batavia

One of the Barker Brothers -- the two men charged over the summer with drug crimes and conspiracy to commit murder -- has been arrested again, this time for allegedly assaulting a fellow jail inmate.

Derick W. Barker, pictured left, of Jonesboro, Ga., was charged with strangulation, 2nd, and assault, 2nd.

At 11:54 a.m., Thursday, the 26-year-old Barker was reportedly playing cards with two other inmates of the Genesee County Jail when, for an unknown reason, he got up from the table in the common area, went behind an inmate sitting nearby and allegedly placed a choke hold on him.

The inmate lost consciousness for a short period and jail staff were able to intervene and lock Barker inside his cell.

The inmate was treated at the jail by medical personnel and remains in custody.

Barker was arraigned in Batavia City Court on the new charges and sent back to jail without bail.

On Jan. 19, Derick's brother Justin entered a guilty plea to burglary, 3rd, for a break-in at a restaurant in Darien and an "Alford Plea" on the conspiracy charge.  He is in jail awaiting sentencing.

Steven R. Cox, 29, of Franklin Street, Machias; Jessica A. Cox, 26, of North Union Street, Olean; and, Bonnie J. Bremiller, 33, of 4th Street, Olean, are charged with grand larceny, 4th, and conspiracy, 5th. The trio was arrested at 2:26 a.m., Thursday, following a routine property check by Deputy Kevin McCarthy of Deluxe Machine & Tool Co. at 8825 Route 98, Batavia, which revealed heavy equipment parts were missing. The suspects appeared to have left traveling south on Route 98, and with the assistance of Deputy Howard Carlson and Officer Brian Marceill of the Attica PD, a truck overloaded with metal was located on Route 98 in the Village of Attica. The suspects are accused of stealing $1,500 worth of used heavy equipment parts from Deluxe Machine & Tool. Steven Cox was jailed on $20,000 bail. Jessica Cox and Bremiller were given also jailed and bail was set at $10,000 each. Sgt. Brian Frieday and Deputy John Weis also assisted in the investigation.

Christopher J. Fiorentio, 21, of 622 Four Rod Road, Alden, is charged with petit larceny. Fiorentio is accused of shoplifting from Dollar General. Fiorentio allegedly fled from the store when confronted and was located by Batavia PD a short distance from the store.

Raymond Paul Boskat, 38, of Dorwood Park, Ransomville, is charged with criminal possession of a forged instrument, 2nd. Boskat is accused of presenting a legitimate NYS prescription form containing forged information to obtain Oxycodone from the Kmart pharmacy.

Joel Brent Zajaczkowski, 18, of Main Street, Alexander, is charged with criminal mischief, 4th. Zajaczkowski is accused of damaging flowers and a flower urn at Alexander Central School.

Brendan Curry found a brown and white beagle-pitbull mix in his yard this morning and is hoping the owner will come forward.

He said the dog showed up on his porch after he let his own dogs in.

He lives on Batavia Elba Townline Road between State and Bank.

Brendan can be reached at (585) 219-4861.

A convicted sex offender who was charged with new crimes a year ago was found guilty by a jury Wednesday of four counts of sexual abuse in the first degree.

The jury found that in two separate incidents, Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, used force to have sex with a child age under age 11.

Following jury selection Monday, the trial took place Tuesday. The jury deliberated for 90 minutes Wednesday before finding Dioguardi guilty on all four counts.

Statement from District Attorney Lawrence Friedman:

Needless to say, these terrible crimes involving the sexual abuse of children are usually committed outside the presence of any other witnesses and, more often than not, there isn't any medical, physical or scientific evidence. Therefore, it is reassuring to see that convictions can be obtained when a brave child, like the victim in this case, comes forward and credibly testifies before a jury and sees that justice can be achieved.

UPDATE: Dioguardi is facing up to 14 years in prison, though his sentence could be concurrent with the time he is currently serving. Sentencing is scheduled for 1:30 p.m., March 21.

We've heard for some time that while PepsiCo is paying for grading for a possible construction of a food processing plant in Batavia, the same work is "being done in three other locations."

