batavia

Joseph A. Monkelbaan, 40, of Tesnow Road, Akron, and David J. Albright, 51, of Meadville Road, Basom, are charged with trespass. Monkelbaan and Albright are accused of trespassing on property on Wright Road, Alabama, while riding ATVs.

Gregory Angel DeJesus, 21, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:25 a.m., Wednesday, and jailed on $250 bail.

Mickey Harlen DeJesus, 23, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:50 a.m., Wednesday, and jailed on $250 bail.

Darik R. M. Orbaker, 19, of 12 Elm St., Batavia, is charged with criminal contempt, 1st. Orbaker was allegedly observed with a person protected by a "stay away" order.

Genesee County will be well represented in the 8th Annual Scotty Bowman Showcase, a hockey tournament sponsored by the Buffalo Sabres, with five local players making the junior and senior squads.

Named to the teams are three players from Notre Dame High School-- Zach Blew, Tyler Kessler and Brett Perfitt -- and two from Batavia HS -- Tom Grammatico and Josh Marr.

The games will be played March 20 at First Niagara Center. Tickets for the event are $5.

The first game begins at 6 p.m. and pits all-star squads from Buffalo and Rochester made up of players in their junior year of high school.

The senior game is at 7:30 p.m. and the winner of that match will be awarded the Bowman Cup. Buffalo has a 6-1 advantage in the tournament.

All five Batavia-area players will be on the Rochester teams.

Scotty Bowman, a former head coach, notched more NHL wins than any coach in history. The coach will be on hand to present the Bowman Cup to the winning team.

Notre Dame Head Coach was also named a Bowman team coach.

One of the two men charged in a pair of burglaries in September entered a guilty plea in Genesee County Court today and faces up to 10 years in prison.

Michael J. Hilton, 20, a former Le Roy resident, entered a guilty plea to burglary, 2nd. He had also been charged with grand larceny, 4th.

According to District Attorney Lawrence Friedman, Hilton faced two additional burglary charges -- a break-in at 39 Trumbull Parkway and one at 36 Williams St. -- but his office won't file those charges as part of the plea agreement.

Under the plea agreement, Hilton waived his right to appeal and agreed to pay an unspecified amount of restitution to his victims.

However, in order for the two uncharged burglaries to be included in any restitution total, the DA's office would need to file charges in those cases. Friedman told Judge Robert C. Noonan that is possible, though the charges would not figure into Hilton's sentencing.

Hilton can't receive more than 10 years in prison, under the terms of the agreement. Sentencing is set for May 9.

Hilton was arrested with Kurt Hawkins following a pair of break-ins on Williams and Swan streets, Batavia, in late September.

Hilton and Hawkins reportedly entered an occupied residence on Swan Street.

Hawkins was sentenced Monday on burglary and assault convictions to nine years in prison.

A warrant was issued in Genesee County Court today for a woman involved in a one-car rollover accident March 8 and expected to be released from Strong Memorial Hospital today.

Michelle Crawford, who in 2009 was the first person in Western New York charged with felony DWI under "Leandra's Law," was placed on the court docket for an alleged violation of probation.

"I would request a warrant," said Assistant District Attorney Will Zickl, "especially considering the circumstances that required her appearance, which included drinking and driving and getting into a serious motor-vehicle accident."

No charges have been filed related to the March 8 accident. The Sheriff's Office is awaiting results of blood tests before determining what, if any, charges are filed.

According to attorney William Harper, of the Public Defender's Office, Crawford was taken out of the intensive care unit yesterday.

Crawford will require ongoing medical care upon her release from the hospital, but Zickl said outside of court that if she is arrested and jailed, the jail can provide for her care.

Reportedly, Crawford's jaw has been wired shut.

The 26-year-old Batavia resident has three children and was arrested for alleged DWI in November 2009. Her children were reportedly in her car at the time of her arrest, making it a felony DWI under a fairly new law that made driving while drunk with children in the car a more serious crime.

However, in a bench trial in Erie County, Crawford was acquitted of the felony charge and convicted of driving while ability impaired and three counts of endangering the welfare of a child.

PepsiCo and the Theo Muller Group -- partnering on Project Wave in Batavia -- will receive more than $11 million in tax relief for the planned yogurt plant in the Genesee Valley Agri-Business Park.

