batavia

A motor-vehicle accident, unknown injuries, is reported in front of Miss Batavia Diner, 566 E. Main St. It's in the turning lane. City fire and Mercy medics responding.

It takes money to run a city, and economic growth is what allows a city to provide services for its resident, City Manager Jason Molino believes.

As the City Council wraps up its 2015-16 spending review, Molino is hoping council members will take some time for a serious and in-depth discussion of the revenue side of the budget picture.

"The revenue side of the budget needs focus and we need to understand how to grow that so we enhance and sustain the local economy so that we can provide quality services to residents," Molino said in an interview today. "To sustain a budget we need to ensure a consistent and steady revenue stream. This means the tax base is growing and people have more disposable income."

Molino has written a memo for council members titled "Budget Sustainability (pdf)." It lays out the case for ensuring the city takes steps to improve the economic health of Batavia.

The budget discussion so far has focused mainly on cost containment. The council has taken little time to focus on revenue, Molino says in the memo, but the reason the budget reflects a $250,000 reduction in spending isn't because of cost containment goals. It's because of anticipated declines in revenue.  The city is being forced by local economics to cut spending.

That should give council pause as it considers how to handle programs meant to improve the economic vitality of Batavia, such as the Batavia Development Corp. and Vibrant Batavia.

"Public revenue needs an employed community, so the right question is not necessarily where should we be trimming the City workforce budget, but rather, the right question is: Are City resources optimally structured to reposition Batavia as a great place to raise a family, start and operate a profitable business, and in general, appeal to families," Molino writes in the memo.

There are troubling signs in Batavia's economic outlook, Molino notes.

• The city's taxable assessed value of property is not growing;
• Median family income is below average and poverty is high, according to Moody's Investor Services;
• Three of the city's six census blocks are classified "highly distressed areas";
• Five of the city's six census blocks are deemed "low-income."

"A balanced approach to the city budget needs to include strong initiatives that will provide cost containment, but also strategic direction that will improve the quality of life," Molino writes. "Growth in the tax base and resident income are the lifeblood to supporting municipal services, as well as improved quality of life for City residents. All of our focus must be on retaining our households and repositioning Batavia in the coming years to attract more households and businesses."

There are those who believe it's not the role of government to "create jobs" or focus on economic growth. Molino disagrees.

"If you look at the past 10 years, the amount of economic growth, the big job growth, has been the result of public-private partnerships," Molino said. "The ag park, seven years in the making, is the first industrial development in Genesee County in the last 50 years. That came about because of cooperation between the city, county and town, all of us working together."

A local government that is focused on streamlining the process and marketing a community's assets is going to have more success than one that doesn't, Molino said.

"I think the attitude needs to be what are the reasons we should be doing this and not what are the reasons we shouldn't be doing it," Molino said. "It's the responsibility of a municipal government to reposition the community. If you're completely absent from funding economic growth, the community is going to be absent from opportunities for economic growth."

The city's budget is roughly $16 million and that spending, which provides all of the municipal services residents have come to expect from their local government, is entirely dependent on how well the local economy does. Without investment, not only is growth difficult, but a precipitous decline is a real possibility.

While there's no portion of the property tax levy going into funding Vibrant Batavia or the Batavia Development Corp., the amount of money needed to keep those growth projects going is less than 2 percent of the city's planned spending.

"Sure, we can reduce spending by another 10 percent, but if you don't have a vibrant community and a vibrant business base, all you're going to have is a more depressed Batavia with less capacity to provide services to residents," Molino said.

If you've downloaded the Reacht App for your smart phone, at some point within the next day, we'll ask you this poll question: Should the city fund economic growth initiatives? To download the app, click here. Those who download it will be eiligible for a chance to win a $5 gift card from Southside Deli.

