batavia

As we move into August, football is in the air. The Batavia Bulldawgs started practices this week with sessions in the late afternoon at Kibbe Park. The first league games are Aug. 16, with Batavia hosting Attica at Lions Park.

As families left a lunchtime soup kitchen at the Assembly of God Church on North Spruce Street this afternoon, an unknown person apparently fired BBs at them.

The thwack of a BB against the siding of a building got everybody's attention and then after another shot, a BB was seen on the ground.

One BB narrowly missed a child, the child's mother said.

Police were called and a canvass of the area failed to produce a suspect. The shots were believed fired from a neighboring apartment complex.

"I don't know the motivation," said Sgt. Dan Coffey. "I don't know why somebody would decide to shoot BBs in the direction of a church, let alone the people standing outside near it. I couldn't speculate on that at this point."

The building wall showed clear evidence of at least one BB's impact.

Valerie White and Daniel Orlando said their little was almost struck by one of the shots as she was sitting in her stroller. The couple and their two children, ages 3 and 5, were outside talking with another family and their kids when the incident occurred just before noon today.

"All the sudden we hear two ping, pings hitting the side of the building," White said. "We're looking around to see what's going on. It sounded like little stones hitting the building. Somebody noticed it was a BB coming toward us and we looked on the ground and there was a BB on the ground and there was a hole in the building. One just missed our daughter."

Orlando held up two fingers an inch apart and said, "it was probably this close."

Coffey said the weapon could either be CO2-powered or a pump-style BB gun. 

The suspects, if identified, are looking at possible reckless endangerment and criminal mischief charges.

Anyone with any information can contact the Batavia Police at 585-345-6350.

Original reporting for this story by Alecia Kaus/Video News Service.

Four new witnesses were called to the stand when testimony resumed this afternoon in the child sex abuse case of convicted child molester Sean Vickers.

Though their testimonies were mostly compelling, defense attorney Jerry Ader managed to point out gaps in recollections, dates and other specifics in an effort to cast a shadow of doubt in the jurors' minds.

Among those who took the stand was a 25-year-old prisoner brought in by officers from another county. He wore a white shirt, tan pants, ankle shackles, and looked dead ahead from the witness stand.

District Attorney Lawrence Friedman straightaway dispatched with the witness's criminal record. The man is serving time for criminal trespass and two counts of first-degree attempted sexual abuse of a minor. He pled guilty when he was 17 of unlawfully entering the home of an acquaintance and forcibly touching the genitals of two females, ages 7 and 11. He has served more than five years, out of a maximum of eight, and his third parole hearing is this fall.

Then Friedman asked about Vickers.

The alleged victim said he is one of five boys in his family, Vickers was an adult relative, and that from the time period of November 2001 to April 2002, Vickers had performed oral sex on him and vice-versa at least five or more times.

At that point, several of the jurors stared hard at Vickers. They were all paying attention.

On cross-examination, Ader honed in on the witness's credibility.

Ader contended that the witness has an ulterior motivation for coming forward now and telling about alleged oral sexual conduct with Vickers. The witness's time off for good behavior was voided due to problems during his incarceration. To convince authorities to give the credits back, and have that recommendation made at his third parole hearing in September, he's testifying today, Ader maintained.

In 2004, Ader noted, nothing was mentioned about oral sexual contact, nine years later it surfaces.

But upon questioning by Friedman, it was pointed out that the witness didn't reach out to police about Vickers, rather the police contacted the witness in order to re-interview him for this case about his contact with Vickers.

Next, Ader asked the witness if one someone had been removed from his mother's home. The witness said Child Protective Services had ordered Vickers to be removed from the home.

That's not the answer he was looking for, so he ignored the statement. He asked about one of his brothers. Was one of them was removed from the home?

"Yes."

"Were you ever told why?"

"No."

"Did you ever wonder why?"

"Yes."

Did (this brother) ever touch you inappropriately?"

"Yes."

