batavia

With supportive friends and family in the courtroom, and a letter of support from an officer of the law he assaulted, 22-year-old Craig A. Tiberio-Shepherd, was given a second chance in county court today.

Tiberio-Shepherd, facing up to four years in prison, was sentenced to five years probation by Judge Robert C. Noonan.

Previously, Tiberio-Shepherd admitted to assault, 3rd, criminal possession of a controlled substance, 4th, and felony DWI.

Twice -- in July and in November -- Tiberio-Shepherd appeared before the judge with Noonan prepared to send the Le Roy resident to state prison. But those sentencing hearings were delayed and Tiberio-Shepherd continued on in substance-abuse programs, enrolled in college and held down a job.

"The significance in not sending you to state prison tells me that you've climbed a very, very high hurdle to be here today and be in a position to get probation," Noonan said.

A member of the Local Drug Enforcement Task Force who suffered minor injuries in a scuffle with Tiberio-Shepherd in April initially told the court the young man should be sent to prison, but after meeting with Tiberio-Shepherd the detective wrote to Noonan and said he supported the recommendation for probation.

Tiberio-Shepherd has been attending Genesee Community College and getting good grades. He plans to enroll at Buffalo State University in the fall.

Noonan also received letters of support from several people in the community and the pre-sentence report by Genesee Justice recommended probation.

In all, Tiberio-Shepherd was sentenced to five years probation each on the drug charge and the DWI conviction, and  three years probation on the assault.

He faces repayment of fines and restitution, plus his driver's license was revoked.

"I've noticed he hasn't gotten all cocky about his treatment progress and he seems to accept the fact that this is something he is going to have to work hard doing for a long period of time, which is not only sobriety, but criminal-free living, which he intends to do," said his attorney, Thomas Burns.

In a brief statement to the court, Tiberio-Shepherd, thanked Noonan for the chance to turn his life around.

Press release:

United Memorial Medical Center is pleased to announce that it has received $500,000 in NYS Economic Development funding. Five years ago, United Memorial began a multi-phased project to rehabilitate the former St. Jerome Hospital building, which is located at 16 Bank Street in the heart of Downtown Batavia.

The first phase renovated the ground floor to create an outpatient diagnostic center along with offices for primary care and occupational medicine services. The second phase addressed the upper floors and created 37 housing units for seniors 55 years of age or older earning less than 50 percent of the area median income. Several of the units contain features to assist those with mobility, hearing or visual impairments.

At the beginning of the second phase of the project, New York State Senate Majority Leader Dean Skelos, Senator Mary Lou Rath and then County Legislator Mike Ranzenhofer announced $500,000 in NYS Economic Development Assistance funding to assist with the redevelopment.

At that time, United Memorial’s President and CEO Mark C. Schoell stated, “The support from the State Senate will help us reinvigorate an important area of Downtown Batavia and re-purpose a vacant structure so that it once again serves the residents of Genesee County by providing the necessary elements of employment, housing and access to health care.” 

The adaptive reuse of the building was completed in November 2010; however the NYS Economic Development Assistance funding had not been received. United Memorial solicited help from the 61^st District, New York State Senator Mike Ranzenhofer’s office.

“Senator Ranzenhofer has been diligent in assisting the hospital access the funds promised in 2008,” Schoell said. “The Jerome Center Project is an exemplary illustration of cooperation between government and the private sector to preserve an historic property and provide important services to the community. We greatly appreciate Senator Ranzenhofer’s dedication and commitment to healthcare, housing for our vulnerable population and economic growth.”

Senator Ranzenhofer said "Mark and I have been working closely together for many months to ensure that United Memorial received the funding it had been promised in 2008 for the Jerome Center Project. As a result of our collaborative efforts, we were able to push the funding part of this project across the finish line.

"The Jerome Center Project has had a positive impact -- particularly, the many jobs it has created and the services the site now offers to the community. I hope that the project serves as a paradigm to encourage both organizations and individuals in the community to contact me when encountering a state-related issue."

The Jerome Center currently houses a comprehensive diagnostic center offering medical imaging and laboratory specimen collection; the Corporate Health Center for occupational medicine services; Batavia Family and Pediatric Care; Surgical Associates; Hope Haven, the only secure inpatient chemical dependency rehabilitation unit in the GLOW region; and the fully occupied Jerome Senior Apartments.

The site also hosts a gift shop, refreshment kiosk and cafeteria. Next month an Urgent Care Center will open in the Jerome Center to provide an affordable and timely alternative to emergency room care for non-life threatening illnesses and injuries.

