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Fire Helmet Raffle to benefit program that provides kids with warm winter coats

By Billie Owens

On July 10 the City of Batavia Firefighters Local 896 will hold its first Helmet Raffle benefiting "Firefighters for Operation Warm." The raffle will be at Tully's restaurant on East Main Street at about 9 p.m.

Local 896 is raffling off a brand-new N6A Sam Houston structural fire helmet (winner picks color, style and custom leather front).

The 2nd place prize is a $75 gift certificate to "The Fire Store" and 3rd-place prize is $50 to "The Fire Store."

Tickets are a $10 donation with all proceeds benefiting "Firefighters for Operation Warm," which provides brand-new 100-percent American-made winter coats to children in the City of Batavia. This is the second year City firefighters are partnering with Operation Warm to provide the gift of warmth to children in our community.

In addition to the raffle, Tully's is donating 10 percent of its receipts on July 10 to the coat charity (only at the Batavia location), provided that the customer presents a special coupon at the time of check out.

For raffle tickets and Tully's special coupons, contact Adam Palumbo at apalumbo@batavianewyork.com. Visit <http://www.operationwarm.org/Batavia> for more information and to donate.

Man who dragged deputy with car given seven years in prison

By Howard B. Owens
Scott Kopper

A Batavia resident who dragged a deputy with his car, putting the deputy's life in danger, will serve seven years in state prison, Judge Robert C. Noonan ruled this morning.

"It's never easy to impose a harsh sentence on somebody, but it is easier when I feel like I'm fulfilling my duty to separate somebody from society for as long as possible," Noonan said.

Scott Kopper, 37, entered a guilty plea May 22 to assault in the second degree. As a second felony offender, the maximum sentence that could be imposed was seven years.

Assistant District Attorney Robert Zickl said it was personally difficult to be the person handling the prosecution of Kopper because Zickl knew him years before he started getting into trouble.

He knew him, he said, as an EMT working the sidelines at youth football games.

"To be in this position today is difficult because I have to ask the court to impose the maximum sentence on Scott," Zickl said. "He is a threat to society and eventually he's going to seriously hurt or kill somebody."

Assistant Public Defender William Tedford asked Noonan to impose a four year sentence, giving Kopper the best opportunity to return to the life he once knew -- college educated, volunteer firefighter, EMT and hazmat trained, a family man.

That all fell apart, Tedford said, after Kopper's father died and Kopper started using drugs and developed mental health issues.

Zickl told Noonan that Kopper could have killed Deputy Brian Thompson on Jan. 7 when Thompson's arm became lodged in the window of Kopper's car as he tried to flee from Thompson, who was attempting to arrest him for a parole violation.  

It was the day after a blizzard and the roads were still icy. If not, Zickl said, Thompson certainly would have been killed in the incident.

"His tires were spinning as fast as they would go," Zickl said. "On a dry surface he would have been up to 70 or 80 mph immediately."

Tedford said evidence showed Kopper was over medicated that day and probably intended harm to himself, but not to Thompson.

"He has a great deal of remorse for what he did that day," Tedford said. "I have the utmost respect for Deputy Thompson. He has the utmost respect for Deputy Thompson. He's truly sorry. I submit to you that when my client is properly medicated, he has no propensity for violent behavior."

Noonan said the only way Kopper could get proper supervision and mental health treatment in today's society is in prison. There simply isn't the available resources to provide him with the kind of constant supervision he needs if he were at liberty.

Thompson also addressed the court, asking Kopper to turn to Jesus Christ for his salvation and telling Kopper that he forgave him even though he hadn't asked for his forgiveness.

Thompson quoted from the Book of Roman: "Bless those who persecute you; bless and do not curse; Rejoice with those who rejoice; mourn with those who mourn; Live in harmony with one another; ... Do not be overcome by evil, but overcome evil with good."

In conclusion, Thompson said, "Thank you for the opportunity to reflect on my life over this past six months."

