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Law and Order: Man accused of shoving family members to the ground during argument

By Howard B. Owens

Robert Anthony Holley, 41, of Overlook Drive, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Holley is accused of grabbing his son, throwing him to the ground and kicking him during an argument. Holley is also accused of throwing his wife to the ground when she reportedly tried to stop him. Holley was jailed on $500 bail.

Uriah Ian Charles Smoke, 27, of Bloomingdale Road, Basom, is charged with reckless endangerment, 2nd, and criminal mischief, 4th. Smoke is accused of failing to appear in the Town of Alabama Court following his release from the Erie County Correctional Facility and was arrested on a warrant.

David Christopher Dodd, 23, of County Road 132, Ovid, is charged with two counts of aggravated DWI (child passengers under 16), operating a motor vehicle while impaired by drugs and failure to stop at a stop sign. Dodd was arrested following a report at 9:05 p.m., Wednesday, that a vehicle was operating erratically on Park Road. Dodd was stopped by Deputy James Diehl.

Hochul tells city officials she's impressed with the progress Batavia is making

By Howard B. Owens

Besides her meeting with the Alabama Fire Department this afternoon, Rep. Kathy Hochul made five stops in Genesee County today.

One of her visits included a tour of Batavia with City Manager Jason Molino and other city officials. The tour ended with a visit to Batavia's landmark sewage treatment plant.

Hochul told city officials she was very impressed with the progress Batavia is making, from the Masse Gateway Project to downtown redevelopment.

"It's a city that's moving forward," she said.

Other stops by Hochul included making a donation of books from the Library of Congress to the Byron-Bergen Public Library, a tour of the trans-load warehouse on Mill Street and a talk with seniors at 400 Towers.

Below, a completely gratuitous picture of one of the treatment ponds, covered by clouds.

Union officials making waves over alleged out-of-state hiring practices of Wave Holding

By Howard B. Owens

Two giant multinational companies received millions in taxpayer subsidies to launch "Project Wave" in Batavia on the promise of creating local jobs and stimulating the local economy, but so far, according to Dave Young, it's not happening.

Steve Hyde, CEO of the Genesee County Economic Development Center, disputed Young's claims saying that Wave Holding has made a committment to hire a majority of local construction workers and that as of last week, 50 percent of the contracts had been awarded with 80 percent going to local firms.

Young is a union man -- president of the Rochester Building and Construction Trades Council, as well as business manager of IBEW Local 86 -- and he will hold a press conference at 10 a.m., Friday, at the Genesee Valley Agri-Business Park to try to draw attention to the number of out-of-state workers being employed by Wave Holding, LLC.

"There are a lot of construction workers in our area who are out of work," Young said. "This isn't a union or non-union issue. It's a community issue."

Young and Anna Dumont, executive director, Rochester Building and Construction Trades Council, released a pair of videos Dumont said were shot this morning at the job site of Project Wave showing numerous out-of-state license plates on what they say are the cars of construction workers employed by building contractor Haskell and its subcontractors.

We received no reply to an email this afternoon to PepsiCo asking for comment on the situation.

Pepsi along with Germany-based Theo Muller Group formed Wave Holding to introduce a new Greek-style yogurt product to the United States and are spending more than $206 million to build a 363,000-square-foot facility.

The plant will initially employ nearly 200 people and could eventually employ as many as 600 people.

Wave Holding received more than $11 million in tax abatements for the project and the GCEDC has been able to channel millions more into building the ag park and ensuring the park has sufficient infrastructure to support operations there.

Young suggested GCEDC should adopt rules similar to those he claims are already in place in Monroe County -- if you get tax breaks for your project, you need to hire local workers.

"That's true of all IDA subsidized projects in Monroe County," Young said. "Some go union and some go non-union, but either way people in our community get to go to work every day. They earn paychecks that support their families. This is truly a community issue."

Hyde, who answered a couple of questions even though he's out of town on vacation, said the GCEDC supports local labor.

"We have done everything we can to encourage local labor and are a huge fan and advocate of local labor," Hyde said. "We have done so with Wave many times."

Young claimed the unemployment rate among construction workers in Western New York is about double the rate of the rest of the work force.

