batavia

No matter how much John A. Cabrera Jr. wants to prove to the community he's a good person, he's going to have to wait, Judge Robert C. Noonan told the church burglar this morning.

The 22-year-old Cabrera told Noonan he knew had made mistakes and he was sorry for hurting people.

"In your crime spree, you victimized people who are the people who help others in the community," Noonan said. "Nothing but a long prison term would be appropriate. I'm glad you want to turn your life around, but it's going to be a long while before you can do that."

In October, Cabrera admitted to three Class D felonies of burglary and escape.

With a possible maximum sentence of two-and-a-third to seven years on each count, Noonan came close to giving Cabrera the max. Cabrera will serve two to six on all three counts, served consecutively, which means he could be in prison for six to 18 years. If he's released any time before 18 years, the balance of the sentence will be served on parole.

Cabrera's crimes included a burglary of St. Paul's, St. Mary's, Ascension West, First Baptist and St. James.

"I'm very, very sorry for what I did," Cabrera told Noonan. "Looking back on it, it's never worth it to hurt somebody, especially in a community setting like a church. It effects a lot of people. You hurt everybody in the church."

The Oct. 9 plea also satisified any uncharged crimes Cabrera may have committed and in court today Cabrera was ordered to pay restitution to a Town of Batavia women he also stole from.

He will also be required to pay restitution to Genesee County for damage he did to the jail when he escaped.

His total restitution to the churches and the woman total $7,018. Whatever balance remains unpaid upon his release from prison will be paid in $200 monthly installments, Noonan ruled. The churches and the Batavia woman will be paid first, followed by the county, before the insurance companies are paid.

"What I did was wrong," Cabrera told Noonan. "Either way, whether it was churches or somebody else, it was wrong. I'm ready to change, to seek help and to pay my debt and pay restitution. I want to do what is right. I don't want this to linger after I get out. I don't want to be remembered for the bad things I did after I get out. I want to be remembered for doing good because I'm not a bad person. I'm a good person."

District Attorney Lawrence Friedman argued that given the scope of the crimes and the nature of the victims, Cabrera should receive the maximum possible sentence.

Attorney William Harper, representing Cabrera for the Public Defender's Office, asked Noonan to consider that Cabrera never had any contact with law enforcement prior to his early summer crime spree.

He noted that Cabrera had a mental health and drug problem, which he sought help for on his own before the crime spree even started, but never really got help.

There's also an indication, Harper noted, that Cabrera's church burglaries didn't begin until after Cabrera started using bath salts.

"Bath salts wreaked havoc with his ability to deal with his mental health issues and refrain from engaging in criminal activity," Harper said.

Noonan said he was sympathetic to Cabrera's mental health issues, but the issues were not of the severity or nature that he couldn't recognize what he was doing was wrong. Presentence reports, Noonan said -- not withstanding Cabrera's own statements in court -- indicate that Cabrera believes the normal rules of society do not apply to him.

Updated with additional information from the Sheriff's Office at 6:38 p.m.

A Batavia woman was arraigned on two felony drug counts today in county court.

Tracey Brewer (aka Tracey Cook), 47, of 52 Columbia Ave., Batavia, is accused of selling hydrocodone and oxycodone.

She was arrested Tuesday on a sealed grand jury indictment. She is charged with one count each of criminal sale of a controlled substance, 4th, and criminal sale of a controlled substance, 3rd.

Brewer's arrest followed an investigation by the Local Drug Enforcement Task Force.

She is accused of making the sales April 4 and April 18 at her Columbia Avenue residence to an undercover agent.

Batavia PD assisted in her apprehension.

Brewer was released following arraignment under supervision of Genesee Justice.

A man already serving a 15-year prison term for molesting a toddler admitted in county court today that he also molested another child under age 11 in March.

James L. Little Jr., 41, formerly of Batavia, could get three-and-a-half years tacked onto his current sentence after accepting a plea deal from the District Attorney's Office.

Little was escorted to court by state prison guards and appeared in court shackled and in a kelly green jumpsuit.

He entered a guilty plea to sexual abuse in the first degree.

Sentencing is scheduled for Jan. 29.