Dressed in Genesee County Jail orange, Kopper turned his chair a bit toward the dias where Thompson stood and spoke and watched him throughout his statement.

After Tedford spoke, Kopper made a brief statement.

"I'd like to apologize for my actions that day, but more importantly, I want to apologize to Deputy Thompson," Kopper said. "I'm very sorry."

Motorcyclist down on Pearl Street Road

By Howard B. Owens

A motorcyclist is down in the roadway in the area of 3120 Pearl Street Road. A first responder reports possible serious injury.

East Pembroke and Mercy EMS dispatched.

Mercy Flight is dispatched. Three minute ETA.

UPDATE 5 a.m.: We didn't hear why, but Mercy Flight out of Olean is dispatched. Twenty-five minute ETA.

UPDATE: Mercy Flight has landed.

UPDATE 5:40 a.m.: Mercy Flight is airborne. Didn't hear its destination. The assignment is back in service.

UPDATE 6 a.m.: A motorcyclist was apparently westbound when it struck a deer. The point of impact was the deer's hindquarter. The front end of the Harley-Davidson was damaged. The rider's helmet showed signs of skidding. He was in and out of consciousness while being treated on scene. He was taken by Mercy Flight to ECMC. Mercy Flight out of Batavia was not available this morning. The name of the rider has not yet been released. An eastbound motorist found the bike and the rider in the middle of the road and called emergency dispatchers.

Car vs. pedestrian accident on West Main Street in the city

By Billie Owens

A car / pedestrian accident is reported at 214 W. Main St. and city firefighters and Mercy medics are on scene. The pedestrian has a minor injury.

UPDATE 10:40 a.m.: City fire is back in service and the pedestrian is being taken to UMMC.

Photos: Classic cars at Stan's

By Howard B. Owens

Stan's Harley-Davidson hosted its annual classic car and classic bike drive-in today.

Nathan and Abby Lake, of Batavia.

Hugh and Mary Ann Steves, of Strykersville.

Don McDonald, of Stafford.

Photos: Mercy Flight open house at Home Depot

By Howard B. Owens

Mercy Flight/Mercy EMS, with the help of local volunteer fire departments, the Sheriff's Office and State Police, hosted an open house today in the parking lot of Home Depot. The highlight might have been the flyover of Mercy Flight #5, piloted by Brian Smith.

Two Ghost Riders bands liven up Main Street on a Friday night

By Howard B. Owens

The Ghost Riders and the Ghost Riders Drum and Bugle Corps put on a unique show Friday night on Main Street.

The bands performed right on the sidewalk next to Larry's Steakhouse (the show's sponsor) and music fans, maybe about 300 hundred of them, gathered around standing or finding seating as best they could.

The music was great, of course.

The Ghost Rider's great pedal steel player Jimmy "Steel" Duvall.

Fire at building on North Spruce

By Billie Owens

A working fire is reportedly coming from building 'B' at  20 N. Spruce St. in the city. The city's fourth platoon is called to the scene and the first platoon is called to headquarters.

UPDATE 1:30 a.m. (by Howard): At least 13 people, including young children, living in six apartments, were displaced by the fire. The fire started in a second-floor apartment occupied by a grandfather and three grandchildren. All four were home at the time and escaped unharmed. That apartment was gutted. A third-floor apartment was heavily damaged. There is smoke and water damage throughout the Group B part of the complex. The cause of the fire has not been determined. A witness said he arrived on scene seconds after the first fire crew. He saw fire burst through a window and within 45 seconds, firefighters had the fire knocked down. At this hour, city fire crews are still on scene.

Photos: Cutting masonry on Center Street

By Howard B. Owens

When workers from Tompkins Insurance move into their new second-floor offices at Main and Center, they will have Doug Rebmann to thank for the bit of extra sunlight spilling into their space.