The problem with out-of-state workers (and Young thinks some of the workers at the site aren't even U.S. residents) is that they send their wages back home rather than spend the money here.

Studies, he said, put the multiplier effect of locally based construction work at three to seven times the worker's wages.

"They're paying taxes, going to local stores, getting things fixed locally, sending their kids to local schools and colleges," Young said.

Young said he hopes public attention on the matter will get Haskell to hire more local workers.

Meanwhile, throughout the construction of the Alpina yogurt plant, the parking lot -- including today -- has been consistently filled with vehicles with New York license plates.

Baskin Livestock blossomed from a good idea, labor and luck

By Howard B. Owens

This is the fifth story in a six-part series about the 2011 winners of the Genesee County Chamber of Commerce awards.

As much as a good idea and toil played a role in growing Baskin Livestock from a company with four employees into one with 40, the word serendipity can't be left out of any story about Bill Baskin and Susan Blackburn.

The couple met because work brought them together.

The farm Baskin ran in Rhode Island forced him to find creative ways to feed his 700 head of cattle. The feed he used opened up a business opportunity in Western New York. The farm they bought in Batavia -- perfectly suited for their business, but not for dairy operations -- came available at the right time through a bank foreclosure. The location proved critically centered to a host of vendors and customers.

A combination of a business acumen and a bit of serendipity proved to be the right mix and today, Baskin Livestock is one of Genesee County's most successful ag businesses. It is, in fact, the Agriculture Business of the Year, according to the Genesee County Chamber of Commerce.

"It’s a great ag community with a lot of businesses that are more sophisticated and successful than we are," Baskin said. "I’m flattered to be considered in that group. It’s just, it’s humbling … just wow! It's a great feather in our cap."

Baskin grew up in Massachusetts with a father he describes as a "frustrated farmer." He ran a small farm and a owned a tire and fuel business. After college, Baskin moved to the Midwest where he worked as a hog buyer and later exported livestock.

When he returned to the East Coast, he took over 70 acres of rocky farmland -- pasture but no tillable soil to grow feed -- and ran 700 head of cattle.

"All you could see was rocks," Baskin said.

Blackburn was a Pennsylvania farm girl whose life goal was to be a veterinarian and work with cows and horses.

When she was offered a job in Rhode Island as the state vet, she took it.

"The problem was, I was working 110 hours a week and here was an opportunity for a state job that was 45 hours a week and a couple thousand dollars more in salary," Blackburn said.

Once in Pennsylvania, part of Blackburn's job was to travel to the state's farms and administer tuberculosis test on import/export cows.

The test requires injecting the cows on day one and checking the results on day three, and with as many cows as Baskin was bringing in and sending out, Blackburn was visiting the farm three and four days a week.

Working that close together gave them plenty of opportunity to get to know each other.

"We were friends way before we were married, and we stil are, that’s the amazing part," Blackburn said.

To feed his cattle, Blackburn contracted with a man who would drive a small truck to the McDonald's muffin and biscuit factory, collect all their day-olds and mistakes and deliver it to Baskin, who would convert it into feed.

"It was a hard job," Baskin said. "He had a small truck and he went in and loaded it all by hand. One day he got mad and he said, 'I only got one truck and it's hard work and blah, blah, blah. I'm going to quit.' I said, 'Well, Johnny, you might be wealthy enough and old enough to retire, but I'm not.' "

So Baskin got his own truck and driver and found a large bagel factory with waste to recycle into feed.

The manager of that factory was then moved to the company's West Seneca plant, which didn't have a good waste-recycling operation.

So he contacted Baskin, who arranged to start a business in Western New York that would be run by a friend's brother.

Once the contracts were signed and the equipment bought, the would-be employee backed out.

"I told her, somebody has got to go take care of this thing and one thing led to another," Baskin said.

Once the couple bought the farm on Creek Road in Batavia, they were able to build facilities that could accommodate recycling tons of bakery waste into feed, with 40 or 50 truck trips a day of waste coming in and feed going out.

Baskin Livestock collects waste from more than 40 bakeries and ships out to feed companies all within about a 400-mile radius of Batavia.

According to Baskin, the amount of feed the facility produces annually replaces the need for about 16,000 acres of corn.

