- who was not represented at the meeting -- has not made a case for why the height variance is needed.

Diegelman said, "point taken," but added later, "I don't see any (neighboring) businesses here objecting to the height variance."

The project will go before the planning board at a future meeting, but that agenda has not been announced yet.

Authorities are asking for help in locating a missing youth who may be in Batavia.

Nathaniel Davis, 15, may be in the company of a 17-year-old girl.

He was last seen wearing a black hooded sweatshirt and black pants.

Davis reportedly is a runaway.

He is described as black with brown eyes, 5' 3", 175lbs.

Anybody with information on his whereabouts is asked to call 1-800-346-3543.

A 21-year-old Batavia man has been accused of forcibly raping a 30-year-old woman.

Charged with rape in the first degree is Patrick J. Donahue, of 44 Williams St.

He was jailed without bail following arraignment today in City Court.

He is accused of raping a woman at a residence on Walnut Street the evening of Jan. 10.

UPDATED 1:31 p.m.

Suzanne Corona, 42, was back in police custody today after allegedly trying to steal a flower arrangement from Batavia Stage Coach Florist & Gifts in the Genesee Country Mall.

Corona is charged with petit larceny.

During her arraignment in Batavia City Court this afternoon, Judge Robert Balbick said Corona is accused of stealing a table-top floral arrangement with a light in it valued at $20.

Corona has been given time to meet with a public defender before entering a plea. She is scheduled to reappear in city court on Wednesday afternoon.

Meanwhile, Corona was released under supervision of Genesee Justice.

Outside of the courthouse, Corona said, "What can I say? My life is a mess and I overreact in the wrong direction."

The Batavia resident made international news last summer when she was charged with public lewdness and and adultery for engaging in sexual activity with 29-year-old former Oakfield resident Justin Amend in Farrall Park. 

Corona eventually entered a guilty plea to public lewdness and was placed on probation.

Today, Corona entered the florist shop, according to owner Loretta Delpriore, and had a couple of items in her hand when Delpriore went into a back room for a phone call. When she came out, Corona was gone and so were the flower arrangements, the owner said.

Delpriore called police, identifying Corona by name as the suspect.

"I know who she is," Delpriore said. "I think everybody knows who she is."

Meanwhile, Amend, who admitted to public lewdness, is currently wanted on a bench warrant after reportedly moving to Florida before his sentencing.

Rebecca A. Chatley, 19, of 61 Mill St., Le Roy, is charged with grand larceny, 4th. Chatley is accused of going through the purses of fellow employees at a business in the Village of Le Roy. When confronted, Chatley was allegedly found in possession of another employee's debit card. Chatley was released on an unspecified amount of bail.

Melissa Ann Peterson, 25, of Jackson Street, Batavia, is charged with petit larceny. A complainant reported on Dec. 22 that Peterson failed to return a set of keys. Peterson reportedly denied repeatedly having the keys, stating adamantly, according to a Sheriff's Office release, that she returned the keys.  Peterson then later turned the keys over to the Sheriff's Office.

Summer Ogden, 34, of Ellicott Street, Batavia, who has a previous conviction for criminal possession of a weapon, 3rd, is charged with resisting arrest, attempted criminal mischief, 4th, and criminal tampering, 3rd. Ogden was reportedly being held in Wyoming County Jail for an unrelated incident. A warrant was issued for her out of Town of Batavia Court on the listed charges. (Previous Reports)

Assante Darrell Huggins, 18, of Brunswick Boulevard, Buffalo, is charged with petit larceny. Huggins was arrested on a Darien Town Court warrant following his release from the Erie County Holding Center on an unrelated charge. Huggins was jailed on $500 bail.

Kipa Luii Limonti, 39, of Roebling Avenue, Buffalo, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and no vehicle inspection. Limonti's vehicle was stopped by a State Trooper for alleged traffic violations at 12:40 p.m., Jan. 3, on Park Road, Batavia. The vehicle allegedly had a 2009 inspection sticker and a bald front right tire. Deputy Brian Thompson provided backup for the trooper and his K-9 "Pharaoh" allegedly alerted on the vehicle and Limonti was allegedly found in possession a small amount of marijuana.

Phylicia L. M. Carey, 18, of North Street, Le Roy, is charged with DWI, and driving with a BAC of .18 or greater. Carey was reportedly involved in a two-car accident on Church Street. Carey's car reportedly hit a parked car and then a utility pole. Carey was arrested by Le Roy Police.

Dennis Kaijage Stambuli, 18, of Sutton Park Road, Poughkeepsie, is charged with unlawful possession of marijuana. Stambuli was allegedly found in possession of marijuana by Deputy Kevin McCarthy, who responded to a complaint of a loud party in the Village of Oakfield at 9 p.m., Jan. 14. A 17-year-old was arrested and charged with unlawful possession of marijuana at the same time.

Angela Maria Draper, 34, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Draper was allegedly involved in a one-car accident at 2:47 a.m., Saturday, on Route 63. Her car reportedly went into a ditch and struck a mailbox. The accident was investigated by Deputy Howard Carlson.

