batavia

Jonathan Donnie Laverne, 47, of Council House Road, Alabama, is charged with assault, 3rd, unlawful imprisonment, 2nd, and criminal mischief, 4th. Laverne is accused of biting the face of another person during a domestic incident Jan. 17. Laverne allegedly took the mobile phone of the person and prevented the person from leaving or calling for help. Laverne was jailed on $5,000 bail.

Gregory Seppe, 53, of North Spruce Street, Batavia, is charged with five counts of criminal possession of a controlled substance, 7th. Seppe was arrested following a report at 10:22 p.m., Monday, of a man causing a disturbance at the Arrow Mart store on Clinton Street Road, Batavia.

Andrea Linda Kempisty, 23, of Lovers Lane Road, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to stop at stop sign, failure to yield right of way at stop sign and moving from lane unsafely. Kempisty was stopped at 2:17 a.m. Monday on Route 5, Batavia, by Deputy James Diehl.

A suspected crack dealer from Rochester was taken into custody Monday on Buell Street by members of the Local Drug Enforcement Task Force.

Nekia "Nick" Newton, 35, of Duran Street, Rochester, was allegedly found in possession of a quantity of crack cocaine.

He was charged with two counts of criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 3rd, and aggravated unlicensed operation, 3rd.

Following arraignment in Batavia City Court, Newton was jailed without bail.

Task force members located Newton's car on Buell and as they approached, he reportedly got out of the vehicle and started walking toward a residence.

Newton was reportedly wanted on a pending charge of selling crack cocaine.

Assisting in the arrest were the Batavia PD and Sheriff's deputies.

Batavia City Council members deserve a pay raise, veteran Council Member Rose Mary Christian said to kick off Batavia's budget session Monday night, according to WBTA.

Christian, who represents Ward Six, didn't say how much the raise should be and apparently there wasn't much support from the nine-member council, which includes six new members.

Currently, council members are paid $2,000 per year.

The council is reviewing a proposed budget that would raise property taxes 4.2 percent and also increase water rates and fees more than $13 a year for the average customer.

Top executives from Alpina Products were in Batavia on Monday touring the site of their future Greek yogurt plant in the Genesee Agri-Business Park, and they heard from Jim Billington, project manager, that construction is right on schedule.

A mild winter has certainly helped, Billington said.

"We've been pouring concrete every day, and according to some of the locals, that's quite unusual," Billington said. "We've been trying to take advantage of that."

CEO Julian Jaramillo (top photo, left) was all smiles during the tour and nodded enthusiastically when Managing Director Carlos Ramirez (top photo, right) said they consider it a good sign that Project Wave is under construction (The Batavian has previously reported Project Wave appears to be the work of PepsiCo).

"It says we made a good decision in coming here," Ramirez said.

He added that with the milk supply, the transportation, the labor pool and now the chance to be in a location with a complimentary business will only benefit Alpina and could lead other yogurt makers to come to the same conclusion.

"I think developing a yogurt cluster is a really good idea – the Silicon Valley of yogurt," Ramirez said.

With Jaramillo and Ramierz was Alpina' Colombia General Manager Ivan Lopez, who was seeing the location for the first time.

"It’s going to be great," Lopez said. "We have a huge operation in Colombia and when I see this, we can see the future in United States. I think we can do good things here, just like in Colombia."

The 40,000-square-foot plant should open in early spring and initially employ 50 people, with the first shipment of product going out in June.

Ramirez said Alpina remains excited about the opportunity to sell Greek yogurt in the United States.

"It’s one of the few categories where America is an emerging marketing," Ramirez said. "It's grown like crazy over the past three or four years and we think there is still room to grow."

For previous Alpina coverage, click here.

Press release:

Java Farm Supply is expanding its operations to the City of Batavia by subleasing the entire two-plus-acre property located at 45 Center St., formerly known as United Rental. Java Farm Supply will be hiring up to 15 sales and service employees for this new tractor dealer location. Renovations to the property will begin immediately in preparation for a late February opening.

“I have been working to secure this lease for a while,” said Tony Mancuso, of Mancuso Commercial Realty. “We are really happy to be filling another vacant downtown building and creating jobs. It’s a win-win for everybody.”

Java Farm Supply represents more than 20 different brands of new and used farm equipment from advanced agriculture machines and compact tractors to lawn and garden equipment.