The process involves taking waste bakery products -- it might be a poorly mixed batch, or returns, or just factory rejects (Lay's Potato Chips rejects any bag that is as much as one chip too heavy or one chip too light).

The waste is dumped into a giant warehouse -- twice the size of a football field -- with a floor 10-feet below ground level. The wet material (uncooked dough, typically) needs to be dried out. The product is then all mixed together, dried further, churned and chopped and then moved to the loading dock for shipment to feed mills, which sell it to farmers.

The timing of pick up and delivery is critical, Baskin said.

"You don't show up when you're supposed to show up and they get backed up, you could potentially shut down a plant with 300 or 400 employees," Baskin said.

To keep his trucks running, Baskin runs his own repair and machine shop, with workers doing basic maintenance on trucks and heavy repairs.

The farm -- originally 874 acres, now more than 1,700 -- also runs 995 head of cattle locally, plus as many as 5,000 more at other locations. The cattle are raised as replacement heifers or meat cattle available locally or for export to places such as Turkey, Russia and Mexico.

Blackburn thinks the business her husband has been able to build is pretty amazing.

Often, Blackburn said, when people find out she's a vet, the common response is, "I've always wanted to be a veterinarian.

"Well, how many times have you heard that," she added. "But I say to them, anybody who can read and has great retention and pays attention can be a veterinarian. But what my husband does, not very many people can do, because he has it all just come out of his head."

A lot of the credit, Baskin said, goes to his employees, who all know their jobs very well.

"The other thing I preach is that I can be here working with you 12, 15 hours a day, side by side, but in 15 years, we're not going to have any business," Baskin said. " I need to be out growing the business and I'm depending on you guys to do the work."

The feed mill is in operation non-stop from 9:30 Monday morning to 9:30 Friday night.

If a business isn't growing, Baskin said, it's shrinking. It's never staying the same, so he's always looking for new opportunities and ways to grow.

Three years ago, they added 20,000 square feet of office space and this summer, they'll add another 5,000 square feet.

Customer service is the name of the game, Baskin said. He lives by and teaches his employees, "The customer is always right."

He prides himself on fixing problems and being able to get along with people others might find difficult.

It's a trait, he said, he picked up while working for his father.

"I fixed all my father's problems," Baskin said. "My old man'd get in a business deal, somebody get pissed off at him. I’d go fix it. I’d go talk to them. I’d go smooth it over. I’d go talk them into ... whatever."

These days, Blackburn doesn't do much vet work -- some here and there -- she's busy helping Bill with his business. She said he's the big-picture guy and she handles a lot of the details.

"Being a veterinarian is a great job, but I like helping my husband out more than I like the ego gratification of going in and telling somebody about heartworm medicine," Blackburn said.

Bill and Susan have a 17-year-old daughter who may some day join the family business, but Bill wants her to experience a little more of life first -- go to college, work for somebody else, see the world from a different perspective.

"I told her, you’ve got to want it," Baskin said. "If you want it, fine, I’ll show you everything. I’m not going to force you to do this."

To be successful in farming, Baskin said, you've got to love it.

He recalled being there for a family gathering during his first marriage and going into the bathroom to wash up for dinner a minute after his brother-in-law had done the same.

"I'm in there and he comes flying in, 'my watch, my watch, my watch,' and I said, 'what's the big deal about your watch?'

"He was a computer engineer for Hewlett Packard, big money in those days. He said, 'In my office, I don't have a clock. If I don't have my watch, I don't know what time it is. If I've got to sit there a minute past four o'clock that just makes me bananas.' He says, 'At four o'clock, I'm going home.'

"So I told my wife at the time, I said, 'You know, you don't like my work. You don't like the smell, you don't like the dirt and you don't like the people and you don't like the cows, but if I had to have a job where I just prayed for four o'clock coming, regardless of what I'm getting paid, it ain't worth it in my opinion.'

"I like the people," Baskin concluded. "I like the dirt. I like the cow business."

Baskin loves it, but he also knows serendipity played a role in what he's achieved in business and at home.

"I was lucky to find her (Susan), lucky to find this place, lucky to find a few opportunities along the way," Baskin said.

