batavia

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, shut down nine days ago over an alleged failure to pay state taxes, will reopen at noon, Saturday.

Owner Carlos Hernandez received the keys back to his restaurant today and was busy late this afternoon, working with his staff, getting the restaurant ready to reopen.

He said he's very happy to get the issue resolved.

Through an interpreter, Hernandez said the tax issue was an oversight.

"It was a misunderstanding with the accountants."

Tax officials claimed he owned more than $32,000 in unpaid sales and corporate taxes.

Hernandez hired an attorney to help him straighten the matter out and reached an agreement with New York so he could start serving fajitas and burritos again.

Hernandez also made a point of noting all the positive comments about Margarita's on The Batavian. He appreciates the support.

William J. Butler, 40, of 3 Vine St., Batavia, is charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st. Butler was taken into custody by members of the Local Drug Enforcement Task Force as part of an investigation into trafficking in crack cocaine in Batavia. Members of the task force, the Genesee County Sheriff's Office and the Batavia Police Department executed a search warrant on Butler's residence. Butler was located in a vehicle on Route 33, Town of Batavia. As a result of the searches, Butler was allegedly found in possession of more than one-half ounce of crack cocaine. While being processed into Genesee County Jail, Butler was also allegedly found to have crack cocaine on his person. The total street value of the crack cocaine is estimated at $1,000. Additional charges may be pending. Butler was jailed with no bail.

Christopher Paul Rutherford, 26, of Cowan Road, Piffard, is charged with petit larceny. Rutherford is accused of giving away an oil change and tire rotation to a friend and fellow employee at 4133 Veterans Memorial Drive, Batavia.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with petit larceny. Lockhart is accused of shoplifting from Walmart.

Diane Mary Kotarski, 37, of Lewiston Road, Batavia, is charged with harassment, 2nd. At 3:35 a.m., Kotarski allegedly grabbed a male victim by the neck and slammed him into a car window. Kotarski was arraigned and released and an order of protection was filed barring her from contact with the alleged victim.

Steven Michael Hauser, 41, of Stanridge Court, Rochester, is charged with harassment, 2nd. Hauser is accused of punching another person while inside the concert venue at Darien Lake. The alleged incident occurred at 10:45 p.m., Aug. 20.

Gerilynn Georgette Joannis, 43, of Stanridge Court, Rochester, is charged with harassment, 2nd. Joannis is accused of punching another person while inside the concert venue at Darien Lake. The alleged incident occurred at 10:45 p.m., Aug. 20.

A car was stolen a short time ago from in front of a business on Liberty Street.

A customer went into the business and found when she came back out that her 2009 Chevy Malibu was gone.

The color of the car is gray.

Batavia Police are responding.

The following indictments were filed last week by the Genesee County Grand Jury.

Nicholas S. Dellarocco is indicted on charges of burglary, 3rd, criminal mischief, 4th, and petit larceny. Dellarocco is accused of entering a business at 3 West Ave., Le Roy, on May 3 with the intention to commit a crime. He allegedly damaged doors and a cash register in the building. He also allegedly stole cash from the business.

Alan J. Delano is indicted on charges of burglary, 2nd, petit larceny, and three counts of criminal possession of stolen property, 4th. Delano is accused of entering a residence at 61 Myrtle St., Le Roy, with the intent to commit a crime. He is accused of stealing a flat-screen TV and a vase along with $30 cash on March 13. He is accused of possessing a credit card, a debit card and a public benefits card belonging to another person.

Crystal L. Goodrich indicted on charges of felony DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Goodrich is accused of driving a 2003 GMC on a public road in Pavilion on May 3 while intoxicated.

For the three youths being hauled into family court on arson charges stemming from the Wiard Plow fire on May 8, justice -- such as it is -- will be swift.

Family court operates much faster than adult court, according to Assistant County Attorney Durin Rogers.

Rogers spoke on the condition that his comments not be construed as speaking specifically about the arson case, but in general about how family court operates and what a youth facing felony charges might expect. He is prohibited by law from talking about specific cases in family court, where all matters are kept confidential.

The outcome of a case such as this could range from conditional discharge, to two years probation, to placement in a limited-security facility for up to 18 months. 

That's as close as a youth charged with a felony might come to prison, unless the young offender committed one of a series of offenses eligible for juvenile offender status.

As a JO, a youth could be tried as an adult.

The charges in this case do not fall within that statutory definition, Rogers said.

Some cases, he said, are just seen as acts of juvenile delinquency.