The incentive package was approved by the Genesee County Economic Development Center Board on Monday.

The PILOT on the project -- relief from taxes on the increased value of the assessment -- is 100 percent for the first six years and 50 percent in years seven through 10.

The total PILOT abatement is estimated at $5.6 million over 10 years.

The companies will also receive $5.4 million in sales tax abatement on materials and supplies for construction of the facility.

The project will add 186 new jobs to the local economy, and early planning for the plant projected as many as 600 jobs by 2033.

Wave Holding, LLC (the company formed by Pepsi and Muller for the project) will spend $206 million on construction of a 363,000-square-foot facility.

Construction on the project began in November.

The agreement calls for the first 186 jobs to be filled within three years of Wave Holding receiving a certificate of occupancy.

GCEDC competed with shovel-ready sites in Avon and Pennsylvania.

According to a GCEDC press release, for every $1 invested by Waving Holding the local economy will benefit by $14.47.

Summary of the school board meeting provided by Batavia City School District:

Highlights from the BCSD Board of Education meeting on March 12, 2012:

Parent Shares Concern Regarding Consolidation
A parent addressed the Board of Education, voicing concerns regarding the proposals for consolidation and cutting programs. In regard to consolidation, her concerns were about people losing their jobs and about test scores decreasing as class sizes increased. In addition, claiming that Batavia is growing, she felt the District will need to reverse the decision soon in order to accommodate an increase in students. In regard to cutting programs, she also cited concern for people losing jobs, keeping students involved in productive activities, and providing students withoutlets for accomplishments that enhance their college applications. Her recommendation was to avoid consolidation and cuts to programs, move administration functions to the Middle School (rather than fifth graders), have a voluntary pay freeze, and have staff increase their portion of paying for benefits to 20%.

Students Voice Support for Music Department
Five students addressed the Board to show support for the Music Department. In addition to mentioning the fun and enrichment of participating in musical productions and performances, several emphasized that the District’s music program had helped them identify what they wanted to pursue as a career and had offered opportunities for achievements and recognition that helped them stand out on college applications. Two are pursuing careers in music, with one majoring in Music Education and Performance at Ithaca College, and the other majoring in Fine and Performing Arts at Genesee Community College. Noting that cuts were made to the music department during the past two years, several mentioned that, although they were graduating, they would like underclassmen to have the same opportunities to grow in skill and confidence that they were given. All were particularly grateful and complimentary to music teacher Daniel Grillo, who they said has been an inspiration and mentor as well as a skillful teacher of music.

Update on 2012-2013 Budget Preparation
Business Administrator Scott Rozanski provided an update on the District's preliminary spending plan for the 2012-2013 school year, presenting a “roll-over” budget, or one in which minimal adjustments to the services provided in 2011-2012 (current)school year were made. This roll-over budget amounts to $40,622,313.

As noted previously, one significant change in expenses is an accounting change which affects the budget total but not the tax levy: in the past, instead of budgeting for such expenses as post-retirement and unemployment, those items were charged directly to the reserve funds - regarded somewhat as a sidebar to the budget. Now both are added into the budget figures as both an expense and a revenue, creating a larger number in both columns but no impact on the tax levy. Partly as a result of the accounting change, the budget shows an increase in expenses of $1.256 million or 3.19% over the current 2011-2012 school year. When the accounting change (which represented about two-thirds or $850,000 of the increase), is factored in, the real increase is about $403,000 or 1%.

The consequent tax levy needed to close the gap between roll-over expenditures and lessening revenue from such sources as State Aid, shows an increase of$980,957, or 5.515%. This amount is well over the District’s tax cap limit or threshold of 2.59%.

As mentioned in previous reports and news articles, the Tax Cap legislation is referred to as a 2% Tax Cap, when in reality, the “2%” figure is only one of the factors used in an eig determine each school district's and municipality's allowable tax levy increase that requires simple majority approval. Anything over that allowable limit or threshold requires a supermajority (60%) voter approval to pass. The School District’s Tax Cap Threshold is 2.59%; any higher increase requires a super majority of voter approval.

In order to bring the budget down to within range of a 2% to 2.59% tax levy increase, between $520,074 (for the 2.59% threshold) and $625,241 (for a 2% limit) would need to be cut from expenditures.