Batavia PD first arrested Little earlier this year for molesting a 2-year-old. Only after he was sentenced on that first charge did the second molestation, which occurred prior to Little's first arrest, come to light. 

Fifty-three-year-old Beverly Hensel was accused in court documents of supplying Little which child porn starting in 2008. She's entered a guilty plea to possession of child sexual performance and is scheduled for sentencing Jan. 9.

Announcement:

Due to the pending sale of the Administration Building at 39 Washington Ave., the Batavia City School District Administration Offices will be relocated to Batavia High School, 260 State St., starting Friday, Nov. 9.

The offices will all be accessible through the State Street parking lot.

Superintendent/Personnel -- Room 48

Registration/Curriculum -- Room 40

Student Services -- Room 43

Buildings & Grounds -- Room 41

Business -- Room 45

Boardroom -- Room 49

All phone numbers and extensions will remain the same. Any questions, please call 343-2480, ext. 1000.

Roque Guillermo, 45, of Mechanic Street, Elba, is charged with incest in the third degree, a Class E felony. Guillermo is accused of having sexual relations with a member of his family Sunday evening. Guillermo was arraigned in Town of Batavia Court and jailed on $20,000 bail. The case was investigated by Deputy Chad Minuto and Investigator Kris Kautz.

Paul Nawotka, 41, of Mead Road, Medina, is charged with unlawful imprisonment, criminal possession of a weapon and harassment, 2nd. Nawotka was arrested following an investigation into a domestic incident Feb. 6. Nawotka was allegedly found in possession of a billy club. The case was investigated by Deputy Brian Thompson and Trooper Caton Baines.

For the first time in his life, Brooks Hawley, son of a state assemblyman and grandson of a retired state assemblyman, ran for office, and he won a convincing victory.

Hawley, who was appointed to a council-at-large seat at the beginning of the year, was part of a three-way race for two seats on the Batavia City Council and, according to unofficial numbers, received 3,559 votes.

Jim Russell and Laura Russell-Ricci are only 40 votes apart with between 1,300 and 1,800 absentee ballots yet to count.

"I’m very honored that the residents of Batavia have chosen me to stay on city council," Hawley said. "I was appointed and now I’m reelected and I want to thank the Republican, Conservative and Independent parties, but mostly my beautiful wife for supporting me through the campaign."

For her part, Russell-Ricci was pleased to make such a strong showing in a city where Democrats are generally at a disadvantage.

"I love it that not everybody decided they had to vote party line, but that it was about the better candidate," Russell-Ricci said. "I’m proud to be a part of that, that even with a D after my name, I could still put up some good numbers."

Jim Russell left the GOP party at Terry Hills while only partial results were tabulated so wasn't available for comment tonight.

Earlier: Genesee County election results.

City fire is dispatched to 4 Highland Park for a possible fire in the wall of the residence.

UPDATE 5:17 p.m.: Engine 15 on location. Nothing showing.

UPDATE 5:18 p.m.: There was an electrical outlet fire and it's now out.

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Calling it an Election Day tradition, Chris Collins drove to Batavia today for lunch at the Pok-A-Dot. Collins had lunch at the Dot the day of the GOP primary when he beat David Bellavia.

The Pok-A-Dot, he said, is kind of like a lucky charm.

Collins had no other campaign stops to make today with the race now in the hands of the voters of the NY-27. 

While Collins said he feels good about his chances against incumbent Kathy Hochul, he is short of predicting victory, knowing it's likely to be a close vote.

Press release:

The Monsignor Kirby Apartments will be flushing fire hydrants on Wednesday, Nov. 7, from approximately 10 a.m. to 12 p.m. Homes and businesses in the general area Oak Street, Park Road and Noonan Drive will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

What a life Dick Beyer has led, from a standout in high school football and a football scholarship with Syracuse University, to a master's degree in education and a professional wrestling career that took him and his family all over the world.

One of Beyer's wrestling matches in Japan was televised worldwide and viewed by 70 million people.

"I didn't realize how many that was until somebody told me only 50 million people watch the Super Bowl," Beyer said.

One of Beyer's biggest fans was Vic Marchese, owner of Main St. Pizza Company in Downtown Batavia.

