batavia

         Plush Dozier

Plush Kevin Dozier, a 23-year-old Monroe County resident facing a possible lengthy prison term on arson and attempted murder charges, now has a chance to make bail after appearing in Genesee County Court today for the first time in 2020.

New state rules on bail for defendants who have not yet been convicted of a crime took effect Jan. 1, requiring judges to release detainees without bail unless they're accused of a qualifying offense. In those cases, the judge must set the least restrictive amount of bail or bond possible. 

What is "least restrictive" is for the judge to decide.

Dozier is charged with qualifying offenses but is now entitled to some opportunity to make bail.

In this case, Judge Charles Zambito set bail at $100,000 cash, $100,000 bond, or $200,000 partially secured bond.

Previously, Dozier was held without bail, and since his arrest in June, Dozier's confinement has been eventful. He reportedly became more than the Genesee County Jail could handle, so he was transferred to Attica, where he was reportedly held in solitary confinement.

During his confinement, Dozier allegedly damaged jail property and a patrol vehicle, following an outburst in court, and is facing new criminal charges stemming from those alleged incidents.

Dozier is accused of setting a fire at a residence on Maple Street, Batavia, on June 15, and attempting to kill one of the residents there.

The bail review for Dozier followed a hearing where defense attorney Thomas Burns challenged the sufficiency of the grand jury hearing that led to Dozier's indictment on attempted murder and arson. The hearing in July 2018 was during a period of time when a court stenographer was improperly making audio recordings of grand jury proceedings.

The stenographer was using a device on her machine that allowed an audio recording to activate while she typed on her stenography machine. Even though she has 33 years of experience as a court reporter, the technology she was using was fairly new and the issue had never been raised with her before.

The fact that she was recording the proceedings was discovered by happenstance when Assistant District Attorney Shirley Gorman inquired about a transcript on a particular case and the stenographer mentioned she had an audio recording she could check. Gorman immediately informed District Attorney Lawrence Friedman.

The discovery led Friedman to notify the attorneys for a number of defendants. Some of the attorneys have challenged the grand jury proceedings. In all cases so far, Zambito has denied motions to vacate the grand jury proceedings.

Burns had a novel argument today, however. He elicited testimony from the stenographer, Susan Ryckman, that there is a small mic, about the size of a dime, attached with a wire to her machine. That mic would then be potentially visible to witnesses and grand jurors, which might cause them to wonder if the proceedings were being recorded. There is also apparently a mic on her laptop that may actually be the one activated when she is taking stenography.

Grand jury proceedings are supposed to be secret and the identities of witnesses protected.

After questioning whether, under the circumstances, the transcript from the Dozier proceeding could be relied on as accurate, Burns argued that witnesses might not testify as truthfully if they thought their statements were being audio recorded, or that grand jurors may ask different questions, or not ask questions, because their voices might be recorded.

There is no way of knowing, Burns said, if witnesses and jurors noticed the potential for recording and, if they did, if that altered their behavior in any way. 

"The very presence of an electronic recording device could have a negative effect and a detrimental effect on the grand jury process," Burns said.

Burns acknowledges he was being speculative but he said Friedman would also be speculating to argue otherwise.

Friedman said there was no speculation on his part.

"Our position is based on the facts," Friedman said. "The court reporter has 33 years experience and even she doesn't know where the microphone is (on her laptop) and she indicated there is no light on the mic when it's on. There is no evidence to support that speculation. Otherwise, we rely on the court's numerous other rulings."

Zambito said he will make his ruling at a later date.

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       Heidi Schollard

A Batavia woman who stole more than $350,000 from elderly people was making progress until recently on paying restitution, according to District Attorney Lawrence Friedman.

Heidi L. Schollard, 47, of 161 Bank St., was ordered in 2012 to make restitution payments of $500 a month.

Friedman said records indicate Schollard made more than 100 payments, reducing the amount she owes to her victims from $350,729.40 to $335,290.11.

Then the payments stopped.

So she was ordered to appear in court today.

She didn't show up.

A warrant was issued for her arrest.

In 2017, Schollard was having trouble making restitution payments and asked to have the restitution order amended. Judge Charles Zambito kept her restitution at $500 a month.

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by then-County Court Judge Robert C. Noonan.