Janet Marie Knauss, 49, of Alpine Lane, Caledonia, is charged with grand larceny, 4th, falsifying business records, 1st, and conspiracy, 5th. Knauss, along with Carol Ann Knauss, 26, of Main Road, Stafford, and Arthur Roy Knauss, 52, of Alpine Lane, Caledonia, are accused of working together to steal from Target. At different dates and times, Janet Knauss allegedly entered false discounts, voided transactions and bagged items that were not scanned so they could be stolen while working as a cashier at the store. The total value of items allegedly stolen exceeds $1,400. Carol Knauss, who was also a cashier at Target, is charged with falsifying business records, petit larceny and conspiracy, 6th. Arthur Knauss is charged with conspiracy, 6th, and petit larceny. The case was first reported in January and investigated by Deputy James Diehl.

Frank Ludwig, 65, of Oakfield, is charged with forcible touching. State Police arrested Ludwig for allegedly having unwanted physical contact with a family member.

Jordon N. Odom, 18, of Stafford, is charged with harassment, 2nd, and criminal mischief, 4th. Odom is accused of striking a family member during an argument and then taking the family member's mobile phone in order to prevent the person from calling law enforcement. He later reportedly gave the phone back. Odom was jailed on $250 bail.

Nicholas T. Stock, 25, of Batavia, Dylan J. Perry, 23, Batavia, and Grayson C. Stock, 23, of Oakfield, are each charged with petit larceny. All three are accused of shoplifting from Walmart. Nicholas Stock and Perry are accused of trying to steal four boxes of Crest White Strips worth $234.96. Grayson Stock is accused of stealing Allegra allergy medicine worth $71.98.

A 16-year-old resident of Byron Holley Road, Byron, is charged with endangering the welfare of a child. The youth is accused of giving an electronic cigarette to a juvenile, which caused "substantial medical distress" for the juvenile.

Dennis Ray Lloyd, 33, of Summit Street, Batavia, is charged with endangering the welfare of a child, assault, 3rd, and criminal obstruction of breathing. Lloyd was arrested following the report of a domestic dispute at a location on Porter Avenue at 10:30 a.m., Feb. 26.

Rachell O. Soggs, 27, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Soggs turned herself in after allegedly failing to appear for a presentencing interview ith Probation. She posted $500 police bail and was released.

Robert D. Cook, 35, of Attica Road, Darien Center, was arrested on a warrant for alleged failure to appear on a suspended/revoked registration charge. Cook turned himself in and was released on $200 bail.

Charles H. Wroten, 54, of Buell Street, Batavia, was arrested on a warrant for alleged failure to appear at the Genesee County Jail for his intermittent incarceration stemming from a third-degree assault conviction. Wroten was located by Probation, assisted by Batavia PD, and released on his own recognizance after being issued an appearance ticket.

Kerrilynn A. McDermott, 34, of Denio Street, Batavia, is charged with harassment, 2nd. McDermott is accused of throwing an iPad at another person and striking that person in the face.

Jennifer A. Way, 35, of Linwood Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving without lights on. Way was stopped at 2:12 a.m. Saturday on West Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Heidi Ann Marie Pahl, 41, of Kibbe Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Pahl was arrested following a report of a vehicle in a ditch on Genesee Street, Pembroke, at 9:27 p.m. on Sunday, which was investigated by Deputy Kevin McCarthy.

Beth Ann Collins, 47, of Lakeport Road, Chittenango, is charged with possession of more than 400 untaxed cigarettes and speeding in zone. Collins was stopped at 11:27 a.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

Genesee County will have four teams playing for Section V championships in their respective classes this weekend.

Elba's Lady Lancers plays Jasper-Troupsburg for the Class D1 crown at Letchworth at 8 p.m., Friday. Elba beat Arkport last night 68-36.

Byron-Bergen's Lady Bees take on Mynderse at 1 p.m., Saturday, at Rush Henrietta after winning last night 42-38 over Gananda.

The Fighting Irish of Notre Dame take on Genesee Valley in the boys Class D1 championship at 7:15 p.m., Saturday, at Blue Cross Arena. Notre Dame beat Mt. Morris 62-45 to advance. Head Coach Mike Rapone asked that fans be advised that officials are going to clear out the stands at Blue Cross Arena following the completion of the 4:15 p.m. game Saturday. Doors will open for the 7:15 game at 6:45 p.m.