In providing direction to Mr. Rozanski on how to proceed with the budget, Board members agreed that preserving programs to whatever extent possible was a high priority. With that in mind, they opted to support a budget that does not exceed the allowable threshold increase of approximately 2.59%. This, they noted, will still require cuts totaling slightly more than a half-million dollars.

Board of Education Legislative Committee Chairperson Patrick Burk indicated that members of the NYS Assembly are working to restore approximately $178 million in aid through a more equitable basic Foundation Aid formula, while members ofthe NYS Senate or working to earmark $200 million in Gap Elimination Adjustment aid. Whether either of those efforts will succeed is unknown, and our budget preparation uses the projected figures released by the governor’s office.

School Consolidation Update
Superintendent of Schools Margaret Puzio requested that the Board provide direction on the much-discussed consolidation of schools. Weighing the difficulties and reluctance expressed by some families affected by the change against the educational efficiency and benefits of having grade levels in the same building and the financial benefits of being able to preserve more programs for students, the Board adopted the following resolution:

WHEREAS, the Batavia City School District has invested heavily in its facilities as an important vehicle through which it delivers its quality educational program; and
WHEREAS, Board of Education is charged with ensuring that District buildings are being deployed in the most efficient manner in order to provide the best possible educational opportunities for students at the lowest possible cost; and
WHEREAS, the Batavia City School District Board of Education has officially established the Buildings and Grounds Committee as a sub-committee of the Board to make recommendations regarding the condition and use of District facilities; and
WHEREAS, the Buildings and Grounds Committee is composed of a number of individuals including Board of Education members, District administrators, and a certified architect; and
WHEREAS the Batavia City School District Board of Education referred to the Buildings and Grounds Committee (June 7, 2011) the review of a possible building consolidation process that included the possible closing and reorganization of specific buildings for the purpose of increasing efficiency and reducing operational costs; and
WHEREAS, at various times public forums were held to obtain community input related to multiple options for building consolidation; and
WHEREAS, a final report was presented by the Buildings and Grounds Committee to the Board at the February 6, 2012 meeting, recommending the clustering of elementary grades Pre-K through 4 in two elementary buildings and 5th grade at the Batavia Middle School; and WHEREAS, the Board of Education has determined that it is in the best interest of the community to adopt the recommendations contained in the Batavia City School District Consolidation Feasibility Study.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS - the Robert Morris Elementary School shall close effective June 30, 2012, and Jackson Elementary will be converted to a facility housing primary students in grades Pre-K through 1, and John Kennedy Elementary will be converted to an elementary facility housing students in grades 2through 4, and 5th grade students will be educated at the Batavia Middle School. District administrators and necessary to effectuate the assignment of affected students who previously attended each school to another school building. While details of the plan have yet to be worked out, parents who are registering their child(ren) for kindergarten are still asked to so at their neighborhood elementary school.

Superintendent’s Report Superintendent of Schools Margaret Puzio reported briefly on several other items:

* Petitions     for election to one of the seats on the Board of Education are now     available and can be picked up in the Administration Building’s Business     Office. * Student     Artwork is on display in Richmond Library, with a celebration of the     artists scheduled for this Friday at 6:50 p.m. * The     Administration Building, currently up for sale, has had many showings,     much interest, but no offers to date. * There     have been inquiries about utilizing one of our school buildings if     consolidation was to take place; now those inquiries can be pursued. * Friday,     March 16, will be a full day of staff development, with the focus being on     implementing the new Common Core State Standards (CCSS) adopted by NYS.     The Staff Development focus will be on Common Core Literacy, with specific     attention on “Deconstruction of Common Core Standard” for identifying     learning targets, cognitive load, learning progression, and daily objectives;     “Close Reading” for making sense of complex text; “Building Academic     Vocabulary” for acquiring and comprehending more sophisticated vocabulary;     and “Writing to Respond to a Text-Dependent Prompt” for attending to persuasive and explanatory writing that utilize reasoning and evidence,   organized in logical ways. (The Common Core State Standards Initiative     is a state-led effort coordinated by the National Governors Association     Center for Best Practices and the Council of Chief State School Officers. The     standards were developed in collaboration with teachers, school     administrators, and other experts, to provide a common understanding of     what students are expected to learn, and a clear and consistent framework     to help all children become well-prepared for college and the workforce     through rigorous content and application of knowledge through high-order skills.)

