batavia

Shawn Robert Klineline, 30, of Batavia, is charged with criminal possession of a controlled substance and possession of a controlled substance not in original container. Klineline was stopped for alleged traffic violations at 12:59 a.m. Saturday by Deputy Patrick Reeves, and found allegedly in possession of a non-prescribed controlled substance not in its original container.

Jeffrey Russell Hamill, 34, of Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding (76 in a 55 mph zone). Hamill was stopped at 1:43 a.m. Saturday on Route 77, Pembroke, for allegedly speeding by Deputy Patrick Reeves.

Justin Michael Beverly, 23, of Creamery Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings in a no-passing zone. Beverly was stopped at 1:37 a.m. Saturday on Warboys Road, Byron, by Deputy Jason Saile.

Gary Wayne Wornowski, 30, of East Aurora, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right, possession/consumption of alcohol in a motor vehicle and inadequate muffler. Wornowski was stopped at 11:30 p.m., Jan. 1, on Route 5 in Pembroke, by Deputy Patrick Reeves.  Wornowski was recently issued a summons to appear in Town of Pembroke Court at 5:30 p.m., Feb. 28.

Kathleen R. Cramer, 49, of 4 South Lyon St., Batavia, is charged with petit larceny. Cramer is accused of shoplifting from Dollar General.

Kenneth W. Cook III, 19, of 108 Oak St., Batavia, is charged with criminal contempt, 2nd. Cook was allegedly observed with a person he is ordered not to contact. Cook was jailed on $1,000 bail.

Melissa G. Betances, 31, of 180 1/2 Pearl St., Batavia, is charged with criminal contempt, 2nd. Betances is accused of sending text messages to a person protected from contact by court order.

Booker T. Ricks III, 41, of 7 Chestnut St., Apt. 1, Batavia, is charged with criminal contempt, 2nd. Ricks is accused of violating a stay away order of protection.

Press release:

Batavia-based Grease Lightning, founded and operated by local residents Ben and Jackie Thompson in 2009 have just launched their most ambitious expansion to date as 11 new locations opened January 15th -- seven in suburban St. Louis, three in Indiana and one in Illinois.

This brings their total number of fast lube and repair shops to 40 in five states. Grease Lightning’s Batavia-based shops are Grease Lightning at 4003 W. Main St. and Castrol Premium Lube Express at 50 Liberty St.

Grease Lightning’s shops have owner/operators at the local level and the company is interested in finding prospective owners to help grow what has been for the last three years the fastest-growing independent chain of fast lube locations in the U.S.A. The company also has car and truck rental, towing and detail operations.

Interested parties who would like to own a location should contact Ben Thompson by calling 716-649-9374. You can find the company on the Web at www.mygreaselightning.com.

Black smoke is reported coming from a Dumpster at the Quality Inn, 8200 Park Road, Batavia.

Town of Batavia fire responding.

A chief on scene confirms smoke from the Dumpster. It's about 50 feet from the building.

UPDATE 4:40 p.m.: Town of Batavia back in service.

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Two longtime rivals, the teams representing "Genesee Hardware" and "Pino Vincenzo" returned to annual "Snow Ball" battle Saturday in Williams Park.

The two teams started a tradition of playing a winter softball game as youths, and didn't play a match for about 20 years before returning to the park last year.

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Bullet holes from a single shot were found in the engine compartment today of a car that was parked at Walmart the night of Jan. 22.

State Police investigators have been looking into the incident ever since the report was filed on it that evening.

Today, Investigator Andre Dunlap received a call after a local mechanic spotted a hole in the transmission of a car.

That was an unexpected twist in the case that so far has not led to an arrest.

Multiple law enforcement sources have said there may gang affiliations involved with the shooter and possible target and the shooting may be related to a prior incident months ago in the City of Batavia.

Dunlap said the owner of the car noticed the vehicle was not running right and that when the weather turned cold, the car wouldn't heat up.

The driver took the vehicle to a mechanic who had worked on the car previously and he put antifreeze in the radiator. The radiator immediately began to leak, so he replaced it.

When the owner got the car back, after a few days, it still didn't seem to run right and then it stopped working altogether.