The Batavia Blue Devils go for the Class A2 title at 5 p.m., Sunday, against School of the Arts at Blue Cross Arena. (Click here for coverage of their semi-final game). 

The size and speed of Pittsford-Mendon caught up with the Lady Blue Devils in the 4th quarter of their Class B1 Section V semi-final game in Penfield on Wednesday night.

Batavia was outscored 20-11 in the 4th quarter after being held to seven in the third.

"Mendon's girls play defense," said Head Coach Marty Hein. "They know where the screens are going to happen. They get around the screens. It's a totally different level of basketball IQ. They're a well-coached team. They've got a great program, a great feeder program. We weren't getting the same looks we get against other teams. It was a lot more difficult."

The final score was 57-43.

Even as she was constantly harassed and hurried, dogged by defenders and given few opportunities to score, Tiara Filbert still managed six field goals and 16 points on the night, making her the game's high scorer.

Batavia's other scorer, Maddie McCulley hit four field goals and had 13 points.

Significantly, neither girl managed a three-point bucket.

Sam Cecere was held to eight points.

Hein said his team would have benefitted by being a little more patient on offense, setting up more open looks for their scorers.

"I think I'd almost rather have taken 30-second shot clock violations than some of the choices we made offensively, but pressure does that to you," Hein said.

It was a great run for the Lady Devils, which is still a young team. Only three players will graduate off the team. The nucleus is all returners, including Filbert, McCulley, Cecere and Taylor Stefaniak, a freshman who played her way into a starting role over the course of the season and shows a lot of promise as a guard, playmaker and gutsy leader.

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Basketball, when played pure and sweet, is five guys on the court coordinated in a single purpose. It's a team game. Wednesday, the Batavia Blue Devils played as a team to pull away from College Prep in the second half to pull off a 58-48 win in the Section V Class A2 Semi-Final at Blue Cross Arena.

Nerves may have gotten to the Blue Devils in the first half, when they played College Prep even through all 16 minutes and finished the half in a 21-21 tie.

"It was a very hard fought game," said Head Coach Buddy Brasky. "No matter how many times you're here, it's hard the next year the first time you come back. It's the big arena. It's the big stage. I thought we played very tentative early, the entire first half. I thought we were more like a deer in headlights, to be quite honest with you. I got after them a little bit at halftime and asked them to forget where we're playing. 'You've been playing the game your whole life. Just play.' "

Play they did. Jeff Redband, harassed on the perimeter by a swarming defense in the first two quarters, started driving the lane. Trevor Sherwood distributed the ball well, frequently finding Malachi Chenault under the board. Greg Mruzcek disrupted on defense and grabbed rebounds. Jerrett Laskett was a motivational spark throughout the game and was a big reason Batavia was even still in the game in the second half.

"He stepped up big time and that's what seniors are supposed to do," Brasky said. "You know, they're boxing and oneing Jeff. He can barely gets a look and when he gets them. He's got to rush them, so he couldn't get in any kind of a rhythm, and Jerrett just made big plays and hit big shot after big shot. You're right, we wouldn't be standing here talking right now if it was for Jerrett."

Laskett finished with 17 points, two assists, two steals and three rebounds. He was 3-5 on three-point attempts.

Redband led the game with 24 points, going 3-8 from beyond the arch. He had 13 defensive rebounds (14 total) to go along with three blocked shots and a rebound.

Chenault has been coming on strong the past few weeks and scored 11 points, several of them on offensive put backs.

"He's been here before and he knows what it takes," Brasky said. "He was in some foul trouble, but he got some put backs and that was just huge."

Before the game, Brasky told Mruzcek he would need his biggest rebounding performance of the season, and so Mruzcek delivered.

"Greg will do whatever I ask him to do," Brasky said. Greg does not care about anything else except for winning. That's all he cares about. If I were tell him to run down the court backwards the whole game, he would do it, and he wouldn't question me. He would just do it. Yes, Greg was huge, his defense and his rebounding and his physicality. He's been doing that stuff for us all year. He doesn't get a lot of notoriety, but he's a huge part of our success."