The next witness was a 23-year-old brother of the first witness. Friedman questioned him about getting in trouble with the police. The young man told the jurors that in August of 2002 he got caught throwing rocks at the sand wash on Cedar Street and the cops took him to his house in Batavia. Only Vickers was there and they began arguing. Then the boy went in the basement to fold laundry. Vickers came down there and told him he was in big trouble. When the boy was standing against the washing machine, he said Vickers "touched my groin area...probably less than a minute. ... I ran upstairs. I was afraid."

From November 2001 to February 2004, Vickers sexually molested him on several occasions, the second witness said. Specifically, Vickers performed oral sex on him. The witness at this point appeared a bit uncomfortable, yawning nervously and wriggling about.

It was the dates of those instances that Ader parsed. How could he remember the dates? Are you saying you can remember this from 10 years ago?

The witness said he remembers the date of the time in the laundry room because it was the first real trouble he'd gotten into. The second time in which he recalled a specific date was because "it was Buffalo Bills day."

An exhibit was then entered into the court record -- an affidavit which he signed in May of 2013. It describes his run-in with police, arguing with Vickers about it, but nothing about sexual contact. It says he was 11, but he was actually 8 at the time. And the statement about an instance of abuse on Buffalo Bills day says he was 8, but he was actually 11.

"You really don't have a good memory about this do you?"

"No," the witness replied. "It's hard enough as it is."

Next the prisoner was recalled to the stand and simply asked if the alleged abuse occurred at the same address (the one his brother cited). "Yes."

The third witness for the prosecution testified that he knows one of the alleged victims, from another family, because his brother is married to the child's mother.

Last August, with Vickers behind the wheel, the third witness and his brother all went to the IMAX theater in Rochester to see a movie. The brother, having some knowlege of the alleged molestation, asked Vickers if he had been touching the child. The answer was yes. The brother said "stay away from our house." "Okay," the previously convicted molester replied.

This witness, too, has had legal problems. In 2009, at age 17, he entered guilty pleas to several misdemeanors, including stealing bicycles out of people's yards, shoplifting at Walmart, and more serious, providing alcohol to minors. He spent a year in jail and then was put on probation.

When Ader asked about the movie trip, he wanted to know if the radio was on, was it loud, since he had a cell phone with him -- why didn't he text and tell someone about Vickers' alleged admission of guilt?

The third witness said when he returned home that night, he did tell the child's mother.

The final witness was this child's mother -- a married woman who has two sons, ages 11 and 9.

She testified that from Spring 2012 to Spring 2013, Vickers often had contact with her family, as he was a relation by marriage. They went skiing, to movies, on picnics.

"He paid for things, like a Kindle Fire, rollerblades, bought Christmas gifts, birthday gifts, expensive things," she said. "At times he spent the night in our attic, it's finished, it's a bedroom. He slept on a pad on the floor."

The district attorney elicited that her sister has twin boys and they often spent nights at the witness's house as well, including about four or five overnight stays when Vickers was staying over.

The mother bit her lip repeatedly. Swallowed hard. Teared up.

She told the panel that today her youngest son has attention-deficit / hyperactivity disorder; he is emotionally disturbed; suffers from anxiety; and has also been diagnosed with "behavorial defiance disorder."

Then she talked more about Vickers.

"Sean would pay for us (she and her husband) to go do things and he said he'd pay for it and he'd babysit."

And how many times did this type of arrangement occur? Friedman asked.

"Fifty times or more," she replied.

Ader asked if her brother-in-law had told her about the conversation he had with Vickers in the car on the way to the movies. Yes, she said. Ader asked if her youngest son had told her he had been "touched." No, she said.

By this time, the impassive, pale-faced Vickers started taking notes on a legal pad. He is diminutive, balding and gray in back; he wore a black suit. He is slight of chin and completely unremarkable in mien.

The last witness further testified that she had not alerted the police after her brother-in-law relayed the car conversation because she had already done so "long before."

The defense attorney's next line of questioning brought forth testimony that many guests came and went at her household, including one who had been convicted of providing alcohol to minors.

There were plenty of guests.

"More than I'd like," she said.

The case resumes tomorrow morning.

(Batavia PD Det. Kevin Czora also testified, simply that he investigated the case; no details.)