This morning, the mechanic put the car on a lift and that's when he noticed the bullet hole in the transmission. Fortunately, he still had the old radiator and upon closer inspection, he found a bullet hole in the radiator, too.

There was also a hole in the compressor for the air conditioner.

But a thorough search of the engine compartment failed to turn up the actual bullet, and Dunlap suspects it fell to the ground at Walmart after hitting the transmission.

The investigation into the shot fired at Walmart is ongoing and no further information is available at this time.

When I drove over to Williams Park this afternoon, I expected to find a group of grown men playing softball in 19-degree weather. I didn't expect find a football game.

Dozens of Batavia residents were in the park today for a six-team tournament sponsored by Ri-Dan's Brewery on West Main Street Road, Batavia. One of the players told me putting the tournament together was kind of a last minute thing and he thinks there will be more winter football in the park.

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UPDATE: Tony Ray sent the following info: "The team who won the flag football tournament: Team Game Over won the finals 28-14 going 4-0 on the day. Players are Tony Ray, Andre Kinder, Derek Kinder, Dale Buck, Travis Schultz, Ryan Gugel, Aaron Gugel, Jared Hyatt, Ramon Andino, Casey Busenbark, Chaz Weese."

Photo submitted by Tony Ray:

Raymond L. Leach Jr., who in August entered a guilty plea to criminal contempt is facing a new 16-account indictment for his alleged treatment of a local woman and his alleged sexual assault on an inmate at the Genesee County Jail.

Leach, 55, who was the subject of arrest reports in 2012 that listed his home address as both 29 Montclaire Ave., Batavia, and Munson Street in Le Roy, is accused of committing crimes in August (just five days after his conviction in county court) and November, 2012.

The Grand Jury of Genesee County indicted him on five counts of criminal contempt, 1st, a Class E felony, four counts of aggravated criminal contempt, a Class D felony, two counts of harassment, 2nd, a violation, and two counts of aggravated sexual abuse, 1st, a Class B felony.

On Aug. 14, Leach allegedly called a woman and told her, "I will kill you if I find out otherwise." An order of protection had reportedly been issued prior to the call.

The alleged incident accounts for the first four charges in the indictment.

On Aug. 15, Leach allegedly had contact with the same woman, in violation of the order of protection.

On that same day, Leach allegedly either struck, shoved and kicked the woman, or threatened to physically attack her.

The alleged incidents of Aug. 15 account for seven counts of the indictment.

On Nov. 21, Leach allegedly forced a toothbrush up the anus of another inmate, causing physical injury to the person. The inmate was allegedly asleep at the time.

The alleged incident in the jail accounts for five charges on the indictment.

Our first arrest report on Leach was in 2008, when Leach was accused of making a threatening phone call.

Press release:

Please be advised that Batavia City Council will hold a budget work session on Monday, Feb. 4. It will begin at 6 p.m. in the Council Board Room on the second floor of the Batavia City Centre.

Steven Edward Rheinheimer, 18, of Beachwood Place, Cheektowaga, is charged with burglary, 3rd, and petit larceny. Rheinheimer is accused of entering a building in Darien and stealing property some time during the month of December. Rheinheimer allegedly returned to that location at a later date in December and stole property from outside of that building. He was arraigned and released under supervision of Genesee Justice.

Elijah J. Dawson, 18, of 20 North Spruce St., Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Dawson is accused of punching and knocking down another person while in the presence of a child. Dawson was jailed on $1,000 bail.

Troy D. Hubler, 42, of 7634 Byron Holley Road, Byron, is charged with criminal contempt, 2nd, failure to appear and unlicensed operation, 2nd. Hubler turned himself in on two warrants. He allegedly violated an order of protection and failed to appear on the unlicensed operation count. Hubler was jailed on $2,500 bail.

Alex S. Dumbleton, 19, of 121 Liberty St., Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Dumbleton is accused of punching a person under age 17 several times.

Derek F. McQueen, 25, of Akron, is charged with acting in a manner injurious to a child. McQueen was arrested by State Police in relation to an alleged incident reported at 1:04 p.m., Jan. 12. No further details were released. McQueen was jailed on $5,000 bail.

