batavia

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.

Scott Michael Combs, 39, of Brockport Holley Road, Holley, is charged wth DWAI-Drugs, moving from lane unsafely and driving across hazardous markings. At 4:11 p.m., Monday, the Sheriff's Office received a report of a black sedan operating erratically in the Village of Oakfield. Deputy Chad Minuto located the vehicle and initiated a traffic stop. Combs was allegedly found to be driving while under the influence of drugs.

David Wayne King, 54, of Batavia Oakfield Townline Road, Batavia, is charged with petit larceny. King is accused of shoplifting from Walmart.

A 16-year-old of Central Avenue, Batavia, was arrested on a failure to appear warrant out of Town of Batavia Court. She was allegedly supposed to appear on a petit larceny charge.

An arrest has been made in the case from September of an employee's purse being stolen at UMMC and the credit cards being used at Batavia stores.

Kiara K. Asante, 21, of 478 Tremont St., Rochester, is charged with forgery, 2nd, criminal possession of stolen property, 4th, criminal possession of stolen property, 5th, and attempted petit larceny.

Asante is currently an inmate in Monroe County Jail and was transported to Batavia City Court yesterday where she was arraigned and returned to Monroe County, where she faces similar charges.

Police believe Asante and two male associates were traveling the state, entering hospitals and colleges and stealing wallets and purses and then using the credit cards. 

Asante and her associations allegedly entered UMMC on Sept. 11, took a purse and then used, and attempted to use, the credit cards at Batavia businesses.

A 41-year-old man suspected of other property crimes is facing a new burglary charge following an investigation by the Batavia PD into a break-in Dec. 10 at a residence on Thorpe Street.

Charged with burglary, 2nd, is Eric P. Doleman, no permanent address.

Doleman is accused of making forced entry while the residence was unoccupied and stealing a number of wrapped Christmas presents.

For a time about a year ago, Doleman reportedly lived in an apartment on Thorpe Street.

Doleman, currently being held without bail, is also accused of joining with a partner, Frederick H. Robidoux Jr., 49, no permanent address, and breaking into a residence at 10 Maple St., Batavia, Dec. 29.

He is also a suspect in a car break-in at Tops Market on Dec. 13.

A motor-vehicle accident has been reported on Wilkinson Road near the railroad tracks.

It's unknown if there are injuries.

East Pembroke Fire Department and Mercy EMS dispatched.

UPDATE 9:22 a.m.: A firefighter on scene helped push the car out of a ditch and the car continued on its way. No damage. No injuries. All emergency response cancelled.

Press release from Genesee County Economic Development Center:

Premiere Credit of North America, LLC, a leading national accounts receivable management company headquartered in Indianapolis, Ind., is expanding its operations and opening a call center located on Mill Street in the City of Batavia. Premiere Credit has signed a lease for 8,500 square feet, with the option of taking the total 13,500 square feet of space. Premiere Credit expects to employ 50 people at the Mill Street location and plans to be up and running by March 1 or sooner if possible.

“Premiere Credit is a dynamic and growing company. We are excited to open a call center in this location and look forward to welcoming 50 residents of the City of Batavia and the surrounding area to our team,” said Rob Meck, Premiere Credit president and CEO.

“This is not only a win for Batavia, but a national win; outsourcing of call center jobs has been going on for years, keeping these positions in the United States is ideal,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center. “It genuinely shows the quality of Premiere Credit as a leader in corporate responsibility. We welcome them to our community."

“We are thrilled Premiere leadership was able to recognize the talent, value and willingness of Batavia to support their business growth," said Jason Molino, city manager. “Mancuso’s ability to sell our community and Harris’ patience to land a call center tenant does not go unnoticed either.”

Premiere Credit contracted with CB Richard Ellis (CBRE) to find a suitable location to open its new call center. The request for proposal, seeking locations in Western New York, led to interaction with Chris Suozzi, VP of business development at GCEDC, who worked with CBRE to bring Premiere Credit to the Mill Street location.

After visiting many different sites throughout Western New York, Premiere Credit decided that Batavia was the best location.

“Given the variables of the project this was the ideal setting,” Suozzi said.

Suozzi and Tony Mancuso of Mancuso Commercial Reality have been working together since 2009 to fill this location.

“The Mill Street location, owned by Harris Mill Street Properties, has been vacant since July of 2009,” Mancuso said. “I was thrilled at the opportunity to show the building and believed it is the perfect fit."