The witnesses are now grown men, District Attorney Lawrence Friedman told jurors this afternoon to open the trial of Sean Vickers, accused of sexual abuse.

The alleged crimes occurred 12 years ago, but the scars remain, Friedman said.

"He (Vickers) damaged the boys by what he did to them in the late '90s," Friedman said.

Vickers, already a convicted sex offender, was indicted in November on 10 felony sexual abuse counts, including predatory sexual abuse.

According to Friedman, Vickers got to know the family and the kids; he built trust with the families and would often spend overnights in their homes.

"This (the children) is what the case is about," Friedman said. "Through the testimony of the boys and witnesses, you will hear an admission of guilt by the defendant himself; and based on the evidence you will hear and see, I ask that you return a verdict of guilt."

In rebuttal, Defense Attorney Jerry Ader asked the jury to follow the law and not emotion.

"You haven't heard the evidence or the witnesses," Ader said. "You don't know enough at this point to make a decision. You have to listen to every element on all the charges and they have to be proven without a reasonable doubt.

"Emotions run high in a case like this, listen to the evidence, follow the law," Ader continued.

Ader asked the jurors to judge each crime individually, reminding them that they swore an oath to follow the law to wherever the decision may lead. He also noted that the surface has just been scratched and to not just judge on the basis that children were involved.

"Keep an open mind. These are complex charges," Ader said.

According to the first witness, a member of the clergy, Vickers openly confessed in the presence of his then wife, to sexually abusing two of his stepchildren. The witness stated that Vickers and his wife had come to him in November 2004 and informed him of what Vickers had done. The witness encouraged Vickers to turn himself in and his wife to get help for her boys so they may begin the healing process.

The former Batavia resident is charged with course of sexual conduct against a child in the first degree; predatory sexual assault against a child in the first degree; abuse of a child in the first degree; and endangering the welfare of a child.

The trial resumed at 2 p.m.

Police investigators are looking into separate incidents last week to try and determine if the crimes are related and identify suspects.

The first incident involved a robbery in the area of Tracy and Washington avenues in which three people robbed a pedestrian at about 11:20 p.m., July 19.

The second incident was two nights later and involved four individuals jumping a victim in the area of State Street and Willow Street.

While the robbery was previously reported, BPD has released suspect descriptions. 

The three youths are described as a black male, late teens, wearing a dark-colored hoodie; a light-skinned male in his late teens wearing a white tie-died muscle shirt; and, a person in the late teens with no other description provided.

One of the teens threatened the victim with the use of a weapon and told him to give him his money. The victim did not see a weapon displayed, but followed orders and handed over his money.

In the second incident, the victim was sitting on a porch talking with a friend when a person approached and asked to speak with him along the side of the house. 

As he moved to the side of the house, three other individuals surrounded him. 

The first person started a confrontation with the victim and the other three people jumped in.

A witness called police and when police arrived, the suspects ran.

One juvenile was detained and later released to a parent. 

The 20-year-old victim was treated at the scene by Mercy EMS and said he didn't require further treatment. 

Anyone having information should contact the Batavia Police at 345-6350 or confidentially via e-mail on the City of Batavia Web site link to the Batavia Police or Tip Line 345-6370.

If you saw a couple of guys with cameras on tripods this morning on Main Street, they are Drew and Adam Hilker, who are contractors with Google traveling the state shooting pictures for an updated street view map on Google Maps.

The new street view is intended to provide more detail in business districts, such as Downtown Batavia.

Dennis C. Bump, 33, of Stannard Road, Alexander, is charged with grand larceny, 3rd. Bump is accused of stealing from his employer at various locations in Batavia. Bump was released under supervision of Genesee Justice.

Ann M. Capuano, 29, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear. The underlying charges for her court appearance in this case were not released by police. She had been issued an appearance ticket on a previous matter. Capuano was released on $100 cash bail.

Desmond L. Majors, 21, of Walden Creek Drive, Batavia, is charged with two counts of harassment, 2nd, and disorderly conduct. Majors allegedly struck another person and yelled obscenities in a public place.

