batavia

A convicted drug dealer failed to show up for his sentencing and has refused to turn himself in, according to Batavia PD.

An arrest warrant has been issued for 38-year-old Charles "Gusto" Williams, who was living on South Spruce Street, Batavia, at the time of his arrest in April.

Police are seeking the public's assistance in locating Williams.

He was convicted of criminal sale of a controlled substance, 3rd, and criminal contempt, 1st.

Williams allegedly violated an order of protection while out of jail awaiting sentencing.

Police say if you see Williams or know of his whereabouts, do not approach him; rather, call 9-1-1.

Using a detection device to identify students who might have been drinking at high school dances is nothing new, said Batavia City Schools Superintendent Chris Dailey, and previous uses have gotten no pushback from students or parents.

Yesterday, The Batavian published a picture of Batavia High School receiving two new wand-like devices that act as breathalyzers to help school officials identify students who may have been drinking prior to arrival at a school dance or other social function where they might be used. The publication of the picture raised a lot of questions among readers about the legality and ethics of such devices.

Dailey said the district's first priority is the safety of the students.

"Ninety-nine point nine percent of our kids don't generally show up under the influence, so it's rather a moot point to them," Dailey said. "They're not thinking we're trying to take away their rights and we're not trying to take away their rights. We're trying to provide a safe environment for all. It's all about safety for us."

All of the complaints that surfaced after yesterday's picture publication surfaced online, Dailey said. There have been no calls to the district office and he met with high school officials today and there was no mention of complaints at the high school.

The wands donated to the school by STOP-DWI and local law enforcement are not at all invasive, Dailey said, unlike the previous alcohol sensor used by the school, which was only used if a student was suspected of drinking. The wands, Dailey said, can detect a potential use of alcohol by a person in a group of people.

"Alcohol consumption by students is something that is illegal and is not tolerated," Dailey said. "We want to make sure we provide the safest possible environment for all of our students."

That's critical, Dailey said, when you have 200 to 300 students coming together for an event.

If a student is found under the influence of alcohol at a school event, the first step, Dailey said, is to make sure the student is safe. Next, school officials call the teenager's parents.

"We reach out to the parents," Dailey said. "(the student) is not allowed to leave if under impairment and we will work with the parent so the child will learn from the mistake."

There isn't necessarily disciplinary action taken against the student.

"(It) depends on the situation," Dailey said.

As for whether the sensors violate students' rights, Dailey said, any student or parent who might be concerned about it are free to not attend the school function.

"If people choose not to come to the dance because of it, that's their choice, absolutely," Dailey said.

Today was the Holiday Give Back Day for students at Batavia Middle School who traveled throughout the community visiting more than a dozen organizations and businesses to thank them for their support of BMS and education.

Two of the visits were to Batavia PD and the Genesee County Sheriff's Office.

The students presented a bag of gifts and cards made by the students.

Members of the Kiwanis Club of Batavia have prepared gift bags filled with all the ingredients of a holiday meal to help feed 85 local families for Christmas and those selected families will receive their bags, gifts and a visit with Santa tonight.

The families were selected by the Salvation Army, through the United Way Backpack Program, and through the city's elementary schools, including St. Joe's.

Lamar I. "L-Boog" Randall, 32, of Walnut Place, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal sale of a controlled substance, 3rd.

Randall is accused of selling a quantity of crack cocaine to an agent of the Local Drug Task Force on two occasions within the past four months.

Task Force members located Randall walking on Washington Avenue, Batavia, and took him into custody.

His arrest is the result of an investigation into the sale, transportation, and possession of crack cocaine in and around the City of Batavia.

Randall was jailed without bail.

The District Attorney's Office assisted in the investigation.

Denise Marie Busiere, 32, of Townline Road, Byron, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, failed to stop for stop sign, and driving with obstructed view. Busiere was stopped at 6:26 p.m. Monday on Lake Avenue, Bergen, by Deputy Ryan DeLong.

Olivia Maria Lyons, 24, of Sokol Drive, Attica, is charged with petit larceny. Lyons is accused of shoplifting from the Dollar General in Oakfield.