One of those locations is in Avon, and as WHAM13's Sean Carroll discovered yesterday, no site work is taking place in Avon at all.

At the same time, however, the economic development directer in Livingston County says the site is much closer to being "shovel ready" than the Genesee Valley Agri-Business Park. His park, he said, doesn't need a USDA grant for sewer and water because it already has all the infrastructure in place.

"If they chose this site, and we made it very clear, literally they could plug in and all the utilities are in the ground and there's no infrastructure needed here or at the sewage treatment plant," Rountree explained

While Genesee County clearly has the lead in the race to land the project, Livingstone County isn't giving up.

The support of a U.S. Senator and the fact that dirt is actually being moved at the Batavia site appears to indicate Project Wave’s final destination may only be a formality at this point in the process. Yet Rountree and his team are staying optimistic after an aggressive pitch that included top representatives from Barilla.

Either way, regional dairy farmers will be pleased with either outcome.

"I think for the dairy industry in this area specifically it spells a good feeling about long-term stability," Coyne explained. "To have end-product manufacturing this close, it just adds to the confidence that we can invest in our own farms long-term and be able to be in business."

The other two supposedly competitive sites are in Pennsylvania. A contractor familiar with the project told me some time ago that those sites are graded and have infrastructure in place, but we currently have no way to confirm that assertion.

Press release:

Today, Senator Charles E. Schumer called on the U.S. Department of Agriculture to provide several hundred thousand dollars in federal funds for sewer and water infrastructure work to prepare a Genesee County site to host a massive food processing plant.

Build out of the new plant will occur in two phases and could bring hundreds of jobs to Genesee County over the next several years. The Genesee County Economic Development Center is currently preparing a site to host a 363,000-square-foot manufacturing facility, capable of hosting 300 to 400 jobs just three years after it is completed.

The GCEDC is currently finalizing a contract with a food producer for the site, and is seeking federal funding to cover part of the costs of infrastructure improvements to ensure that the site is compatible with the needs of the food company. Today, Schumer called on Secretary of Agriculture Tom Vilsack to provide $300,000 to $500,000 in USDA funds for several projects that will ensure the site is ready to serve as a major job creator in Western New York.

“This massive plant could be a game-changer for Genesee County and Western New York,” Schumer said. “We can’t let inadequate sewer systems and wastewater lines, stand in the way of jobs. The USDA should realize the massive potential this project has and provide the seed funding that will help grow jobs and economic prosperity in the county.

"The funds are there to spur development and USDA would be hard-pressed to find a better return on their investment than this new plant. Secretary Vilsack should do the right thing and help us make these infrastructure improvements as quickly as possible to ensure that we don’t miss out on a chance to bring hundreds of good-paying jobs to Upstate New York.”

To ensure the site is ready to host the manufacturing plant, GCEDC must complete $1.8 million in infrastructure upgrades to the site. These upgrades include the construction of a second access road into the park, the addition of a new turning lane and road re-striping at the site’s main entrance as well as up to $500,000 for wastewater and sewer pump station upgrades. The GCEDC is seeking $300,000 to $500,000 in USDA rural development funds to complete these upgrades.

With Schumer’s encouragement and support, GCEDC plans to apply for funding through the USDA Rural Business Enterprise Grant Program. The application is due to USDA in April and funding would be awarded in June. Schumer noted that in 2010, Genesee County applied for and won over $200,000 under this program to build out sewer infrastructure to land the Alpina Yogurt Plant, which will serve as another major job creator for the county.

Schumer is pushing the USDA to help Genesee County build on this success by providing funding that will help the county ensure that the site is prepared to host a major food manufacturer in the months ahead.

In his letter, Schumer wrote, “Simply stated, securing USDA funding to complete these new upgrades will bring this $247 million project and its associated 300 jobs to Batavia, NY. As such, and with my full support and encouragement, GCEDC is submitting an application for Rural Development funding by the April 2012 application deadline.

