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Resident seeks help recovering stolen bike

By Howard B. Owens

Mary DelPlato is hoping a reader can help her recover her stolen bicycle, if not provide information to the police that leads to the arrest and prosecution of the perpetrator.

DelPlato said the bike looks just like the one in the photo but older.

She said it was stolen off of her front porch on Holland Avenue sometime between 7 and 8:30 p.m. on Monday.

If you have information that can assist in the case, call Batavia PD at (585) 345-6350.

City leaf collection has ended, yard waste station remains open through Dec. 12

By Billie Owens

Press release:

City leaf collection has concluded for the year. We are extending the yard waste station operation through Wednesday, Dec. 12th, for any resident who still has leaves they would like to dispose of.

The hours of operation 11a.m. to 5 p.m. on Monday to Saturday, with the last day for the season being Dec. 12.

The entrance to the Yard Waste Station is signed and located at the curve on Law Street.

The yard waste station will reopen next season on April 15th.

Grand Jury: Man accused of stealing and defacing 13 firearms from The Firing Pin in Bergen

By Billie Owens

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

House fire reported on Lear Road, Batavia

By Billie Owens

A caller reports flames shooting from the roof of a house at 2913 Lear Road, Batavia. The location is between Wilkinson and Upton roads. East Pembroke Fire Department (It's in their fire district.) is responding along with Town of Batavia.

UPDATE 4:52 p.m.: An engine and an interior crew out of Corfu Fire Department is called to provide mutual aid, along with all available manpower from East Pembroke fire to the scene.

UPDATE 5:19 p.m.: This was a chimney fire; it did not involve the structure. It is out.

City School students showing improvements in test scores

By Howard B. Owens

Students in the Batavia City School system are showing slow, steady progress in proficiency on that state's standardized tests, Molly Corey, executive director of Curriculum and Instruction, told trustees Tuesday night during her report.

One way Corey tracks the district's progress is a comparison to scores in other small city school districts.

For the second year in a row, Batavia ranks #1 in eighth grade in the English Language Assessment, and first in seventh grade, compared to 14th a year ago. The district is second in third, fifth and sixth grades and fourth in grade four.

For math, the district is second in third grade, first in fourth, fourth in fifth, third in sixth, fifth in seventh, and in grade 12, eighth.

There are 15 other schools in the ranked comparison, though the names of the schools are blanked out in Corey's report.

Overall, Corey indicated she is happy with the improved performance of district students.

"I’m a believer having continual improvement," Corey said. "Though we want things to change dramatically, it’s that slow, steady climb that will get us there."

In ELA performance, the district is showing improvement in grades three through eight, with grade three going from 22 percent proficiency in 2012-13 to 46 percent this year. Grade four, has gone from 34 percent to 39 percent, grade five, 28 to 32 percent, grade six, 32  to 47 percent, grade seven, 26 to 35 percent, and grade eight, 35 to 45 percent. 

In math, there's an improvement at every grade level except eighth grade. For third grade, from 25 percent to 55 percent; grade four, 37 to 64 percent, grade five, 27 to 42 percent, grade six, 17 to 43 percent, grade seven, 24 to 35 percent.

In eighth grade, the students have gone from 10-percent proficiency to 8 percent, though the eighth-grade students achieved 18 percent in 2014-15 and 21 percent in 2015-16.

To help improve math performance, Corey is planning on taking a leadership team to a seminar at Stanford University where a nationally recognized math teacher will provide instruction on deep mathematical thinking. The goal she said is to make mathematical thinking a bigger part of the learning culture in the district.

"We have a solid team throughout the district that got us here and we want to be thinking about what we can do above and beyond to change that culture, to change that mindset, and it starts with the leadership team," Corey said. "We have our dream team here in Batavia and I'm excited to see what is going to happen in each and every building."

School board updated on Vision 2020 project

By Howard B. Owens

Marco Marascio, project manager for Campus Construction Management Group, provided the trustees of the Batavia City School District an update Tuesday on construction projects that are part of the Vision 2020 capital improvement plan, which voters approved in March.

In addition to demolition of Van Detta Stadium (top photo), the foundation is being dug for the new locker rooms, while across the street, the playground is being moved and replaced with a new parking lot. At John Kennedy School, the foundation has been laid for the classroom expansion.

The $26.7 million in districtwide projects are being completed without an increase in local property taxes.

Photos courtesy Marco Marascio.

Batavia High athletes achieving goals in sports and academics

By Howard B. Owens

This fall, not only were Batavia High School sports teams finding success in competition, the athletes were succeeding as well in the classroom, Athletic Director Michael Bromley told the school district board at their regular monthly meeting Tuesday.

Across 10 fall sports, the school had 75 students qualify as scholar-athletes, Bromley said, meaning they scored at least above 90 percent in academic standing. Many of the athletes, he said scored ranked over 95 percent.

"Only five kids this fall were on academic probation," Bromley said.

Bromley's presentation was an annual review of the athletic department.

Each fall, there are seven girls sports programs in grades seven through 12 with 17 total teams (including JV and modified), and there are three programs for the boys in the fall with eight total teams.