"I have no regrets," he added. "I've made a lot of friends, had a lot of fun. If you do what you like and have good people around you, and you're able to go home to a couple of people who love you. Life is good."

Big honkin' Super MAMMOTH garage sale is back -- and bigger!

By Daniel Crofts

Mary Lea Caprio holds up a "sweet" little baby outfit in the "Baby Boutique" at St. Joseph School (more pictures at the bottom).

Featuring clothes, toys and other babyware for newborns through 3-year-olds, the boutique is one of this year's added features for St. Joe's ginormous and burgeoning Super MAMMOTH Indoor Garage Sale.

Chairwoman Kathy Stefani and her committed crew of 127 volunteers have been working hard all year to prepare for the event, which takes place Saturday, April 14, at the 2 Summit St. school from 9 a.m. until 4 p.m. and has something to offer for just about everybody.

Items for sale will include your usual antiques, furniture, upholstery, jewelry, paintings, etc. But for those of you manly men out there who don't much care for that stuff, another of this year's "newbies" is a "Tool Town." This will be outside and will include hand tools, power tools and a gas grill.

There's plenty of cool stuff for kids as well, like these Buffalo Bills binoculars that volunteer Colton Bellimer held up for the camera.

According to Stefani, the volunteers have been taking tip-top care of every item.

"Everything sparkles, because it's all been washed," she said. "Our toys are complete -- no pieces are missing, and everything works."

In keeping with the MAMMOTH tradition, the prices are extremely affordable. From a $2 Rolex quartz to 25-cent cat food to a $10 microwave, the merchandise reflects the prices that Stefani and the other MAMMOTH workers have long been proud of.

All of the merchandise will be restocked at 12:30 p.m., so nobody has to worry about missing out on the good stuff by sleeping in.

Some of this year's other new features will include:

  • Rib BBQ dinners from Clor's, in addition to their chicken BBQs
  • A "Winter Room" with Christmas models and decorations
  • Vintage quilts (including one from 1890, another from 1930)

The sale will be divided into two shifts -- one in the morning, the other in the afternoon. Each shift will have 23 cashiers ready to check customers out.

Baked goods and coffee will also be available inside, so bring your appetite!

Here are some more pics of available merchandise:

More pictures after the jump (click on the headline to see more):


...And I'll end where I started -- the Baby Boutique!

All proceeds benefit St. Joseph School. If you have any questions, call Stefani at 344-2701.

Please note that Stefani is looking for new storage space for next year's MAMMOTH merchandise. If anyone is willing to volunteer space, that would be appreciated.

Woman accused of hitting Walmart employee makes first appearance in county court

By Howard B. Owens

The judicial process in the case of the People v. Jacquetta Simmons took another step forward today with Simmons appearing in Genesee County Court to answer to charges stemming from an alleged assault on Christmas Eve against a 70-year-old Walmart employee.

A grand jury indicted Simmons on two counts of assault in the second degree.

As is routine for a criminal defendant at this stage of the proceedings, Simmons entered a not guilty plea.

Earl Key, and his assistant Ann Nichols, the attorneys for Simmons, will now have 45 days to file motions.

Simmons is scheduled to reappear in court June 21 for a hearing on any motions filed on her behalf.

The 26-year-old Batavia woman is accused of hitting Grace Suozzi, who was working at Walmart on Christmas Eve, causing Suozzi to suffer facial fractures.

One of the assault charges is based on a fairly new statute that makes it a felony for a younger person to hit a person over 65 years old.

Photos: The destruction of Liberty National Bank

By Howard B. Owens

With some stunning clouds in the sky late this afternoon, I couldn't resist going for a drive and gravitated, as I often do, toward Creek Road in the Town of Batavia.

When I stopped to take some pictures of cows on the property of Baskin Livestock (bottom photo), a car pulled alongside my spot on the shoulder of the road and the driver asked what I was doing. 

"I'm taking some pictures," I said.

"Why?" she asked.

"Because it's what I like to do."

She said, "I used to take pictures and I would develop the film myself."

As we talked, she told me she had some pictures of the Liberty National Bank in the city being demolished. I told her I would like to see them, so she said she would try to find them and invited me to her house.

