batavia

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.

The blowing snow has apparently created somewhat of a driving hazard for eastbound drivers on East Main Street in the City of Batavia. Snow has reportedly blocked out the traffic lights at a couple of signals near East Main and Bank streets. A caller tells dispatch that you can't tell which light is showing -- red, yellow or green.

Last October, Empire Tractor moved to a new location at 5072 E. Main St. Road and has taken the past few months to get settled into the new, larger facility.  Today and tomorrow, Empire Tractor is holding a grand opening and open house.

Among the items on display is a newly released Oxbo Model 4334 self-propelled merger. The merger -- pictured below -- is made by Oxbo in Byron and is the only piece of equipment in its class in the world. Several aspects of the technology behind it are patented. The merger can gather hay on 250 to 400 acres in a day. It moves across a field at 8 to 12 mph.

Standing in front of the 4334, above, are Tim Call, president of Empire Tractor, Ken Krokowski, of Oxbo, Steve Werner, Dan Athoe, John Bannister and Bill Friese.

The open house continues tomorrow from 9 a.m. to 3 p.m.

Tomorrow is the first of three singing auditions for students in grades 8 to 12 in Genesee and Orleans counties who would like to participate in a professionally recorded music project with renowned local artist Lisa Barrett.

The Batavia singer/songwriter wrote a poignant song called "Everyday Hero" -- about youths who choose to be drug, alcohol and tobacco free, and who are positive leaders. She is sponsored by GCASA, where she is a prevention educator, and received a Reach Grant this year from GO ART!

Barrett is hoping to gather a choir of about 30 students to perform this song on Saturday, April 30, at the Linden Oaks Studio in Rochester where it will be professionally recorded.

After the recording is complete, the song will then be turned into a You Tube music video.

Along with the audition, potential choir members will be asked to submit a short essay. The essay content should include why they want to be a part of this project, as well as their views on tobacco, drugs and alcohol use.

Either email completed essays to lbarrett@gcasa.org or bring a copy to the audition.

The auditions will be held at GCASA’s Batavia site, 430 E. Main St.

The audition dates are as follows:

• 10 a.m. to 2 p.m., Saturday, March 10
• 6 to 8 p.m., Wednesday, March 14
• 6 to 8 p.m., Thursday, March 22

For more information, contact Lisa by phoning 815-1879 or by email at lbarrett@gcasa.org

The Everyday Heroes Project is made possible by the New York State Council on the Arts, with the support of Gov. Andrew Cuomo and the New York State Legislature.

UPDATED 1:39 p.m.

For a brief time overnight and this morning, a page appeared on Facebook called "Batavia Fights," which promoted itself as a place for students to post videos of their friends and classmates fighting.

One video was posted of two girls reportedly at Batavia Middle School involved in a fight as classmates cheered them on.

Christopher Daily, assistant superintendent of the school district, said the district was aware of the page and video and were investigating possible student involvement.

"Obviously, we don't condone it," Daily told WBTA. "We will work with the authorities as well to make sure that our students' safety is of utmost concern."

The school district contacted Batavia PD this morning and according to Det. Todd Crossett, the PD used a special law enforcement phone number to contact Facebook and alert the social network to the page.

Crossett he didn't have information on whether Facebook removed the page or if the original poster removed it.

There's nothing criminal, Crossett said, about shooting or posting the video and the actual fight itself is a school disciplinary matter and at this point law enforcement isn't involved.

Comments on the video were mostly approving, calling it "cool" and "funny."

At the end of the video an adult appears to enter the shot and break up the fight.

The video appears to have been posted around 5 p.m., Thursday.

By 11:40 p.m., the page was no longer available on Facebook.

A screen shot and the video were saved by WBTA's Geoff Redick before the page disappeared. Redick blurred the video to make it harder to identify individuals in the shots.

Joseph Henry Schenk, 20, of Overlok Drive, Batavia, is charged with criminal possession of stolen property, 5th. Schenk is accused of possessing a watch and refusing to give it back to its owner.