Bernard L. Evans, 42, Pavilion, is charged with criminal contempt and harassment, 2nd. Evans was arrested by State Police in connection with an alleged incident reported at 1:17 p.m., Sunday. No further details released. Evans was jailed on $2,500 bail.

A Fairmont Avenue resident will serve a three-month intermittment jail sentence as a result of welfare fraud in 2011.

Lee Heckman, 35, of 5 Fairmont Ave., Batavia, was sentenced today in Town of Batavia Court by Judge Michael Cleveland.

He admitted in March to obtaining under false pretenses $2,176.13 in temporary assistance and food stamps through DSS from March 2011 through July 2011.

Hackman was working as a self-employed scrap recycler while drawing benefits and didn't disclose the income.

According to DSS officials, Hackman has already paid his restitution.

Bath salts may have played a role in the criminal conduct of a former Batavia resident who admitted in October to possessing forged checks and who was sentenced in Genesee County Court today.

Richard Lee Matson, 30, will serve a four-month intermittent jail sentence and five years on probation as a result of his guilty plea.

Matson could have been sentenced up to seven years in prison.

As part of his guilty plea, Matson stipulated to $4,500 in restitution for his victims, but Public Defender Gary Horton objected to the restitution today because there was much less requested in actual claims filed through Genesee Justice.

Judge Robert C. Noonan said Matson will need to come back at a later date for a restitution hearing, giving the District Attorney's Office more time to collect restitution claims.

Horton, in arguing for the probation sentence, told Noonan that at the time Matson was involved with the forged checks, he was also using bath salts.

"We all are fairly familiar with the affect bath salts can have on someone's life," Horton said.

Horton added that Matson is a valued employee by his employer.

Russell P. Cessna, 25, of 18 Pleasant St., Le Roy, will spend somewhere near the next 15 years in state prison.

Cessna was sentenced in county court this morning for burglarizing more than a dozen homes in Genesee County.

As District Attorney Lawrence Friedman told Judge Robert C. Noonan, if Cessna received the maximum sentence under his plea agreement, he would spend less than a year in jail for each of his crimes.

Three of Cessna's victims told Noonan how Cessna's burglaries had changed their lives forever.

"I don't like that I don't trust people anymore," said one victim. "I don't like that I don't like seeing cars parked in front of my house because I don't know if somebody is looking at my house because they want to take something from me."

The victim suggested that when Cessna gets out of prison, he be required to do 2,080 hours of community service to reimburse the government for all the resources used to investigate, prosecute and incarcerate him.

Another victim said Cessna stole her wedding ring (custom designed by her husband, which she wasn't wearing during her pregnancy) and her graduation ring.

"He took away the two things that meant the most me and something that can't be replaced," she said.

Another victim also said he has become more distrustful and worried about people coming onto his property.

"You're going to have a lot of time in the next 1,800 to 5,400 days of your life," the victim said. "You'll be able to think about why you did what you did and why you didn't just get a job."

Noonan also received letters from friends and family who support Cessna, but there was also a letter Cessna wrote to a former girlfriend and obtained by the District Attorney's Office that Noonan characterized as "vile."

The letter was discussed extensively by Friedman and defense attorney Jerry Ader.

The letter was written shortly after Cessna's arrest at a time, Ader said, when Cessna was coming down from a severe heroin addiction. Cessna was unhappy with his former girlfriend for something she did that was unrelated to his criminal case.

Ader argued that the letter shouldn't be used as evidence of Cessna's character, yet he couldn't deny that it's a part of who his client is. But he's also a person with friends and family who support him, the attorney said.

"The letters do not paint my client in some rainbow," Ader said. "He is somebody who is troubled, who, while he may not admit it, has mental health issues, issues that run in his family and a drug problem that runs in his family. I'm not saying that excuses him. It explains him."

Local law enforcement caught up with Cessna July 31 as part of an undercover operation that located Cessna in the act of burglarizing a home on Summit Street, Batavia. He accepted a guilty plea to two counts of burglary, 2nd, on Jan. 16.

According to Friedman, Cessna cooperated with investigators from four different law enforcement agencies, admitting to a string of burglaries. Friedman said that cooperation did more to help Cessna himself than it helped law enforcement, because by admitting to the crimes, Cessna avoids possible separate prosecution later on new charges.