Rebmann has been working this week cutting through masonry to create two new window openings as part of extensive renovations to the second floor.

Tompkins expects to move its customer service center to the location in mid-September.

Photos: Local firefighters set record with more than $9K collected in 'Fill the Boot' campaign

By Howard B. Owens

Today was the day to fill the boot and a lot of people did. City firefighters, members of IAFF Local 896, were positioned on Ellicott, Main, and Court streets this morning to collect donations from passing motorists as a fundraiser for the Muscular Dystrophy Association.

It was another banner year for the firefighters with a new record amount of $9,635.39, according to Local President Greg Ireland.

Above, Adam Palumbo collects a donation.

Jeff Stevens collects a donation.

Firefighter Tim Stengel collects a donation.

Law and Order: Rochester man charged for Dec. 27 burglary in Darien

By Howard B. Owens
Giovanni Rosario

Giovanni Louis Rosario, 21, of Conkey Avenue, Rochester, is charged with burglary, 2nd. Rosario was arrested on a warrant out of Town of Darien Court. He's accused of being involved in a burglary reported at 1 p.m., Dec. 27, on Tinkham Road, Darien. Rosario was ordered held on $10,000 bail. The suspect is currently being held in the Monroe County Jail on unrelated charges.

James Ross Sweet, 53, of Walnut Street, Batavia, is charged with criminal contempt, 1st. Sweet allegedly initiated contact with a person he is barred from contacting by court order.

Timothy Joseph Clark, 54, of North Bergen Road, Bergen, is charged with harassment, 2nd. Clark allegedly grabbed a woman he knows. The alleged incident was reported at 2:45 p.m., Wednesday.

Mark Anthony DiManno, 56, of Ridgeview  Drive, East Rochester, is charged with criminal trespass. DiManno was arrested on a warranted and arraigned in Town of Batavia Court.

Alyssa N. Bannerman, 20, of Brockport, is charged with conspiracy, 6th, criminal possession of stolen property, 5th, and unlawful possession of marijuana; A 17-year-old from Brockport is charged with conspiracy, 6th, and criminal possession of stolen property, 5th; and, Antonio J. Goodson, 24, of Medina, is charged with conspiracy, 5th, and petit larceny. The trio was arrest by State Police in relation to an alleged larceny reported at Kmart at 3:30 p.m., Wednesday. No further details released.

Todd R. Stanton, 32, of Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Stanton was arrested by State Police for an alleged incident reported at 7:48 a.m., Monday. No further details released.

Owners of the Rack Shack confident you'll go out of your way for their BBQ

By Howard B. Owens

How far would you drive for really good BBQ? Yesterday, somebody reportedly drove 70 miles to try out Batavia's newest BBQ joint -- The Rack Shack, on Ellicott Street Road.

Open just a week and with little fanfare, the owners of the new restaurant are finding their location just a bit outside the city is well suited to the business they want to build.

"The location presented itself and we thought it was a good opportunity," said co-owner Mandee Hopkins.

The location was most recently Rosie's Diner. Rosie's nor the prior diner, Fedora's, really worked out for those owners. But Hopkins said she and her partners like the location because of the high volume of traffic on Route 63, the fact that the east side of Batavia -- with the ag park -- is growing, and they are confident good BBQ will make the restaurant a destination for smoked pork and beef aficionados.

The co-owners are her husband Jason, who has 25 years experience in the restaurant business, including working as head chef at the Hillside Inn and sous chef at the Valley Inn, and Jim and Melissa Penders. Jim is an award-winning BBQer who has worked in catering for 15 years.

"BBQ is what they love," Mandee said. "It's what they love to eat. It's what they love to cook, and it's a skill that needs to be mastered."

Mastered it, they have. The menu boasts that the pork ribs are so tender they melt off the bone. They'll never be accused of false advertising on that point.

