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Law and Order: Le Roy teen accused of stealing more than $1K in property from Lake Street home

By Billie Owens
     Sylvan Grayson

On March 25, the Le Roy Police Department arrested 19-year-old Sylvan P. Grayson, of Myrtle Street, Le Roy, and charged him with one count each of burglary in the second degree, a Class C felony, and grand larceny in the fourth degree, a Class E felony.

The arrest stems from a complaint that during the evening hours of March 4, people unlawfully entered a residence on Lake Street in Le Roy with intent to commit a crime and stole property while the tenants were away. It is alleged that Grayson stole more than $1,000 worth of property. 

He was arraigned in Le Roy Town Court and released on his own recognizance.

Thomas L. Crawford, 29, of Dorstone Road, Rochester, is charged with third-degree assault -- intent to cause physical injury. Crawford was arrested at 2:30 p.m. on March 25 on Liberty Street in Batavia after he allegedly struck a person in the forehead during an argument, causing a large laceration. He was arraigned in Batavia City Court and jailed in lieu of $2,500 bail. He was due back in city court on March 27. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Davis.

Ryan Christopher Northup, 35, of Chamberlain Street, Rochester, is charged with: aggravated unlicensed operation in the second degree -- mandatory suspension; operating a motor vehicle with without a required ignition interlock device; leaving the scene of a property damage accident; and unlicensed driver -- license revoked. On March 24 in the Town of Bergen, Northup was arrested during a vehicle checkpoint conducted by GC Sheriff's deputies on Route 33. It is alleged that Northup, while attempting to avoid the checkpoint, pulled into a driveway and missed it, striking a drainage culvert and causing damage. He then left the scene of the accident and was arrested at 4:36 p.m. He was arraigned in Town of Bergen Court and put in jail on $1,000 cash bond. He is due in Town of Bergen Court on April 17 to answer the charges. The case was handled by GC Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth. Subsequent to his arrest on the above charges, Northup was arrested at the jail and charged with introduction of dangerous contraband into a prison in the first degree and criminal possession of a controlled substance in the seventh degree. On March 24, while being processed at the jail, Northup was allegedly found with a white substance tucked into his wallet. He was arraigned in Batavia City Court and put in jail on those two charges without bail. He is due back in city court at a later time and date. The contraband case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Sgt. Andrew Hale.

Teesean T. Ayala, 20, of Walnut Street, Batavia, is charged with second-degree burglary. Ayala was arrested March 19 on a grand jury warrant following an investigation into a residential burglary that occurred on Hutchins Street in Batavia at 9 p.m. on Aug. 2. Ayala was jailed without bail and is due in Genesee County Court in May. The case was investigated by Batavia Police Det. Thad Mart.

Grand Jury: Woman accused of filing NYS pistol application containing false information

By Billie Owens

Laura L. Dutton, AKA Laura Godlewski, AKA Laura L. Godlewski Dutton-Pontillo, AKA Laura Dutton, is indicted for the crime of filing a false instrument in the first degree, a Class E felony. It is alleged that on May 4 at the Genesee County Clerk's Office that Dutton filed a NYS Pistol-Revolver license application knowing that it contained false information, and with intent to defraud she offered it to a public servant for filing to become part of the public records.

Dennis S. Rogers Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 3 in the Town of Pembroke that Rogers drove a 2003 Chevrolet on Route 5 while he was intoxicated. In count two, Rogers is accused of DWI, per se, as a Class E felony, for having a BAC of .08 percent at the time. In count three, the defendant is accused of aggravated unlicensed operation in the third degree for driving that day when his license was suspended or revoked. In Special Information filed by the District Attorney, Rogers is accused of having been convicted of DWI as a misdemeanor on June 30, 2011 in County of Monroe Court and also on Sept. 16, 2002 in City of Rochester Court. Those convictions and an additional suspension of Rogers's privilege to drive on July 27 last year, based on failure to pay child support, forms the basis for the suspension or revocation referred to in count three of the current indictment.