In the winter, there are four girls programs, 10 teams, and six boys programs, 15 teams; and in the spring, two girls programs and seven teams and five boys programs and 13 teams.

In all, there are 78 coaches in the district.

"It's always a challenge to find coaches who are available to do the work at the time of day that we do what we do," Bromley said.

For grades seven-12, 53 percent of the students participate in at least one sport during the school year. That's higher than the 39 percent rate in 1999 but lower than the highest level of the past 10 years, which was 57 percent.

For all this activity, athletics isn't even 2 percent of the district's total budget.

In some sports, such as hockey, the school combines with other schools to create a team. In the case of gymnastics, BHS wouldn't even be able to offer the sport if not for merged programs since there are only five girls participating.

The merged wrestling program -- with Attica -- has won consecutive Section V championships, which has helped the program retain athletes while attracting new participants. There are now 15 wrestlers at the school and the merged program is moving up to Division 1 where they expect to continue to be competitive.

One thing Bromley looked at doing was using the gym walls to bring more recognition to players who achieved All-State or All-Greater Rochester honors. But realized that could get expensive so he found a program that allowed him to put a touch-screen TV outside the gym. It contains a wealth of information about BHS athletics, including the latest schedules, pictures, and recognition for all of the school's standout athletes and Hall of Fame members.

It has the added bonus of being available online.

Bromley said that as far as he knows, this is the first such touch-screen TV for school athletics in the state.

BHS Drama Club presents 'It's a Wonderful Life' this weekend

By Howard B. Owens

BHS Drama Club presents a stage adaption of "It's a Wonderful Life" this weekend, featuring Cameron Bontrager as George Bailey, in the classic story of a man who stayed in his small town only to reach a point where felt his life hadn't made a difference, then learns what a difference he did make with the help of his guardian angel, Clarence.

Featured cast:

  • George Bailey - Cameron Bontrager (senior)
  • Mary Bailey - Eryn Dunn (senior)
  • Clarence - Riley Macdonough (sophomore)
  • Janie Bailey - Macayla Burke (junior)
  • Pete Bailey - Colin Dunn (freshman)
  • Tommy Bailey - Marla Schlaggel (freshman)
  • Zuzu Bailey - Kayla Stone (freshman)
  • Mr. Potter - Michael Bartz (freshman)
  • Potter's Secretary - Fay Pimlada Pattarachaidaecharuch (exchange student) 

The adaption was written by Doug Rand from the original screenplay by Francis Goodrich, Albert, Hackett, Frank Capra and Jo Swerling.

Performances are at 7:30 p.m. Friday and Saturday, and at 2 p.m. Sunday.

Tickets are $8 for adults, $6 for students and seniors.

Independent Living of the Genesee Region to move to new Batavia office in January

By Billie Owens

Press release:

Due to substantial expansion of their services and staff in the last few years, Independent Living of the Genesee Region (ILGR) is leaving their Batavia office at 113 Main St. for new quarters, also in Batavia.

As of Jan. 2, its 18 employees will begin providing their extensive array of programs from 5,800 square feet of new office space in the Crickler Executive Business Center at 319 W. Main St., the old Pepsi distribution center.

The other good news is that ILGR's phone number will not change! The agency can still be reached at (585) 815-8501, ext. 400.

ILGR needs the extra space for its many programs serving citizens with disabilities in Genesee, Orleans and Wyoming counties. Some of the services include: peer support; benefits advisement; job search; life skills instruction; information & referral services; and individual advocacy at appointments for public benefits.

Through the Taking Control Consumer-Directed Personal Assistance Services (CDPAS) individuals receiving Medicaid are able to hire an aide of their choosing and remain living in their own home.

In addition, ILGR has Medicaid Facilitated Enrollers and NYS-Marketplace-Certified Application Counselors to assist with applying for health insurance benefits. Specialists in the Ticket to Work Program will help Social Security Disability Insurance beneficiaries to obtain employment without automatically losing their benefits.

We also have a durable medical equipment loan closet with free items such as wheelchairs, walkers, shower benches and more. Please look for us in our new location in 2019.

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

Suspect sought in JCPenney shoplifting, woman injured at store

By Howard B. Owens

Police are looking for a suspected shoplifter in the area of State Street, Batavia.

The subject is suspected of stealing an item from JCPenney, running from the store, and knocking an elderly female over as he fled.

He is described as a black male with a black backpack and camo pants.

An ambulance is requested to the store for an elderly female with a hip injury.

UPDATE 1:39 p.m.: A suspect is apparently in custody.