Cessna read a handwritten statement to Noonan.

"I wish I could take it all back, but it's too late now," Cessna said, adding later that he knows his actions were selfish. "I'm sorry. I hope they (his victims) can forgive me."

Noonan said Cessna's statement was "a reasonable response for somebody who has committed terrible acts against strangers."

But then there is that letter to Cessna's former girlfriend.

"The letter submitted that was written to a former girlfriend is one of the most vile things I've ever read as part ofa pre-sentence package," Noonan said. "Whether it represents who Mr. Cessna is or, as his attorney said, a part of Cessna, that this man would write such a very, very disturbing letter tells me a lot about the person I am about to sentence."

Cessna was also ordered to pay $32,107.15 in restitution.

Press release:

The staff of Batavia Downs Casino and Thurman Thomas have released the name and logo of their new bar and restaurant to be built inside Batavia Downs Casino. After receiving hundreds of entries via a naming contest, run through Twitter, the name chosen by staff and Mr. Thomas is “34 Rush."

The logo of the new sports bar includes Thurman’s signature and the phrase “34 Rush” with a slightly pitched block font and the words sports bar underneath. Fans who wish to follow “34 Rush” may do so at facebook.com/34rush as well as twitter.com/34rush.

“We give thanks to the many fans that submitted names over the course of last week," said Ryan Hasenauer, director of Marketing for Batavia Downs Casino. “The name of the bar correlates to Mr. Thomas’ position and his number. The bar name is not one of a typical sports bar. It’s unique, just like Thurman.”

Batavia Downs Casino is in the process of reaching out to the Twitter commenters that helped contribute to the naming of the bar. Those persons will enjoy a dinner with Mr. Thomas as well as prizes from the casino.  The facility’s $28 million dollar expansion begins on Feb. 4 and will conclude some time in the fall.

Two people were injured Tuesday when their cars hit at the intersection of West Main Street and Lewiston Road, Batavia.

One driver said the light was red when he was attempting to make his left-hand turn,and the other driver said the light was yellow as he proceeded westbound on Route 5.

No citations were issued following the accident, which was reported at 7:40 p.m.

The driver of the first car is identified as David Pfenninger Jr., 34, of Bennett Road, Alexander.

The driver of the second vehicle is identified as Jacob Mark Finkney, 19, of Gabbey Road, Corfu.

Two passengers in Pfenninger's vehicle were injured. Jessica L. Miles, 31, and Jordana A. Miles, 14, were both transported to UMMC.

The accident was investigated by Deputy Tim Wescott.

(Initial Report)

Press release:

United Memorial Medical Center will restrict visitor entrance points to the facility during evenings and weekends in an effort to better manage hospital security.

Beginning Feb. 4, the main entrance to the hospital will close at 7 p.m. on weekdays and be closed on weekends. The Summit Street Entrance will close at 9 p.m. each day. Visitors to United Memorial after 7 p.m., Monday through Friday, should use the Summit Street Entrance until 9 p.m. or the Emergency Room Entrance. All visitors on Saturday or Sunday should use the Emergency Room Entrance.

United Memorial recently completed renovations to allow visitor access to the main hospital from the Emergency Department. Signs will be placed in the hallways to assist locating your destination.

“For security and general safety, it is important to monitor building activity,” said Daniel Ireland, COO of United Memorial. “We want to protect the well-being of our patients and understand the importance visitors have in the healing process. Reducing access points to the facility during non-peak hours of operation, allows us to have a manageable span of control and maintains visitor hours for our patients.”

Visiting hours at United Memorial are from 9 a.m. to 9 pm; with the exception of Maternity which is from 1 to 8:30 p.m.

Notre Dame capitalized on a 14-2 run at the end of the first quarter to pull away from Kendall and earn head coach Mike Rapone his 600th career victory, 87-49.

After Kendall’s Dan Kelly connected on a three-pointer to tie the game at seven with two minutes remaining in the opening frame, the Fighting Irish came alive, scoring eight straight.

Jared Thornton scored the first six on the run, which was capped by an emphatic right-handed dunk by Tim McCulley to end the quarter.