Five people arrested after 56 bags of crack cocaine found in residence on Liberty Street

By Howard B. Owens
    Nikki Stonebraker      Marquise Lee      Angela Bateman      Derek Wilcox

      Joseph Burr

 

 

Probation officers reportedly found 56 bags of crack cocaine along with drug paraphernalia and drug packaging material during a check of a residence on Liberty Street, Batavia, yesterday and as a result of a joint investigation by the Probation Department, Child Protective Services, and the Local Drug Task Force, five people were arrested and charged with multiple crimes.

Investigators reported also finding unidentified pills and currency.

Charged were:

  • Marquise L. Lee, 36, of Hobart Street, Rochester, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia 2nd;
  • Angela R. Bateman, 46, of East Main Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
  • Nikki L. Stonebraker, 30, of Liberty Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd, criminal possession of a controlled substance, 7th, endangering the welfare of a child;
  • Joseph T. Burr, 25, of North Lyon Street, Batavia, arrested on a warrant for alleged violation of probation and charged with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
  • Derek E. Wilcox, 30, of Congress Avenue, Rochester, criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd.

All five suspects were arraigned in Batavia City Court.

Lee was ordered held without bail. Ball was set at $50,000 or $100,000 bond for Burr, who was also ordered held on $5,000 bail for the violation of probation charge. The other three suspects had their bail set at $50,000 cash or $100,000 bond.

Police looking to ID person related to found purse

By Howard B. Owens

Press release:

The Batavia Police Department is looking to identify the person in this photo.

We believe she might be able to assist us with a found purse at a local business.

If anyone knows who she is, please contact Officer Jamie Givens at 585-345-6350. 

 

 

 

 

 

 

Video: Music In Our Schools, Batavia City Schools

By Howard B. Owens
Video Sponsor
.pane-node-body img {background: none !important; border: 0 !important; margin: 0 !important; padding: unset !important; padding-left: 1px !important } broadstreet.zone(69076)

Career thief tries to use claim that he tipped police to threat against DA to get reduced sentence

By Howard B. Owens

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

The way career-criminal Edward F. Perdue, 58, seemed to figure it when he walked into County Court today, unless he could persuade Judge Zambito to be a bit lenient with him, he won't get out of state prison until he's 67 years old.

Perdue, arrested in Batavia for entering the backrooms of local liquor stores and stealing cash and credit cards, is currently serving three to six years in the Orleans Correctional Facility on a burglary conviction in Monroe County.

Zambito's choice today was to send him to prison, based on his guilty plea to grand larceny, 4th, in November, for either one and a half to three years or for two to four. Perdue added another twist with his own request of the judge: make his Genesee County sentence concurrent to his Monroe County sentence.

The reason the five-time felon should get a break, according to the felon himself, is that he tipped police to a threat against the life of District Attorney Lawrence Friedman. Perdue said he overheard another inmate on a bus make a threat against Friedman (whose name he kept pronouncing "fryedman" and noted that "I never saw him before today").

"I'm not asking to be released," Perdue said. "I'm asking for my time to be concurrent with the time I'm doing now. I just happened to be in the right place at the right time."

During his talk with the judge, Perdue claimed both that officers did not talk with him about his tip and he also said he spoke with investigators and provided them with the name of the person who he said made the threat.

"The cops said they would help me," he said.

"The detectives said they would come and talk with me and they never did," he said.

"The cops said they would talk with me and I would rather talk with them," he said.

He indicated he thought he deserved a break because he's been labeled a snitch in Orleans.

Friedman, outside of court, said state authorities did investigate Perdue's allegations and found the allegations unfounded.

Zambito noted during sentencing that Friedman asked for the maximum term for Perdue and never mentioned giving him any consideration for his cooperation with police, and without evidence of Perdue's claims, he said he couldn't really consider the request.

What he could consider is Perdue's criminal record going back to 1976 and includes multiple burglaries and other property crimes, a criminal contempt and a manslaughter conviction.

"You're a career criminal," Zambito said. "A career thief." 

He told Perdue, "there's no reason not to give you the maximum allowable sentence and hope that protects society."

The sentence: two to four years consecutive with the term Perdue is currently serving.

Perdue will, in fact, likely spend his 67th birthday in prison.

"I never burglarized anything," Perdue said before he was led from court in a statement that garnered no response from Zambito."Isn't a burglary when you break into some place? I just walked into the backroom of places."