Kenisha A. Thomas, 16, of Dellinger Avenue, Batavia, is charged with assault, 3rd. Thomas is accused of assaulting another person while in Austin Park at 3:10 p.m., Sunday.

Daniel Robert Ruffner, 28, of Telephone Road, Pavilion, is charged with harassment, 2nd. Ruffner is accused of being the primary aggressor in a fight with another person.

Laurie J. Lerkins, 37, of Le Roy, is charged with driving while impaired by drugs and unlawful possession of marijuana. Lerkins was reportedly involved in a two-car accident on Route 98, Town of Java. Lerkins allegedly failed to maintain her lane and struck a vehicle driven by Rodney L. Gleason, 53, of North Chili. Upon subsequent investigation by state troopers, Lerkins was allegedly found to be under the influence of drugs. She was issued traffic tickets for failure to keep right, aggravated unlicensed operation, unlicensed operation and failure to notify DMV of a change of address.

Also, a Grand Jury indictment:

Cassandra R. Blake is indicted on one count of grand larceny, 4th. Blake is accused of stealing 245 lottery tickets with a face value of $1,028, along with payouts from those tickets and other cash, from the Yellow Goose store in Pavilion on or about June 21 and 22.

Tonight’s game between the Batavia Muckdogs and Williamsport Crosscutters has been postponed due wet and unsafe field conditions. This game will be made up as part of a double-header on Tuesday, July 29th. We will play two seven-inning games, with the first game starting at 5:05 p.m. Gates will open at 4 p.m. Any person with tickets to tonight’s game can exchange their tickets for any other regular season game, subject to availability.

A reader asked us to look into reports of a series of car break-ins in the city. We e-mailed Chief Shawn Heubusch and here's his response:

There have been several reported thefts from vehicles in the past month throughout the south side of the city. No suspects have been identified at this time. People in the area are strongly encouraged not to leave any valuable items in their vehicles and to keep their vehicles locked at all times. Most thefts from vehicles are crimes of opportunity and therefore little to no force is used. By keeping your car locked, and alarm active if you have one, will deter thieves from targeting your vehicle. Residents should contact the City Dispatcher at 345-6350 if they see suspicious activity taking place in their neighborhood.

Barbara E. Ferrando, 42, of West Main Street, Corfu, is charged with criminal possession of stolen property. Ferrando was allegedly found in possession of a stolen phone after the victim tracked the phone using the "Find My Phone" app and located a moving vehicle pulling into the Walmart parking lot. The victim was able to provide an accurate description of Ferrando and her vehicle. The arrest was made by Officer Jason Davis and Sgt. Christopher Camp.

Oliver Thomas, 22, of Chestnut Street, Batavia, is charged with assault, 2nd, menacing, 2nd, criminal possession of a weapon, 3rd, and criminal mischief, 4th. Thomas was allegedly involved in a domestic incident at 10:46 p.m. July 23. Thomas was jailed on $10,000 bail or $20,000 bond.

Lamar L. Mobley, 20, of Wood Street, is charged with DWI, refusal to take breath test, open container, speed not reasonable and leaving the scene of a property damage accident. Mobley is accused of being involved in a hit-and-run accident at 3:53 a.m. Sunday on Bank Street, Batavia. The accident was investigated by Officer Devon Pahuta.

Stephan P. Durham, 17, of Ellicott Street, Batavia, is charged with criminal trespass, 2rd, criminal mischief, 3rd, grand larceny, 4th, and criminal possession of stolen property. Durham is accused of breaking into an impound lot, breaking a car window and stealing property from the car. Durham was jailed without bail.

Alexander L. Jordan, 19, of Ridge Road, Ontario, Canada, is charged with menacing, 3rd. Jordan allegedly physically threatened another person while in the parking lot of Tim Horton's at 11:25 p.m. on July 20.

Coty A. Patrizi, 24, of Morton Avenue, Batavia, was arrested on a warrant stemming from an unreasonable noise complaint. 

Alex S. Dumbleton, 21, of Jackson Street, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child, criminal obstruction of breathing/blood circulation, criminal mischief, 4th, and harassment, 2nd. The charges stem from alleged domestic incident reported at 4:18 a.m. July 23. Dumbleton was jailed without bail.