“Funding this upgrade will create an enormous return on investment. Already New York’s rural and agricultural regions are quickly becoming centers of tremendous job growth due to the rise in yogurt and other food processing. This new food processor will join the ranks of the 900-employee Chobani Greek Yogurt manufacturing facility in New Berlin, NY, the 240-employee Fage plant in Jamestown, NY, and the 50-employee Alpina yogurt facility in Batavia, NY.”

CLARIFICATION: Rachael J. Tabelski, with GCEDC, said the USDA grant is intended to fund sewer improvements. Needed upgrades at the site include a secondary roadway and aquifer water.

Previously:

• Likely buyer for 'Project Wave' plant is PepsiCo
• Expert: Batavia poised to become yogurt capital of Northeast

Tesla R. Greck, 20, of 134 Liberty St., Batavia, is charged with falsely reporting an incident, 3rd, and offering a false instrument, 2nd. Greck is accused of falsely reporting that her ex-boyfriend violated an order of protection.

Gregory Seppe, 53, of North Spruce Street, Batavia, is charged with criminal possession of stolen property, 5th. Seppe was arrested at 8:44 p.m., Tuesday, for allegedly possessing several prescription medications that were reported stolen by the owner of the prescriptions.

Jonathan Donnie Laverne, 47, of Council House Road, Alabama, is charged with assault, 3rd, unlawful imprisonment, 2nd, and criminal mischief, 4th. Laverne is accused of biting the face of another person during a domestic incident Jan. 17. Laverne allegedly took the mobile phone of the person and prevented the person from leaving or calling for help. Laverne was jailed on $5,000 bail.

Gregory Seppe, 53, of North Spruce Street, Batavia, is charged with five counts of criminal possession of a controlled substance, 7th. Seppe was arrested following a report at 10:22 p.m., Monday, of a man causing a disturbance at the Arrow Mart store on Clinton Street Road, Batavia.

Andrea Linda Kempisty, 23, of Lovers Lane Road, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to stop at stop sign, failure to yield right of way at stop sign and moving from lane unsafely. Kempisty was stopped at 2:17 a.m. Monday on Route 5, Batavia, by Deputy James Diehl.

A suspected crack dealer from Rochester was taken into custody Monday on Buell Street by members of the Local Drug Enforcement Task Force.

Nekia "Nick" Newton, 35, of Duran Street, Rochester, was allegedly found in possession of a quantity of crack cocaine.

He was charged with two counts of criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 3rd, and aggravated unlicensed operation, 3rd.

Following arraignment in Batavia City Court, Newton was jailed without bail.

Task force members located Newton's car on Buell and as they approached, he reportedly got out of the vehicle and started walking toward a residence.

Newton was reportedly wanted on a pending charge of selling crack cocaine.

Assisting in the arrest were the Batavia PD and Sheriff's deputies.

Batavia City Council members deserve a pay raise, veteran Council Member Rose Mary Christian said to kick off Batavia's budget session Monday night, according to WBTA.

Christian, who represents Ward Six, didn't say how much the raise should be and apparently there wasn't much support from the nine-member council, which includes six new members.

Currently, council members are paid $2,000 per year.

The council is reviewing a proposed budget that would raise property taxes 4.2 percent and also increase water rates and fees more than $13 a year for the average customer.

Top executives from Alpina Products were in Batavia on Monday touring the site of their future Greek yogurt plant in the Genesee Agri-Business Park, and they heard from Jim Billington, project manager, that construction is right on schedule.

A mild winter has certainly helped, Billington said.

"We've been pouring concrete every day, and according to some of the locals, that's quite unusual," Billington said. "We've been trying to take advantage of that."

CEO Julian Jaramillo (top photo, left) was all smiles during the tour and nodded enthusiastically when Managing Director Carlos Ramirez (top photo, right) said they consider it a good sign that Project Wave is under construction (The Batavian has previously reported Project Wave appears to be the work of PepsiCo).

"It says we made a good decision in coming here," Ramirez said.