Available for adoption at the GC Animal Shelter: 'Boots' and 'Tessie'

By Billie Owens

Meet Boots, an adult neutered male domestic shorthair cat that is available for adoption at the Genesee County Animal Shelter.

Boots loves attention, in fact he craves it. But he's not pesky about it -- he's too cool and easygoing for that. You won't find him losing his dignity by dashing spastically around his dwelling, which screams "I'm sooo needy! I'm going mad from this dearth of activity and affection!"

Volunteers For Animals note that he "seems to like everyone." The key word in the descriptor is "seems." Merriam-Webster's Dictionary tells us it means (1) "to appear to the observation or understanding" or (2) "to give the impression of being."

This is a remarkable personality trait that should not be underestimated. The ability to seem to like everyone when in fact you do not or, at best, you harbor an impalpable but distinct qualm about a person and his character, yet mingle amiably with that person/dog/cat and no one is the wiser, speaks volumes about Boots's competence in jibing with others.

That is a great quality to have in a pet; coupled with his striking black and white bib and tucker and a dashing all-white moustache -- it makes for one fine speciman.

The dog here is Tessie, a spayed, adult female boxer mixed breed who straight up likes to be a household's one and only pet. She only has eyes for you and she needs you to only have eyes for her.

She does not share the limelight. She does not take a backseat to any other four-legged friend. And she does not equivocate about it.

She is loyal and true, but the key to her heart is all about fun and playfulness. Fetch? Walks? Yes! Yes! Tugs? Yes! Purposeless goofiness? Doggone right --100-percent. 

The flippy, bouncy ears tell you all of that, especially when matched with the eager eyes that say your mere existance is her pure joy.

Tessie, too, is available for adoption at the shelter.

Visit the shelter:

3841 W. Main Street Road, Batavia
Phone is 343-6410.

Feel free to drop off some needful items such as Little Friskies cat kibble or Purina Dog Chow, or bleach, paper towels, small soft blankets, etc.

Adoption Hours:
Sun, Mon, Tues, Fri  1 - 3 p.m.
Wednesday  1 - 3  & 7 - 9 p.m.
Saturday  11 a.m. - 1 p.m.

Speaking of the shelter and the indefatigable volunteers there...

"Volunteers For Animals is always in need of monetary donations for the animals at the Genesee County Animal Shelter. Our largest expense is veterinary care for sick and injured animals.

"A great deal of our money is spent spaying and neutering as many animals as possible BEFORE they leave the Shelter. Spaying and neutering animals is the ONLY way to reduce the number of homeless animals. In addition to vet care, we also purchase FIV/FeLV tests for cats and heartworm tests for dogs.

"Please consider making a donation today. All donations to Volunteers For Animals, a 501(c)(3) charitable organization, are tax-deductible."

You can make a donation through PayPal or mail a check to: 

Volunteers For Animals
P.O. Box 1621
Batavia, NY 14020

Chicken on the loose on Washington Avenue

By Billie Owens

Batavia cops are on the lookout for a loose chicken in the vicinity of 111 Washington Ave. in the city. The caller to dispatch is the owner, who says it made its escape this morning.

UPDATE 1:39 p.m.: "Rooster secured at 127 South Swan," a dispatcher tells a patrol, now en route to that location. The officer says he'll try to speak with the person who captured the fowl.

UPDATE 1:45 p.m.: No word yet on how the rooster got across busy East Main Street and continued in a southeasterly direction, a trek totaling about a mile -- which Google Maps says is a four-minute drive. Here's a map of the driving route(s); but of course it's most likely the bird hoofed it.

City's Law Street Yard Waste Station opens for season on Monday, April 1

By Billie Owens

From the city's Bureau of Maintenance:

The Law Street Yard Waste Station will open for the season on Monday, April 1st, for City residents.

The station will be open from noon to 6 p.m., Monday through Saturday until November when open hours change to 11 a.m. to 5 p.m.

The station will also be closed on May 27th -- Memorial Day, July 4th -- Independence Day, Sept. 2nd -- Labor Day, and Nov. 28th -- Thanksgiving. The station will close for the season in early December.

City residents may bring yard waste material (grass, leaves and limbs) to the Law Street Yard Waste Station as there is no spring curbside pickup of these materials.