Law and Order: Bank Street landlord accused of tossing out tenant's clothes and furniture, causing 'substantial inconvenience'

By Billie Owens

Douglas Goodwin Sr., 67, of Bank Street, Batavia, is charged with third-degree criminal tampering. Goodwin was located at his residence and arrested for allegedly throwing clothing and furniture that belonged to his Bank Street tenant outside at 11:20 a.m. on Oct. 28. This is said to have created a substantial inconvenience for his tenant to clean up and repair his property. Goodwin is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old male who lives on Walnut Street in Batavia is charged with: endangering the welfare of a child; second-degree harassment; two counts of fourth-degree criminal mischief; and first-degree coercion. The teen was arrested following an investigation into a domestic dispute that occurred at 8 p.m. on Nov. 30 on Lewis Place in Batavia. He was arraigned in Batavia City Court and jailed without bail and was due back in City Court on Dec. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny following an incident at JCPenney at 3:14 p.m. on Nov. 20. It is alleged that Fickel took two sets of cookware and exited the store without paying for the items. He is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Chad Richards.

Dalton C. Kelley, 21, of Chase Park, Batavia, is charged with second-degree harassment. Kelley was arrested at 3 p.m on Nov. 27 following an investigation into a report that he grabbed another individual and scratched them. He was released on an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Christopher Camp.

Leonard T. Masters, 49, of Split Rail Road, Painted Post, is charged with: DWI; aggravated DWI; failure to keep right; improper left turn; and failure to obey traffic control device. Masters was arrested at 12:52 a.m. on Nov. 23 on Ellicott Street in Batavia following a traffic stop. He was released on appearance tickets and is due in Batavia City Court on Dec. 12. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Lutey.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing, and following too closely. He was arrested at 4:04 p.m. on Nov. 1 following an investigation into a three-car accident that occurred at the intersection of East Main Street and Swan Street in Batavia. He was arraigned and released on his own recognizance. He was due in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Alyssa M. Harnish, 30, of Ellsworth Avenue, Batavia, is charged with petit larceny. She was arrested at 12:30 p.m. on Nov. 28 following a shoplifting complaint at Tops Friendly Market in Batavia. She was released on an appearance ticket and is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, was arrested on Nov. 28 on a bench warrant for alleged failure to appear in Batavia City Court. She was arraigned and put in jail and is due in back in court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Felicia DeGroot.

Aretha Jackson, 41, of Main Street, Oakfield, was arrested on Nov. 20 on an active bench warrant issued out of Batavia City Court. It is alleged that Jackson failed to appear for a court date scheduled on Sept. 5. She was arraigned in City Court and jailed in lieu of $250 cash or bond. She was due back in court on Nov. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Jessica L. Connolly, 40, of Bank Street, Batavia, was arrested on Nov. 28 on a bench warrant after allegedly failing to appear in Batavia City Cpourt for a traffic misdemeanor and other traffic violations. She was released on her own recognizance and was due back in court on Nov. 28. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Marc Lawrence.

Brandon D. Brewer, 29, of Maple Avenue, Medina, is charged with unlawful possession of marijuana. Brewer was arrested at 2:54 a.m. on Nov. 18 on East Main Street in Batavia while patrols were investigating an accident. He is due in Batavia City Court on Dec. 5 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

A year after completing parole, convict accused of dealing drugs

By Howard B. Owens
      Adam McGill

A Batavia resident who has served three prior prison terms was arraigned in County Court this morning on a sealed grand jury indictment for alleged drug dealing.

Adam McGill, 40, is charged with single counts of criminal possession of a controlled substance, 3rd, and criminal sale of a controlled substance, 3rd.

He is accused of selling narcotics on an occasion in February.

McGill first prison term came after a conviction in Genesee County on charges of attempted criminal possession of a forged instrument, 2nd, and attempted burglary, 3rd, in 2001.

In 2003, he was convicted of criminal possession of a forged instrument and sent to state prison again.

His last felony conviction was for criminal sale of a controlled substance, 3rd, in 2012 in Wyoming County. He served three and a half years at Groveland and was released from parole in February 2017.

In arguing for $10,000 bail for McGill, Public Defender Jerry Ader pointed to McGill's nearly two years of unsupervised freedom since then, but Assistant District Attorney Kevin Finnell countered that McGill has 19 total arrests, which includes 15 felony counts, and three failures to appear on prior court cases, including one that required an arrest on a warrant.

Judge Charles Zambito set bail at $25,000 cash or $50,000 bond.

NOTE: There's been no press release yet from the law enforcement agency that investigated this case. When there is one we will update this post with any new information.

Law and Order: Kelsey Road man faces two new felonies related to child porn case

By Billie Owens

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.

Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.

Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20th.

Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.

Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.

Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Photos: Christmas in the City 2018

By Howard B. Owens

The Batavia Improvement District hosted Christmas in the City last night, which included sleigh rides, a toy train ride, visits with Santa (and the Grinch) along with local Christmas shopping.

For pictures of the parade by Jim Burns, click here.

Gregory Hallock as Grinch and Nora Browne as Cindy Lou at GO ART! Hallock made his costume while Paige Sikorski, who is 13, put on his makeup.

Paul Grazioplene posed with Grinch, trying to convince his child that Grinch wasn't scary but the child didn't buy it.

There's a tiny little bundle in Santa's lap. It's 1-month-old Greyson Malcomb getting his first picture with Santa.

Batavia Police Sgt. Dan Coffey with Bo Coffey and Alyssa Coffey. Bo and Dan were in line waiting for a ride in the horse-drawn sleigh.

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