He added that with the milk supply, the transportation, the labor pool and now the chance to be in a location with a complimentary business will only benefit Alpina and could lead other yogurt makers to come to the same conclusion.

"I think developing a yogurt cluster is a really good idea – the Silicon Valley of yogurt," Ramirez said.

With Jaramillo and Ramierz was Alpina' Colombia General Manager Ivan Lopez, who was seeing the location for the first time.

"It’s going to be great," Lopez said. "We have a huge operation in Colombia and when I see this, we can see the future in United States. I think we can do good things here, just like in Colombia."

The 40,000-square-foot plant should open in early spring and initially employ 50 people, with the first shipment of product going out in June.

Ramirez said Alpina remains excited about the opportunity to sell Greek yogurt in the United States.

"It’s one of the few categories where America is an emerging marketing," Ramirez said. "It's grown like crazy over the past three or four years and we think there is still room to grow."

For previous Alpina coverage, click here.

Press release:

Java Farm Supply is expanding its operations to the City of Batavia by subleasing the entire two-plus-acre property located at 45 Center St., formerly known as United Rental. Java Farm Supply will be hiring up to 15 sales and service employees for this new tractor dealer location. Renovations to the property will begin immediately in preparation for a late February opening.

“I have been working to secure this lease for a while,” said Tony Mancuso, of Mancuso Commercial Realty. “We are really happy to be filling another vacant downtown building and creating jobs. It’s a win-win for everybody.”

Java Farm Supply represents more than 20 different brands of new and used farm equipment from advanced agriculture machines and compact tractors to lawn and garden equipment.

“Opening the Batavia location is a leap of faith for us,” said John Bookmiller, owner/partner. “Our business has grown steadily but, it is still a big commitment for our family-run operation.”

Mancuso Commercial Realty coordinated the transaction with help from the Genesee County Economic Development Center and the Batavia Development Corporation. City Manager Jason Molino also helped the process by highlighting the favorable zoning and daily drive-by traffic counts at the corner of Ellicott and Center streets. The summer farmers’ market across the street from the site was also a factor in closing the deal.

"The GCEDC is excited to have assisted Java Equipment on securing a site for their expansion into Genesee County", said Chris Suozzi, VP Business Development for GCEDC.  "It's a perfect use of the former United Rentals building in the City of Batavia."

Java Farm Supply has been in business since 1951 in North Java, Wyoming County, and currently employs 25 people representing two locations. The first company expansion was the opening of a sales office in Yorkshire, Cattaraugus County. The City of Batavia will host Java Farm Supply’s third sales office as well as the company’s second equipment servicing location.

Both the Batavia Development Corporation and the GCEDC are likely to support the project through financing and/or tax exemptions.

Interested job seekers should visit www.javafarmsupply.com to download an employment application.

Whatever drama there was at the Town of Batavia Court today, it was all outside the Town Hall building, both before and after Jacquetta Simmons made her appearance there.

This was the first appearance for the 26-year-old Simmons following her initial arraignment Dec. 23 on two felony counts of assault, 2nd.

Simmons is accused of punching a 70-year-old Walmart employee in the face on Christmas Eve, knocking her several feet across the floor and causing facial fractures.

Television crews from Rochester and Buffalo were on hand for her appearance. After the crews milled about for nearly an hour waiting for her after her scheduled 2 p.m. appearance, several supporters of Simmons pulled up in a sedan and came out of their car and shouted, "Jesus saves!" -- with one member of the group reading aloud from a Bible while waiting for Simmons' arrival.

When Simmons did drive up, the supporters met her at her car, covered her with a jacket and formed a human shield to escort her into the Town Hall building.

Television cameramen tried to position themselves to get a shot of Simmons who had her face covered (listen to audio courtesy WBTA of the jostle).

In court, Simmons' case was called quickly after an attorney, Jerry Ader, from the Public Defender's Office, conferred with her.

Ader was filling in for Public Defender Gary Horton. Ader told Justice Michael Cleveland that Horton had not yet had conferred with Simmons. The case was continued until 2 p.m., Feb. 27, so Horton and Simmons can talk before she enters a plea.