In the post-game interview, the first words from Redband, who scored his 1,000th career point in the 4th quarter, were praise for his teammates. 

"All I know Jerret and Malachi played their butts off tonight," Redband said. "They played so good, they played so tough, they rose to the occasion. That was a good team that we just beat right there. We had to fight through a lot of obstacles throughout the game. It was a good win."

Laskett, Redband said, was the difference in the first half.

"He was amazing tonight," Redband said. "He kept us in the game when everybody else was perhaps a little bit nervous, or we were just a little bit thrown off by their defense or something, but he kept us in the game and let everybody else get going. That was big tonight."

The senior guard was clearly fired up from the opening tip off.

"I knew this could be my last time playing basketball," Laskett said. "That's it. It's win or go home."

As for Redband, he played varsity for only a few games his sophomore year and was a starter for only his junior and senior year. At the start of the season, he didn't give himself much of a shot at reaching 1,000 points.

He was surprised when he heard the PA announcement in the 4th quarter.

"I didn't even know I was close to be honest," Redband said. "I thought I needed another hundred.
Just to be on that 1,000-point list is just amazing. I didn't think I would get there. It means a lot that I got it."

The next step, a sectional title, will be tough, but Redband thinks the team has it in them to pull it off.

"We've got to keep going doing what we did all year," Redband said. "We can't get nervous. We can't just be robots out there. We've got to make basketball plays. I feel like we did better towards the end of the game driving and dishing to people who were open. Trevor did some good moves and got Malachi open. We were just doing better basketball plays. We've got to keep doing that."

Batavia (18-2) plays School of the Arts (19-2) at 5 p.m., Sunday, at Blue Cross Arena, for the Section V Class A2 championship.

Several of the Batavia players were part of the football team this past season that won a sectional title and advanced to the regional final. They're aware, Brasky said, that they have a chance to be part of history -- the first players in school history with championships in both football and basketball in the same year.

That championship experience is also an advantage for the players, Brasky said.

"I think that helped in the second half," Brasky said. "You're right, they've been to this stage. They've succeeded on this stage, in a different sport, but it carries over. We fell behind. We weren't playing very well, but they didn't panic. They're winners. It goes hand in hand." 

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The sign in the window at the former Payless ShoeSource location on West Main Street at Valu Plaza tells it the location will soon become a laundromat.

Press release:

City of Batavia Water Department is repairing a water main break on Union Street this morning. Water service on Union Street between Union Square and Oak Street will be affected until repairs are completed.

A former truck driver was found guilty by a federal jury in Buffalo today on all counts in an indictment charging him with transportation of minors with the intent to have sex, announced U.S. Attorney William J. Hochul Jr., of the Western District of New York.

David Allen Vickers, 50, was found guilty of transporting two minors in interstate commerce with the intent to engage in criminal sexual activity. According to evidence introduced at trial, the defendant, an over the road truck driver, transported two victims to Canada, New Jersey and Pennsylvania, and repeatedly abused and molested them while he was making deliveries, according to Assistant U.S. Attorneys Aaron J. Mango and Elizabeth R. Moellering.

This abuse occurred in the time frame of 1999 to 2007.

“That this defendant continuously abused numerous children over almost a quarter of a century makes him one of the area’s most prolific and dangerous abusers we have convicted,” said U.S. Attorney Hochul. “Thanks to the courage of four of the victims who testified, today’s verdicts mean that this defendant will never again harm another child.”

He is the brother of convicted child molester and former Batavia resident Sean M. Vickers. Media coverage of Sean's arrest in 2013 prompted other victims to come forward and led to the investigation of David.

Both brothers were investigated for sexual abuse of minors in multiple jurisdictions going back as long as 30 years ago.