Post-Graduation Report
Administrator of Student Assessment/Data Analysis Pam Buresch presented a summary of the District’s Post-graduation Report, obtained through working with the National Students Clearinghouse (NSC), a not-for-profit organization that tracks student enrollment in colleges. Ms. Buresch noted that tracking this information helps the District evaluate our academic programs and curriculum to assess their value in helping District students to be college andcareer ready, to align coursework with college and work expectations, and toensure a rigorous curriculum where students are prepared to succeed in a global economy and society. NSC tracks such things as the percentages of college enrollment; the timetable for enrollment (immediately after graduation orlater); the types of institutions attended - public or private, two-year or four-year; whether the institutions are in-state or out-of-state; the rate of freshman to sophomore year “persistence” (whether students return after freshman year); degree completion rates and timetables; and the most common institutions for enrollment.

Some ofthe findings indicate that college enrollment is typically in the mid-70% range, that our students are more likely to enroll in public institutions, aremore likely to enroll in-state, that enrollment has been higher for four-year institutions than two-year, and overall persistence rate is about 85%.

For more details, the full National Student Clearinghouse report is available on theBatavia City School District web page: http://www.bataviacsd.org/documents.cfmby clicking on the file folder labeled “District Forms and Publications,” then on the file folder labeled “District Information,” then on the document labeled “National Student Clearinghouse Graduation Report.”

District Calendar for 2012-2013
Deputy Superintendent Christopher Dailey announced that the calendar committee finalized the District Calendar for 2012-2013. It is available on the District’s website.

News from Batavia High
Student Ex-Officio Board Member Taylor Harkness reported to the Board that auditions for the High School play are scheduled, and that spring sports are starting. She also passed on a request that the Board look into inequity of improvements that have been made to the VanDetta Stadium site, noting that the boys’ locker room has received some updates and cosmetic improvements while the girls ’locker room has not, and still has, for example, only one bathroom stall. The matter was referred to the Buildings and Grounds Committee which will meet next week.

A grass fire is reported just south of 4826 Ellicott St. Road. It is blowing across the roadway. Town of Batavia Fire Department is dispatched.

UPDATE 3:40 p.m.: Nothing was found. One engine is continuing to check the area. The other responding unit is returning to quarters.

UPDATE 3:47 p.m.: This may have been a lot of dust blowing around, which can give the appearance of smoke, according to a firefighter. They checked the area from the viaducts all the way to Batavia Town Line and Bethany Center roads and found no indications of fire. Town of Batavia is back in service.

A car has reportedly struck a pedestrian in the parking lot of Tops Market, located at 390 W. Main St. in the City of Batavia. There are injuries. City fire and Mercy medics are responding.

UPDATE 12:59 p.m.: A responder on scene reports there is no damage to the vehicle and the pedestrian is being treated at the scene by Mercy medics.

UPDATE 1:09 p.m.: City fire is clearing the scene. The patient is being taken to UMMC.

A 26-year-old Batavia mother of three young children who was among the first people in the state arrested in 2009 under "Leandra's Law" avoided a felony conviction in that case, reports WHAM 13's Sean Carroll.

Following her conviction on a single count of driving while ability impaired, Michelle Crawford also wasn't required to drive a car with an interlock ignition device.

Crawford was seriously injured in a single-car rollover accident in Byron last week and investigators say charges are pending in that case.

Erie County Judge William Boller who convicted Crawford of DWAI and three counts of endangering the welfare of a child, berated Crawford for putting her children in harm's way and then sentenced her to 60 days in jail and probation, according to video in Carroll's report.

At the time of the December 2009 arrest, Crawford's three children were 4, 3 and 17 months old.

"Leandra's Law," named after a little girl killed in a car crash involving an allegedly drunken driver, makes it a felony to drive drunk with children 15 years old or younger in the car.

The law also required anybody convicted of drunken driving to have an interlock ignition -- designed to keep a person who has alcohol on his breath from starting a car -- on any car the person might drive.

Carroll reports that Crawford was convicted of DWI in 2007 and that her license was revoked in 2009.

The car she reportedly drove March 8 was registered to a Batavia man whom Carroll reports Crawford was living with. Carroll said the car's owner was sleeping when Crawford allegedly took the car and he didn't know about the accident until seeing news reports the following morning.