    Quinten Edmonds

In Genesee County Court yesterday, Quinten Edmonds, of Rochester, admitted to killing Michael R. Paladino outside of Paladino's Ross Street residence on June 1 after Paladino tried to come to the aid of a woman he apparently believed Edmonds was assaulting.

With the guilty plea, Edmonds avoids a trial next month and gets a sentence cap of 20-to-life in state prison. The possible maximum sentence for the Class A1 felony is 25-to-life.

According to District Attorney Lawrence Friedman, Edmonds made no other statements in a court other than admitting to his crime as Judge Charles Zambito read the facts contained in the grand jury indictment before pleading "guilty."

Edmonds will be sentenced at 9 a.m., Feb. 19.

The insouciant lounger sprawled out in the picture above, unabashedly taking up a lot of space in a primary pathway of her household, is "Chloe" the cat, which is Greek for "small (young) green shoot of a plant."

Although there are nicknames for Chloe -- Chlo, Coco, Clo-Clo, Clo, Clover -- she just goes by small (young) green shoot of a plant ... Chloe.

For reasons known only to her, she opted to leave her cozy abode at the Woodstock Gardens apartments on North Spruce Street in the city on Saturday (Jan. 18).

Actually the publicly posted flier says Chloe "ran out." Hmmm.

She is described as a tiger cat with brown fur and black stripes, a "very friendly" "house cat," which some Brits call a moggy (or moggie).

The owner -- whose name is Dorothy and who is the bowling partner of the mother of the emailer about the missing pet, Chase Winkstern -- is reportedly "distraught over the situation."

Truth be told, this could affect Dorothy's bowling abilities, which in turn could affect the pin-slaying skills of Winkstern's mother, Dorothy's bowling partner.

Sadly, things could go downhill from there.

Merriam-Webster's Dictionary, a valued resource for wordsmiths since 1828, tells us the adjective "distraught" means to be "agitated with doubt or mental conflict or pain."

But a closer reading of the entry alarms with the sheer range profered. Oh, yea, it starts off with the mere "agitated" but then kicks into "delirious" then "frenzied" and finally, "hysterical."

The reference work's second definition of "distraught" jumps right to "deranged" and "crazed," and then, as if to drive home the point, simply quotes Shakespeare: "...as if thou wert distraught and mad with terror." (A line from Act 3, Scene 5 of "Richard III" wherein Richard is speaking to Buckingham while both are garbed, appropriately, in rusty hideous-looking armor.)

A positive outcome -- Chloe's safe return -- would, of course, squelch the portent for dreadful escalation.

Any helpful information can be phoned in to Dorothy at (585) 734-4061 or emailed to Chase Winkstern at:   chasewinkstern@gmail.com

A trio of shoplifting suspects at Kohl's Department Store allegedly refused to stop for store security.

They left the store; two females were walking on foot near ESL Federal Credit Union, headed toward Home Depot. A male who was with them reportedly left in a Nissan with Georgia license plates.

Both female suspects were said to be wearing black jackets and pants. No description of merchandise allegedly taken from Kohl's.

Sheriff's deputies have the male detained by Five Guys hamburger shop.

Jeanette Lynn Higgins, 43, of Ganson Avenue, Batavia, is charged with endangering the welfare of  a child. She was arrested at 8:20 p.m. on Jan. 3 on Evans Street in Batavia after she allegedly encouraged a juvenile to engage in a physical altercation. Higgins was issued an appearance ticket and is due in Batavia City Court for arraignment on Jan. 21. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Cristal G. Nesbitt, 39, of Vine Street, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI -- common law; and failure to keep right. Nesbitt was arrested at 12:41 p.m. Nov. 27 on Chase Park in Batavia after being involved in a motor-vehicle accident. She was processed and is due for arraignment in Batavia City Court on Jan. 29. The was was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Connor Borchert.

In Thursday's Scholastic Bowl matches, Batavia and Attica picked up victories.

Batavia scored 230, while Oakfield-Alabama scored 120 and Elba 50.

In the second match, Attica beat Notre Dame 330 to 220.

Submitted photo and information from Genesee Valley Educational Partnership:

Decision Day was held Friday at the Western New York Tech Academy. It is similar to a college signing day.

A total of 10 WNY Tech Academy students were honored for officially declaring the pathways they will pursue as they complete their free applied associate degrees through Genesee Community College.