Growing up, Marchese loved professional wrestling.

"I especially liked any wrestler that wore a mask," Marchese said.

Vic became a big fan of Beyer's later career character, Doctor X. Marchese was a member of the Doctor X Fan Club and he said he still has his membership card at home.

"I just always liked Doctor X," Marchese said. "I just never knew he lived 20 miles down the road from me all my life."

Marchese and Beyer met in a local T-shirt shop several years ago and became fast friends.

If Beyer is driving past Batavia, he always stops in to see Vic, usually coming home from a football game in Syracuse.

"I just love his pizza," Beyer said.

Beyer, 82, is finally telling his life story in a new book, "Masked Decisions," and will be at Main St. Pizza from 2 to 5 p.m., Saturday, Nov. 17, for a book signing. Marchese is offering a free pizza with a book purchase.

"It runs through my whole life, honestly," Beyer said. "I don't pull any punches. I don't say a lot about individual wrestlers, who was won this or who was better. I talk about the humor of the game and about being at the right place at the right time."

Beyer attended a vocational school in Buffalo, and after his fourth year had to go to a fifth year of high school for math, history and English. He was offered a football scholarship to Syracuse and while starting for the Orangemen he was recruited onto the wrestling team.

According to Beyer, his roommate at his fraternity house where he lived was the heavyweight on the wrestling team.

One evening, Beyer was at the house playing pinochle when the wrestingly team came back.

"I asked Howie, 'How'd Bill Sky do today?' " Beyer said.

"He blew out his knee."

"I said, 'Who's going to be the heavyweight?' "

"You," said Beyer with deep laugh.

Beyer is a big man, barrel chested, pug nosed, with beefy hands. His baritone voice is as big as his physique and the breadth of his career.

By his junior year in college, he was being recruited by professional wrestling promoter Ed Don George.

The former Eagle Scout started his pro career as Dick Beyer and wrestled mainly in Upstate New York, finishing out an eight-year Army Reserve commitment and working on the staff of the Syracuse football team, including their national championship year of 1959.

His first year as a pro, 1954-55, a wrestling magazine named him Rookie of the Year.

His travels through his early career took him through Chicago, Ohio, Tennessee and Hawaii.

Then in 1962 he got a call from Los Angeles promoter Jules Strongbow

Beyer made his way to Los Angeles where Strongbow told him the next night he would be wrestling in San Diego, wearing a mask, not as Dick Beyer but as "The Destroyer."

Reluctantly, Beyer did it. He said the moth-eaten mask wasn't very comfortable.

"I wrestled," Beyer said. "I came in. I pulled the mask off. I told the manager, I said, 'Artie, tell Strongbow that was the first and last match for 'The Destroyer.' "

Another wrestler convinced Beyer there was money in wearing a mask and loaned Beyer one of his masks, so Beyer gave it a try.

It fit better and was more comfortable. The mask was made from a lady's girdle, so the next day, Beyer and his wife, Wilma, went to Woolworth's and bought ladies' girdles and she turned them into masks for "The Destroyer."

A few years later, Beyer was offered a six-year wrestling contract in Japan, which he accepted.

He was big in Japan (and he learned to speak fluent Japanese). His matches were televised internationally, including the one that was viewed by 70 million people.

Beyer still conducts an annual wrestling camp in Japan.

In the mid-1980s, Beyer retired from professional wrestling. He became an elementary school teacher in Akron and coached high school football and swimming.

Marchese said it's been one of the thrills of his life meeting and getting to know Dick Beyer. They've become good friends.

He's invited Beyer to his wedding.

"How many people can say they had their idol at their wedding?" Marchese said.

Todd Eric Weaver, 43, of Seven Springs Road, Batavia, is charged with criminal mischief, 2nd, and attempted assault, 2nd. Weaver was allegedly involved with a police pursuit at 5:45 a.m., Friday, when he allegedly used his car to strike a Medina PD cruiser on Skye Road, Tonawanda Indian Reservation, causing damage to the cruiser. Weaver is also accused of striking a mailbox on Skye Road. He was also issued citations for alleged failure to keep right, driving left of pavement markings and moving from lane unsafely. The reported pursuit of Weaver began in Orleans County and ended on Clinton Street Road, Stafford. Following his release from ECMC, Weaver was arraigned and jailed without bail.