The following items cannot be accepted at the station: tree stumps, building materials, rock, fill (soil and stone) other debris.

Yard waste shall be free of trash (paper, plastic, bottles, cans...etc.), as this material cannot be processed.

Use Law Street entrance to enter and exit the City Yard Waste Station only.

GCEDC to consider incentives for Batavia business changing locations

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) will consider approving incentives for Custom Vehicle Operators (CVO), which is transferring operations from its existing facility on Ganson Avenue in the City of Batavia to the former PW Minor manufacturing facility at 3 Treadeasy Ave.

CVO is investing $2 million to purchase and make capital improvements at the 80,000-square-foot building. The project will retain 36 jobs.

CVO is the authorized distributor/installer of accessories for General Motors automobile dealer locations in Central and Western New York and Western and Northeast Pennsylvania.

CVO is seeking sales, mortgage and property tax exemptions of approximately $60,000.

'Four Poets in Search of an Answer' read poetry at MoonJava Cafe on Harvester Avenue April 11

By Billie Owens

"Four Poets in Search of an Answer"

MoonJava Café, 56 Harvester Ave., Batavia

7 p.m., Thursday, April 11

Jen Ashburn is the author of "The Light on the Wall" (Main Street Rag, 2016) and has work published in numerous venues, including the podcast "The Writer’s Almanac with Garrison Keillor." Her poem “Our Mother Drove Barefoot” was selected for the 2018 Public Poetry Project by the Pennsylvania Center for the Book and distributed on posters across the state. She holds an MFA from Chatham University, where she taught creative writing to women in the Allegheny County Jail through Chatham’s Words Without Walls program. She’s currently working on her second full-length poetry collection, tentatively titled "Our Own Thin Ways," and a memoir.   

Jason Irwin is the author of "A Blister of Stars" (Low Ghost, 2016), "Watering the Dead" (Pavement Saw Press, 2008), winner of the Transcontinental Poetry Award, and the chapbooks "Where You Are" (Night Ballet Press, 2014), and "Some Days It's A Love Story" (Slipstream Press, 2005). He grew up in Dunkirk, NY, and now lives in Pittsburgh.  

SUNY University at Buffalo Professor Emeritus Scott W. Williams, Ph.D., is a poet and author of short stories. He has been featured in New York, New Hampshire, Pennsylvania, Ohio, Ontario, Canada and the Virgin Islands. His poems appeared in "Sunday Review," "Coffeehouse Writings" “From the Web," "Juniper," "Peach Mag," "Ground & Sky," "Scryptic Magazine," "Le Mot Juste," "Punch Drunk Press," "Journal of Humanistic Mathematics." The most recent of his six books are "Bonvibre Haiku" (CWP Press-2017) and a book of micro-fiction "Natural Shrinkage" (Destitute Press-2018). Williams edits the syfy poetry and flash-fiction anthology series, "A Flash of Dark" (Writers Den-2018) and "A Flash of Dark vol 2" (Writers Den-2018). Williams hosts workshops of the poetic forms Ghazal and Haiku and cohosts the series "Second Stage Writers" (with Max Stephen, Ph.D., in Buffalo) and "Poets Soup" (with Victoria Hunter in Canandaigua).

Eric Zwieg is the author of "A Killer, A Victim, A Mourner," and "Summer Portrait," community-based performance plays funded through the New York State Decentralization Ripple Grant Awards for individual artists (2018, 2019). His poetry has been featured in the "Metropolitan Review" (2017), and the forthcoming "Batavialand: A Workingman's Paradise." Music recordings include: "Durkheim’s Rule," "Wish I Was Cool," "Dance of the Sugarpug," "Maggie’s Drawers," "Drift," and "Regrets." Zwieg is currently working on his master's thesis, "Solitude, and the Art of Creativity." 

CTE Center's Culinary Club to host pop-up dinner April 8

By Billie Owens

The Batavia Career and Technical Education (CTE) Center’s Culinary Club will host a Pop-Up Dinner at 6:30 p.m. on Monday, April 8. It is open to the public.

This three-course dinner will be held in the Culinary Arts Dining Room at the Batavia CTE Center, located at 8250 State Street Road.