The menu is filled with Southern flavor, from cole slaw to collard greens to cajun catfish along with WNY favorites such as salt potatoes, Pittsburgh salad, and their own version of the garbage plate, called the Shack Attack.

"We want to offer a warm, comfortable atmosphere where people can enjoy their food," Mandee said. "We believe in high standards and treating people like family."

A year of private trash service in the city marked by one company with picnic

By Howard B. Owens

It's been a year since the city went to a new garbage collection system that allows residents to hire their own trash hauler.

One of our local vendors, Trash Away, owned by David and Jeff Pero, celebrated their first year in business over the weekend with a picnic for their customers.

Alleged owners of 420 Emporium face federal charges two years after raids

By Howard B. Owens

It's been nearly two years since multiple law enforcement agencies raided The 420 Emporium, the erstwhile head shop once located at 400 Ellicott St., Batavia, but today authorities announced federal indictments against two alleged owners of the business.

Charles Darwin Fitzgerald, 39, and Amber Lynn Snover, 23, both of Rochester, have been charged with conspiracy to distribute, and distribution of, Schedule I controlled-substance analogues and maintaining drug-related premises. 

They face a maximum penalty of 20 years in prison and a possible $1 million fine.

According to a press release from the U.S. Attorney's Office, Western New York, the defendants are accused of conspiring to possess with intent to distribute alpha-PVP, pentedrone and AM2201, which are all Schedule I controlled-substance analogues. The indictment also charges the defendants with maintaining four drug-related premises in New York for the purpose of manufacturing, distributing and using alpha-PVP, pentedrone and AM2201:

  • 21 West Hills Estate, Rochester;
  • 420 Emporium Store, 14 Market St., Brockport;
  • 420 Emporium Store, 400 Ellicott St., Batavia;
  • 420 Emporium Store, 1475 E. Henrietta Road, Rochester. 

Federal authorities are also seeking forfeiture of more than $770,000 in cash seized July 25 from the Fiztgerald-Snover residence in Greece as well as the property.

The 420 Emporium in Batavia was an infamous business for the 10 or so months it was open. The operators were suspected of selling various kinds of synthetic drugs, known generically as bath salts, and synthetic marijuana. 

Usage of the drugs was suspected in several bizarre and odd incidents locally.

Previously:

The sudden prevalence of bath salts in the community led to citizen protests.

After the 420 shut down, bath salt-related incidents became much less common (though did not completely go away) in Genesee County.

At the time the 420 was open, its ownership seemed murky.

Fitzgerald is listed in Monroe County documents as the owner of 420 Emporium, Inc. Snover once claimed on Facebook to own the 420 Emporium locations in Brockport, Fulton, Henrietta and Syracuse, but not Batavia. When contacted in 2012 by The Batavian, she denied ownership and then filed a harassment complaint with Greece PD against the reporter working on the story. State and local records showed Joshua Denise owned the 420 Store, LLC, at 400 Ellicott St., Batavia.

The 39-year-old Denise was arrested, along with Michelle Condidorio, during the July 25, 2012, raid. Both entered guilty pleas to possession of a controlled-substance analogue. Denise will be sentenced Aug. 21 and Condidorio on Sept. 18.

The 420 Emporium also operated a store in Fulton. That store is not listed in the indictment, but it is outside the jurisdiction of the WNY U.S. Attorney's Office. We don't know at this time if there is a separate indictment in the Central New York jurisdiction.

The July 2012 raid in Batavia was part of a one-day, nationwide effort to crack down on alleged bath salt distributors.

See also: From China White to bath salts, designer drugs ongoing public safety challenge

All photos are file photos from previous coverage.

Local 12-year-old races stock cars, dreams of being in the Daytona 500

By Julia Ferrini

Oftentimes, young boys can be seen playing with Matchbox cars or Tonka trucks, building roads and ramps in playground or backyard sandboxes during the summer. As they get older, remote-control cars and trucks get tested on homemade ramps, curbs or other obstacles boys deem interesting. On rare occasions, one may find a young boy who races stock cars. Now we’re not talking modified stock cars to fit a growing boy’s frame, these cars are full-size NASCAR-style vehicles, equipped with all safety modifications required of NASCAR. 