Martin Robert Maye, 36, of Johnson Mill Road, Berkeley Springs, W. Va., is charged with criminal contempt, 2nd, and endangering the welfare of a child. Maye allegedly had contact with a child he is barred from visiting unless a supervisor is present.

Jordan James Bennett, 18, of Tinkham Drive, Darien, is charged with unlawful possession of alcohol by a person under age 21.

Taken this evening on the Tonawanda Creek behind the Kiwanis Park on West Main Street Road, Batavia.

An elderly female has crashed her vehicle into the Dunkin' Donuts shop at 136 W. Main St. in the City of Batavia. She has a head injury. City firefighters and Mercy medics are responding. A code inspector is requested to the scene.

UPDATE 2:45 p.m.: The 89-year-old patient is being transported to UMMC. She is conscious and alert.

Justin M. Wotherspoon, 25, of Gibson St., Oakfield, is charged with criminal trespass. Wotherspoon is accused of entering the hotel room of two women, who were sleeping, without permission.

Melissa J. Vesosky, 25, of 1260 Lehigh Station Road, Henrietta, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Vesosky was stopped at 10:26 p.m. Sunday on East Main Street, Batavia, by Deputy Matthew Fleming.

Douglas S. Sprague, 44, of 63 S. Pearl Street, Oakfield, is charged with criminal contempt, 2nd, unlawful possession of marijuana, and was wanted on a Family Court warrant for alleged failure to pay child support. Sprague allegedly violated an order of protection. At the time of his arrest, at 8:07 p.m, Tuesday, Sprague was allegedly found in possession of two glass pipes containing marijuana. Sprague was jailed on $1,500 bail.

DEC officials and the owners of MY-T Acres have agreed to a $7,500 fine for the farm's Oct. 12 release of a pesticide that led to the evacuation of as many as 300 homes along West Main Road.

The DEC faulted MY-T Acres for application of a restricted use of a pesticide by a non-certified applicator, use of pesticide contrary to the label and contamination adjacent the non-target area.

The pesticide used, Chloropicrin, is applied to potato fields prior to planting.

Oct. 12 was a humid, windless day and the pesticide hung close to the ground. One person was treated for minor exposure and residents who did not evacuate the area were encouraged to close their windows.

MY-T Acres waived a hearing on the violations and agreed to pay the fine.

A possible electrical fire has been reported at 114 North St., Batavia.

Smoke is reported in the residence.

City fire responding.

UPDATE 10:06 a.m.: City fire back in service.

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The Tonawanda Creek, taken Monday evening from River Street.

A third windmill went up on the Partridge Farm on Ellicott Street Road, Batavia, today.

Don and Pat Partridge, who acquired the farm from the White family in 1980, installed their first two windmills four years ago.

Those power plants have supplied about 50 percent of the farm's electricity and with the new windmill, Don hopes to reach 100 percent, or close to it.

"The new windmill is about 30 percent more productive," Partridge said.

The list price on the windmill is close to $75,000, but Partridge received a state grant and won a competitive USDA grant.

He expects to break even on his investment within 12 years (as he will with the first two windmills).

The windmills have an expected useful life of 25 years.

"It's the last half of their life where I'll enjoy them the most," Partridge said.

Partridge, who now works at Cummings & Bricker on Lehigh Street, quit full-time farming in 1999 for "a paying job," but he still raises some corn and hay and has a few head of cattle. The rest of the acreage is run by another dairy farmer.

"We're in a very wind-productive area," Partridge said. "It's Class C wind, which is productive wind. I think we have more wind power than solar."

With all that wind, Partridge said he doesn't understand the resistance to wind power.

"We would like to see more people get involved in solar and wind," Partridge said. "I just don’t understand all of the resistance to the big ones. I wish I had some big-wind ones up here. If the town put four big ones up here, the town residents could get credit for their electric bills. I would think that would be worth doing."