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Batavia man convicted of attempted murder sent to prison for 15 years

By Howard B. Owens
Jacob Sponaugle Devon Wright

Jacob Sponaugle, convicted at jury trial on Nov. 17 of attempted murder, assault in the first degree, and criminal possession of a weapon in the second degree, was sentenced to two 15-year sentences in state prison as well as a 2 1/3 to seven-year sentence.

All sentences, per state sentencing guidelines, will be served concurrently.

Sponaugle will be on parole for five years following his release.

Jenna Bauer, the newest member of the District Attorney's Office, who assisted retired DA Lawrence Friedman at Sponaugle's trial, argued for a maximum sentence before Judge Charles Zambito.

She argued that Sponaugle shot Jason Whitehead over nothing and that such assailants are "the most dangerous type of person." She said Sponaugle has shown no remorse and continues to proclaim his innocence despite that clear evidence that he shot Whitehead.

The trial -- Friedman's final criminal trial before his retirement -- was a rare two-defendant trial but Sponaugle's co-defendant, Devon Wright, entered a guilty plea to attempted possession of a weapon, along with charges from unrelated cases, near the start of the three-day trial.

Wright's attorney indicated Wright sought a deal that would allow him to be out of jail so he could be present at the birth of his first child.  Wright was released under supervision of Genesee Justice pending his sentencing. 

He's been missing and wanted by Batavia PD since Nov. 27.

Batavia man admits to rape and sexual abuse in County Court

By Howard B. Owens

A Batavia man with a prior sexual abuse conviction and facing 10 new felony counts involving rape and sexual abuse entered guilty plea felony counts that could lead up to eight years in prison and 15 years of parole.

Jon T. Magliocco, 44, who told Judge Charles Zambito that he had an 11th-grade education, entered guilty pleas to rape in the third degree, a Class E felony, a lesser included offense for criminal sexual act in the first degree, a Class B felony.  He also pled guilty to criminal sexual abuse in the third degree, a Class E felony.

Each count carries a possible sentence of two to four years and the terms could be served consecutively.

Magliocco admitted to having sex with a person without that person's legal consent and to engaging in either oral or anal intercourse without the victims' consent while at location on Mill Street, Batavia, in August 2021.

The possible sentence is the statutory limit available to Melissa Cianfrini, who will have assumed the County Court bench when Magliocco comes back for sentencing at 2:30 p.m. Jan. 20.

Zambito ordered Magliocco, who was already in jail, held without bail pending his sentencing.

Challenging six-month term comes to a close for interim superintendent at this week’s board meeting

By Joanne Beck

After enduring a pandemic, severe building damage due to strong winds, a student’s death, and complaints of unresolved bullying At Batavia City School District, Scott Bischoping’s second time around as interim superintendent is coming to a close.

The district’s Board of Education is expected to vote this week on a reorganizational move to change superintendents effective Jan. 3 of next year.
Bischoping took over the interim role during the summer after former administrator Anibal Soler Jr. announced he was leaving in July. 

The board had recently agreed to hire Jason Smith as the new superintendent, which would make this December board meeting the last one for Bischoping. It’s set to begin at 6 p.m. Thursday in the high school’s library, 260 State St.

Other votes include contracts with Batavia Teachers’ Association, Batavia Agri-Business Child Development Program/ABCD Migrant Head Start, Elba Central School, Batavia Clerical Association, and the city school district’s executive director of Curriculum and Instruction.

BTA’s contract is up in July 2022 and a renewal would extend the agreement until June 30, 2026. The district’s contract with Batavia Agri-Business is for one year, from Feb. 1, 2022, to Jan. 31, 2023, and an agreement with Molly Corey of the Curriculum and Instruction Department would go from July 1, 2022, through June 30, 2025.  Elba Central School’s agreement is for a 12:1:1 special needs program. 

The meeting includes time for the public to be heard before a slate of presentations and votes on consent items. 

Director Robert Conrad is to provide an update about Richmond Memorial Library; Kylie Tatarka, a student representative on the board, is to give the student ex-officio report; and Bischoping is to review an update as interim superintendent. 

Budget transfers, grant applications, appointments of new physical education, social studies and substitute teachers are also up for approval, as well as My Brother’s Keeper facilitator; six teacher aides; each of a high and middle school bus supervisor, and an agreement for professional services with Kimberly Gingrich MA/AC and the district for bilingual psycho-educational evaluations and additional social-emotional or adaptive assessments effective retroactive to Nov. 18, 2021.