Simmons left by a side door, and in the parking lot, a couple of Simmons' supporters decided to address the media. One gentlemen invited reporters to a new church he said is opening at 47 Swan St., Batavia.

He asked reporters repeatedly, "Are you saved?"

Then a young man came up demanding to know where the media was when his family was slandered. It was unclear what incident or situation he was talking about.

Previously:

• Walmart greeter, age 70, seriously injured after allegedly being punched by 26-year-old woman
• Witnesses describe combative situation after Walmart employee asked to see receipt
• Fight reported in Walmart

Gary A. Goodwin, 51, of Hamlin, is charged with DWI and driving with a BAC of .08. Goodwin was reportedly involved in a motor vehicle accident at 11:12 p.m., Jan. 21, on Cockram Road, Town of Byron. The accident was investigated by Deputy Brad Mazur.

Rene Peres Roblero, 46, of McGregor Road, Corfu, is charged with DWI, moving from lane unsafely, operation by an unlicensed driver, operating without insurance. Roblero was arrested following the report of a one-vehicle accident at 11:24 p.m., Jan. 17, on Richley Road, Darien. He was jailed on $1,000 bail.

Debra G. Fields, 43, of 18 South St., Le Roy, is charged with unlawful dealing with a child, 1st. Field is accused of hosting an underage drinking party at her residence.

Uriah Ian-Charles Smoke, 27, of Bloomingdale Road, Tonawanda Indian Reservation, is charged with reckless endangerment, 2nd, and criminal mischief, 4th. Smoke was arrested on a warrant and jailed on $2,000 bail or $4,000 bond.

Jerod P. Norcross is indicted on a charge of criminal mischief in the third degree, a Class E felony. Norcross is accused of smashing the windows of a 2003 Toyota Camry on July 21 in the Town of Alexander, causing more than $2,500 damage.

Name redacted upon request, is indicted on two counts of aggravated DWI, a Class E felony. xxxx is accused of driving drunk on July 24 on Route 33, Town Batavia, while a child under age 15 was in the vehicle, and of driving with a BAC of .08 or greater.

The following projects were approved for tax abatements by the Genesee County Economic Development Center Board:

Premier Credit of North America: Total capital investment, $150,000; Sales tax exemption on equipment purchases, $12,000; Anticipated new jobs, 50; Premier will be leasing 8,500 square feet and up to 13,500 square feet at 1 Mill St., Batavia (the former Pioneer Credit location). Premier will be hiring 50 full-time employees with a target start date of March 1; Premier originally sought locations in Hamburg, Springville, East Aurora, Orchard Park and West Seneca, but not Batavia; GCEDC won the bid with the sales tax exemption, according to the GCEDC-produced project summary.

Tri County Welding: Total capital investment, $111,000; Sales tax exemption, $4,440, Mortgage tax exemption, $938, PILOT, $24,945; Jobs retained, five, new jobs, two and a half; Tri County is expanding its facility to support an increase in business. The expansion includes a 35 x 85 foot addition during the first quarter of 2012.

Als Enterprises (Batavia Pediatrics): Total capital investment, $150,000; Sales tax exemption, $6,000; Retained jobs, eight, new jobs, two; Batavia Pediatrics is planning on renovating its office space of 6,700 square feet, including 1,000 square feet of space not currently being used. The sales tax exemption will apply to new equipment purchases.

The following project received a loan from GCEDC's revolving loan fund:

Batavia Enclosures, Inc: Batavia Enclosures is moving from the Batavia Industrial Center (Harvester Center) to 6 Treadeasy Ave., Batavia (the former Prime Materials Manufacturing location). GCEDC is providing a $50,000 loan from the revolving loan fund, payable over seven years at a fix rate of 80 percent of prime, with a floor of 3 percent. The loan will be used to assist with purchase of the building. Batavia Enclosures intends to create three new full-time positions (a punch press operator, programmer and press brake operator).