Todd Eric Weaver, 43, of 8510 Seven Springs Road, Batavia, is charged with unlawful fleeing a police officer in a motor vehicle, 3rd, criminal possession of a weapon, 4th, criminal mischief, 4th, aggravated unlicensed operation, 2nd, reckless driving, unlicensed operation, failure to yield to an emergency vehicle, improper right-hand turn, open container, speeding and 11 counts of failure to stop for a stop sign. After receiving notification of a vehicle involved in a pursuit with Medina PD earlier in the morning, Officer Thad Mart observed a vehicle matching the description of the earlier pursuit. Mart attempted to initiate a traffic stop in the City of Batavia. The vehicle did not stop and led Mart and responding Batavia PD units on a pursuit. Weaver allegedly drove his vehicle over a lawn on East Avenue causing damage to the lawn. Weaver allegedly drove his vehicle to Clinton Street Road and proceeded north on Clinton Street Road, out of the city and into the Town of Stafford. Sheriff's deputies joined the pursuit. Weaver's vehicle reportedly managed to avoid spikes placed in the road in an attempt to end the pursuit. Weaver's vehicle stopped on Clinton Street Road when it ran out of gas. A .22-caliber rifle was allegedly found in the vehicle. Weaver is reportedly barred from possessing firearms because of a prior felony conviction. Weaver was jailed without bail. Additional charges are pending from the Sheriff's Office, Batavia PD and Medina PD.

Dawn Marie Gagliano, 33, of Broadway Road, Darien, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, open container and criminal possession of a controlled substance. 7th. Gagliano was charged following a one-vehicle accident at 1:52 a.m., Saturday, on County Line Road, Darien. The accident was investigated by Deputy Matthew Fleming.

Philip M. Robinson, 22, Ellicott Street Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Robinson's 2006 Pontiac was located at 2:21 a.m., Sunday, unoccupied with its lights on. Robinson was reportedly located a short distance from the vehicle by Sgt. Greg Walker. Upon investigation, Walker determined Robinson had allegedly been operating the vehicle while intoxicated.

Michael Thomas Coffey, 43, of Heritage Estates, Albion, is charged with petit larceny. Coffey is accused of consuming food at the Yellow Goose in Elba and then leaving with out paying for the food.

Matthew K. Surdyke, 26, of Greeley Street, Rochester, is charged with criminal possession of a controlled substance, 7th, unregistered motor vehicle and uninspected motor vehicle. Surdyke's vehicle was stopped by Deputy Brian Thompson at 5 p.m., Thursday, on Buffalo Road, Bergen, for a passenger allegedly not wearing a seat belt. Surdyke was allegedly found in possession of suboxone.

Lena M. Evans, 25, of 34 Maple St., upper, Batavia, is charged with petit larceny. Evans is accused of shoplifting from Dollar General merchandise valued at $8.64.

Woodrow C. Horseman, 36, of 5049 E. Main St. Road, Batavia, is charged with petit larceny. Horseman is accused of stealing $91.98 in merchandise from Plaza Spirits in Eastown Plaza at 3:42 p.m., Friday. Horseman was located by Officer Eric Dibble on Sunday.

Gregory Seppe, 54, no permanent address, is charged with appearance in public under influence of narcotics or drug other than alcohol. Seppe allegedly had three police contacts in less than four hours early Sunday morning where he appeared to be under the influence of narcotics.

Otis E. Hardy, 54, of Pensacola, Fla., is charged with forcible touching and criminal trespass. Hardy was arrested by State Police at 11:10 a.m., Saturday, at 8204 Park Road, Batavia. Hardy was held in jail. No other details released.

A two-car accident with minor injuries is reported at West Saile Drive and Call Parkway. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:50 a.m.: The accident is not blocking traffic. One car is off the roadway.

UPDATE 11:53 a.m.: A second ambulance is called in for a child, about 4 years old, who is alert and oriented but covered with broken glass. The child was on the passenger side of a vehicle, which was heavily damaged. Extrication of one victim will be required.