The meeting will be live-streamed via YouTube.com

Batavia Downs donates $710 to veterans court program

By Press Release

Press release:

Batavia Downs Gaming Vice President Scott Kiedrowski, along with General Manager of Gaming, Sean Schiano, Group Sales Manager Mary Bucceri and Director / General Manager of Live Racing, Todd Haight, presented representatives from the Rochester Veterans Court Mentors (RVCM) with a check for $710 to help support their efforts of assisting Veterans with within the court system.

On December 5th a Kris Kringle Craft and Vendor show was held at Batavia Downs and a portion of proceeds from the booth reservation fees were collected in support of the RVCM.  The organizer of the show, Ted Hanes, always chooses a group to benefit from the events he puts on.  The RVCM usually has a fundraising event held during the racing meet inside the Clubhouse but did not this year due to COVID.

“We are appreciative to Ted Hanes and to Mary Bucceri from Batavia Downs for thinking of us, “said Ray Melens, Lead Mentor for the Monroe County Veterans.  “The funds are so important for us to continue our work as we look to assist Veterans who find themselves within the court system.  We strive to identify and treat the underlying issues facing many Veterans to help them get back on the right path.”

About Batavia Downs/WROTB
Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 11 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western Region OTB has generated over $232 million in operating and surcharge revenues to the taxpayers of participating municipalities.

About Veterans Treatment Court
The Veterans Treatment Court program is available to eligible Veterans with non-violent criminal charges who have either substance abuse or mental health diagnosis. The goal of VTC is to treat the underlying issues that are at the root of the criminal behavior. With intensive case management, the Veteran is given all the tools they need to return to being a productive member of society. This group of Veterans is further supported by the opportunity to attend a variety of peer groups on a voluntary basis while they are in treatment and after their discharge.

Photo by Howard Owens.  Pictured: General Manager of Gaming, Sean Schiano, Group Sales Manager Mary Bucceri, Ray Melens, Lead Mentor for the Monroe County Veterans, Vice President Scott Kiedrowski and Director / General Manager of Live Racing, Todd Haight

Photos: Operation Warm hands out 144 jackets to children in the community

By Howard B. Owens

For the first time since 2015, City of Batavia Firefighters Local 896 handed out warm jackets to children in the community as part of Operation Warm.

This year, the program was backed by a generous $2,000 donation from Batavia Downs, along with $300 from the union and another $600 in community donations. 

There were 144 jackets handed out yesterday at Robert Morris, including a pink one to Sophia Bell, 8, with her father, Jon Bell, looking on.

Batavia HS roof sustains heavy wind damage, auditorium temporarily closed

By Press Release

Press release:

On Saturday, December 11, 2021, Batavia High School’s roof sustained damage due to severe weather that passed through Genesee County. 

On Sunday, December 12, the building was inspected, and it was determined that there was no structural damage and it was safe for students and staff to return.  

During the inspection, it was determined that the roof of the Batavia High School auditorium sustained damage, including the dampers that bring in outside air to that part of the building. Per regulations from the State Education Department, to be able to use the auditorium, we must be able to draw in outside air.

On Monday, December 13, all Batavia City Schools were open, and a roofing company began work to weatherproof the BHS roof and determine long-term repair requirements.

Therefore, the BHS auditorium will remain closed until we have determined what resources will be needed to restore the auditorium to code in order to be used by students, staff, and the community.

The rest of Batavia High School is operational for students and staff.  

We apologize for any inconvenience this may cause, and we will provide additional information as soon as it becomes available. 

Photos: Reader-submitted photos.

Master Gardeners book drive

By Press Release

Press Release:

The Genesee County Master Gardeners are excited to announce that we will be collecting NEW, unwrapped BOOKS for the annual Toys for Tots campaign in conjunction with the Harvey C. Noon Legion. Collecting new books is a goal of the Toys for Tots Literacy Program. Books enhance a child’s ability to read and to communicate effectively. The books that are collected will go to children and youth ages preschool through high school. A gift of a new book delivers a message of hope and instills self-confidence to children in need. You can drop off books at the Genesee County Cooperative Extension office, Monday – Friday, 9 am to 4 pm. We will have a collection bin set up near the reception area. Book donations can be made at the CCE office through December 6.

GCC to host open house of new Technical Training/Solar Lab

By Press Release

Press Release:

Genesee Community College has officially opened enrollment into its newest offering- the Solar Electric Technician Certificate for the Spring 2022 semester. Requiring a total of just 15 credit hours, this program is designed to be completed in as little as one semester. In addition, students can continue study as a concentration within an Associate in Applied Science degree in Individualized Studies. 