A pedestrian has reportedly been struck by a car at the intersection of East Main and Clinton streets, City of Batavia.

No word yet on possible injuries.

City Fire Department and Mercy EMS dispatched.

UPDATE 8:20 p.m.: Patient is conscious and alert, able to move, complaining of left side body pain.

A Batavia woman still suffering from serious injuries following an accident March 8 in Batavia won't get out of jail any time soon to help her recovery, Judge Robert C. Noonan ruled today.

Michelle T. Crawford, 26, of 7963 Batavia Stafford Townline Road, had her jaw wired shut following the accident, but Noonan said that given her legal status at the time of the accident, he couldn't see setting a bail amount for her.

Crawford was on probation stemming from a DWI arrest in Erie County and had already been convicted once of a probation violation.

She appeared before Noonan days before the accident, having completed one substance abuse program and was awaiting an open bed in another treatment program.

"She committed to me that she had seen the light and was all rehabilitated and ready to get on with a clean life," Noonan said. "She expressed on the record that if she was allowed to stay at liberty until we could find a bed or another treatment program she would stay clean."

Noonan continued the case pending sentencing on the probation violation until 9:30 a.m., April 16.

Assistant District Attorney William Zickl said Crawford was operating on a suspended license at the time of the accident and he has been told by investigators that she had alcohol and a small amount of cocaine in her system at the time of the accident.

She may be facing multiple felony charges, though the Sheriff's Office has not yet completed its investigation.

When Noonan said he wouldn't let Crawford out of jail, she turned and looked at her parents and boyfriend in the gallery and started to cry just a bit.

Crawford didn't speak during the hearing.

Her attorney, Lackawana-based Louis Violantin, pleaded with Noonan for a lower bail to help his client be better prepared for what may come next.

"The court may be hesitant to set reasonable bail," Violantin said. "It's imperative that we do get her help because she's ailing right now and certainly jail is not a hospital. Michelle needs to get herself well physically right now in order to be able to go through anything else."

A Batavia woman accused of defrauding elderly Genesee County residents of more than $300,000 was in court today for a bail review hearing and sat in her chair and sobbed through the entire proceeding.

Heidi L. Schollard, 161 Bank St., Batavia, had her bail adjusted by Judge Robert C. Noonan upward to $50,000 cash or bond.

Her original bail set in a lower court was $25,000. She is in the custody of Genesee County Jail, but being held in Livingston County Jail, which has facilities for women inmates.

Schollard was initially arrested in December 2010 for allegedly stealing about $250,000 from a Batavia resident and that case is still pending.

She was out of jail during the proceedings in that case and was arrested again earlier this month and accused of defrauding another elderly person. The alleged victim in this case is a resident of Alabama.

In both cases, Schollard was reportedly a care giver for the victims.

Schollard is accused fraud and filing false tax returns. 

The charges against Schollard include two counts of criminal tax fraud, 3rd, two counts of grand larceny, 3rd, one count of grand larceny, 4th, 13 counts of offering a false instrument for filing, five counts of forgery and 10 counts of falsifying business records.

Temperatures could drop as low as 25 degrees tonight and that is going to be bad news for flowering trees, budding plants and other shrubs with newly sprung sensitive leaves.

"Twenty eight degrees is the critical temperature," said Jan Beglinger, agriculture outreach educator and master gardener coordinator for the Genesee County Cornell Cooperative Extension.

If it drops below 28 degrees -- especially if there is no breeze and cloud cover -- a lot of plants could be damaged.

Beglinger recommends covering plants with blankets, burlap or newspaper (but not plastic, which doesn't provide any insulation), where and when possible.

Blooms and budding for plants have come unseasonable early, but Western New York is not officially out of winter yet.

"I knew when we had beautiful weather for 10 straight days, we were going to pay for it," Beglinger said.

Photos of the cherry blossom of the trees between the Upton Monument and the Old Courthouse. I figured today might be my last day this year to get any shots of the blossoms.

John Kennedy School kicked off a reading program today with a "Dancing with the Stars" contest in the school's auditorium.

The stars were faculty and staff dressed up as characters from popular children's stories, from Shrek to Snow White and Puss 'n' Boots.

It was a full, multi-media event with rehearsal videos and zingers from the judges.

Children earn tickets to vote for their favorites by completing nightly reading assignments with their parents.