Crawford's children are reportedly living with relatives in Erie County.

Mason Dumbleton, 20, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, unsafe speed, unsafe lane change and unlawful possession of marijuana. Dumbleton was reportedly involved in a motor-vehicle accident on Route 20A in the Town of Perry at 10:30 p.m., Saturday. Dumbleton's vehicle reportedly left the south side of the road, struck a driveway culvert and a utility pole causing it to go airborne. The car landed on its roof. Dumbleton reportedly suffered minor injuries and was treated at the scene.

Daniel Norman Brown, 39, of Lake Street, Le Roy, is charged with criminal contempt, 2nd. Brown is accused of placing a phone call to a person he is barred from contacting. Brown was also arrested the day before, on Sunday, and charged with harassment, 2nd. Brown was accused of grabbing a woman and pushing her down.

Enoch Ronald Cole, 61, of Lake Street Road, Le Roy, is charged with harassment, 2nd. Cole allegedly punched another person in the back.

Kevin James Hodge, 28, of Valley View Drive, Batavia, is charged with petit larceny. Hodge is accused of stealing $66.21 in merchandise from Kmart.

Kathryn Ann Tordy, 45, of Sheriden Drive, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, improper left turn and failure to keep right. Tordy was stopped at 12:34 a.m. Saturday on Remsen Road, Pembroke, by Deputy Kevin McCarthy.

Daniel Jay Balduf, 20, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and insufficient tail lamps. Balduf was stopped at 3:35 a.m. Saturday on Angling Road by Deputy Kevin McCarthy.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens allegedly entered and remained unlawfully in a hotel room.

Jill Ann Fulater, 59, of Shepard Road, Batavia, is charged with DWI, driving left of pavement markings and improper right turn. Fulater as stopped by Deputy Kevin McCarthy at 4:20 a.m. Sunday on Route 63, Batavia, following a complaint of an erratic driver.

Timothy Ryan McJury, 24, of Madison Street, Batavia, was arrested on a bench warrant for petit larceny. McJury was arraigned in Town of Batavia Court. McJury was arrested on a city court warrant for parking violations. McJury was jailed on $1,000 bail.

A 17-year-old resident of Warboys Road, Byron, is charged with unlawful possession of marijuana, speeding (75 mph in a 55 mph zone) and driving on a junior license (state Class DJ) after 9 p.m. and driving on a DJ license with two or more passengers under age 21. The youth was stopped at 1:13 a.m. Sunday on Buffalo Road, Bergen, by Deputy Timothy Weis.

A man accused of taking part in a couple of Batavia burglaries in the early fall was apparently sorely disappointed in the nine-year sentence handed down by Judge Robert C. Noonan today.

Kurt H. Hawkins Jr., 18, who has no permanent address, uttered a mild profanity and refused to sign about a half-dozen orders of protection documents when Noonan had them presented to him.

Noonan warned Hawkins such behavior wouldn't look good on his record at any future parole hearing, but Hawkins slumped in his chair and still refused to sign.

A month ago, Hawkins admitted to burglary, 2nd, and assault, 2nd.

The assault charge stemmed from an attack on an inmate in the Genesee County Jail following his initial arrest.

Noonan noted just before pronouncing his sentence that while Hawkins had no prior criminal history, he had shown a propensity for violence and the attack in the jail was of particular concern.

Noonan also reminded Hawkins that he was lucky, maybe, to be alive.

"I recognize your history and the fact that fortunately nobody was hurt in (the burglaries), but it could have been you (who was hurt)," Noonan said. "A lot of people keep protection in their homes and they would have been perfectly justified under the law to use it. It could have been you dead on the floor of that bedroom."

A woman was reportedly home, alone, in her bedroom when Hawkins entered the house.

Hawkins and his attorney Jerry Ader blamed his conduct on abuse of drugs and alcohol.

"He could have quite a future ahead of him if he just applies himself and avoids drugs and alcohol," Ader said. "Obviously, a prison sentence will help him do that, but it's just a question of how long."

In court, Hawkin's only statement, other than his refusal to sign, was, "I feel bad for the woman when I ran into her."