Asked if the public will ever know the outcome of the case, Rogers said he couldn't comment.

Det. Todd Crossett told WBTA this morning that the arrest of the three 14-year-olds is the last the public will ever hear of the case.

As for the parents of youths in such cases, they face no charges tied directly to their children's actions, and are not technically financially liable for the damage caused by a minor to private property, Rogers said. 

In family court, there are hearings and respondents (called defendants in adult court) who receive legal respresentation. A convicted youth can be ordered to pay restitution, but not the parents, Rogers said.

That doesn't mean the property owner victimized by an act of vandalism can't sue the parents. But in order to sue them, the property owner would have to know who the youth was who committed the crime. Asked if there was a procedure for a property owner to find out the name of defendant in family court, Rogers said he couldn't comment on that.

Crossett told WBTA this morning that detectives don't believe the three youths meant to burn down a building.

"I don't think there was the thought when they went in there to say, 'Let's burn the whole thing down,'" Crossett said.

With the old wood and chemicals in the building, Crossett said the youths' fascination with fire became something too big too fast.

"I think the fire just got really out of hand really fast," Crossett said.

The foundations of the old factory buildings have been cleared of debris, as the pictures with this post show. Owner Tom Mancuso was not available to comment today on the future of the space.

As the chapter on the May 8 fire comes to a close, Mancuso's company is also pushing ahead with the Masse Gateway Project.

After a few years of being unemployed, Mary Holmes decided it was time to open her own store.

"I just finally got tired of working for other people," Holmes said.

The Batavia resident and Attica native owned a crafts store in Albany during her 25 years living there, but with her family's background in flea markets, it was natural that the store would carry a variety of used merchandise.

The primary focus, however, as the name of the store says, is books. The business name is Anything Goes Books and More. It is located in the Harvester Center right on Harvester Avenue.

Holmes has amazing, impressive array of items to sell, but as she expected, most of her customers to this point have been buying books.

She opened the store the first week of August.

And the outlet is a family affair. Some of the merchandise comes from her father's estate and her two bothers and sister help by going to garage sales and flea markets looking for more used items to sell in the store.

"I need the help," Holmes said. "I can't be out there picking stuff and be in here, too."

Right now, the store occupies three office-sized spaces in the Harvester Center. Holmes said it's her dream to see the store expand and carry even more items, or even when its doing well enough to move to Main Street.

She acknowledged that the Harvest Center is a little out of the way for some people, but with the recent addition of some other new businesses in the complex, it's helped her business a lot, she said.

Construction -- or rather, destruction -- has begun on the Masse Gateway Project.

The project is intended to turn the old factory buildings of Masse-Harris/Harvester into modern office and light industrial space. The first phase involves knocking down the buildings at the end of Masse Place to create an entryway into the facility.

The project is expected to cost $3.1 million and is being partially funded by a $1.5 million RestoreNY grant. Mancuso Development Group, the property owner, will cover the balance of expenses.

The project is expected to lead to productive use of all the old factory buildings in the complex, as can be seen in the artist rendering below. Included in the concept was a portion of the old Wiard Plow factory building, which was destroyed in an alleged arson fire in May. A representation of the destroyed structure can be seen in the lower right of the rendering.

Sandra L. Chilano, 50, of Dodgeson Road, Alexander, is charged with grand larceny, 4th. Chilano is accused of writing out cash refunds to herself while employed at Petco. The total amount of cash refunds allegedly exceeded $1,000. The 11 separate alleged incidents occurred between June and August.

Debra J. Overton, 47, of Hague Street, Rochester, is charged with DWAI (drugs), aggravated unlicensed operation of a vehicle and failure to keep right. Overton was stopped at 9 p.m., Monday, by Deputy Tim Wescott.

Dedra Ann Berg, 35, of Lasaille Avenue, Kenmore, is charged with criminal contempt, 2nd. Berg is accused of going to the house of her boyfriend's victim on Overlook Drive, Batavia, in violation of an order of protection out of the Village of Kenmore. Berg reportedly has similar charges pending in the Village of Kenmore Court.

John Robert Douglas, 30, of Lasaille Avenue, Kenmore, is charged with criminal contempt, 2nd. Douglas allegedly went to the house of a person on Overlook Drive, Batavia, whom he was ordered not to contact by the Town of Grand Island and Village of Kenmore courts.

UPDATE: On Monday, we reported the arrest of Brenda Lea Freida, 43, of Munger Road, Holley, on a DWI charge. Yesterday, the Democrat and Chronicle reported that Freida is a director of instruction in Holley Central Schools. The D&C reported that she is currently on a voluntary leave of absence. At the time of her arrest, Frieda had a pending case in Genesee County for a prior alleged DWI.