John G. Kindig, 59, of Batavia, is charged with driving while impaired by drugs, and stopping or standing on a roadway. Kindig was stopped by State Police at 8:50 a.m. Monday on Veterans Memorial Drive. No further details released.

Today Batavia PD, the Sheriff's Office, and the STOP presented Batavia High School with two breathalyzers that school officials can use at school dances and similiar social functions to see if any students had a drink prior to arriving at the event.

Pictured are Matt Landers, STOP-DWI, Anita Strollo, a counselor career center coordinator at the school, Interim Principal Dennis Kenney, Chief Shawn Heubusch, and Sheriff William Sheron.

Kenney said the devices will be used to test every student entering such events, no exceptions, so everybody is treated equally. 

Carmen Del Plato has shared with us another Christmas song written by his mother Mary Del Plato. It was performed and recorded by Anthony Del Plato.

The first year that seniors at Batavia High School could paint personalized parking spaces was a big success, representatives of the Class of 2018 told school board members at Tuesday's meeting.

They recommended the board approve the same project for the class of 2019.

Not only were there no problems, the project raised $795 for the senior class.

“That’s probably one of the easiest fundraisers ever,” said Senior Mikey Lullo.

There were 35 spaces painted and 19 spots reserved by students.

Several faculty members wanted to get in on the act, offering as much as $200 to have their parking spaces painted by a student, but since that wasn't part of the agreement the senior class had with the board, the class declined to sell those services.

Mikey said that was one of several recommendations this year's class had for the Board of Education.

First, the biggest recommendation was that the Class of 2019 be allowed to move forward with the same program.

The students also recommended that seniors be given a whole week to get their spots painted. Two days isn't enough time when students have sports activities starting up that time of year, family vacations wrapping up, and jobs. Some students found it hard to fit in painting on just a Thursday and Friday. That meant some of them painted over the weekend, which technically was against the rules, but Lullo said the board should consider that there were no problems as a result and all of the students (many accompanied by parents) were respectful.

The few problems encountered by the students were minor, the students said. Lauren Leone said one time some garbage got left behind but other students took care of it right away. There was also an incident after the first snowfall where one student parked in another student's spot, but that was quickly resolved. Nobody purposefully caused a problem with another student over parking.

The project was also successful, Mickey said, because it helped raise senior class spirit.

"It was so great," she said. "Even though I didn’t paint a parking spot, I was just there helping other people, and it was so relaxing, just getting to paint and be with each other before senior year started."

Photo: Amand Patel, Lauren Leone, Mikey Lullo, and Kiara Cherry.

There will be a free, public Open Labyrinth Walk for Peace from 4 to 8 p.m. at the First Presbyterian Church in Batavia on Friday, Dec. 29.

A Community Group Compassion Meditation will take place at 7 p.m. at the church, located at 300 E. Main St.

(Inclement weather date for both events is 4 to 8 p.m. on Saturday, Dec. 30.)

Blue Pearl Yoga is sponsoring the walk and the meditation -- "mind-body practices."

Regarding the self-directed Labyrinth Walk, Blue Pearl says "moving meditations are a beautiful way to experience stillness while still in motion."

Donations welcome, which support the Labyrinth Project.

bp-yoga.com

bpyoga@gmail.com

813-8623

After more than a year of design and planning, construction on several capital improvement projects in the Batavia City School District is set to begin in less than a year.

Voters approved the $26.7 million improvements, which will be accomplished without a tax increase, last March.

Marco Marascio, a project manager with Campus Construction Management in Pittsford, and Tracy Conshiser-Uy, an architect with Wendel, in Buffalo, updated district trustees Tuesday night on the construction plans.

The biggest of the projects is the demolition and reconstruction of Van Detta Stadium.

Demolition will begin, Marascio said, in the fall of 2018. The area will be fenced off and also include storage of construction equipment. The new stadium will consist of pre-built grandstands and a press box and these will be wheeled in and assembled on site.

Construction will be completed by September 2019, Marascio said.

At the high school, restroom and auditorium renovations start in April 2019 during the spring break and work should be completed by August of that year. Roof work begins in June and will be finished by November.

At the middle school, auditorium renovations begin in October 2018 and will be finished by December. The fitness room is scheduled for February 2019 through April 2019. The music room in April 2019; the attendance office in June 2019; interior renovations from December 2018 through August 2019; exterior improvements begin in June 2019; asphalt shingle roof in May 2019; and HVAC modifications in May 2019, completed by August.