Last September, Judge Robert C. Noonan sentenced Sean, who is in his mid-40s, to 107 years in state prison after a jury found him guilty of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

David's trial evidence also disclosed that the defendant abused other children, with the first abuse beginning in 1983. This pattern of abuse included extensive psychological manipulation of the victims (sometimes referred to as “grooming”), and was facilitated through the defendant’s projection of benevolence to the victims’ families. The defendant also established and operated a bed and breakfast on Seneca Lake, “Paradise on the Lake,” to which he took the eventual victims in an effort to manipulate and gain their trust. The defendant also gave the victims alcohol, cigarettes, toys, and access to ATVs.

The defendant’s cover was so successful, in fact, that both of the victims named in the Indictment had at one time been assigned to the custody of the defendant by a Family Court Judge.

The sentencing is scheduled for June 24, 2015. The charges carry a mandatory minimum penalty of 10 years imprisonment, a maximum penalty of life imprisonment, a fine of $250,000, or both.

The trial was the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation under the direction of Brian P. Boetig, Special Agent in Charge, and the Batavia City Police Department under the direction of Chief Shawn Heubusch. The evidence was presented to the jury by Assistant U.S. Attorneys Mango and Moellering. The case was heard by United States District Court Judge Richard J. Arcara.

At one time, Mark Maltese was a model citizen, his attorney David Pilato told Judge Robert C. Noonan this morning before Maltese was sentenced to 15 years in prison.

The 44-year-old Batavia resident had a couple of driving under the influence arrests, but otherwise never had any contact with the law until he decided to start robbing and burglarizing local businesses in order to feed a recently acquired cocaine addiction.

He was educated, employed, a father and a son who grew up loving football and caring about his family, Pilato said.

"His addiction is not an excuse for his behavior," Pilato said. "It explains his behavior."

Noonan said, even so, the crimes committed by Maltese, which he was convicted of at a jury trial in January, were "among the most violent crimes in our criminal justice system" and deserved a significant prison term.

The 15-year sentences were handed down on Maltese's conviction of robbery in the 2nd degree.

The armed robberies were committed over a few days period in November 2013 at the Best Western on Park Road, the 7-Eleven in Oakfield, and the Days Inn on Noonan Drive, Batavia.

Maltese was captured after burglarizing Rent-A-Center days after the Days Inn robbery.

The two 15-year sentences were imposed concurrently, as were the series of two-and-one-third to seven-year sentences for his convictions on burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd.

Also in court today: Robert W. Plantiko Jr., 29, of Thorpe Street, Batavia, who entered a plea in January to criminal possession of a weapon, 2nd, was sentenced to two to four years in prison. The conviction stems from a Sept. 5 incident on Thorpe Street that led to charges of burglary, 1st, robbery, 1st, menacing, 2nd, assault, 3rd, and criminal mischief.

City firefighters are at the Taco Bell on West Main Street after an electrical outlet was found smoking following a water leak.

UPDATE 9:43 a.m.: An electrical problem was found and will be handled by an electrician.

From Matt Worth, city superintendent of Water / Wastewater:

Over the past week there has been a few reports of frozen water services in the City, the area of Oak Street and Clifton Avenue in particular. Any residents who might have shallow water service or have had an issue in the past should consider running a “trickle” of water in one faucet until temperatures moderate for a few days to avoid freezing. A stream of water smaller than a pencil will typically prevent any freezing.

At least one Downtown business owner doesn't think the city is doing enough to address snow removal and he's not convinced the city cares.

Snow piled up on sidewalks and in parking lots costs bars, restaurants and retail shops money, said Derek Geib, owner of Bourbon & Burger Co. on Jackson Street, and the city loses sales tax revenue.

He thinks the city could be more aggressive about finding a solution.

Geib, along with other business owners, met with city officials earlier this winter and were told city work crews act as quickly as possible to remove snow, but there's only so many workers and so many hours they can work.

That isn't a good enough answer, Geib said.

"Accepting this as just the way it is is not an option," Geib said. "It is directly affecting just about every business Downtown. It needs to be addressed and something needs to be proposed as a solution. Reallocate BID funds, raise taxes, cut something else. Jason (City Manager Jason Molino) needs to sit down and address this. That's my only request. We can't just 'deal with it.' This is 2015. I'm sure someone has some solution somewhere."