An inmate at the federal detention facility in Batavia, who was already in trouble for reportedly using illegal tactics in debt collection, has been accused by Attorney General Andrew Cuomo of operating a collection agency from inside the prison.

News report:

Lamont Cooper, 38, formerly of Lancaster, operated CMC Recovery Services, Inc., d/b/a Legal Action Recovery in Buffalo, from prison in violation of a May 2009 court order barring him from the collection industry, according to the felony complaint. He was barred after an earlier investigation determined his business regularly used threats and intimidation against consumers.

The complaint alleges that Cooper’s collectors routinely pose as law enforcement and threaten to arrest consumers unless they make arrangements to pay the company immediately. The complaint further alleges Cooper’s involvement in the scheme continued after he was taken into federal custody in October 2009 for being found in violation of the terms of his release from a 1997 drug conviction.

Three 14-year-old boys have been charged with setting the Wiard Plow factory fire, which destroyed a good portion of the historic structure May 8.

Because the boys are juveniles, their names are not being released by law enforcement. Two of the boys face two counts each of arson, 3rd, and the third member of the trio faces one count of arson, 3rd.

The first two boys are accused of starting an early afternoon fire in an abandoned office in the old factory. The 1:40 p.m. fire was quickly extinguished by the Batavia Fire Department after a passerby reported seeing smoke coming from the building before the fire had much chance to spread. 

All three were allegedly involved in starting a second fire in the evening -- reported at 7:40 p.m. --  which quickly engulfed a good portion the structure causing an estimated $288,000 damage.

Lead investigator Det. Kevin Czora along with other members of the Batavia Police Department, the fire department, New York State Fire and the Genesee County District Attorney's Office spent three months building the case against the suspects. Detectives conducted numerous interviews and gathered physical evidence.

The three juveniles, because of their ages, have been referred to Genesee County Family Court to answer the charges.

Besides the arson charges, all three were also charged with burglary, 3rd, criminal mischief, 2nd, and conspiracy, 4th.

For previous coverage, click here.

There were no injuries in an accident at Ellicott and Jackson streets a short time ago.

Officer Chris Camp said the accident investigation is preliminary and no information is yet available.

For most of yesterday and today, Bank Street was closed, and from the looks of it, the closures will continue. Sewer replacement has reached Bank and Washington. The road is blocked by a big ditch and heavy equipment. The project -- which will eventually include resurfacing -- is expected to go on into the fall.

"Save the clock tower! Save the clock tower!"

Some of our readers will remember that line from the 1985 movie, "Back to the Future." Well, Batavia's St. James Episcopal Church has its own version of that plea:

"Save the bell tower! Save the bell tower!"

The tower, pictured above, was built in 1908 and has been showing signs of wear in the last 10 years.

"Especially in the last couple of years, we've noticed deterioration," said Cathy Judkins, a member of St. James who is also on the committee for the tower's restoration.

St. James Vicar Steven Metcalfe said there has been a "real push" since 2008 toward preserving the tower, which is very important to the religious heritage of St. James Church -- not only because of its historical significance (St. James is one of the oldest religious communities in Batavia and makes use of the old, awe-inspiring cathedral architecture -- see the April 12 article on the stained-glass tour), but also because of what it means to St. James as a family in faith.

"We have a very vibrant, caring and faithful worship community," Metcalfe said. "We want our building to reflect that."

To that end, he also offered this defense of the importance of restoration: "It's like what they say about a house turning into a home: it becomes more than just a building when it's been lived in."

The church and the various fundraising committees dedicated to preserving and restoring the tower have worked hard over the last couple of years. They have hired architects and consulted stonemasons; they have organized fundraising events -- including concerts, a calendar sale during the Christmas season, and fish fries every Friday during Lent; they are starting a Captial Campaign next month, and have applied for four grants -- three from private organizations and one from New York State.

According to Judkins, they have divided the overall project into six phases in order to make it more "financially manageable."

"The first phase is the most expensive," she said. "We're trying to raise about $500,000. We hope to have at least a fail-safe project by fall, something that can hold us together until we've reached our goal."

The church will accept monetary donations from anyone who would like to help out. People can also assist their efforts by supporting and/or attending their fundraisers, which are well-publicized.