And so I met Andrew and Antoinette Dempski, decades-long residents of Creek Road.

"I always had a good eye for photography," Antoinette told me, and the photos of her children when they were much younger were much better than typical family snapshots. She had a real artistic flare.

"My father carried a camera with him where ever he went," she said.

He was a Polish veteran of World War I who moved to Buffalo and went to work for the city's sanitation department. The lingering effect of mustard gas, she explained, would sometimes make him a little crazy.

Unfortunately, on the day her mother was buried, somebody broke into her Buffalo home and stole all of her father's photographs, including pictures of her growing up, such as graduation and First Communion photos.

Antoinette was born in Buffalo and her husband, Andrew, was born on Old Creek Road. 

Andrew drew my attention -- not that I could have missed it -- to a gorgeous portrait hanging on their living room wall of a young and fetching Antoinette drawn by an artist from Quebec.

As for Antoinette's pictures, they were taken with an Kodak camera and a professor at Genesee Community College let her use the darkroom there.

"Those kids had expensive cameras and I just had my box camera, but I had a better eye," she said.

And that's no doubt true.

Alas, and sadly, Antoinette would not let me take her picture, though I'm sure it would have been a lovely portrait.

And below, the results of my attempt to take a cow picture:

O'Lacy's celebrates 15 years in business

By Howard B. Owens

This Sunday, O'Lacy's Irish Pub celebrates 15 years in business.

The location of O'Lacy's on School Street was the Darien Knitting Mill Outlet and Nancy Bachulak and Kent Ewell originally planned to convert the space into an office building, but after a visit to Rhode Island on St. Patrick's Day in 1996, Bachulak and Ewell decided to raze the existing building and build an authentic Irish pub.

Ewell said he's proud of the fact that no public funds were used in the purchase or construction of the building.

Pub stands for public house, and like the pubs of Europe and the British Isles, O'Lacy's has become a popular downtown gathering place for people from all over Genesee County and beyond.

O'Lacy's has won awards for its Guinness pours and is famous for its Reuben sandwich and homemade potato chips and dip.

Ewell and Bachulak have also supported numerous local charitable causes and events over the past 15 years, including the Michael Napoleon Foundation, UMMC and the Crossroads House.

The celebration will take place throughout the day Sunday.

Photos: Another beautiful morning in Batavia

By Howard B. Owens

It was a little crisp this morning, but still a fine spring day. As I walked our dog on Jackson Avenue, I took note of this tree with the nice background of the budding trees behind it and the wispy blue sky, so I went home, grabbed my camera and came back.

That said, there's a chance of rain and snow overnight.

Council approves tax exemption for property owners who add apartments to downtown buildings

By Howard B. Owens

UPDATED 2:55 p.m. with a little more information about the grant program.

People living downtown is a great complement to commerce downtown and bringing that mixed use to the city's primary commercial district is part of the city's strategic goals.

To help move that process along, on Monday night the Batavia City Council unanimously approved a change to the city's tax code that would provide a tax break to any building owner who converts a commercial property to one that includes second- and third-floor apartments.

"They (the Main Street Grant consultants) said they have a lot of experience with this," City Manager Jason Molino said. "A lot of communities use this. It’s a great exemption to get on the books to encourage, or at least lighten some of the tax burden, as they (developers) go to change and approve some of these mixed-use developments."

The tax abatement -- much like a PILOT -- provides tax relief on the increased assessment that is likely to occur with the redevelopment of the property. The property owner still pays taxes on the original assessment.

For example, if the assessed value goes from $200,000 to $300,000 because of the property improvements, the abatement applies to the extra $100,000 in assessed value.

In years one through eight, the property owner gets a 100-percent abatement, and the tax relief decreases 20 percent a year over the next four years and is eliminated by year 13.

"This promotes the types of uses we want downtown," Molino said. "We want commercial on the first floor, residential on the second and third floor. We want to promote that livable-community concept. You get the grocery store downtown, so it’s got a great complement. We’ve got the available space. It just needs to be developed."

There are currently 10 properties that have applied for grants through the Main Street grant program and Molino said four of those properties would be potentially eligible for this new tax exemption (the others are already mixed use).