On Friday, January 7, 2022 from 8:30 a.m. to 10:30 a.m. GCC will host an Open House of the new state-of-the-art Technical Training/Solar Lab in room E119 of the Stuart Steiner Theatre building. Attendees will have the opportunity to meet with instructors, tour the lab, and enjoy coffee and refreshments. The new lab will fully prepare Solar Electric Technician students to meet the huge demand for workers in the photovoltaic field.

"Genesee Community College is thrilled to enter a new era of diversifying our educational offerings to include applied technologies. The new technology training lab will serve the solar industry and other workforce development programs such as facilities maintenance and electric motor control technicians. These additional educational opportunities will meet the needs of our regional employers, improve access to training that leads directly to employment and ensure a sustainable workforce for our future." said Dr. Kate Schiefen, Executive Vice President for Academic Affairs. 

Upon graduation, GCC students are positioned to enter high-demand and lucrative solar-related employment opportunities, including residential and commercial solar panel installer, solar sales, solar electric maintenance and recreational vehicle solar package installer.

For more information or to RSVP, please email AcademicAffairs@genesee.edu

Further details on the Solar Electric Technician program can be found at https://www.genesee.edu/home/academics/programs/tech/solartech/

Interested individuals are encouraged to apply for FREE online at https://www.genesee.edu/offices/admissions/apply/or to call (585) 343-6800 or 1-866-CALL-GCC, or email admissions@genesee.edu.

A photograph of a solar electric technician, courtesy of GCC

City of Batavia yard waste station hours extended

By Press Release

Press release:

Due to the windstorm over this past weekend, operations of the Law Street Yard Waste Station have been extended from today, December 13th until this Saturday, December 18th.  Hours of operation will remain the same, 11:00 a.m. to  5:00 p.m. each day.

The following items cannot be accepted at the station:

Tree stumps, building materials, rock, fill (soil and stone) other debris.  Yard waste shall be free of trash (paper, plastic, bottles, cans…etc.), as this material cannot be processed. All containers (totes, boxes, bags…etc.) need to be taken back with the customer.

Use Law Street entrance to enter and exit the City Yard Waste Station only.

 

Law and Order: Woman from Fulton accused of trespassing to hunt ghosts in Genesee County

By Howard B. Owens

Hannah R. Roberts, 18, of Fulton, is charged with criminal mischief 4th criminal trespass 3rd, and conspiracy 6th.  Roberts is accused of breaking into GO ART! at 4 a.m., Aug. 28, and of conspiring with one other person to break a window and illegally enter the property in the middle of the night. The subjects were captured on security cameras and identified as the same two who broke a window and trespassed at Rolling Hills Asylum a short time after the Batavia incident.  Nothing was reportedly stolen.  Ghost hunting appears to be the motive.  The case was investigated by Det. Jason Ivison, Batavia PD, and Investigator Kevin Forsyth, Sheriff's Office.  The name of the alleged accomplice has not been released at the time of publication.  (VIDEO: Survellience video released by Batavia PD on Sept. 17)

UPDATE: Also charged in the same incident above, Talana J. Savery, 22, of Fulton.  Criminal mischief 4th, criminal trespass 3rd, and conspiracy 6th.

Thomas C. Rada, 21, of Batavia, is charged with driving while impaired by drugs.  Rada was stopped by State Police on Route 246 in Perry for allegedly exhibiting signs of impairment. Rada reportedly failed a field sobriety test.  He was arrested and transported to SP Warsaw and evaluated by a Drug Recognition Expert from the Wyoming County Sheriff's Office.  He was released on an appearance ticket.

Jorden Prescott, 27, of Batavia, is charged with harassment 2nd and obstruction of governmental administration 2nd.  Prescott is accused of grabbing a probation officer and preventing the officer from performing his lawful duties at 10 p.m., Nov. 24.  Prescott was issued an appearance ticket.

Nathan Maniace, 77, of Batavia, is charged with an open burn violation. Maniace is accused of having an open burn and burning unapproved materials in his backyard at 3:52 p.m., Nov. 19.  He was issued an appearance ticket.

Gerome J. Redmond, 40, of Batavia, is charged with petit larceny.  Redmond is accused of stealing items from a local business at 5:41 p.m., Dec. 8. He was issued an appearance ticket.

Lyndsay T. Young, 38, of Batavia, is charged with criminal contempt 2nd.  Young allegedly had contact with a person covered by an order of protection at 12:13 a.m., Nov. 7. She was issued an appearance ticket.

Leonard Conner, 62, of Rochester, is charged with harassment 2nd.  Conner is accused of punching another person in the face during an argument at 7:03 p.m., Dec. 4, and a location on Bank Street, Batavia.  He was issued an appearance ticket.