At Jackson School, flooring replacement, window replacement, boiler room work, and toilet room renovations in April 2019 and all completed by September 2019.

At John Kennedy School, classroom addition and toilet room renovations are from October 2018 through April 2019. Gymnasium improvements also begin in October 2018 but will take until November to complete. The auditorium demolition is in December 2018. Window replacements begin April 2019.

The work at Richmond Memorial Library includes restroom renovations, painting, floor replacement, reading room lighting, upgrade to the fire alarm system, and landscaping. All of that work is scheduled for December 2018 through May 2019.

Marascio said that where work is performed on campus during the school year, construction workers will either have a separate ingress and egress from the student entrance to the construction zone or they will be instructed to remain in the construction zone during any time students are out of classrooms.

This Christmas season, as in previous years, Paul and Bridget Ohlson and the rest of the folks with Care-A-Van ministeries are serving the elderly community in Batavia to help ensure they do not feel forgotten.

The ministries have prepared more than 400 gift bags and last night 74 of them were delivered to residents at Washington Towers, along with cookies and coffee and a short concert of Christmas carols. Care-A-Van will also visit 400 Towers and several local residents at their homes.

The Batavia City School District Board of Trustees handed out its monthly awards at the start of its meeting Tuesday night. 

Sarah Gahagan and Lindsey Leone – Outstanding Staff Award

I just wanted to pass along praise for Sarah Gahagan and Lindsey Leone for their hard work and dedication to making the B-Squad program a success. My son participated in the program and he learned so much from it. Sarah and Lindsey perfectly balanced physical fitness, community involvement, career development, and social responsibility with this program.

They kept the participants motivated and taught life lessons that would be hard to duplicate in a classroom setting. I imagine they spent a significant amount of their personal time on this program and wanted to recognize their efforts with the administration. Please know that they are assets to BCSD and the City of Batavia who have made a difference in the lives of these young men. -- Nominated by Jill Halpin, Parent

Shirley Boyd – Outstanding Staff Award

Shirley always goes above and beyond for all students; not just the ones she works directly with in the inclusive classroom. She is patient and very receptive to the students’ needs. She takes on additional responsibilities that are not required of her throughout the entire school. She is more than willing to assist the teachers she works with directly and those that she does not. Shirley takes time out of her personal schedule to build relationships with students that need it most. She is truly an amazing individual we are blessed to have her on board. --Nominated by Laura Kaczmarek & Cindy Morgan

The board also presented a proclamation to Caryn Wood for the Drama's Club's successful production of "Sally Cotter and the Censored Stone." The proclamation cited the cast and crew and said the show "exceeded all expectations of a high school drama performance, bringing laughter, jest, and extreme entertainment to the audience it gathered for this event."

Davon St. John is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that between Sept. 27 and 28, the defendant knowingly entered or remained unlawfully inside a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $180 in U.S. currency and other items. In count three, St. John is again accused of second-degree burglary for allegedly unlawfully entering the same dwelling on Ellicott Avenue between Nov. 18 and 19 with intent to commit a crime. In count four, he is accused of petit larceny for allegedly stealing an HP laptop, book bag, calculator, butcher knife and Samsung Electonic Tablet in the second break-in. In count five, the defendant is accused of a third instance of second-degree burglary at the same address between Nov. 20 and 21. In count six, he is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing a 2004 Jeep valued at more than one hundred dollars. In count seven, St. John is accused of petit larceny for allegedly stealing a 40-inch Vizio television in the City of Batavia between Nov. 20 and 21. In counts eight and nine, he is indicted for second-degree burglary for allegedly unlawfully entering a dwelling on Montclair Avenue in the city on Nov. 21 with the intent to commit a crime. In count 10, he is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property on Nov. 21 in the city that had a value of more than $3,000 -- in this case a MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. In counts 11 and 12, St. John is accused of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in counts 11 and 12 that he intentionally damaged the property of another person. In this case, a door and glasses, respectively. In count 13, he is accused of a sixth count of second-degree burglary for allegedly unlawfully breaking into a dwelling on Union Avenue with the intent to commit a crime. In counts 14 and 15, he is accused of criminal possession of a firearm, a Class E felony. In counts 14 and 15, it is alleged that on Nov. 21 in the City of Batavia that St. John illegally possessed, respectively, a .357-caliber Smith & Wesson revolver and a Glock firearm. In count 16, the defendant is accused of stealing property (unspecified) on Nov. 21 in the city and is therefore indicted on another count of petit larceny. In count 17, he is indicted on a third charge of fourth-degree criminal mischief for allegedly intentionally damaging another person's property (unspecified).