Edwin L. Stancliff, 32, of Alleghany Road, Pembroke, and Adrienne F. Yocina, 31, of Alleghany Road, Pembroke, are charged with unlawful growing of cannabis and criminal possession of marijuana, 5th. Both charges are misdemeanors. Stancliff and Yocina were allegedly found growing cannabis on their property and possessing marijuana in excess of 25 grams during an investigation of an incident at 8:20 p.m., Aug. 13, 2010.

Tammy Marie Chojnacki, 40, of Pike Road, Batavia, is charged with felony DWI and felony driving with a BAC of .08 or greater. Chojnacki was arrested by Deputy Matt Fleming at her residence following an investigation at 9:24 p.m., Saturday, into a reported domestic incident in her car.

Jesse Stephen Stocking, 24, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding. Stocking was stopped on Route 33 in Pembroke at 4:46 p.m., Saturday, by Deputy Matt Fleming.

Robert Jeffery Curry, 22, of Dillon Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 1:02 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Christopher Willard Logsdon, 24, of Big Tree Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 12:23 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Cody Allen Eaton, 22, of Main Street, Attica, is charged with DWI, driving with a BAC of .18 or greater and speeding. Eaton was stopped at 1:54 a.m., Saturday, on Pearl Street Road, Batavia, by Deputy Howard Carlson.

John Charles McGrath, 43, of South Main Street, Batavia, is charged with criminal mischief, 4th, resisting arrest and harassment, 2nd.

Lori Ann Brightenfield, 52, of Main Road, Stafford, is charged with aggravated harassment, 2nd. Brightenfield is accused of using a telephone for no legitimate purpose to contact another person she was allegedly told previously not to contact.

Joseph Carl Jeffords, 21, of Swan Street, Batavia, is charged with criminal mischief. Jeffords is accused of driving across the lawn at College Village and while driving across the lawn, intentionally speeding up, leaving ruts. The alleged incident was caught on tape.

Wilson Figueroa, 28, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa's car was stopped for alleged traffic violations on Route 33, Stafford, and was found to allegedly have as a passenger protected by an active stay away order.

Stephen D. Reamer, 53, of 76 Gilbert St., Le Roy, is charged with felony aggravated DWI. Reamer was stopped Friday morning in Le Roy by Le Roy Police.

A Batavia resident has admitted in Batavia Town Court that he was working as a self-employed scrap recycler while obtaining social services benefits.

Lee Heckman, 35, of 5 Fairmont Ave., Batavia, entered a guilty plea to one count of attempted grand larceny, 4th.

Heckman admitted to obtaining $2,176 in temporary assistance and food stamps from DSS under false pretenses from March 2011 to July 2011.

As part of his plea, Heckman agreed to pay back DSS the $2,176 by the time he is sentenced on June 25. He is disqualified from further public assistance through DSS.

Heckman is out of jail and under the supervision of Genesee Justice.

There was a big turn out today at St. Joe's for Batavia's Irish Afternoon, featuring music by Penny Whisky and entertainment by the McMahon Irish Dancers (unfortunately, I missed the dancers).

If your thing is trains, Batavia Downs was the place to be Sunday.

What started as an effort to organize and examine all of the old articles of clothing in the Holland Land Office Museum has turned into a new exhibit displaying the history of WNY wedding dresses.

More than 30 dresses -- most of them owned by HLOM, but some from local residents -- are on display and the show officially opens with a reception at 11 a.m. to 3 p.m., March 31.

The collection includes Civil War era dresses up through more modern gowns, including a 1940 plain satin gown and train, a 1920s-era lace gown with bolero jacket, a flapper gown of the same era and a 1870s two-piece wedding suit.

Charles Men's Shop is supplying a modern tux for display and Stella's Wedding Boutique is displaying a new wedding dress.

Treats from Sweet Ecstasy Bakery in Stafford will be served at the opening reception Saturday, and there will also be door prizes.

The picture came a bit clearer today at the annual Genesee County Economic Development Center luncheon on how the agency landed a $206 million joint-venture Greek yogurt plant for Batavia.

Mark Koenig, director of engineering and technology at the PepsiCo Global Nutrition Group, said while there were a few reasons Pepsi and the Theo Muller Group picked the Genesee Valley Agri-Business Park for Project Wave, a key was getting site-grading permits within 15 days.

Koenig, who heads up similar projects for Pepsi all over the world, lost a bet with Chris Suozzi, VP of Business Development for GCEDC.

"I bet him my house, my wife and my salary that he couldn't get us permitted in 15 days," Koenig said. "I've never seen a greenfield site get permitted in 15 days. I said, 'there's no way.'"