Molino said, actually, snow pile-up this winter is something every municipality in the Northeast is dealing with this winter.

Unrelenting cold, near record snowfall, and storms spread out at a pace that keeps workers tied up and makes it impossible to keep up with the mounds of frozen water.

"This February has absolutely been challenging to say the least when it comes to snow removal," Molino said. "From Buffalo to Boston, everyone is having the same conversation. It's not just us with this problem. It's the circumstances of the type of weather we're having, and now we're about to get hammered with another snow and ice event, which means our guys will be out far into the night and perhaps into the morning, which means they're not going to be removing snow tomorrow."

The "not enough workers" answers isn't a good one, Geib said.

"We shouldn't as a city accept that things are just the way they are," Geib said. "If there aren't enough employees to actually do the task at hand then people should be made aware of that and budgets should be adjusted. If garbage wasn't getting picked up, it would be an issue. Snow removal is no different. There is a solution, but the City Manager has to recognize there is a problem first."

Molino said he does recognize there's an issue, but without unlimited resources, there's only so much the city can do.

"I understand and sympathize with the frustration business owners feel over snow accumulation," Molino said. "When there's manpower available, we remove the snow from the parking lots and then from the sidewalks. We do the best we can with the manpower we have."

This has been an incredibly difficult and challenging winter for the city's DPW and Water Department workers, as it has been for municipal employees throughout New York, he said.

The constant use of snow-removal equipment also puts a strain on city resources because inevitably, equipment breaks down and needs to be repaired, Molino said.

Under the circumstances, he said, he thinks they've done an incredible job.

Batavia has also been plagued by a series of water line breaks. Typically, those are handled by the Water Department, but the night of the River Street break, Water Department employees were already out helping with plowing and salting, and with the break, the city's already overextended DPW workers had to help with that nasty and complicated break.

"They went from plowing roads to jumping into a water-filled hole on the coldest night of the year," Molino said. "We've had a series of water line breaks in very poor weather and some of these have been large, deep digs that make the job very challenging. Throw on top of that, sub-zero weather, that makes the job very challenging."

The Batavia High School Production Club will present the musical "Annie" this Friday, Saturday and Sunday. Showtimes are 7:30 p.m. and on Sunday, 2 p.m. Tickets are $10 at the door for adults and $8 for students and seniors. Presale, available at the school, are $8 and $7.

• Annie ….…………...……..…..Lauren Dunn
• Oliver Warbucks……………...Jesse Conklin (community member)
• Miss Hannigan ……………..…Chelsea Jensen
• Grace Farrell ……………….…Andrea Gilbarto
• Rooster ………………………... Ross Chua
• Lilly …………………………….. Cara Ranalli
• Roosevelt ……………………….Alex Mott
• Drake…………………………... Evan Bellavia
• Mrs. Pugh ……………………...Grace Judge
• Bert Healy……………………... Nick Piedmont
• Ronnie Boylan ………………...Marissa Carbonell
• Bonnie Boylan ………………...Celia Flynn
• Connie Boylan ………………...Madison Hoerbelt
• Star-to-Be ……………………….Madison Hoerbelt
• Howe……………………………..Alan Johannes
• Judge Brandeis………………..Pat Burk (Board of Education)

Orphans

• Hannah Bluhm
• McKenna Dziemian
• Eryn Dunn
• Elise Hoerbelt
• Karissa Kesler
• Brigid McCormack
• Tori Nigro
• Sarah Wetzel
• Kathryn Fitzpatrick

Ensemble

• Kaitlin Ange
• Shannon Cervone
• Rachel Flint
• Abby Franks   
• Taler Fonda
• AnnMarie Georgia     
• Kesa Janes
• Alan Johannes
• Olivia Judge
• Taylor McKenzie
• Lea Morgan
• McKayla Stappenbeck
• Kim Truesdell               
• Ryan Weaver

Cabinet Members

• Nick Bestine (BMS faculty)
• Sean Krause (BHS faculty)
• Andy Kiebala (BMS faculty)

Photos from Monday's rehearsal.