The students could choose to study Accounting, Food Processing Technology, or Supply Chain Management.

Staff, administrators, business partners and parents attended Decision Day.

The high school juniors who participated are named below, along with their high school and declared paths of study. They are in the top photo.

• Brett Bogardus, of Perry -- Accounting
• Dante Brent, of Attica -- Accounting
• Cameron Durfee, of Attica -- Supply Chain Management
• Nathan Geise, of Warsaw -- Accounting
• Holly Grisewood, of Perry -- Accounting
• Devon Heick, of Byron-Bergen -- Food Processing Technology
• Trevor Pahl, of Pavilion -- Food Processing Technology
• Veronica Shepherd, of Le Roy -- Accounting
• Carl Stachura, Batavia -- Accounting

(Everett Claud, of Perry, is not pictured. He will study Supply Chain Management.)

In addition, the Tech Academy also recognized 12 seniors in Friday's program:

• Collin Aquina, of Oakfield-Alabama -- Supply Chain Management);
• Gabriel Bucknam, of Perry -- Food Processing Technology;
• Stephanie Dibble, of Batavia -- Supply Chain Management;
• Zachary Evert, of Attica -- Supply Chain Management;
• Abigail Hackett, of Pavilion -- Supply Chain Management);
• Evan Harter, of Byron-Bergen -- Accounting;
• Peyton Heesch, of Caledonia-Mumford -- Supply Chain Management;
• Dylan Kipfer, of Attica -- Supply Chain Management;
• Cole Lowery, of Pavilion -- Food Processing Technology;
• Peyton Penders, of Pavilion -- Food Processing Technology;
• Alexis Jade Reed, of Batavia -- Food Processing Technology;
• Jace Hilton Vilinsky, of Avon -- Supply Chain Management.

For more information about the WNY Tech Academy visit wnytechacademy.org

About Western New York Tech Academy

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

Press release:

Over the course of the next six weeks, Tops Friendly Markets welcomes the community to try a variety of Tops Full Circle products during its weekend sampling events. Try something new, and share something good with your family today!  

Tops Friendly Markets is pleased to be able to offer its customers a wide assortment of healthy options integrated into every aisle. We believe that organic and best-of-nature products are an important part of a healthy and well-rounded lifestyle. With Tops own Full Circle brand, you can love what’s in it for you!

We bring you food that tastes good and home care items that are eco-friendly and work well. Full Circle products deliver our brand promise in every department with 300+ sku’s across grocery, dairy, frozen and home care, this brand offers shoppers USDA certified organic, non-GMO, gluten free, and hormone/antibiotic free products every day at an affordable price.

Additionally Tops offers more than 3,800 certified organic products that are, integrated with conventional products and merchandised in stores by meal category, which makes it easier to shop and plan.

The weekend sampling events will take place every Saturday and Sunday beginning tomorrow, Jan. 18, at selected located and ending on Sunday, Feb. 23.

In Genesee County, only the Batavia Tops will conduct samplings. It is located at 390 W. Main St.

Pre-need funeral accounts in New York State are considered assets of the individual, not the funeral home. Each year, those that have prepaid their funerals with a funeral home receive a tax document for the interest earned in the previous year.

If you have an account with any of our funeral homes, and did not receive your statement, please call us. We'd be happy to assist you. Batavia Funeral Homes

         Malik Ayala

After a closed-door meeting with Public Defender Jerry Ader and District Attorney Larry Friedman, Judge Charles Zambito emerged from Chambers on Thursday announcing that 27-year-old Malik Ayala was accepted into a Judicial Diversion Program that could last seven months or more.

While in the seven-month program, he will also be under the supervision of the Probation Department. Since Ayala entered drug treatment programs in Niagara County and in Genesee County this past fall, he has kept out of trouble and has been clean of drugs and alcohol and has avoided sentencing.

Ayala has already accepted a plea deal and has pled guilty to a felony burglary charge.

He was picked up on Nov. 15, 2018, in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.

The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.

After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.

TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision in the incident. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.

Today, Malik Ayala told Judge Zambito that he was thankful to Horizon and the Court for allowing him to attend the treatment centers.

“I was a knucklehead," he said. "I was on drugs but now I am clean, living out of town and my mind is focused. I want to say I’m sorry to the community for my past.”