Suozzi and Mancuso engaged Julie Pacatte, economic developer of the Batavia Development Corporation (BDC), and Louis Lopez, Business Services representative of the Department of Labor, to further assist with the project.

“The collaboration of GCEDC, BDC, Genesee Career Center, Mancuso Commercial Realty and Harris Properties sends a strong unified message that significant support is available for business in the City of Batavia,” stated Ray Chaya, BDC board president.

Dave McCarthy, a resident of Grandview Terrace in Batavia, had a special visitor today -- a fox decided to help himself (or herself) to suet on the snow. (Photo courtesy McCarthy.)

In an effort to grapple with ever increasing retirement and healthcare costs, along with maintaining the city's contingency funds, Batavia City Manager Jason Molino is recommending a property tax increase for fiscal year 2012-13.

The proposed budget increases the tax levy by 4.32 percent, or $241,221, to cover anticipated expenses of $15,758,611.

The increase is about $4,000 less than allowed under the state's tax cap law, according to Molino's budget message.

The rate would become $10.94 per $1,000 of assessed value, or $37 per year, or $3 per month, on a home assessed at $80,000.

Near the end of his budget message, Molino, a huge hockey fan, writes, "Put in perspective, Time Warner Cable increased the standard cable rate December 1, 2011 by $4.55/month or $54.60/year, and now you can’t watch the Sabre’s games."

Molino writes:

However, as stated in this message the City is faced with challenging decisions due to detrimental increases in state mandated costs. Use of reserve funds have been tapped to larger extents this year as fixed costs in retirement and healthcare surge, and needed equipment replacements and sidewalk repairs are required. In addition, for the first year in the last five, it is proposed that the City utilize unappropriated/unreserved fund balance to assist with balancing the budget.

State aid for municipalities will likely be reduced again, Molino said.

Retirement contributions are expected to increase 15 percent over the previous fiscal year, or by $182,000.

Healthcare is expected to go up 16 percent, or $256,000 over the prior year.

Much of the healthcare increase is being driven by an increase in health insurance for retirees.

Even with the increase in taxes, the city will need to tap $100,000 from its undesignated reserves to help balance the budget.

The budget also includes setting aside funds for future, potentially larger, increases in retirement and healthcare costs. Those reserves built up in previous years will be tapped in this budget for $65,000 apiece.

"The State’s woes cannot be an obstacle to the City’s success, and this budget continues to put our best foot forward by building our great City to its fullest potential," Molino said.

Designated reserves for equipment replacement ($210,000) and sidewalk repair ($75,000) are also expected to be used in 2012-13.

The undesignated fund balance as of March 31, 2011 was  $493,273, which Molino said is far below the NYS Comptroller’s recommended levels of 5 to 10 percent of general fund operations, which would mean a healthy reserve would be $750,000 to $1.5 million.

The city will need to spend $36,000 on a new phone system, according to the budget message. The current system was scheduled for replacement in 2009 but wasn't. Its manufacturer will discontinue support for the system this year, making repairs more expensive and less reliable.

Water rates will go up 3 percent, if the proposed budget is approved, to $4.44 per 1,000 gallons. Water customers will also pay $8-per-year for anticipated infrastructure repairs and improvements. The fee increases 50 cents year-over-year.

There are no anticipated adjustments to the sewer rate.

In the conclusion of the budget message, Molino writes:

It is strongly encouraged that the City Council considers the proposed tax increase in order to safeguard against significant increases in retirement, healthcare or other costs. While it is understood that a property tax increase is not a popular decision, approving a modest property tax increase complemented with an increase in the contingency account may avoid the need for a more drastic tax increase in following years, which may require overriding the tax cap.

To read the budget message, click here (pdf).

Photo: City Hall photo, file photo.

A big pile of snowdrift is reportedly blocking the roadway and creating a hazard at Transit and Batavia--Elba Town Line roads. A Sheriff's deputy has been dispatched.

A man is reportedly stuck on a ramp in the snow in his electric wheelchair on North Street in Batavia near Narramore Drive. City fire is responding and told to proceed in non-emergency mode.

Dale A. Swiatowy Jr., 36, of 16 Wood St., Batavia, is charged with two counts of falsely reporting an incident, 3rd. Swiatowy allegedly claimed on Dec. 20 that a man attempted to rob him near Evans Street, cutting him with a knife. On Dec. 23, Swiatowy allegedly reported being stabbed while being robbed on Liberty Street. An investigation by Batavia PD and Investigator Chris Erion of the Sheriff's Office revealed that both reports were allegedly untrue and that the wounds were self-inflicted. (Dec. 20 report; Dec 23 report)

James Russell Hughes, 52, of Oatka Trail, Le Roy, is charged with assault, 3rd. Hughes is accused of head-butting a woman during a domestic incident Jan. 2. An order of protection was issued for the woman at Hughes's arraignment.