“Opening the Batavia location is a leap of faith for us,” said John Bookmiller, owner/partner. “Our business has grown steadily but, it is still a big commitment for our family-run operation.”

Mancuso Commercial Realty coordinated the transaction with help from the Genesee County Economic Development Center and the Batavia Development Corporation. City Manager Jason Molino also helped the process by highlighting the favorable zoning and daily drive-by traffic counts at the corner of Ellicott and Center streets. The summer farmers’ market across the street from the site was also a factor in closing the deal.

"The GCEDC is excited to have assisted Java Equipment on securing a site for their expansion into Genesee County", said Chris Suozzi, VP Business Development for GCEDC.  "It's a perfect use of the former United Rentals building in the City of Batavia."

Java Farm Supply has been in business since 1951 in North Java, Wyoming County, and currently employs 25 people representing two locations. The first company expansion was the opening of a sales office in Yorkshire, Cattaraugus County. The City of Batavia will host Java Farm Supply’s third sales office as well as the company’s second equipment servicing location.

Both the Batavia Development Corporation and the GCEDC are likely to support the project through financing and/or tax exemptions.

Interested job seekers should visit www.javafarmsupply.com to download an employment application.

Whatever drama there was at the Town of Batavia Court today, it was all outside the Town Hall building, both before and after Jacquetta Simmons made her appearance there.

This was the first appearance for the 26-year-old Simmons following her initial arraignment Dec. 23 on two felony counts of assault, 2nd.

Simmons is accused of punching a 70-year-old Walmart employee in the face on Christmas Eve, knocking her several feet across the floor and causing facial fractures.

Television crews from Rochester and Buffalo were on hand for her appearance. After the crews milled about for nearly an hour waiting for her after her scheduled 2 p.m. appearance, several supporters of Simmons pulled up in a sedan and came out of their car and shouted, "Jesus saves!" -- with one member of the group reading aloud from a Bible while waiting for Simmons' arrival.

When Simmons did drive up, the supporters met her at her car, covered her with a jacket and formed a human shield to escort her into the Town Hall building.

Television cameramen tried to position themselves to get a shot of Simmons who had her face covered (listen to audio courtesy WBTA of the jostle).

In court, Simmons' case was called quickly after an attorney, Jerry Ader, from the Public Defender's Office, conferred with her.

Ader was filling in for Public Defender Gary Horton. Ader told Justice Michael Cleveland that Horton had not yet had conferred with Simmons. The case was continued until 2 p.m., Feb. 27, so Horton and Simmons can talk before she enters a plea.

Simmons left by a side door, and in the parking lot, a couple of Simmons' supporters decided to address the media. One gentlemen invited reporters to a new church he said is opening at 47 Swan St., Batavia.

He asked reporters repeatedly, "Are you saved?"

Then a young man came up demanding to know where the media was when his family was slandered. It was unclear what incident or situation he was talking about.

Previously:

• Walmart greeter, age 70, seriously injured after allegedly being punched by 26-year-old woman
• Witnesses describe combative situation after Walmart employee asked to see receipt
• Fight reported in Walmart

Gary A. Goodwin, 51, of Hamlin, is charged with DWI and driving with a BAC of .08. Goodwin was reportedly involved in a motor vehicle accident at 11:12 p.m., Jan. 21, on Cockram Road, Town of Byron. The accident was investigated by Deputy Brad Mazur.

Rene Peres Roblero, 46, of McGregor Road, Corfu, is charged with DWI, moving from lane unsafely, operation by an unlicensed driver, operating without insurance. Roblero was arrested following the report of a one-vehicle accident at 11:24 p.m., Jan. 17, on Richley Road, Darien. He was jailed on $1,000 bail.

Debra G. Fields, 43, of 18 South St., Le Roy, is charged with unlawful dealing with a child, 1st. Field is accused of hosting an underage drinking party at her residence.

Uriah Ian-Charles Smoke, 27, of Bloomingdale Road, Tonawanda Indian Reservation, is charged with reckless endangerment, 2nd, and criminal mischief, 4th. Smoke was arrested on a warrant and jailed on $2,000 bail or $4,000 bond.

Jerod P. Norcross is indicted on a charge of criminal mischief in the third degree, a Class E felony. Norcross is accused of smashing the windows of a 2003 Toyota Camry on July 21 in the Town of Alexander, causing more than $2,500 damage.