Last year, the City was awarded a $450,000 grant from the state's Main Street Grant program. Of that, $400,000 is earmarked for improvements to existing structures downtown. Three projects have been funded by the BDC, which administers the program.

Ideally, Molino said, both the county and the school district will pass the same exemption.

Council approves purchase of new fire truck

By Howard B. Owens

It will be red, bright, shiny and brand new and it will belong to the City of Batavia.

In a unanimous vote Monday night, the city council approved the purchase of a fire truck built from the ground up by Rosenbauer, a 140-year-old fire apparatus manufacturer based in South Dakota.

The total cost of $342,369 was the lowest of the bids to meet all of the requirements of the fire department, Chief Jim Maxwell told the council.

City Manager Jason Molino noted it's still below the $370,000 built up in reserve over the past three years for a new truck.

The truck, which may carry the designation Engine 11, will replace Engine 14, which was retired due to escalating repair costs to keep it up to standards.

Locally, the Town of Batavia operates a Rosenbauer engine and Rochester recently bought seven engines from the company.

When questioned by Councilman Jim Russell, Maxwell confirmed that the fire department visited with some of the departments running Rosenbauer equipment, as well has other engines, and didn't come across any complaints.

The department expects delivery of the new truck in 120 days.

On the Web: Build your own fire truck on Rosenbauer's site.

Mulch fire behind store on Veterans Memorial Drive, Batavia

By Billie Owens

A mulch fire is reported behind the Radio Shack store at 4234 Veterans Memorial Drive. Town of Batavia Fire Department is responding.

UPDATE 3:38 p.m.: The fire is out. Town of Batavia is back in service.

Power outage in downtown Batavia

By Howard B. Owens

There is a power outage in Downtown Batavia. National Grid has no information yet on the extent nor an ETA for restoration.

UPDATE 2:33 p.m.: Power was restored at 2:28 p.m.

Council will be asked to approve purchase of new fire truck

By Howard B. Owens

As part of its monthly meeting tonight, the Batavia City Council will be asked to approve the purchase of a new fire truck at a cost of $342,369.

The new truck will replace Engine 14, which has been retired due to age and costly repairs needed to comply with safety standards.

The recommendation is that the truck be purchased from Empire Emergency Apparatus, which placed the lowest bid that met specifications.

Another company offered a lower bid, but work to retrofit the demo engine and add required enhancements would raise the price above $356,000.

Volunteers busy planning for the next Day of Caring

By Howard B. Owens

The United Way Day of Caring is May 16 and the planning committee is seeking volunteers and sponsors. To pitch in, call the United Way office at 343-8141.

Photo: Back row: Erik Fix, Jay Gsell, Dave Cecere, Marie Nettnin, Scott Neff, Shelley Falitico, Theresa DeMars, Jane Scott, Chris Fix. Front row: Susie Boyce, Lori Stupp, Debbie Fischer, Carol Boshart.

Not included in the photo: Donna Saskowski, Sue Schuler, Sue Boss.

Photo submitted by Susie Boyce.

Batavia Downs announces it generated $17 million in revenue for education

By Howard B. Owens

Press release:

Batavia Downs Casino generated more than $16.99 million for education during the 2011 fiscal year (April 2011 to March 2012), according to the recently released data by the Division of Lottery. As part of Batavia Downs Casino’s ongoing support of New York education, 51 percent of Batavia Downs Casino's net win is given to the lottery to fund education.

“We’re proud to have contributed so much to New York State’s educational efforts,“ said Mike Kane, president of Batavia Downs Casino.

In 2011-2012, revenue generated by Batavia Downs Casino for education was equivalent to the annual salaries of approximately 245 teachers. With education budgets consistently tightening, this revenue will allow for students throughout New York State to continue to earn a high-quality public education. Since opening in 2005, Batavia Downs Casino has generated more than $115 million in education funding for New York.

More information on Batavia Downs Casino is available at www.bataviadownscasino.com and the full lottery report is available at www.nylottery.ny.gov.

Batavia Downs Casino is owned and operated by Western Regional Off-Track Betting, a public benefit corporation. Batavia Downs Casino is a member of the New York Gaming Association. The New York Gaming Association advocates for, and advances the interests of, the state’s nine racetrack casinos, located at harness and thoroughbred racing venues in all four corners of New York.