He added, "This team delivered."

The 15-day permitting process allowed Wave Holding LLC to fast-track its development plans, which Suozzi agreed after the meeting was absolutely critical in bringing the project to Batavia.

Without the 15-day permitting, Pepsi and Muller would have been looking at a 30-month process to get its new Greek yogurt products to market. The current timeline is 18 months, all because Town of Batavia officials were able to move the permitting process along quickly.

Earlier this week, GCEDC CEO Steve Hyde told county legislators that Souzzi was instrumental in getting Batavia from the B-list for the project to the final four possible sites.

Koenig also said of critical importance to Pepsi and Muller was the world-class dairy industry in Western New York.

"This is an ag area that is the best in class and that's why we're here," Koenig said. "You have a good milk supply and your milk is the best in its class."

It also helps that from Batavia, Wave Holding can easily reach a third of the potential market in the U.S. for its new Greek yogurt.

Pepsi partnered with Germany-based Muller, Koenig said, because Muller has proprietary recipes and world-class technology for producing yogurt.

The incentive package put together by NYS and GCEDC was also important, Koenig said, but Pepsi was also impressed by the warm welcome the company has received from the community.

"The community support has been fantastic," Koenig said. "All signs say this is going to be a success with the community for years to come and in future growth."

Top: Koenig; bottom, Hanno Lehmann, a senior project manager from the Muller Group.

An early morning medical emergency brought Mercy Flight to Chandler Avenue in Batavia, but it wasn't just another life-saving mission for the crew of Mercy Flight 5.

It was the 20,000th mission flown by the Buffalo-based non-profit air ambulance corps.

“When I started Mercy Flight back in 1981, I never dreamed that we could help so many people,” said Douglas H. Baker, Mercy Flight’s founding president. “I’m extremely proud of what we have been able to accomplish over the last 30 years as a not-for-profit organization.

"We never could have reached this milestone without the assistance and support of our local volunteer firefighters, hospital and law enforcement partners and the communities we serve.”

The dispatch came at 2 a.m., Friday, and the patient was transported from Batavia to Strong Memorial Hospital in Rochester.

Mercy Flight operates from bases in Buffalo, Batavia and Olean.

Last year, Mercy Flight forgave more than $700,000 in care provided to uninsured or under-insured patients, according to a press release.

The average cost is $842 per flight.

Individuals and groups can "Sponsor A Mission" with a donation of $842. For more information, visit mercyflight.org or call (716) 626-4100.

Wilson Figueroa, 38, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa reportedly was under court order out of Rochester City Court from being with a certain person. During a traffic stop on Route 33, Stafford, at 4:01 p.m., Wednesday, the protected person was allegedly in Figueroa's vehicle.

Aicha Keita, 20, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny. Keita is accused of stealing $206.65 in merchandise from Walmart.

Nearly two dozen students and faculty members are walking around Batavia High School today with quite a bit less hair.

They all participated in a fundraiser and show of support Wednesday evening for Brandon Johns, a Batavia Middle School student afflicted with cancer.

The event was organized by BHS National Honor Society and conducted in conjunction with BHS Spirit Week.

Head shaves were provided by stylists from Total Image Hair Salon and following the shaves, students and faculty participated in a volleyball game.

Photos and information submitted by Steve Ognibene.

Executives from PepsiCo and the Muller Group will be keynote speakers March 23 at the Genesee County Economic Development Center's annual meeting at the college.

The two companies are behind Project Wave, the $206 million yogurt plant being built at Genesee Valley Agri-Business Park.

Mark Koenig, director of engineering and technology at the PepsiCo Global Nutrition Group -- who was in town when grading started in November although Pepsi's involvement was still officially a secret -- will be joined for a keynote presentation by Hanno Lehmann, a senior project manager from the Mueller Group.

Wave Holding, LLC -- the official name of the joint venture -- is expected to employ nearly 200 people in the near term and perhaps as many as 600 people if the new line of Greek yogurt is as successful as Pepsi and Muller project.

The new joint venture is receiving more than $11 million in tax abatements to build the plant in Batavia, which was initially not even a top-tier choice in the site selection process.

Also speaking at the event will be Rep. Kathy Hochul, State Sen. Michael Ranzenhofer, Assemblyman Steve Hawley and County Legislature Chairwoman Mary Pat Hancock.

GCEDC CEO Steve Hyde will make a presentation on some of the agency's 2011 highlights.