Meet 12-year-old Dante Mancuso, of Batavia. The seventh-grader is currently ranked number one in the Bandit Class division at Raceway 5 at the Genesee County Fairgrounds. The 12- to 18-year-olds, race on an oval dirt track and can reach speeds of up to 50 miles per hour.

“There’s no chance of me going anywhere because I’m so locked in there,” Mancuso said. “I can only move to shift and steer.” 

Backtracking just a bit, just how did this young lad become interested in racing?

“On my first birthday my dad got me one of those little four-wheelers,” Mancuso said. “I have loved driving ever since.”

Racing does seem to run in the family. Mancuso’s grandfather, Steven Popovich, was a stock car driver in the '50s, driving on both dirt and asphalt tracks. He raced at Lancaster National Speedway when it was still a dirt track under the nickname “The Royal Rebel,” driving car number 30. Additionally, family friends, Larry Richmond and Larry Corp, would also take Dante to the races.

Yet the real beginning was when Mancuso started racing RC (radio-controlled) cars competitively at the age of 9 at the KRZ Raceway and Hobby, Batavia.

“The more I competed, the more I wanted to try and race with something I can sit in and drive,” Mancuso said.

The 1988 Ford Mustang LXT Mancuso drives is a standard six-speed, sporting a number one on the door and “Elvis” where the license plate is normally found. 

“The safety precautions,” David Mancuso, Dante’s father, said, “they’ve taken the NASCAR safety features and applied them to the cars these boys drive.”

“I hit the wall in a recent race,” Dante said, “and it felt more like a tap because I’m so strapped in.”  

“When he hit the wall, he hit the tires first and bounced back a bit before actually hitting the concrete wall and that slowed the impact,” the older Mancuso said. “Even with all the safety features my wife still can’t watch. She puts her head in my lap during the race.”

The aforementioned tires are ones that line the concrete barricade for just such incidents. It’s a safety feature built into the track.

Although the young Mancuso participates in what most would consider an adult sport, he is still a kid and school takes precedence over racing. 

“After school I’d do my homework and if I can, I work on my car,” said the Batavia native. “But Saturdays are the best day because I get to do my favorite thing -- other than spending time with my family -- and that’s working on my car.”

The deal with his parents is this: “If I fail a class, I don’t get to race."

“I’m really excited about summer,” Dante said, “because I also play football.” 

Last year, Mancuso played for the Batavia Bulldogs, the Batavia town league. This first stringer played many different positions on the defensive line.

“I like to say he’s got the ‘Eye of the Tiger,’ ” the elder Mancuso said. “He likes to win.”

“When you lose, you learn something. When you lose, you lose with pride,” Dante said. “I learn something when I lose. As the racing saying goes ‘Don’t let your head get too big.' In other words, don’t get overconfident in yourself. Learn something from every race.” 

While the middle-schooler prepares himself to go further in racing -- having his eye on the Winston Cup or the Daytona 500 -- right now he says he wants to be the best he can be “in life, in racing, in general. Just to be the best I can be.

“Racing is a team sport. It’s no use getting angry at losing, just learn something for the next race, because you never know, you could take first in your heat and then win.”

Mancuso races against six to 10 other drivers. There are two races on race night: the heat, then the feature.

“To qualify in a heat, you need to finish the heat,” Dante said. “Depending on where you finish, that places you for the feature.”

Racing is a point system from both the heat and the feature races. Each placement -- first, second and so on -- garners points and position. With races held every weekend, weather permitting, he never really knows what’s in store for him.

“Before I even get out on the track I take 10 seconds to just breathe and clear my mind,” the boy said. “When I get on the track I focus on the track and nothing else. I’m focused on winning.