Willie Albert Sabb Jr., 40, of Hutchins Place, Batavia, is charged with criminal contempt, 2nd. Sabb is accused of being in the presence of two people in violation of an order of protection.

Byron R. Lee, 47, of West Main Street, Batavia, is charged with petit larceny. Lee is accused of shoplifting from the deli department of Tops.

Dakota Patrick Pursel, 17, of Pavilion Warsaw Road, Pavilion, is charged with making graffiti and criminal tampering, 3rd. Pursel is accused of writing on windows, window sills, doors and brick walls at Pavilion High School.

Richard John Abramski, 26, of West Main Street, Batavia, is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Abaramski was allegedly found in possession of suboxone while serving an intermittent sentence at the Genesee County Jail.

Sean Douglas Lacy, 27, of West Bergen Road, Bergen, is charged with conspiracy, 5th. Lacy was allegedly involved in an incident at 12:32 a.m. Friday on Swamp Road, Byron, along with two other individuals, that resulted in the reckless discharge of a firearm.

Brian Paul O'Grady, 49, of Main Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding (55 in a 35 mph zone), failure to keep right and drinking alcohol in a motor vehicle. O'Grady was stopped at 1:15 a.m. July 22 on East Main Street, Batavia, by Deputy Eric Seppala.

Norman D. Brockenshire, 58, of Batavia, is charged with criminal mischief 4th/preventing emergency call and harassment, 2nd. Brockenshire was allegedly involved in a domestic incident at 1:15 p.m., Saturday. The investigation was handled by the State Police.

Ravae S. Quonce, 27, of Syracuse, is charged with DWI and driving with a BAC of .08 or greater. Quonce was stopped at 9:56 p.m. Friday on Simonds Road, Darien, by State Police.

Town of Batavia firefighters proved once again they know how to throw a party.

Saturday night, the department hosted its annual Harley Raffle party, the biggest fundraiser of the year for the volunteers.

Mary Miesner, of Albion, with ticket #1281, won the Harley Fat Boy (or she could choose a cash prize). The four $500 winners were Andrew Chapman, of Batavia, David Metzger, of Buffalo (his ticket being drawn above), Roy Baker, of Medina, and Joseph Sherman, of Le Roy.

The band this year was Audibull.

To purchase prints, click here.

Nate Fix sent over these photos he took with his drone earlier this evening of the Town of Batavia Fire Department's annual Harley Raffle party.

The party goes until midnight. Audibull is the band and they're rockin' the tent.  

The fire hall is on Lewiston Road, across from Kmart.

I'll have ground-level photos posted in the morning some time.

Batavia Downs.

Kaden Lyons, 9, models his Harley-Davidson gear atop his dad's bike at the YWCA's Wheels and Heels fundraiser today at Stan's Harley-Davidson.

The event featured a fashion show and Kaden was one of the models.

Funds raised will be used for the YW's for domestic violence programs.

The event's band was "driVen," with Mike Warren on bass and vocals, Dylan DeSmit on lead guitar and vocals and Alex DeSmit on drums.

Dick McClurg says "they don't call me the dreamer for nothing."

"The Dreamer." That's what's stenciled on his 1932 Ford hot rod roadster. His dream car.

"I wanted one all my life. I waited 50 years for that one."

McClurg has about a dozen classic cars scattered around his shop location, Old World Collision on West Main Street Road, Batavia, that many of us would consider dream cars -- a Mustang, Corvette, BelAir, Thunderbird, Charger,  '41 Mercury, Cadillac El Dorado, and old coupes buried under a a couple of dozen rusted bicycles.

Many in some state of restoration; some in permanent disrepair and destined for Ed Arnold's.

"Rust is my life," he said.

Now that McClurg is retired, he has more time to work on his own projects (he emphasized, he's not looking for new business), hence the completion of the roadster.

He's just about finished the restoration on his shop car, a 1949 Chevy panel truck. It hasn't been on the road for 31 of the 36 years he's owned it.

What was wrong with it?