Notre Dame never looked back.

Rapone became only the ninth coach in New York State history to achieve 600 wins, making Notre Dame Section V’s all-time leader in wins during the open-tournament era.

“For me, it’s a culmination of working with a lot of great young players and a lot of longevity,” Rapone said. “I hope that I impacted their lives in a little way as they matured into young men.”

Since becoming the head coach in 1980, Rapone has won 29 Genesee Region League Championships, eight Section V titles, five Far West Regional Championships and two State Championships.

Rapone became the all-time leader in Section V history in 2008, passing longtime Bishop Kearney coach Ed Nietopski with his 546th win, ironically against Kendall.

Despite the numerous accolades and number of wins, Rapone finds that working with his players on a day-to-day basis is just as rewarding as winning games.

“Winning is fun and it certainly makes coaching a lot easier, but just being out here every day with the guys is a good time and we work at it,” Rapone said.

One player who has had a chance to experience several milestones in the coach’s career is senior guard Vin Misiti, who has been a member of the Notre Dame basketball program since fourth grade when he became a team manager before becoming a player.

“It’s special. I’ve been watching him coach and watching Notre Dame teams for as long as I can remember,” Misiti said. “It’s just special to be a member of one of the many milestones for the school.”

Tommy Prospero poured in a game-high 28 points while adding eight rebounds and four steals for Notre Dame (14-0). Thornton also had a strong outing with 21 points, four rebounds, four assists, three steals and three blocks while McCulley chipped in 19 points, 13 rebounds and three blocks.

“We continue to improve every week, which is what we want to do,” Rapone said. “Next week will tell a lot about us as we play Wheatland-Chili and University Prep to see if we are ready to take the next step.”

Kelly had a team-high 17 points for Kendall (7-6), as their five-game winning streak came to an end.

Photos by Howard Owens

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A motor-vehicle accident is reported at West Main Street and Lewiston Road. Town of Batavia Fire Department is called to respond along with Mercy medics.

UPDATE 7:45 p.m.: There was air bag deployment on one vehicle. Two injuries are reported -- one person with a head injury and another with lower leg pain.

UPDATE 8:02 p.m.: An adult female who suffered "a whack on the top of the head" has arrived at UMMC along with a 14-year-old who has knee pain. The accident was a "low speed" incident.

A committee that was asked by the city council to come up with a plan for improving the quality of life in Batavia delivered a report Monday night asking the city to commit to $50,000 annually to support the effort.

"Vibrant Batavia" is the product of a recommendation by consultants from czb, LLC, which initially recommended something similar, but at a higher cost and over a longer period of time.

The Vibrant Batavia Committee plan is a three-year effort culminating in Batavia's centennial celebration in 2015.

The $150,000 would be combined with $86,000 the group would raise -- with the money going primarily to a marketing campaign and hiring a part-time coordinator -- for the project.

"We really want to develop a powerful brand story for Batavia that will really foster pride in the community," said Marty McDonald, a committee member, who joined Brian Kemp for the presentation to the council.

Everything hinges on the build up to the centennial celebration, said Councilman Kris Doeringer, who also served on the committee.

The celebration will help attract sponsors to contribute to the $86,000 goal; it will bring out volunteers who will get involved in block clubs and other neighborhood efforts; it will help develop a marketing message for Batavia.

"All of those things will happen with the goal in mind of the centennial celebration," Doeringer said. "Remember, all of this hinges on coming together because we're shooting for that one goal."

Kemp said a marketing effort is needed for Batavia because there isn't one now, and such an effort would be aimed both at residents to help them better appreciate what we have, and at outsiders to help convince them to relocate here or bring businesses here.

McDonald said it's time to respond to all of the negative voices that try to bring Batavia down.

"I just get so tired sometimes of hearing the voices of the people who say all the negative things," McDonald said. "I want to get up on the biggest platform and say, 'Hey, we live in a great place.' "

Council President Tim Buckley praised the effort and said it is important enough to keep it going.

"Obviously, this is budget time and like anything else, it's a tough time, but I don't want to see Vibrant Batavia go away," Buckley said. "I don't want to lose this. I don't know where we're going to come up with $50,000 for three years, but we're going to try."