Jan Luca Krumm, 26, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, moved from lane unsafely, and no turn signal. Krumm was stopped at 1:48 a.m., Nov. 25, on Fisher Park, Batavia. Krumm was issued traffic tickets.

Peter L. Jackson, 55, of Batavia, is charged with menacing 2nd and harassment 2nd. Jackson allegedly pushed a woman and menaced her with a kitchen knife during an incident at 12:28 a.m., Nov. 29.  Jackson was arraigned in City Court and released on his own recognizance.

Justin Calmes, 43, of Batavia, is charged with criminal contempt 2nd and harassment 2nd. Calmes is accused of violating an order of protection at 3:05 a.m., Nov. 27.  H was released on his own recognizance.

Roger Joe Ridd, 55, of North Lake Avenue Bergen, is charged with strangulation 2nd. Ridd is accused of obstructing a victim's breathing causing the person to fall into a supor for a period of time. Ridd was arraigned in Town of Bergen Court and released on his own recognizance.

Cuahtemoc Moses Ramirez, 19, of Fisher Road, Oakfield, is charged with menacing 3rd.  Ramirez is accused of placing another person in fear of physical injury, serious physical injury, or death.  He was arraigned in Town of Oakfield Court and released on his own recognizance. 

Serena L. Duryea, 36, of Oakfield, is charged with petit larceny. Duryea was arrested by State Police for an alleged incident at 9:42 a.m., Dec. 10, in the Town of Batavia. She was issued an appearance ticket. No further information was released.

Jennifer C. Moscicki, 45, of East Bethany is charged with petit larceny.  Moscicki was arrested by State Police for an alleged incident at 5:10 p.m., Dec. 7, in the Town of Batavia. She was issued an appearance ticket. No further information was released.

Photo: Santa at Foxprowl

By Howard B. Owens

Santa, along with Mrs. Claus made his annual visit to Foxprowl Collectibles on Ellicott Street, Batavia, this weekend.

Spider-Man will be in the story this Saturday from 2 to 4 p.m.

Submitted photo and information.

 

40 years celebrated during Genesee County DA's retirement gathering

By Joanne Beck

As the ceiling of the Richard C. Call Center rumbled from 75-mile-an-hour winds Saturday evening, a group of about 70 people gathered to pay tribute to one of Genesee County’s finest. 

Larry Friedman was bid farewell and best wishes amidst of stream of anecdotes, remembrances, friendship, and his professional career accomplishments as the county’s district attorney for the last 40 years. 

“Larry’s a good man. He’s a hard worker, tenacious, and passionate about his cases, that’s why I enjoy working with him,” said Theresa Asmus Roth, program coordinator of the Children’s Advocacy Center, which she fondly described. “It’s a child-centered place, an environment that’s meaningful to our families on the worst days of their lives. They get to come to a place that looks like it was built for them.”

The advocacy center hosts children of suspected abuse during their examinations. It was one of Friedman’s many projects and goals for Genesee County, so that abused children could find safety and comfort in their first steps toward justice. Once a case was developed by medical, psychological, and law enforcement staff, it was fought by Friedman in the courtroom.

As state Assemblyman Steve Hawley said, “we’re all here because of Larry Friedman and the job he’s done in Genesee County.” 

“We can expect him and all of law enforcement to uphold the law, and they’re working strongly with all kinds of folks,” Hawley said. “No one wants you to leave. This Legislature takes great pride in recognizing and applauding Lawrence Friedman.”

Hawley presented one of many citations to Friedman, of Batavia, for his efforts to “strive to improve the lives of citizens.” Filling the DA position for six unopposed consecutive terms, with 140 felony jury trials and an 82 percent conviction rate, Friedman demonstrated his “steadfast commitment” to the role, Hawley said. 

Nearly two hours of speakers comprised a who’s who of Genesee County, which also included members of the county Legislature, management, Sheriff's Office and BAR Association, city police and various members of legal systems in Genesee and Wyoming counties. They listed his myriad attributes, from providing “faithful, conscientious service” and being “smart, quick-witted and flexible,” to being willing to share his professional enthusiasm  as mentor to kids and adults alike. 

Peter Guppenberger spoke of Friedman’s civic contributions as a Batavia Kiwanis president, secretary and “keeper of secrets.” The district attorney was instrumental in helping to not only meet the club’s goal of raising $150,000 for a new CAC site, but exceeding it to $212,000, Guppenberger said. 