Judge Zambito warned Ayala that if he doesn’t toe the line he will go to prison.

“This is just the first step,” Zambito said. “I will be monitoring you in the diversion program and on probation, I can sentence you to seven years if you mess up.”

Malik Ayala was convicted on a burglary charge in 2010 after violating his probation. He served a state prison term after being sentenced to one to four years.

Friedman disagreed with the idea of the diversion program.

“Based on his history, he went to prison for burglary and graduated to residential burglary, I feel state prison is appropriate,” Friedman said.

Ader told the court that his client is eligible for the program and he has kept up with his treatments and there are no new crimes that have been committed.

“Mr. Ayala knows if he messes up he could face seven years in prison and I think that speaks volumes,” Ader said.

Temporary orders of protection were extended until Jan. 16, 2021.

Judge Zambito wished Ayala luck as he left the courtroom.

The sentencing was adjourned to Aug. 11 at 9 a.m., but the sentencing date could get pushed back again depending on what the diversion program advises at the end of seven months.

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A car vs. pedestrian accident is reported in the city at East Main Street and Harvester Avenue. The pedestrian is down in the roadway. City PD just arrived on scene. City fire and Mercy medics responding.

UPDATE 5:08 p.m.: The pedestrian is being evaluated by medics. Both pedestrian and the pickup truck that struck the pedestrian had a green light. The pedestrian was walking in the crosswalk -- unknown at this time if northbound or southbound -- when the truck, which was making a left turn from northbound Harvester onto East Main Street -- struck the person.

Tech is increasingly part of the learning environment in City School classrooms and at Tuesday's Board of Education meeting, two teachers -- Alexander Veltz, Social Studies (photo), and Andrew Kiebala, Math -- shared how they're using Chromebooks and Google classroom tools to aid in their instruction.

Their presentions came as part of the information technology review by Director of Technology Jeff McKinney.

Veltz shared how he can use Google tools to share assignments, worksheets, handouts, and ensure that not only are they available in the classroom, but students (and their guardians) have access to the material at home. The availability of the material is helping him meet the new demands for greater reading comprehension in state exams.

With the tools, students can answer questions and get immediate feedback on their responses. 

Another tool allows students to sort through documents, which is especially helpful for a project that requires them to write an essay based on pre-assigned material that they must study, find a common theme, and then organize in order to write the essay.

"There is a shift in New York State where it's less about retention and more about argumentation based on perspective and point of view," Veltz said. "Retention is a skill New York is moving away from."

Trustee Shawn Murphy, who teaches at Genesee Community College, asked if the use of the tools was taking away from classroom engagement. Veltz said not at all.

McKinney added, "We are not switching over to where kids just sit in front of a computer. That's not the intent at all."

Kiebala shared tools that students can use to study geometric properties. 

He also shared a program that allows students to work on quizzes that he guides from his own computer and see where they need help. He said the program allows students to ask questions and make observations that he can then share with the class. The process allows students who might normally be shy about raising their hands to contribute more readily to classroom learning.

"This is my favorite thing to do," Kiebala said. "It allows them to be independent and also allows me to have control, so it's the best of both worlds for a teacher."

Kiebala shared a study published by NPR that indicated most people in the work world don't spend a lot of time doing trigonometry or geometry but they do spend a lot of time working in Excel, so his statistics class is heavy into spreadsheets.

"I tell the class, 'this is what you're going to spend your time doing because this is what you're going to use,' " Kiebala said. "You don't have to do anything by hand anymore because you either have a calculator or a spreadsheet but you still need to know what the numbers mean."

202 Trumbull Pkwy -- Super well cared for City ranch located on North side on quiet street. This home sits on a large double lot with nice landscaping. Don’t let this one go unnoticed – this owner did everything right and took care of all the maintenance so you can just move in and make it your own! You name it, it was done. Roof, windows, furnace etc. ... Many nice features including: entry hall with laundry area off garage. With a place to kick off your shoes and storage-leading into large and cozy kitchen with dining area next to gas fireplace, so so homey! Look out slider door to peaceful backyard or curl up next to fireplace while you eat and entertain! Also has large front living room and three good sized bedrooms. Don’t forget two-car garage and very large and dry basement for all your extra storage or hobbies. Come see! Click here for more information on this listing.