Name redacted upon request, is indicted on two counts of aggravated DWI, a Class E felony. xxxx is accused of driving drunk on July 24 on Route 33, Town Batavia, while a child under age 15 was in the vehicle, and of driving with a BAC of .08 or greater.

The following projects were approved for tax abatements by the Genesee County Economic Development Center Board:

Premier Credit of North America: Total capital investment, $150,000; Sales tax exemption on equipment purchases, $12,000; Anticipated new jobs, 50; Premier will be leasing 8,500 square feet and up to 13,500 square feet at 1 Mill St., Batavia (the former Pioneer Credit location). Premier will be hiring 50 full-time employees with a target start date of March 1; Premier originally sought locations in Hamburg, Springville, East Aurora, Orchard Park and West Seneca, but not Batavia; GCEDC won the bid with the sales tax exemption, according to the GCEDC-produced project summary.

Tri County Welding: Total capital investment, $111,000; Sales tax exemption, $4,440, Mortgage tax exemption, $938, PILOT, $24,945; Jobs retained, five, new jobs, two and a half; Tri County is expanding its facility to support an increase in business. The expansion includes a 35 x 85 foot addition during the first quarter of 2012.

Als Enterprises (Batavia Pediatrics): Total capital investment, $150,000; Sales tax exemption, $6,000; Retained jobs, eight, new jobs, two; Batavia Pediatrics is planning on renovating its office space of 6,700 square feet, including 1,000 square feet of space not currently being used. The sales tax exemption will apply to new equipment purchases.

The following project received a loan from GCEDC's revolving loan fund:

Batavia Enclosures, Inc: Batavia Enclosures is moving from the Batavia Industrial Center (Harvester Center) to 6 Treadeasy Ave., Batavia (the former Prime Materials Manufacturing location). GCEDC is providing a $50,000 loan from the revolving loan fund, payable over seven years at a fix rate of 80 percent of prime, with a floor of 3 percent. The loan will be used to assist with purchase of the building. Batavia Enclosures intends to create three new full-time positions (a punch press operator, programmer and press brake operator).

Scott C. Fauth, 24, who lives at 106 Evans St. in Batavia, was charged with driving while intoxicated, having a BAC of .08 percent or greater, and leaving the scene of a property damage accident following an incident at 1:54 a.m. this morning.

Fauth was arrested by Batavia police after a report of a car accident in which the defendant's car allegedly struck a house at 6 Watson St. in the city. This caused damage to the enclosed front porch. Fauth allegedly fled the scene by driving off.

Fauth and his damaged vehicle were located at his residence by Officer Darryle Streeter. Subesquently, the defendant was deemed to be intoxicated at the time of the accident.

He was also charged with driving at a speed not reasonable and prudent, failure to keep right, driving on a sidewalk, unsafe backing, and displaying a forged/fictitious inspection sticker.

Fauth was released on his own recognizance and is scheduled to appear in Batavia City Court at 9 a.m. on Feb. 1.

In addition to Streeter, the incident was investigated by Officer Eric Bolles.

A driver injured in an accident after he allegedly failed to stop for a deputy on Batavia Stafford Townline Road was jailed on $15,000 bail after he was released from the hospital Friday.

Keith Edward Povitch, 29, of Coward Road, Byron, was charged with felony DWI, criminal possession of a controlled substance 7th, refusal to take a breath test, failure to yeld right of way to emergency vehicle and failure to keep right. 

The incident started at 4:08 p.m. after Deputy Brad Mazur allegedly observed Povitch's car blow through a stop sign at Batavia Elba Townline Road.

Povitch allegedly failed to stop after Mazur turned on his emergency lights.

As Povitch allegedly attempted to flee, he lost control of his car on Batavia Stafford Townline Road.

Mercy EMS transported Povitch to UMMC with facial injuries.

Upon his release from medical care, Povitch was arraigned in Batavia Town Court and then jailed.

(Initial Report)

When I stopped in to Bourbon & Burger Co. this afternoon, co-owner Derek Geib said, "You want to try a clear whiskey? It's the smoothest whiskey you'll ever drink."

He poured me a shot and I took a sip -- it was good. On my first taste, I thought, there's nothing to it, it's water. But the finish retained that satisfying whiskey burn, followed by a lingering vanilla sweetness. A nice complex flavor that is smooth, but still with some bite.

The whiskey is called Kansas Clean, and it's distilled in Kansas and not sold much outside of America's middle state.