“The power of one, times by like-minded people; that’s Larry’s legacy in Kiwanis,” Guppenberger said. 

While most speakers took to the podium that was front and center, Wyoming County Judge Michael Mohun opted to mill about the room regaling the audience with a story about how Friedman once loaned Mohun his three-cylinder, impressively powerful motorcycle after Mohun’s new Mustang convertible got towed away after being parked in the front of the courthouse. 

Following several weeks of abiding patience, Friedman finally asked where his motorcycle was, as Mohun was enjoying it. Mohun eventually retrieved his vehicle from impound and returned Friedman's motorcycle, he said with a smile. Mohun spoke highly of his colleague and friend and said he believes that Genesee County is “a hell of a lot better place to live” because of Friedman’s presence.

“Because of that man right there,” he said, pointing out Friedman at a nearby table. 

Incoming District Attorney Kevin Finnell, who will begin his term in 2022, acknowledged that his predecessor will be “a tough act to follow.” Friedman’s enthusiasm stems from his love of the law and to serve as prosecutor, Finnell said, adding that the entire county legal system deserves credit.

“I’ll do my best to continue their legacy in Genesee County,” he said. “You’re out here enduring this weather because of what Larry did. He’s loyal, to the staff and to the people who worked with him. He’s humble; he never wanted the spotlight; he would share it with the rest of us. Thank you Larry for taking the time to work with me for the last two years.”

When it was Friedman’s turn at the microphone, he dispersed the spotlight once again by asking anyone who has worked with him over the years to join him at the podium. One by one, he recognized their “phenomenal assistance” and thanked them for it. He also acknowledged aspects of the 16 departments that have worked with him over the years, from probation and information technology to county management and the defense department.

“I’m very grateful to the County Legislature … the Legislature realizes the need for public safety. They understand it, they respect it,” he said. “I feel so privileged to be able to serve this county. Thank you to all of you to be here despite COVID, despite the weather. And thank you to Jeanne (Walton) for being responsible for all of this, and for the committee.”

He had joked that he initially wasn’t going to retire, but he then saw that a Committee to Retire Larry Friedman had been formed by Walton, so he had to do it. He and Walton, (photo below with Friedman), plan to move west to California to be closer to family, which includes his daughters Suzanna and Rebecca.

The committee also includes Vicky Muckle, Lacie Snell, Mary Ann Wiater, Kevin Finnell, Fred Rarick, and Tom Williams. 

Top photo: Wyoming County Judge Michael Mohun shares stories about his friend and colleague, Genesee County District Attorney Larry Friedman during a retirement gathering Saturday at the Richard C. Call Center in Batavia. Guest speakers also included incoming District Attorney Kevin Finnell, Genesee County Legislature members Gary Maha and Shelley Stein, Assistant City Police Chief Chris Camp and City Judge and attorney Tom Burns. Friedman thanked the roomful of attendees, which included a portion of colleagues he has worked with, above, over the last 40 years of his legal career. 

Confirmation candidates presented at morning Mass

By Press Release

Confirmation candidates from Resurrection Parish with their parents and sponsor at Mass this morning at St Joseph’s Church. 

Candidates are:

  • Aiden Anderson 
  • Dominic Grillo
  • Maylee Green
  • Alex Johnson 
  • Olivia Shell

They will be confirmed this June on Pentecost Sunday.

Photos: Shop with a Cop 2021

By Howard B. Owens

Today, at Walmart, police officers with four agencies -- Batavia PD, Sheriff's Office, State Police, and Le Roy PD -- gathered at Walmart for law enforcement's annual "Shop with a Cop" day, when select youths in the community receive a free gift certificate to spend on presents for family members (and perhaps get something for themselves).

Photos: BMS choir sings Christmas carols at Pub Coffee Hub

By Howard B. Owens

The Batavia Middle School Choir performed Christmas carols on Friday evening at the Pub Coffee Hub on Harvester Avenue, Batavia.

The high school choir will be at the coffee shop this coming Saturday at 4 p.m.

Photos: Santa on State Street

By Howard B. Owens

Amanda Sutton snaps a photo of her son Kannon, 3, and daughter Alora Wolff, 10 months, with Santa at the house of Angelina Pellegrino on State Street.  Pellegrino invited Santa and Mrs. Claus to her place on Friday evening to spread even more Christmas cheer.

Photo: Santa at City Centre

By Howard B. Owens

Angelina Bubel, 12, from Caledonia, visits Santa at the "Our Hometown Christmas at Main St. 56 Theater" in Batavia City Centre on Friday evening.

The craft and vendor show continues today until 4 p.m.

 

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