UPDATE 12:11 p.m.: The patient has been extricated.

UPDATE 12:25 p.m.: All patients are going to UMMC. None of them had loss of consciousness. One is a 34-year-old female who has neck and back pain. Another is a 5-year-old, who was in a car seat and has no complaints of pain. The third patient is a 42-year-old male driver who was wearing a seat belt and also has no complaints of pain. Town of Batavia is back in service.

Like Hardcor Audio's page on Facebook and register with the contest for a chance to win an XM Snap. Click here. Remember, you must register for a chance to win.

Notre Dame girls dominated the Class D Section V Cross Country Championship today to take the title, and Jeffrey Antolos repeated as a Section V champion in the boys run.

Laurie Call won the Class D girls race with a time of 20:25. Teammates Anna Warner and Emily McCracken came in second and third with times of 20:58 and 21:29. Shelby McGinnis was seventh at 22:15 and Rosemary Flumerfeldt was 11th at 22:56.

Antolos was tops in Class C and CC boys at 16:09.

In Class DD girls, Oakfield-Alabama's Kerry Mills was third at 21:08.

Photos submitted by Bare Antolos.

Baskin Livestock on Creek Road had a couple hundred guests today for an open house and pig roast.

Above, Bill Baskin, center with hat, talks with his father and some guests.

Previously: Baskin Livestock blossomed from a good idea, labor and luck

We sent a single question to the three candidates for Batavia City Council.

We asked, "What is one thing you can do on city council to make life better for Batavia residents?"

Here is the answer from Brooks Hawley:

I will be accessible to the City of Batavia residents anytime there is a problem or question they have about the city. It is important for me to encourage city council as a whole to be more visible in community activities and events. I believe in keeping taxes at a reasonable rate therefore residents are able to have more money to spend on their family needs and household expenses.

Here is the answer from Laura Russell-Ricci:

This is such a great question because you have to really dig deep, or at least I did. For me I believe I can make life better for Batavia residents by being accessible to their needs and advocating for them. I'm not sure how many politicians realize they work for the people they represent, but I do and I would.

We did not receive a response from Jim Russell.

UPDATE: Below is Russell's response.  He apologized for missing the deadline, but said he doesn't check his personal e-mail account on a daily basis.

I believe what I bring is experience to the council, experience I have gained from working with previous council members and administrations. I have worked with four different administrators and councils. I have seen how you can enhance the process of government and how you can make it more difficult. My experience can help get the job done (hopefully) faster and and less costly, also sometimes I can see where something won't work at all.

Tonight, I stopped by Batavia High School to get some shots of the backstage scene for the opening of "Guys and Dolls" -- one of the greatest Broadway shows ever -- the last Batavia Rotary show ever.

Tickets are $10 and there are shows at 7 p.m., Saturday and at 2 p.m, Sunday.

Scott Levensailor, owner of the Grease Lightning and Castrol Premium Lube locations in Batavia, and his staff member Josh hold cans of donated spaghetti.

The two stores -- 4003 W. Main St., Batavia, and 50 Liberty St., Batavia -- are accepting canned good donations this holiday season in support of the "Give to Live" program. The donations will provide food to needy families through the Salvation Army.

Each canned food item donated will mean a $10 coupon for customers on their next oil change.

Southside Deli will be providing a donation of several cans latter this week to help kick off the drive.

Levensailor took over the stores Sept. 1 and he said one of his goals is to make sure local residents know he wants the businesses to be connected to the community and for customers to know they can rely on his shops for fast, friendly and honest service.

He said he wants to run the kind of business that is built on trust.

"My business philosophy is I want every parent in town to feel they can send their daughter to me and know she’s going to be treated fairly with no tricks that are going to drain her of her pocketbook."

A large buck was reportedly spotted in Eastown Plaza on East Main Street.

The buck reportedly hit the window at the Social Security Office and then ran behind the DePaul Center.

The window was not broken and a dispatchers advises Batavia PD, "apparently not injured, so we're probably going to get more calls."

UPDATE 11:36 a.m.: Turns out the window is broken.