Jeremy L Siplin is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Nov. 17 in the Town of Batavia that Siplin stole property having a value in excess of $1,000 -- in this case, $2,292.84 worth of goods from Kohl's Department Store. In count two, he is accused of fifth-degree conspiracy, a Class A misdemeanor. It is alleged in count two that the defendant agreed with one or more persons to intentionally engage in, or cause the performance of, conduct that constituted a felony.

Joseph H. Merkley Sr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 3 in the Town of Le Roy that Merkley drove a 1996 Ford on Perry Road and/or Route 19 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing, or having reason to know, that at the time his dirver's licensed in New York was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count two that he was driving under the influence of alcohol or a drug at the time. Also, in Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI Per Se on June 18, 2014 in the Town of Murray in Orleans County. It is further alleged in the Special Information that Merkley knew that his driving privilege was revoked as a result and that revocation was still in effect when the crimes alleged in this indictment occurred.

Joshua M. Bradley is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 4 in the Town of Darien that Bradley drove a 2005 GMC on Colby Road and/or Route 20 while intoxicated. In count two, Bradley is accused of DWI, Per Se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more at the time. Also, in Special Information filed by the District Attorney, Bradley is accused of having been convicted by DWI as a misdemeanor on Jan. 15, 2015 in the Town of Clarence, Erie County, and that conviction was within 10 years of the crimes alleged in this indictment.

Before her deportation hearing this morning, immigrant-rights protestors rallied outside the Buffalo Federal Detention Facility in Batavia in support of Dolores Bustamante, a single mother who has been living and working in Wayne County.

Bustamante was taken into custody in 2014 when a trooper stopped her for a traffic infraction. Her attorney and supporters say the trooper violated State Police policy and constitutional protections by running an immigration status check on her. The trooper found she was in the country without proper documentation.

Her hearing was delayed until May this morning because the translator scheduled to handle the case couldn't speak clearly because of illness and no other translator was available.

Her attorney, Jose Perez, did make a motion to dismiss the case because Bustamante's rights had been violated by the trooper.

The judge refused to hear the motion because Bustamante's first attorney previously made factual admissions that Bustamante is from Mexico, was in the country without documentation, and admitted Bustamente was subject to possible removal.

That, Perez said, was a mistake by that attorney and could lead to a complaint to the New York State Bar for negligence and malpractice. 

The admissions potentially deny Bustamante the ability to challenge her arrest and deportation on constitutional grounds.

Once the complaint is filed with the Bar, the immigration judge can agree to hear and consider the motions.

Immigration-rights advocates in Central and Western New York are using Bustamante's case to highlight what they see as a disturbing trend under the Trump Administration to increase deportations, which are up 40 percent. 

Supporters say under the previous administration, Bustamante would not have as readily faced deportation because of her community ties, regular employment, and dependent children.

Perez said in May he will make the case that Bustamante would be granted asylum because she had been a victim of domestic violence in Mexico. Also, he noted, her son, who was not involved in gang activity in Mexico, was recently killed by gang members there, which could make it unsafe for Bustamante to return to Mexico.

NOTE: Information about proceedings in court this morning come entirely from the defense attorney in the case because of convoluted rules at the detention facility. For some reason, defendants are allowed only 10 friends and family guests in the courtroom, and for some inexplicable reason, journalists are included in that count. I agreed to leave so another family member could get into court, in part because of another inexplicable rule -- I couldn't have my mobile phone with me, even while attorneys were allowed their phones.  

Batavia's animal control officer has been dispatched to the East Main Street area to see if he can track down a black and tan dog, possibly a Rottweiler, that is running loose.

The dog is wearing a referee shirt.