After Geib heard about Kansas Clean through a friend, he contacted the distiller's CEO and she helped find a distributor in New York who could get it bottled and shipped to Bourbon & Burger -- making Bourbon & Burger the first, and so far the only, bar in New York to serve Kansas Clean.

Pierce Malone, a 10-year-old Batavia boy, has suffered since birth from Neurofibromatosis (NF for short), a nerve disorder which causes tumors to grow anywhere and at any time throughout the inside and outside of his body. Pierce currently has multiple tumors throughout his body, including many on his brain and spinal cord.

A 7-inch tumor has recently been discovered in Pierce's throat. It has started to wrap around the two main arteries that supply the brain as well as his verterbrae, and is very close to his voice box. Doctors at Strong Memorial Hospital are extremely concerned about this, and Pierce is in desperate need of surgical treatment. However, the doctors at Strong are not equipped to handle the treatment, and there are no NF clinics in the area.

There is one doctor at an NF clinic in Boston who specializes in throat tumors. The doctor has been contacted, but unfortunately Pierce's insurance would not cover the cost of the treatment and the family is unable to afford the procedure without assistance.

To raise funds for Pierce's procedure, local entrepreneur Jason Lang has organized two benefits through his businesses. Throughout the month of January, patrons of the Batavia Cab Company will be asked to donate $1. At the end of the month, Jason will match all donations up to $2,500. Additionally, on January 29th, The Laughing Buddha tattoo and piercings shop will host an event called "Piercings for Pierce," the proceeds of which will go toward the treatment of Pierce's throat tumor. 

For more information regarding the benefits or to make a donation, contact Jason Lang at the Laughing Buddha at (585) 250-4175 or visit the "Passion for Pierce" page on Facebook.

Officer Jay Andrews, who started with the force 24 years ago, hung up his badge today.

His retirement party was attended by people from through the local law enforcement community, not just the Batavia Police Department.

Andrews, who started his career in Wyoming County, including four years with the Attica PD, plans to work with Habitat for Humanity in the near term and then take off with his wife on their motorcycles in the spring and summer and see a bit of the country. After that, well, he's still deciding what to do next.

As a young man, Andrews -- originally from Boston, N.Y. --  worked in foundries, operating blast furnaces, but when the steel plant he was at in Erie County closed, he was out of work for six months. He eventually landed a job in Rochester and worked there for four years, but decided to take the civil service exam and apply to become a police officer.

The Wyoming County Sheriff's Office hired him and put him through the police academy and then he joined the Attica PD, but when there was talk in Attica of shutting down the PD there, he applied for a job in Batavia.

He said it's been a good run.

He was a founding member of the Emergency Response Team (commonly referred to as SWAT), eventually training other officers. He also supervised the armory and was a firearms instructor.

“I got to do a lot of different things for the department, a lot of opportunities that that a lot of people don’t get in their careers," Andrews said.

Andrews believes the Batavia PD, which has seen an influx over the past year of rookie officers, will do just fine after he's gone. He said there's a wide range of expertise in the department and a lot of really good people.

"It’s a fine department," he said. "They won't miss a beat. The department will do well and the city will be in fine hands with these young guys."

Brian and Beth Kemp have moved their successful apparel business to Downtown Batavia, and are sure glad they did.

"We liked the location and needed more space," said Brian Kemp, whose T-Shirts Etc. started in the Harvester Center more than 14 years ago. "We thought it would be good to be more central, right downtown. The atmosphere is awesome and we're more visible."

In just two weeks since the move, Kemp said, he's already seen an increase in T-shirt sales and picked up a few new customers.

T-Shirts Etc. offers custom printing on clothing, embroidered items, decals, banners, canvas prints of photographs, plus a variety of promotional products.

The front of the store is retail space selling T-shirts and sweatshirts with a hometown flair, from Batavia Blue Devils T-shirts to sweatshirts with the city seal on the front.

It's also a place where Brian and Beth have hung dozens of their own paintings.

The old location on the corner of East Main Street and Harvester Avenue seemed to get overlooked by a lot of people, he said, but now more people are stopping in the store on a daily basis.

The new location is 110 Main St., which sat vacant for a couple of years after Main Street Coffee closed.

Kemp said they're happy to finally be part of the BID (Business Improvement District) and look forward to participating in popular events such as Summer in the City and the fall Wine Walk.