Upcoming fundraisers include the second annual "Pedal to Save the Church", which starts at the church -- at 405 E. Main St. in Batavia -- around 8 a.m. (check-in) on Sept. 11, and a theatrical performance of "Tuesdays with Morrie," starring Batavia Players' Norm Argulsky as Morrie, on Oct. 16-17. All are invited to attend.

Additionally, Metcalfe invited anyone interested in lending a hand to come to the congregation and "get to know us." 

Marcia Gann, another member of St. James and the preservation committee, said that this project has garnered "great community support." She gratefully cited the support of the churches involved in the stained-glass tour, Adam Miller's Toys & Bicycles, and Present Tense Books as examples.

For more information on the bell tower restoration project and related fundraisers, please call the church at 343-6802 or visit their website.

A mother whose under 15-year-old daughter admitted to her that she exchanged allegedly pornographic images with a 24-year-old Kansas man tracked the man down online and turned him over to Batavia Police.

The man is a registered sex offender. A Wichita Police investigation, after receiving the report from Batavia, indicates he may have victimized other youngsters around the nation.

Two Batavia girls were allegedly involved in exchanging pornographic images with Shane McClelland, of 1800 East 201st St., Wichita, Kansas.

McClelland was taken into custody by Wichita Police.

Based on the possibility of additional victims in other locations, the investigation is being turned over to federal law enforcement.

Conversations with the girls in Batavia reportedly began in January 2010 and continued into August 2010. Over time, the online conversations allegedly escalated into sexually explicit communications.

McClelland is being held in Wichita on additional charges and alleged parole violations.

At least a half dozen local nonprofits showed up for an open house this afternoon at the former Cristina's Restaurant and Lounge building on Ellicott Street.

Owner Chuck Brumsted says a total of 15 groups have contacted him about a possible donation of the fire-damaged property.

Brumsted, who's still in Florida, wanted to give nonprofit leaders a chance to see the site, taking stock of both its potential and the work that needs to be done to fix it up.

Genesee ARC, GCASA and GCC were among the groups represented today.

For Genesee ARC and GCASA, both organizations are looking at a potential business location to give clients a chance to get work and entrepreneurial experience. 

Maryann Arena from the GCC theater program said she was there to check out the possibility of a downtown theater location. It could give students a chance to learn about a variety of theater production techniques -- bringing more young people downtown in the process.

Pam La Grou, representing GCASA said the site might give her agency's clients a chance to learn how to start and run a business, perhaps a coffeehouse.

"We're just in the exploratory phase," she said.

For Genesee ARC, the location represents the chance to open a retail location for the products the agency's clients produce, from pet beds to baked goods.

"We're always looking for more space," said ARC's Donna Saskowski.

The property obviously needs a lot of work to become something any organization could occupy, and all of the non-profit representatives said that's certainly a consideration before deciding to make a formal application to get ownership.

Saskowski said that Genesee ARC also realizes there are a lot of resources in the community to help reduce costs, such as possibily using the property as an opportunity for construction students at BOCES to practice their trade.

"We certainly have to invest and that is the give-and-take," Saskowski said. "We have to look at the cost per square foot to remodel. It would be an investment. And could this be an investment that we could free up other facilities, or turn another facility over, perhaps that we’re leasing or something like that. It certainly takes a lot of study."

Brumsted said today that given the range of potential applicants for the property, "It's going to be a tough choice."

Bill Hume is living his dream.

What started with a Star Wars and KISS memorability collection when he was a child, has blossomed into his own retail store on Ellicott Street.

The 39-year-old entrepreneur started selling pop culture collectibles on Ebay in 1998, eventually had a 20x20 stall at Antique World in Clarence and now has 1,000-square-foot store at 440 Ellicott St.

"It's been progressively building and culminated in a store back in my home town," said Hume. "This was the ultimate dream, though I didn't know it would ever be feasible."

Hume benefited from a flexible landlord and the ability to buy all of his store fixtures cheaply.

The store, named Foxprowl, opened just over a week ago.

He said customers from Buffalo, who bought collectibles from him in Clarance, have already started showing up at his new location to browse his expanded inventory.

The story contains a wide variety of pop culture items, from figurines for Star Wars, KISS (of course), Star Trek, Spider Man, Superman and Austin Powers to toys and games tied to many of the most popular movies and TV shows of the past 30 years.

"I guess I was born at the right time," Hume said. "I just got sucked up into the whole pop culture thing in the late '70s"

He acknowledges that his kind of specialty retail store can find it hard to survive. But he's hoping with his ability to keep his expenses low, expansive resources for obtaining new inventory, and a loyal following from his previous years in business, he can make a go of it at his new location.