“Most important of all, other than my mom and dad’s support, if I didn’t have (the support of) fellow racer Jason Babbitt (Babbitt Racing) and Larry Corp (chief mechanic at Mancuso Limo),” Mancuso continued. “I wouldn’t be able to race.”

More often than not, Mancuso works alongside his crew to learn not only the basics of car mechanics but the more intricate details of owning a car.

“They teach me the mechanics as I go along,” Dante said. “I’ve learned how to change racks and transmissions and things like that.”

Mancuso’s sponsors include his dad, David Mancuso of Mancuso Limo and Buses of WNY, Batavia; Nate Mancuso of Caesar Auto and Truck, Bergen; and James Gayton of The Detail Shop, Batavia.

When asked why he is involved in a potentially dangerous sport: “It’s my passion. I love to do it.”

Hawleys give Rotary members a sneak peek at new malt house

By Howard B. Owens

Ted and Patty Hawley have been working for three years to open a malting house in Batavia. The process is almost done, and Tuesday, the Hawleys provided a tour of their new facility on their farm on Bank Street Road to members of the Batavia Rotary Club.

Ted Hawley spoke for about 20 minutes about the history of malting and beer brewing in New York, why he decided to get into malting and how the process works.

Rotary members were able to sample the taste of about a half dozen different barley grains.

At one time, New York was number one in barley and hops, but the emergence of better growing areas and prohibition killed the industries in the state.

In Batavia, decades ago, there was a malt house off Elm Street owned by Charles Fisher, and Genesee Brewery made malt in a facility on Lyons Street.

Even though there are no commercial breweries in Genesee County now, microbreweries are popping up all over the state, even in WNY.  The growing demand for malt is what got the Hawleys interested in starting their own operation. 

Once the new malt house is fully up and running, Hawley said there's already enough demand from microbreweries in WNY that he doubts any of his malt will be sold to downstate markets.

Before a resurgence in microbreweries in New York (there are now 128), it had been generations since malting barley was grown locally.  

It's a challenge to grow in New York because of moist air. Fungus can wipe out whole crops and at harvest time, there's a short window of opportunity to combine the stocks before the grain starts to germinate.  

Last year, the Hawley's lost 40 acres of grain because of a day or two of rain right when the barley should have been harvested.

Hawley said the grain looked good in the field. It looked good after the straw was cut and the grain was brought to the malt house, but when he did a pre-germination test, he found that at a microscopic level, it had already germinated, killing all of the enzymes. 

Some of that barley went to area distilleries, which can still use barley at that stage, but most of it became livestock feed.

In order to grow enough barley for his three-tons-a-day malting operation, Hawley needs to partner with local farms to grow his barley (and Hawley is still running experiments with Cornell Cooperative Extension to find the right variety of barley to grow locally -- a four to five year process).

It can be daunting to introduce the idea to a farmer who has no experience with malt varieties of barely (which are higher in enzymes and lower in protein than feed barely).

"It's a real challenge to grow it," Hawley said. "When I talk with a farmer about growing it for me, it's hard not to deter them."

To grow it, a farmer must use about half as much nitrate fertilizer as he would for feed or wheat. There's a limited five-day window to spray for fungus, which if missed means the crop is lost. And at harvest, the combine must be run at about half speed so the grain heads aren't scabbed.

For all that, Hawley said, it's still a worthwhile crop for the right farmers.

"It's a very good gamble," Hawley said. "I'll pay them twice what it's worth as feed. It could be very lucrative to somebody who takes good care of the crop."

Previously:

Summit Street closed for water line replacement

By Howard B. Owens

Press release:

A water service replacement is scheduled for Thursday June 19 on Summit Street. This work will require Summit to be closed to traffic from Ellsworth Avenue to North Street until the repair is completed. The road will be closed at approximately 8:30 a.m. This work should not impact water service to customers.

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