It's been a bit nasty out today, but at least it's not sub-zero.

There's more winter weather on the way, too.

The National Weather Service in Buffalo has issued a winter weather advisory for noon Tuesday to 1 a.m. Wednesday.

The forecast is for a mix of snow and freezing rain and sleet. 

Snow accumulations of one to two inches and ice of a tenth of an inch.  

Visibilty will be less than a mile at times.

Caution when traveling is advised.

Top Photo: Ray Tortorice walks his Cub Cadet on Trumbull Parkway to clear snow from his walk and his neighbor's walk this afternoon. Bottom photo: a tree in Centennial Park.

Luis A. Castro Maldonado, 21, of 27 E. Main St., Le Roy, is charged with assault, 2nd. During the early morning hours, Sunday, Le Roy PD was dispatched on two separate occasions to an excessive noise complaint at 27 E. Main St., Le Roy. Later, police were dispatched to investigate an alleged assault. Castro Maldonado is accused of hitting a person in the face with a snow shovel. The alleged victim suffered cuts and was treated at the scene by Le Roy Ambulance. Castro Maldonado was arraigned and released under supervision of Genesee Justice.

Allysa L. Castro, 22, of 91 S. Main St., Perry, is charged with harassment, 2nd. During the incident reported above, Castro allegedly struck another person in the hand and then punched that person in the face.

Gerald L. Barber, 40, of 143 Jackson St., Batavia, is charged with DWI, consumption of alcohol in a motor vehicle, refusal to take breath test, driver's view obstructed and side window/rear window not transparent. Barber was stopped by Le Roy PD on an alleged tinted window violation. He was jailed on $250 bail.

A 16-year-old resident of Ellicott Street, Batavia, is charged with criminal possession of marijuana, 5th, unlawful possession of marijuana, endangering the welfare of a child, obstructing governmental administration and aggravated DWI/drugs with a child in the vehicle. Police responded to a report of a suspicious vehicle on Washington Avenue at 6 p.m., Thursday. When approached, all occupants attempted to flee. The driver was apprehended and found allegedly impaired by marijuana and in possession of marijuana. There was a 14-year-old youth allegedly in the vehicle. All of the other occupants have been identified. (Name of the youth withheld by Batavia PD).

A 16-year-old resident of Dellinger Avenue is charged with criminal possession of marijuana, 5th, and endangering the welfare of a child. The youth was allegedly involved in the incident above (name withheld by Batavia PD).

Rene N. Brochu, 31, of Lewiston Road, Oakfield, is charged with failure to appear. Brochu allegedly failed to appear on a traffic ticket issued Jan. 14. He was jailed on $1,000 bail.

Joshua E. Blue, 28, of McKinley Avenue, Batavia, is charged with resisting arrest and obstructing governmental administration. Batavia PD responded at 1:55 a.m. Sunday to a report of a large fight at 345 W. Main St., Batavia, and Blue allegedly tried to physically interfere with an officer making an arrest of another person. Blue was jailed on $1,500 bail.

Tabatha Holly Clark, 29, of Telephone Road, Le Roy, is charged with driving while ability impaired by alcohol and drugs. Clark was arrested based on the return of a toxicology report just completed that stemmed from a police response at 12:30 a.m. Dec. 12 to a report of a woman sleeping in a running vehicle on Willow Street for two hours.

Alexandra R. Lasky, 24, of Seven Springs Road, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Lasky turned himself in to Batavia PD and posted $200 police bail.

Kirk D. Baker, 27, of Center Street, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, reckless driving, no headlights and failure to keep right. Police received two complaints of a possible DWI at 7:59 p.m. Thursday. Baker's vehicle was stopped on Ellicott Street by officer Devon Pahuta. He was jailed on $5,000 bail.

Marquis D. Flowers, 22, of Frost Avenue, Rochester, was arrested on a warrant for alleged failure to appear on an unauthorized use of a motor vehicle charge. He was held in jail pending his next court appearance.

Sarah M. Wilson, 30, of Washington Avenue, Batavia, is charged with criminal contempt, 2nd. Wilson was arrested on a report received by police at 1:27 a.m. Feb. 5. No further details released.