A 22-year-old Batavia man who pleaded guilty to a conspiracy to commit murder charge well as other felonies will spend from two to six years in state prison, Judge Robert C. Noonan ruled today

Justin Z. Barker, of North Lyon Street, previously admitted to criminal possession of a controlled substance, 5th, and burglary, 3rd, but entered what's known as an "Alford Plea" in the murder-for-hire case, which means he didn't admit to the actual crime, just that he would probably be convicted if the case went to trial.

The burglary charge stems from a 2009 break-in at the Beaver Brothers Restaurant at Darien Lake Theme Park in which Barker and an accomplice got away with more than $7,000 cash. Baker was the driver and got to keep half the cash, according to courtroom discussion today.

The drug charge stems from Barker's arrest June 2 after management at a hotel complained about unpaid hotel guests who wouldn't leave.

Barker's brother, 25-year-old Derrick, fled on foot and was captured in a field across the Thruway from the hotel.

Also arrested June 2 was Benjamin Santiago Jr., 22, of North Lyon Street, Batavia.

Santiago allegedly had 70 bags of heroin in his backpack. A quantity of cocaine was found in the room, too.

Barker's defense attorney, Jerry Ader, sought to make technical clarifications to the record in court. Ader maintained that Barker was in no way involved in the misuse of a credit card involving a person not, apparently, associated with the case, and that Barker did not possess heroin.

Noonan struck the name of the woman with the credit card from the report on Barker, but let the information on heroin stand.

Ader said that such clarifications are important when a prisoner comes up for parole.

The other clarification was the name in the report on the purported target of the murder conspiracy. A woman's name was taken out and Benjamin Santiago's name inserted.

Assistant District Attorney Will Zickl pushed for the maximum sentence available under the plea agreement -- two- to six-years in prison) because of the seriousness of the conspiracy charge and the multiple criminal accusations in Barker's file.

"The defendant has committed or participated in drug crimes, crimes of domestic violence, property crimes, crimes of personal dishonesty and of course, the conspiracy," Zickl said. "I submit the conspiracy was substantial and was frankly quite far along in the process at the time of his plea -- money had exchanged hands."

Ader argued that many of the alleged crimes mentioned by Zickl were not anything Barker admitted doing, and that's why he didn't plead guilty to the other charges.

Ader noted that Barker, who had no prior felony convictions, had been through a series of misfortunes, including the sudden death of a daughter that led Barker to get involved with drugs.

"All of this set him off in a direction that wasn't helping, not helping for the community and not helping for himself," Ader said.

When asked to speak, Barker said, "I regret my actions. I wasn't thinking clearly when I did what I did. I'm sorry for everything I did."

Noonan responded, "Not thinking clearly is a pretty good defense to a lot of things, but it's not a good defense to conspiracy to commit murder. It's absolutely baffling that there could be anything that could make you think your conduct in this case is anything you could lead you to say just, 'I'm sorry.' "

The third member of a trio of men who brutally assaulted a Batavia resident and caused him to lose an eye will spend seven years in prison, Judge Robert C. Noonan ruled this afternoon.

The attorney for Timothy Andrews, 21, of 144 Bank St., Batavia, argued that Andrews didn't enter the apartment with his brother and Christopher Preedom but Noonan said he didn't believe the assertion.

"If you wanted to refute the allegation that you went into the apartment, you should have gone to trial," Noonan said.

Earlier, District Attorney Lawrence Friedman said that both the victim's statement and the statement of a witness indicated all three men, including Timothy Andrews, entered the apartment.

"This defendent and his brother beat (the victim) on the front and back of his head with coffee mugs and the victim said he suffered skull decompressions as a result," Friedman said.

As Friedman spoke, Andrews looked back at the 20 or so family members and friends gathered in the courtroom and shook his head, "no."

When Noonan pronounced sentence, several women in the group burst into tears and several people were crying as they filed out of the courtroom after the sentencing.

Andrews told Noonan that whatever sentence Noonan imposed, he would use the time to learn and be a better person, the kind of person he thought he would become when he was little.

"I'm going to learn better skills and get an education," Andrews said. "Whatever I get today is something I'm going to have to accept and move on with my life."

On Dec. 19, Andrews entered a guilty plea to attempted burglary, 2nd, for his part in the attack of a resident of Woodstock Gardens Apartments.