Tickets are $25 per person and may be purchased at the Batavia CTE Center.

Chef Tracy Burgio is the Culinary Arts instructor at the Batavia CTE Center. She noted how events like these give student real-world experiences as the event is student driven.

“The students have researched menu possibilities in order to plan the menu," Burgio said. "They will prepare and cook all the entrees and also serve our customers. Everyone works together as a team to create a memorable, pleasant experience for our patrons."

Any questions may be directed to Chef Burgio at (585) 344-7795 or tburgio@gvboces.org.

About the Batavia Career and Technical Education Center

It is a program of the Genesee Valley Educational Partnership. The Partnership operates as a Board of Cooperative Educational Services providing shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York State.

Batavia fire chief announces city is recertified for flood mitigation planning

By Billie Owens

Press release:

The City of Batavia has received notification from FEMA’s NFIP/CRS program that it has met the recertification requirements for its continued participation in the Community Rating System (CRS). According to Fire Chief and CRS coordinator Stefano Napolitano, the City will maintain its current Level 7 rating.

This rating will enable those residents and business owners in the City's Special Flood Hazard Area (SFHA) to continue to receive 15-percent discounts on their flood insurance premiums, while those outside the SFHA will receive an additional 5-percent discount on top of already reduced rates.

In addition to the financial benefit, the CRS aids in improving community flood mitigation efforts.

These include: better informed citizens; enhanced public safety, reducing potential damage to property and public infrastructure; avoidance of economic disruption; and protection of the environment. In addition, implementing some CRS activities, such as floodplain management planning can assist a community qualify for certain Federal assistance programs.

This recertification maintains the groundwork previously laid out by City management and continues to be an integral part of the City’s comprehensive strategy to improve neighborhoods and the value of City properties.

Chief Napolitano acknowledged that there was a tremendous amount of work to recertify and maintain the Level 7 rating and he wanted to acknowledge the efforts of all members of the CRS recertification team, which included himself along with, Fire Department Capt. Bob Fix, Floodplain Manager Ron Panek, Inspection Bureau secretary Meg Chilano and confidential secretary Lisa Casey. Napolitano also wanted to acknowledge Erin Pence from the Genesee County Planning Department, who assisted the recertification process with mapping services.

Eugene Jankowski Jr., Council president, said, “I would like to acknowledge a job well done to Fire Chief Napolitano and his team. The CRS recertification is a critical component to manage the high cost of flood insurance for our residents in the flood zone."

Lastly, Napolitano points out that the annual CRS recertification process is an ongoing and continual one. Throughout the year, there will be activities which are vital to maintaining the City's current level, but also involve researching the readiness and ability to move beyond a Level 7.

BDC hopes to establish $5 million equity fund based on new Federal tax breaks for investors

By Howard B. Owens

A change in federal tax law in 2017 could help attract Downstate investors to Upstate communities such as Batavia and the Batavia Development Corporation is planning on pursuing those dollars for economic development in wards three and six.

The new tax law allows investors who have realized profits from prior investments, known as capital gains, to defer and reduce capital gains taxes on those profits if they invest those gains in economically distressed neighborhoods.

Wards three and six -- which contain the City Centre mall and the Harvester Center, among other distressed properties -- were previously designated Opportunity Zones by the City of Batavia and would be eligible to attract investment under the terms of the revised Federal Tax Code.

Rachael Tabelski, BDC director, asked the City Council on Monday night to approve at its next business meeting a resolution that would allow the BDC to invest $20,000 in setting up a Batavia Opportunity Zone investment vehicle.  

"These wards are distressed and would benefit from both large and small investment projects," Tabelski said.

The goal is to attract $5 million in investment funds. Tabelski said there are already potential investors Downstate who have expressed an interest in such investments.

Urban Vantage LLC, a Buffalo-based urban planning firm, would assist, including financially, in setting up the investment package.

The $20,000 would come from BDC's revolving loan fund, which has a current balance of $319,000.

At its next business meeting, the City Council will also be asked to approve a resolution that would allow the revolving loan fund, first established with Federal grants in 1997, to start assisting small businesses in Batavia with cash grants (in addition to continuing revolving grants).