9400 Putnam Road -- Location is key for this solid and comfortable country farmette-located on almost 23 PRIME country acres in the Town of Batavia with Alexander School District! This home offers so much for someone looking for room to spread out, large rooms, high ceilings, big bedrooms, TONS of storage, two living rooms gorgeous woodwork, hardwood floors and some of the County’s best farm land! This property goes all the way over to East Road with frontage there as well-you could parcel off and sell OR build your other dream home! So many possibilities—and all very well kept and lovingly cared for, definitely worth a look! Click here for more information on this listing.

David Chua, Stephen Pribek and Ashley Elmore -- Certificate of Appreciation

Sarah Gahagan has nominated David Chua, Stephen Pribek and Ashley Elmore for a board award. Each of these individuals invested a large chunk of time mentoring and modeling the word "commitment" to the B Squad boys. They did what not everyone does....they SHOWED UP. Each week, two days a week for 20 weeks these volunteers modeled follow through and were able to showcase what "doing what you love" looks like.

Each of these volunteers had something special to offer, a love of running and showed just how important it is to continue doing what you love, even into adulthood when you are busy and "life" takes over. Chua was a soft spoken guiding force of optimism and motivation, whereas Pribek could always add a science lesson into our running and truly teach us something new every single practice. His humor was a favorite with the boys. And Elmore is a ray of light. She is positive, fun, and encouraged the boys to always be their best under any circumstance. She is a true leader who shines from the inside out.

This program is only able to be successful because of the volunteers. We need to ensure safety while running and the more adults we have, the safer we are and the more boys we can accept within this program.

Volunteering is something not many do these days and it is valuable and appreciated and for this they all deserve to be recognized.

Carlos Colon -- Certificate of Appreciation

The English as a New Language faculty nominate Carlos Colon for a Board of Education award because of his dedication to our district and students. Anyone who knows Carlos would use words like friendly, easy going, helpful, and caring to describe him. Colon's official job title is maintenance staff, however he frequently uses his time to help others outside this requirement.

Most notably, Colon has helped countless times this year alone in translating needs, concerns, and important information between teachers or administration, and parents who speak only Spanish. He does this because he knows the parents and teachers struggle to understand each other using only a translation app, and he doesn't want something important to be misconstrued due to a technical error.

He has also been called upon when our Spanish-speaking students needed a familiar face and language to calm them down. He has talked kids down from metaphorical ledges more than once, and helped the students come to a more peaceful place so that teachers could have a conversation with students. One student even shadows him as he works, as an incentive for good behavior.

Other students also look up to Carlos, as a friend, mentor, and a person they can trust. Colon embodies the phrase “above and beyond,” all in the hopes of helping our students be successful and understood. For these reasons, we believe Colon is well deserving of recognition for his work by the Board of Education.

Nominated by the ENL Department Staff.

Jenna Mrzywka (pronounced Majifka), Trina Cox, Addison Marino, Chelsea Cummings, Courtney Turcer and Shawn Chrysler.

Jim Jacobs -- Certificate of Appreciation

Jacobs recently came back out of retirement to fill in as Interim Director of Facilities. He stepped back in and it was as if he had never left. His knowledge and experience was instrumental in our schools opening smoothly and safely this year as the Capital Project created many changes to the District. Working closely with him, I saw first hand his continued dedication to make our schools the best they can be for our students and staff. It was a pleasure working with him again. Thank you, Jim!

Anonymous nomination.

Information and photos submitted by the school district.

Press release:

The Batavia Police Department has been investigating several cases where credit card numbers have been used fraudulently at businesses in the City of Batavia.

The suspect will not have the physical credit card but will ask the clerk to type in the numbers manually. The transactions will be initially approved, allowing the suspect to obtain the items from the business, but will be declined approximately a month later.

Business insurance will typically not cover the transactions, which means the business is out of the money.

The best practice for businesses to help prevent this type of fraud is to ensure customers have the physical credit card with them and to ask for identification with every card transaction, making sure the names on both the ID and card match.

The cases are ongoing so further details cannot be released at this time.

Anyone with information in reference to the case may contact: Detective Sgt. Matthew Lutey at 585-345-6365; or the Batavia Police Department at 585-345-6350; the confidential tip line at 585-345-6370; or online here.