Andrews reportedly said in a probation report that he only went along to protect his brother, 19-year-old Kevin Andrews, because he thought there would be trouble. He reportedly said he knew Christopher Preedom,18, of 21 Holland Ave., Batavia, the lead assailant, was really mad at the victim.

Preedom received a 12-year prison term and Kevin will spend seven years in prison.

The search for the bodies of two missing Oakfield men who presumably mistakenly jumped into the Genesee River will continue this week, according to the lead investigator on the case.

Senior Investigator James J. Newell of Rochester, Troop E, said with the water temperature still low, it's harder to locate the bodies of the two men, but as it warms up later this week, the State Police helicopter will conduct an air reconnaissance.

David King, 54, and Michael King, 46, have been missing since Feb. 19.

Newell said investigators do not suspect foul play and there has been no activities on the cell phones, debit cards or bank accounts for either brother since then and nobody has reported seeing them.

The brothers went missing after David left Strong Memorial Hospital following an a minor accident on the I-390.

David was charged with reckless driving after his car hit a guard rail.

He was transported to the hospital where he was treated and released for minor injuries. David's brothers Michael and Daniel picked him up and drove him back to his car on the I-390.

Newell said Daniel has been interviewed numerous times and his story has remained consistent. He dropped off his brothers and watched them run and jump over the jersey barrier. He didn't see them after that and tried calling their mobile phones several times.

"They checked out of the hospital at 9:03 (p.m.) and there was cell phone activity shortly after that and then none," Newell said. "That would be consistant with their phones going dead."

Newell said the evidence available so far is consistent with the theory that the brothers jumped the barrier without being aware of the river below.

"If you go to that spot at night and there's no street lights, you might think you can jump the jersey barrier and take five or six steps and make it to the other side," Newell said. "You wouldn't realize there's a 70- to 100-foot drop to the river."

Troopers have deployed the helicopter, sonar and divers in an effort to locate the King brothers, including a two-day search with divers, and all search results have been negative, Newell said.

A fully involved car fire is reported in the eastbound lane of the Thruway at mile marker 391.2.

It's unknown if there are any injuries, so Mercy EMS dispatched as a precaution.

Town of Batavia Fire Department dispatched.

UPDATE 7:52 a.m.: The location is just behind the Home Depot off Veterans Memorial Drive. Image Source, New York State Thruway.

UPDATE 8:37 a.m.: Town of Batavia back in service.

Batavia City School District officials are trying to use the posting of a video on Facebook of two middle school girls fighting as a "teachable moment," according to Deputy Superintendent Christopher Dailey.

He met with reporters from area TV stations Friday afternoon to answer questions.

Dailey admitted there were things he would rather do on his Friday afternoon than meet with the media over a little dust-up involving student conduct, but was hopeful that lessons can be learned from the incident.

"It's a teachable moment about what not to do on Facebook," Dailey said. "Unfortunately, in this day and age when something is out there online, it doesn't go away, even though we acted very quickly to get it removed.

"There is the potential for ongoing (problems). We don't want anything out there to come back and harm kids later on."

Getting the "Batavia Fights" page removed from Facebook was a combined effort involving the school district, Batavia PD, along with the cooperation of the parents of the child who created the page and the staff at Facebook, Dailey said.

"In this case, somebody let us know last night (about the video)," Dailey said. "Even if we hadn't learned about it last night, we would have found out about it today. We have wonderful kids in Batavia. We have kids who really care about their community."

There is a constant effort in the schools, Dailey said, to educate children about the pitfalls of online behavior.

"It's a new media and we try to teach them the right way to handle it," Dailey said.

The district is still investigating the incident and officials have yet to determine if the fight was staged for the benefit of a video camera or if it was a spontaneous fight.

Two middle school girls were involved in the fight and they suffered minor bumps and scrapes, according to Dailey.

At this time, officials don't believe the fight was related to any specific ongoing bullying issue, but officials were concerned that if the video stayed on Facebook, it might lead to harassment and bullying.

The fight occurred just after dismissal at the middle school, Dailey said, and in the 26th second of the video, a teacher at the school is seen arriving and intervening.

"Facebook is a blessing and a curse," Dailey said. "I used it for the reunion of my high school class and it was wonderful. When not used correctly, it can be hard for kids to handle."

The video was captured by WBTA's Geoff Redick before it was removed. The version below was altered by Redick to obscure the faces of the youngsters involved.