"Everything," he answered. "Body off the frame, every nut and bolt. It's probably one of the most rotten pieces I've never tackled."

The old delivery wagon sat out front of his shop for awhile this morning, gleaming in the July sun.

"I've probably had plenty of opportunities to sell it, but if the day ever came where I could handle getting it on the road, then I'd have to go buy another one, so I'm glad I didn't."

My stop in McClurg's shop this morning -- a stop I've intended for a long time -- was prompted by a 1957 Caddy. 

At the accident near Wortyndyke today, I was reminded of a classic Caddy I'd seen -- and a firefighter had seen -- parked over on Pearl Street, at LaWall's Collision.

The shop owner there told me, yeah, it had been parked out front, a real traffic stopper while it was there, but after some rear end repairs, it had gone back to Old World.

McClurg said the baby blue Caddy is a project for one of his few remaining customers.

Another dream car about to become reality.

Kids participating in the city's summer program at Lambert Park toured the recycling center at Genesee ARC this morning.

A car accident is reported at 3299 W. Main Street Road, just west of Wortendyke Road. The vehicle is on its side. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 11:04 a.m.: (from Howard at the scene) There is no vehicle on its side. A black sedan was eastbound on Route 5 and a FedEx truck was westbound. The truck attempted a left turn into a car dealership and allegedly did so in front of the sedan, causing the initial collision. Then the sedan veered into the car lot, hit a barrier pole and the front end of a car. The female driver was extricated and is being taken to ECMC by Mercy ambulance. She suffered a possible head injury, possible pelvic injury, and a face laceration. The FedEx driver was a sign-off. The truck has a damaged right rear panel and a flat left rear tire.

A one-vehicle rollover accident is reported on the eastbound Thruway at mile marker 388.2. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 5:47 p.m.: Town of Batavia command reports the driver is out of the vehicle.

Colin J. McCullough, 17, of Telephone Road, Pavilion, is charged with first-degree rape following an investigation by the Genesee County Sheriff's Office that determined he allegedly had forcible sexual intercourse with a 17-year-old female acquaintance on June 6. He was arrested on the felony charge July 21 and arraigned in Town of Pavilion Court, then released under supervision of Genesee Justice. He is to reappear in court on Aug. 12. Colin was arrested by Deputy Matthew Fleming, following the investigation by Sheriff's Investigator Timothy Weis and Deputy Frank Bordonaro.

Ryan James Sharpstene, 27, of Chili Rigi Center Road, Churchville, is charged with criminal possession of stolen property with a value exceeding $3,000 and unauthorized use of a vehicle, 1st. It is alleged that Sharpstene was in possession of a stolen vehicle out of South Byron on July 16 and was operating this vehicle following the alleged theft without the owner's consent. He was jailed on today in lieu of $10,000 cash bail. The case was investigated by Deputy Joseph Corona

Bart A. Towne, 45, of Highland Park, Batavia, was arrested July 22 on two misdemeanor drug-related charges following an investigation by the Genesee County Local Drug Enforcement Task Force, comprised of Sheriff's deputies and Batavia Police NET officers, plus the Le Roy Village PD. They were investigating the possession and transportation of heroin in and around Genesee County. Officers conducted a traffic stop in the Town of Byron, and Towne was allegedly found in possession of a quantity of heroin and a hypodermic needle. He was jailed on $2,500 cash bail and charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor, and criminal possession of a hypodermic instrument, also a Class A misdemeanor.

Jessica Jane Moscicki, 24, of Briarwood Terrace, Batavia, was arrested by the Genesee County Sheriff's Office on Saturday, July 23, on an active bench warrant issued out of the Town of Batavia. The warrant stemmed from her failure to appear for sentencing on an original charge of petit larceny, which occurred Aug. 27, 2013, on Lewiston Road. She was jailed on no bail and is to reappear in court on July 29. The case was investigated by Deputy Joseph Graff, aasisted by Deputy Dana Richardson.

A 17-year-old and a 16-year-old, both from Albion, are charged with petit larceny for allegedly stealing merchandise from Darien Lake Theme Park on July 20. The cases were investigated by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Christopher Parker.