An Elba resident is accused of stealing Crest Whitestrips from a local pharmacy and then selling the packages at Pawn King.

Jason Ray Anderson, 30, of Oak Orchard Road, is charged with five counts of falsifying business records in the first degree and petit larceny.

Anderson allegedly stole at least five packages of the dental-whitening product over the course of two days, Dec. 14 and Dec. 15, and then took the stolen items to Pawn King and signed documents stating he legally owned the packages.

Anderson was issued an appearance ticket, returnable to Town of Batavia Court at 1 p.m., Feb. 9.

Thomas J. Hutton, 28, 9624 Clipnock Road, Stafford, is charged with forcible touching and endangering the welfare of a child. Hutton is accused of forcibly touching/grabbing the intimate parts of a person under age 17 in October. In a separate incident, Hutton is accused of offering cigarettes to a child under 17 in exchange for a sexual act. Following arraignment, Hutton was placed under the supervision of Genesee Justice.

Carrie Quashaye Blunt, 19, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny and unlawful possession of marijuana. Blunt is accused of shoplifting from Walmart. Blunt was taken into custody following an alleged verbal confrontation with a store employee. During the investigation, Blunt was allegedly found to have marijuana concealed in her purse.

The hit man was named "Shootout" and the target was an alleged criminal associate of two brothers sitting in the Genesee CountyJail. But the simple plan turned out not to be as simple as the brothers reportedly hoped.

"Shootout" couldn't make it to New York, and when the brothers allegedly found another hired gun, it turned out they were allegedly handing their money over to an informant for the Sheriff's Office.

The details of a murder-for-hire case came out in county court today when Justin Barker, 22, one of the brothers allegedly involved in the gruesome plot, entered a guilty plea to the conspiracy charge.

The charges against Derrick Barker, right, are still pending.

Justin entered an "Alford Plea," which means he acknowledges a jury would likely find him guilty of the crime based on evidence presented by the prosecution, but does not admit actual guilt.

The plea requires the prosecution -- in this case, Assistant District Attorney Will Zickl -- to recite the evidence against the defendant.

Zickl said that, in part, the prosecution has copies of notes passed back and forth between Justin and Derrick, an audio recording of Justin and Derrick discussing their alleged plans with a person who turned out to be an informant, and information on the money obtained by the brothers. The prosecution also says it has photographic evidence of the money being turned over to the supposed second hit man, who turned out to be working for the Sheriff's Office.

The original plan, according to Zickl, was for a hit man named "Shootout" to travel from Georgia to New York and kill Benjamin Santiago Jr., who was arrested with the Barker brothers June 2.

The brothers allegedly believed that Santiago had provided information to the police about their suspected criminal activity.

When the brothers allegedly could not secure the services of "Shootout," Derrick allegedly asked another Genesee County Jail inmate -- who was already working with authorities -- if he knew anybody who could do the deed. The informant said he did, but that it would cost the Barker Boys $600 to get the job done.

"The Sheriff's Office observed the $600 being handed over to the cooperative associate and the money was then turned over to the Sheriff's Office and held for evidence," Zickl said.

While Justin did not admit factual guilt to the conspiracy charge, he did plead guilty to a count of  burglary, 3rd.

Justin admitted breaking into the Beaver Brothers Restaurant at Darien Lake Theme Park in September 2009.

Justin Barker, who is facing a two- to six-year prison term, is being held in the jail pending sentencing without bail.

A 29-year-old Genesee County resident with multiple arrests over the past couple of years could get up to five years in prison as part of a plea deal.

In county court on Thursday, Robert J. Eppolito, most recently of Church Street in Le Roy, entered a guilty plea to criminal contempt, 1st, with a negotiated prison term of one to three years.

Eppolito is also charged with assault, 2nd, for allegedly punching and kicking a person during a confrontation in September in Le Roy.

Public Defender Gary Horton, representing Eppolito on the assault charge, said a plea agreement is in place, including a plea on the criminal contempt charge, that could lock Eppolito up for a maximum of five years.

The two sentences -- for criminal contempt and for the alleged assault -- would be served concurrently.

Eppolito is expected in court next week to answer to the second-degree assault charge.

The cases are separated because they are unrelated.

In court Thursday, Eppolito admitted that he violated a court order by being with a protected person and by drinking alcohol.

Sentencing will take place at 9 a.m., April 23.

Eppolito is being held in the Genesee County Jail.