The luncheon is from noon until 1:30 p.m., March 23, at Genesee Community College. Tickets are $15 or $20 at the door. For reservation and tickets in advance, call 343-4866.

Pembroke eked out a narrow victory over Notre Dame in the semifinals of the Mock Trial Tournament Wednesday.

The four remaining teams faced off in Warsaw.

While Pembroke won on points against Notre Dame (101 to 99), splitting the match 1-1, Attica beat Warsaw handily, 124 to 88, taking both sides (prosecution and defense) of the match.

Pembroke and Attica will square off at 5:30 p.m., Monday, in the Genesee County Courthouse with Judge Robert C. Noonan on the bench.

Which ever team wins Monday, it will be the first time in the history of the local tournament that a team other than Batavia won. Batavia went 1-3 in early competition and was knocked out before the quarterfinals.

The photos in this post are of the Notre Dame and Pembroke teams.

Notre Dame team members: Meghan Zickl, Anneliese Aliasso, Andrew Fischer, Matthew Sausher, Kendra Wall, John Lapple, Ariana Aliasso, Rosalie Mortellaro, Jake Krajewski, Brittany Perzia, Caleb Nellis, James Spear, Anna Arner, Natalie Mouton, Katie Fischer, Andrew Cheverie and Rosemary Fulmerfeld.

Pembroke team members: Dean Cullinan, Patrick Burns, Joelle Fugle, Cale Fryer, Rachel Seweryniak, Andrew Renolds, Brett Jones, Brandon Kohorst, Bea Reiner, Christian Burns, Eva Reda-Kenrick, Karen Globm, Justin Sformo and Sabrina Sanner.

Previously: Batavia knocked out of Mock Trial Tournament early; four teams left to vie for title

If you're unable to view the slide show, click here. To purchase prints of these photos (parents, you can't get these photos anywhere else), click here.

A Batavia man who swung a knife at a sergeant from the Sheriff's Office during a two-hour standoff in July will spend two- to six-years in State Prison.

Jody B. Gillette, 50, of 8 Pine Hollow Drive, who has been arrested several times over the years, including two recent allegations of DWI, admitted to Judge Robert C. Noonan that his biggest problem is alcohol.

"I'm a person who drinks and can't shut it down," said Gillette. "It's obvious. And I have anger issues. I should have gone to anger-management classes a long time ago."

Neighbors and friends of Gillette's sent letters to Noonan prior to Tuesday's sentencing urging a non-prison sentence, telling Noonan that Gillette is a very nice person when he's not drinking.

Sgt. Thomas Sanfratello made a victim statement and said Gillette was alternately calm and dangerously angry during the two-hour standoff in the trailer park July 26. He said eventually officers were able to deploy a Taser, which slowed Gillette down, but Gillette almost got back on his feet before he was apprehended.

"He's been on a downward spiral and somebody who is a danger to himself or others when he is drinking," Sanfratello said. "He is a threat to society and deserves incarceration for the maxium period of time."

Gillette said he first got into trouble in 1975 when he was consuming marijuana and alcohol. He was arrested for buglary and put on probation, which he soon violated.

"I was young and rebellious," Gillette said.

Eventually, Gillette went to college, completed parole, and after his second DWI arrest realized he couldn't even have one drink of booze. He said he was clean and sober for more than a decade.

Then he was laid off, lost his house, lost his long-time girlfriend and became angry and depressed, he said.

Assistant District Attorney Melissa Cianfrini said to this day his mobile home roommates don't know why Gillette became angry that day, but Gillette accused both of them of not paying rent and one of them of eating his dinner that evening.

At one point turning the standoff, Gillette waved a sword and assumed a samurai stance, threatening Deputy Chad Minuto.

Public Defender Gary Horton said that Gillette has shown that he can stay sober for a lengthy period of time and should be given a chance at rehab.

Noonan said if Gillette was accused of purely an alcohol-related offense, such as DWI, he might take into consideration his periods of sobriety, but given the seriousness of the events in July, a term in prison was appropriate.

"This very easily could have ended up in a terrible tragedy," Noonan said.

Gillette still has two pending DWI charges, including one stemming from a rollover accident in February 2011.

A car vs. pedestrian accident is reported at 162 Bank St. in front of the deli. The pedestrian is complaining of minor injuries. City Fire Department and Mercy medics are on scene.

UPDATE 4:59 p.m.: Mercy has arrived at UMMC with a 14-year-old male patient who has scraped knees but is said not to be in pain.