Donna L. Richardson, 59, of 43 Main St., Le Roy, is charged with DWI and driving on a suspended registration. Richardson was stopped Thursday evening in the Village of Le Roy by Le Roy Police.

Tony R. Smith is indicted on a count of grand larceny, 3rd. Smith is accused of stealing property valued at about $31,000 from a business on Gilbert Street in Le Roy, including boxes containing brass draw lead nuts, copper draw lead terminals and aluminum blocks, between May and July 2011.

Roy K. Way is indicted on counts of felony DWI and and felony driving with a BAC of .18 or greater. Way is accused of driving while drunk on South Pearl Street and Brooklyn Avenue in Batavia on Sept. 12.

Sara K. McCabe is indicted on a count of felony DWI, three counts of aggravated DWI (driving drunk with a child 15 or under in the car) and one count of operating a motor vehicle without a required interlock device. McCabe is accused of driving drunk with children in the car in the parking lot of McDonald's in Le Roy on Aug. 25.

The possible "yogurt cluster" in Batavia is part of a statewide trend in the manufacture and distribution of Greek yogurt, according to a story just published by the The New York Times.

Alpina Foods, the United States arm of a major South American dairy company, is building a $20 million plant in Batavia to make Greek yogurt topped with granola. And state economic development officials are negotiating with another major food maker to set up a dairy products plant in the same area, creating the possibility for what one executive called a “yogurt cluster.”

Of course, readers of The Batavian (and no other local source in this case) know the "major food maker" is PepsiCo.

However, I spoke to some dairy product insiders recently who don't believe yogurt is what PepsiCo is planning. They said they expect Pepsi to announce a dairy-based nutrition drink.

More from the Times:

National retail sales of the thicker style of yogurt more than doubled last year, jumping to $821 million for a 52-week period ending in October ...

New York’s dairy farmers are among the biggest beneficiaries of the public’s love affair with Greek yogurt, since it typically takes three times as much milk to make a pound of Greek yogurt as it does for regular yogurt. “This is a ‘once every two or three generations’ situation,” said Bruce Krupke, executive vice president of the Northeast Dairy Foods Association. “All of the right forces have come together to make it very attractive to build in New York state.”

Data compiled by the New York State Department of Agriculture and Markets shows that the state produced 368 million pounds of yogurt in 2010, nearly 40 percent more than the previous year. Over five years, production rose almost 60 percent. Much of that increase is for Greek yogurt production. ...

The Greek yogurt boom has translated into jobs in rural areas of New York that badly need them. Chobani (a brand of Greek yogurt) said it currently employed about 900 people in New York and expected to add about 100 more. Fage said it had about 240 full-time employees and expected to add about 150. The new Alpina plant in Batavia will employ about 50 people.

We're still in a wait-and-see mode about Pepsi and how the rest of the ag park will fill out, but this was some interesting information from the NYT.

Read the whole article here.

It would be tempting to look at Kala Stein's "Convivium" as just a table with a bunch of cups on it, but approach the sculpture and take a moment with it, and you discover it encourages a contemplative review of its subtle beauty.

Convivium is on display at the Roz Steiner Gallery on the Genesee Community College campus from Jan. 17 through 27.

The sculpture was installed over the past two days.

Stein has written this about it:

Convivium describes a coming together, a celebratory congregation, a banquet of minds. This type of gathering is a venue for exchange, a place to spark new relationships, and to cultivate what presently exists. It is about the constructive potentials of the collective.

The cup is a vernacular object; I use the goblet as a tool to symbolize human interaction within the convivium and the idea of convivium itself. Repetition and expansion, physical derivatives of time and space, distort the vessel beyond iconic function and shifts its singularity into a dizzying display of geometric patterns. The goblet is no longer a goblet; it is a unit within the whole. The area beyond the strict limits of the objects accommodates surprise and discovery. Function becomes irrational and form becomes pattern.

Ceramic, wood and glass are used for their aesthetic qualities and structural abilities. The materials are processed out of necessity – beyond raw but short of finished. An unpolished state is absolute structure and illustrates a depth of purity and the truth of the material.

Stein has a master's degree in fine arts from Alfred University, where she currently teaches and works as a studio artist.