Tabelski told the council that the purpose of the fund is to get money into the hands of local businesses to help spur economic development and the fund isn't accomplishing that goal if the money isn't being put to use.

The $20,000 initial investment would be used for legal preparation of the investment vehicle, listing and marketing the project, along with filing and accounting fees.

"We're setting this up so we are on the map as a proactive community taking advantage of a new federal tax law that is allowing investment into low-income census tracks and to show investors and developers that we're serious about moving our sites forward and creating our own fund as a city," Tabelski said.

There's much about how the new investments will work that hasn't yet been determined by the Treasury Department. The final guidelines should be released in a few weeks.

In general, the idea is if an investor has capital gains, the investor can move those funds to an opportunity zone investment fund and defer any capital gains tax until 2026. After five years, the basis of their taxable gains would be reduced by 10 percent. For example, if an investor had $100,000 in capital gains and invested those gains in an opportunity zone, the investor would owe taxes only $90,000 of those gains. After 10 years, the basis would be reduced another 5 percent.

Also, after 10 years, the investor would not owe any taxes on any additional gains on their opportunity zone investments. In other words, if that investor put $100,000 into an opportunity zone and at the end of 10 years, exited the investment and got back $150,000, there would be no capital gains tax on that additional $50,000 realized from the investment.

"It's really designed to attract investment in projects that have a high likelihood of appreciation," said Richard Rogers, a principal in Urban Vantage.

Tabelski first met Rogers and his partner Travis Gordon during the Downtown Revitalization Initiative process, when they represented Ken Mistler on the Carrs Reborn project. They worked together on developing a plan to create the opportunity zones under the tax code revisions.

Tabelski and Gordon both said Batavia could be attractive to investors not just because of a break on capital gains tax but also because of other credits available, such as historic building tax credits, new market tax credits, and the availability of PILOTs (Payment In Lieu Of Taxes) on building improvements.

"This is a marketable location for people from places like Downstate to put the money into to actually get a good return on their investment as well," Gordon said.

The BDC-initiated fund will focus on real estate investment but there's no reason private investors can't establish their own funds to support business startups and expansions. So long as the business is based in designated opportunity zones, investors would be eligible, potentially, for the same tax breaks on capital gains.

There are some guidelines yet to come yet, however, that will either expand or limit those opportunities. For example, initially, the tax code would have required at least 50 percent of a business's revenue to come from within the opportunity zone.

That would seriously limit, as Rogers noted, a new firm's ability to scale, which would make a much less attractive investment for venture capital.

Tabelski said there is already an investment fund established in Buffalo that might be interested in projects in Batavia.

Photo: Rachel Tabelski presenting the project to the City Council on Monday, accompanied by Richard Rogers and Travis Gordon.

Batavia PD active warrants as of March 25, 2019

By Howard B. Owens

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereabouts of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

Arlena G. Cox, age 58
Charge(s): petit larceny Jeanine L. Turner (AKA Calice), age 46 (2012 photo)
Charge(s): aggravated unlicensed operation of a motor vehicle 2nd degree Martin J. Rodgers, age 35
Charge(s): sex offender failure to register a change of address

 

  Sara J. Smith, age 33 (photo from 2012)
Charge(s): criminal mischief 4th degree Tera M. Williams, age 45
Charge(s):  aggravated unlicensed operation of a motor vehicle 3rd degree and harassment 2nd degree

Law and Order: Batavia man accused of violating complete stay away order

By Billie Owens

Juaquin E. Davis, 23, of East Main Street, Batavia, is charged with first-degree criminal contempt -- physical contact; first degree criminal contempt -- with a previous conviction within five years; and second-degree burglary -- illegal entry to a dwelling. Davis was arrested on March 21 after an alleged domestic incident on Thomas Avenue in Batavia on March 18 against a person with a complete stay away order of protection. Davis was arraigned in Batavia City Court then jailed in lieu of $5,000 bail. He was due back in city court on March 22. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Marc Lawrence.

Henry L. Banks, 49, of Ross Street, Batavia, was arrested at 12:49 a.m. on March 24 on Ellicott Street in Batavia. He was stopped for a traffic violation and it was shown that a bench warrant for his arrest was issued by Batavia City Court. He was processed and arraigned in city court, then jailed in lieu of $2,500 bail or $5,000 bond. He was due back in city court this afternoon (March 25). The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Stephen Cronmiller.