The association works in partnership with state government on long-term strategies to financially bolster education, create jobs, support agriculture, horseracing and breeding; and maximize economic revenues to the state that will benefit all New Yorkers.

Task force nabs two suspected drug dealers following investigation

By Howard B. Owens
Chad Allen Irowin Wilbert

As the result of an investigation by the Local Drug Enforcement Task Force, two suspected drug dealers from Batavia were arrested Sunday night.

Taken into custody following a traffic stop at 8:50 p.m. were Chad A. Allen, 33, of West Main Street, and Irowin Wilbert, 53, of West Main Street.

Both men are charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and criminal use of drug paraphernalia, 2nd.

The men were stopped on Ross Street at the intersection with Miller Avenue, Batavia.

A search of the vehicle allegedly uncovered a quantity of crack cocaine with an estimated street value of $1,000 along with alleged crack pipes and more than $550 in currency.

Allen and Wilbert were jailed without bail.

Assisting in the investigation were uniformed deputies, State Police and the District Attorney's Office.

Law and Order: Suspected drug dealer accused of trying to escape following arraignment

By Howard B. Owens

Milton H. Simmons III, 29, of 75 Franklin St., Batavia, is charged with criminal possession of a controlled substance, 3rd, and attempted escape, 1st. Simmons was arrested after police responded at 11:53 p.m., Friday, to a report of a fight involving a knife in the parking lot of a business on West Main Street, Batavia. Police conducted a search of a vehicle reportedly belonging to Simmons and allegedly found 44 glassine bags of crack cocaine. Simmons was arraigned in Batavia City Court and ordered held on no bail. As police transported Simmons from the courthouse to the jail, Simmons allegedly tried to escape and had to be restrained with the assistance of deputies at the court facility.

Zachary Jordan Ayres, 18, of Oak Street, Batavia, is charged with grand larceny, 4th. Ayres is accused of stealing approximately $1,300 in jewelry from a woman in Byron and selling the items to a business in Batavia.

Anthony C. Privitera, 19, of Mill Street, Le Roy, is charged with DWI, driving BAC of .08 or greater, unsafe start, failure to keep right, open container in a motor vehicle and unlawful possession of alcohol by a person under age 21. Privitera was stopped Sunday in the Village of Le Roy by Le Roy PD.

Kimberlin D. Lester-Benjamin, 49, of Carl Street, Buffalo, is charged with petit larceny. Lester-Benjamin is accused of stealing $89.95 in merchandise from Target.

Kenneth Merville Nobles, 66, of Genesee Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and speeding (72 mph in a 55 mph zone). Nobles was stopped at 6:13 p.m. Saturday on Route 19, Le Roy, by Deputy Brad Mazur.

Jamie Scott Scholonski, 39, of Vine Street, Batavia, is charged with petit larceny. Scholonski is accused of stealing $632 in quarters from a residence in Pavilion.

Nicholas M. Lyons, 31, of 112 State St., Batavia, is charged with criminal contempt, 2nd. Police responded to a report of a domestic disturbance on State Street at 11:40 p.m., Friday, and found Lyons allegedly in violation of a "stay away" order involving another person. Lyons was jailed on $2,500 bail.

Daniel F. Orlando, 29, of 555 E. Main St., Batavia, is charged with harassment, 2nd, and obstructing governmental administration. Orlando is accused of physically obstructing police while officers were investigating an incident at Orlando's residence. Orlando was jailed on $3,000 bail.

Timothy L. Taylor, 37, of 655 Ellicott St., Batavia, is charged with assault, 3rd. Taylor is accused of assaulting another person following an argument. Taylor was jailed on $5,000 bail.

Daniel Lee Ward, 25, of Oak Orchard Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Ward was arrested following investigation into a motor-vehicle accident on Fisher Road, Oakfield, at 1:48 a.m. March 3.

Adam C. Hegge, 31, of 14 Overlook Drive, Batavia, is charged with felony DWI and driving with a BAC of .08 or greater. Hegge was arrested Friday by Officer Dan Coffey following a report of a suspicious vehicle in the Batavia Cemetery.

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