Scott C. Fauth, 24, who lives at 106 Evans St. in Batavia, was charged with driving while intoxicated, having a BAC of .08 percent or greater, and leaving the scene of a property damage accident following an incident at 1:54 a.m. this morning.

Fauth was arrested by Batavia police after a report of a car accident in which the defendant's car allegedly struck a house at 6 Watson St. in the city. This caused damage to the enclosed front porch. Fauth allegedly fled the scene by driving off.

Fauth and his damaged vehicle were located at his residence by Officer Darryle Streeter. Subesquently, the defendant was deemed to be intoxicated at the time of the accident.

He was also charged with driving at a speed not reasonable and prudent, failure to keep right, driving on a sidewalk, unsafe backing, and displaying a forged/fictitious inspection sticker.

Fauth was released on his own recognizance and is scheduled to appear in Batavia City Court at 9 a.m. on Feb. 1.

In addition to Streeter, the incident was investigated by Officer Eric Bolles.

A driver injured in an accident after he allegedly failed to stop for a deputy on Batavia Stafford Townline Road was jailed on $15,000 bail after he was released from the hospital Friday.

Keith Edward Povitch, 29, of Coward Road, Byron, was charged with felony DWI, criminal possession of a controlled substance 7th, refusal to take a breath test, failure to yeld right of way to emergency vehicle and failure to keep right. 

The incident started at 4:08 p.m. after Deputy Brad Mazur allegedly observed Povitch's car blow through a stop sign at Batavia Elba Townline Road.

Povitch allegedly failed to stop after Mazur turned on his emergency lights.

As Povitch allegedly attempted to flee, he lost control of his car on Batavia Stafford Townline Road.

Mercy EMS transported Povitch to UMMC with facial injuries.

Upon his release from medical care, Povitch was arraigned in Batavia Town Court and then jailed.

(Initial Report)

When I stopped in to Bourbon & Burger Co. this afternoon, co-owner Derek Geib said, "You want to try a clear whiskey? It's the smoothest whiskey you'll ever drink."

He poured me a shot and I took a sip -- it was good. On my first taste, I thought, there's nothing to it, it's water. But the finish retained that satisfying whiskey burn, followed by a lingering vanilla sweetness. A nice complex flavor that is smooth, but still with some bite.

The whiskey is called Kansas Clean, and it's distilled in Kansas and not sold much outside of America's middle state.

After Geib heard about Kansas Clean through a friend, he contacted the distiller's CEO and she helped find a distributor in New York who could get it bottled and shipped to Bourbon & Burger -- making Bourbon & Burger the first, and so far the only, bar in New York to serve Kansas Clean.

Pierce Malone, a 10-year-old Batavia boy, has suffered since birth from Neurofibromatosis (NF for short), a nerve disorder which causes tumors to grow anywhere and at any time throughout the inside and outside of his body. Pierce currently has multiple tumors throughout his body, including many on his brain and spinal cord.

A 7-inch tumor has recently been discovered in Pierce's throat. It has started to wrap around the two main arteries that supply the brain as well as his verterbrae, and is very close to his voice box. Doctors at Strong Memorial Hospital are extremely concerned about this, and Pierce is in desperate need of surgical treatment. However, the doctors at Strong are not equipped to handle the treatment, and there are no NF clinics in the area.

There is one doctor at an NF clinic in Boston who specializes in throat tumors. The doctor has been contacted, but unfortunately Pierce's insurance would not cover the cost of the treatment and the family is unable to afford the procedure without assistance.

To raise funds for Pierce's procedure, local entrepreneur Jason Lang has organized two benefits through his businesses. Throughout the month of January, patrons of the Batavia Cab Company will be asked to donate $1. At the end of the month, Jason will match all donations up to $2,500. Additionally, on January 29th, The Laughing Buddha tattoo and piercings shop will host an event called "Piercings for Pierce," the proceeds of which will go toward the treatment of Pierce's throat tumor. 

For more information regarding the benefits or to make a donation, contact Jason Lang at the Laughing Buddha at (585) 250-4175 or visit the "Passion for Pierce" page on Facebook.