Aisha I. Culver, 20, of Thomas Avenue, Batavia, was arrested on a Batavia City Court warrant March 17 after she failed to appear in court on a traffic summons. Culver had previously been charged with: aggravated unlicensed operation of a motor vehicle in the third degree; operating a motor vehicle with a suspended registration; and various other traffics infractions. She was released on her own recognizance. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Jason Ivison.

Jordan R. Rose, 18, of Maple Street, Batavia, is charged with: criminal possession of marijuana in the fourth degree -- weight more than two ounces; and criminal possession of a controlled substance in the seventh degree. Rose was arrested at 10:45 a.m. on March 22 following a search by the Probation Department of his residence. He was allegedly found in possession of marijuana and miscellaneous drug paraphernalia. Rose was arraigned in Batavia City Court and jailed in lieu of $1,500 cash or $2,000 bond. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Marc Lawrence.

Packed house in Paddock Room at Batavia Downs on Sunday to raise funds for Trigillos

By Howard B. Owens

Nearly 500 people turned out at Batavia Downs on Sunday afternoon in support of Joe Trigillo, who is battling glioblastoma, a cancer that forms in a person's brain and is very difficult to eradicate.

Trigillo was diagnosed in January and has been through two rounds of chemotherapy and radiation treatment -- one for 33 days and another of 40 days -- and the fundraiser is intended to help Joe and his wife Kathy with any extra expenses.

Kathy said her husband was overwhelmed by the outpouring of community support.

"It means the world to him," Kathy said. "Every time I bring it up he just starts to tear up and he can't believe the great outpouring of love that he's gotten."

Trigillo and members of the Trigillo's family have worked at Batavia Downs for decades, including both of Trigillo's parents. Trigillo has been a stalwart of the local bowling community his entire adult life and is a regular on the local golf tournament circuit.

"He's always been the social person," Kathy said. "He's the one that goes to the bowling tournaments. He's the one that goes to the golf tournaments. He loves to be with people. He never, ever says no because he loves to go out with other people and do things. He's just always happy to do that and he loves people."

The symptoms of glioblastoma can be non-specific and are different for individuals, depending on where in the brain the cancer starts and how it progresses. At the start of the bowling season, Trigillo didn't have his A-game going and he and Kathy took it as an early-season slump.

"You just think it's a slump but he wasn't getting out of the slump," Kathy said. "Still, we didn't think much of it other than he's in a slump."

The community sees Joe the competitor and may not perceive he has a softer side, Kathy said, but he can get emotional in private; however, when Joe started crying during Hallmark movies, Kathy sensed he was being more emotional than usual. Even so, she didn't suspect a serious issue.

But then one day DirecTV called and when Joe wanted to hand the phone off to his wife, he couldn't remember her name.

That weekend, walking across some pavement, Kathy noticed Joe was shuffling his feet. She started to suspect a mini-stroke. That Monday, Jan. 14, she called a doctor who told her to take Joe to the emergency room at UMMC.

"They immediately ordered an MRI after I told them the symptoms," Kathy said. "I think they must have known more than we did."

The MRI revealed two tumors in the lower left frontal lobe and Joe was taken by ambulance to Buffalo General Medical Center.

Once there, surgery was quickly ruled out for treatment.

"If they did surgery to remove the tumors, it was a high risk to cause the whole right side of his body to be paralyzed and he would not be able to speak," Kathy said.

From Buffalo General, Joe was sent to Roswell Park Comprehensive Cancer Center, which is also in Buffalo.

The regime of chemo and radiation was rough, Kathy said. Joe was hospitalized a couple of times during the treatment, with treatment suspended once because of complications.

The typical prognosis for glioblastoma is a survival rate of 12 to 15 months. Kathy is hopeful Joe will get back to doing the things he loves this spring and summer.

They'll know more when they meet with doctors at Roswell again on April 14.

"We're hoping that we're going to fight this and that we're going to play golf this summer and we're going to be at the long end of that prognosis," Kathy said.

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