Scott E. Clark, 49, of 172 1/2 South Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speed not reasonable. Clark was reportedly involved in an accident at 10:30 p.m., Friday, on Ellicott Avenue near Washington Avenue, Batavia. Clark's car reportedly slid into a curb and rode up the guide wire of a utility pole, coming to rest on its side. Clark was not injured in the accident. (Initial Report)

Volunteers from RSVP and Americorps were at the Batavia Senior Center today to make blankets to donate to the Agri-Business Child Development Center. Volunteers were also asked to make greeting cards for military personnel.

Above from left, Darian Ely, of RSVP, Loren Penman and Kellie Fairchild work together to make a blanket.

About 70 people were on hand at the YWCA on North Street today to honor Martin Luther King Jr. and give tribute to his legacy.

Alex Nesbeth, below, read King's "I Have a Dream" speech. Above, Grace Marthrel sings a gospel song with Raymond Doward on piano. After the jump, another picture of Marthrel and Doward as well as one of Marthrel singing with her daughter, Lashonna Mims.

Marthrel gave an outstanding gospel performance. She said she sings regularly at the Prayer Room Church of Christ on North Lyon.

It's been a beautiful day, even if a bit cold -- my truck's thermostat read 8 degrees this morning. Too much work to do today to get out and shoot a lot of pictures, but still taking advantage of the nice sky.

Above the white barn of Partridge Farm on Ellicott Street Road and below, the cement plant of Bonsal American on Cedar Street.

Weather through tonight, cloudy, with a chance of snow overnight. Tomorrow, warming considerably (into the 30s) with an 80-percent chance of rain, and then back to snow on Thursday.

A two-car accident is tying up traffic a bit in the area of 375 W. Main St., Batavia.

It is believed there are no injuries, though there are unknown type fluids leaking from at least one car.

City Fire and Mercy EMS dispatched.

A man is reportedly rolling around on a snow bank -- without any pants on -- across from 8 S. Main St. in the City of Batavia.

Police are en route.

Area youngsters were able to get in a little hockey practice today on Harvester Avenue, where resident Kevin Hamilton built a small hockey rink. Hamilton, who coaches two youth hockey teams, said he constructed the rink out of a wood frame, a plastic sheet base and slowly builds up the ice over time, adding a little water over several days.

Organizers were pleased with the early turn out at the debut Bridal Show at Terry Hills today. Vendors from Genesee County were on hand to display for prospective brides, grooms and their parents what they offer to ensure the special day remains special.

The show continues until 4 p.m. For more information, click here.

Above, Steve Valle talks with customers about what Valle Jewelers has to offer.

More pictures after the jump:

Cathy Saile, The Enchanted Florist.

Dave Howe, Charles Men's Shop.

Jeremy Liles, Oliver's Candies.

An original Broadway cast member of "RENT," Gwen Stewart, was back in Batavia this weekend, making a side trip while visiting friends in Buffalo, to catch the local performance of the hit musical. Stewart joined the WNY Arts Society cast on stage for one of the production numbers.

WNYAS's final performance of "RENT" is today at 2 at the Ross Street Performing Arts Center, Batavia Middle School, 96 Ross St., Batavia.

The Batavian still has a few specially discounted tickets available. Click here for more information.

The Falleti Ice Arena was packed with both Notre Dame and Batavia fans who were hoping their team would come away victorious. It was the Notre Dame fans that got their wish as their team had a powerful third period and defeated host Batavia 6-2.

"We were pumped to get out there and play them," said Batavia forward Nate Palmer. "It's always a fun game, but unfortunately it didn't end the way we wanted it to."

Batavia Notre Dame got on the board first as Josh Johnson snuck the puck by Batavia goaltender Adam Kurek on a play set up by Dylan Versage. 

Batavia failed to produce a strong offense in the first period, but came out strong early in the second as Conor Holvey set up Tim Finnell to tie the game at 1-1.

Notre Dame responded shortly after by taking the 2-1 as Tyler Kessler stole the puck and beat Kurek for the goal.

Josh Marr capped off the second-period scoring as he broke down the right side of the ice and sniped the puck over the right shoulder of ND goaltender Tom Dehr.

The third period was all ND as they capitalized four times.

The Irish came out hard and Zach Blew lit the lamp off a set up from Josh Johnson and Dylan Versage.

Story continued after the jump: 

Batavia responded shortly after with a great scoring chance as Josh Marr fed Nate Palmer on a 2 on 1, but Palmer was unable to get good wood on the shot.

"We had some chances but couldn't capitalize on them," says Palmer.

Brett Perfit continued the scoring driving as he put the fourth goal on the board in a solo effort.

Notre Dame's Jordan Difilippo got into a small fight in front of Dehr with Batavia's Tim Finnell, which led to coincidental penalties. After an argument with the referee, Batavia was assessed a bench minor penalty, giving ND the powerplay.

Jack Nenni and Brett Perfit set up Tyler Kessler to take advantage of the powerplay and put ND up 5-2.

Nenni scored shortly after to cap off the scoring at the final 6-2. Tyler Kessler and Brennan Brown were credited with the assist.

"We were very happy with our team's effort," says Notre Dame forward Dylan Versage. "We wanted the win and were all gonna do what we needed to get the win. Everyone contributed and it paid off."