Destiny N. Green, 18, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Green was arrested at her residence. She posted $100 bail.

Richard Allen Townley, 38, of Francis Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and no/inadequate directional signals. Townley was stopped at 1:23 a.m. Sunday on Francis Road, Bethany, by Deputy Joseph Corona.

Chandler James Wingling, 18, of Ellicott Street, Pavilion, is charged with unlawful possession of marijuana. Wingling was allegedly found in possession of marijuana during a traffic stop at 4:01 p.m. Feb. 20 on Route 77, Darien, by Deputy Kevin McCarthy.

Jessica Lynn Hoff, 35, of Knapp Road, Akron, is charged with DWI, driving with a BAC of .08 or greater, no front license plate, broken windshield and insufficient tail lamps. Hoff was stopped at 1:34 a.m. Thursday on Route 77, Darien, by Deputy Joseph Corona.

Thomas Michael Kunes, 45, of Lewiston Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving under the influence of alcohol and drugs, unlawful possession of marijuana and no/inadequate headlights. Kunes was stopped at 7:27 p.m. Saturday on Lewiston Road, Batavia, by Deputy Joseph Corona.

Jacob Wendell Cole, 30, of Wiscoy Road, Portageville, is charged with possession of more than 400 untaxed cigarettes and driver's view obstructed. Cole was stopped at 1:27 p.m. Feb. 25 on Route 77, Pembroke, for alleged traffic violations by Deputy Patrick Reeves. Cole was allegedly found in possession of 1,400 untaxed cigarettes.

Jovenia Ann Corcoran, 52, of River Street, Hornell, is charged with possession of more than 400 untaxed cigarettes and speeding (59 mph in 40 mph zone). Corcoran was stopped at 11:53 a.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Corcoran was allegedly found in possession of 3,400 untaxed cigarettes.

Thomas James Rose, 19, of Ford Road, Elba, is charged with grand larceny, 4th, and petit larceny. Rose is accused of stealing checks and a debit card.

Pamela B. Crespo, 19, of Newark, N.J., is charged with criminal trespass, 3rd. Crespo was arrested by State Police at College Village.

Michael J. Maniscalco, 27, of Greece, is charged with unlawful possession of marijuana. Maniscalco was arrested by State Police in the Town of Le Roy.

Danser suffered traumatic injuries in the accident and remains in the intensive care unit at Strong Memorial Hospital.

He will need months, perhaps years, of neurological care. Perhaps, he will never fully recover.

Brandon's mother, Karin Meyer, has been living in Seattle with her husband, Dan Meyer, and their foster children.

Dan Meyer said this afternoon that his wife is holding up as well as can be expected, that she's pouring everything she has into caring for her son, and holds out hope for his recovery.

"It's an emotional roller coaster," Meyer said. "We have to deal with what might happen, and then this that happened and each new piece of news and each improvement is a step in the right direction. We're getting past the point where his life is in danger and that was the first relief after that initial shock. After that, each improvement is really a positive thing."

Brandon is showing improvement. He can answer short questions, though there are times he can't remember people. He spends more time out of bed and sitting in a recliner.

"He has shown good success picking up and tossing a Nerf ball, which is another major improvement," Meyer said. "He is not able to stand on his own but when supported on each side he has been able to take tentative steps and move across the room. He has good hand and arm motion and has been generous squeezing hands and giving out hugs."

The emotional roller coaster hasn't stopped since Karin received that early morning phone call Feb. 21 with the horrible news of the accident.

She got on the first flight East she could book and when she arrived at Strong and walked into Brandon's room, he was still completely unresponsive, Dan said.

"When she's away from Brandon, she gets a chance to release those emotions," Meyer said. "She gets time to recharge and even think about eating and sleeping for herself."

Meyer joined his wife in Rochester yesterday after making arrangements for their foster children in Seattle. He's here to provide the care for her she needs as she cares for her son, Meyer said.

It's a completely open question as to how long Karin will need to be in Rochester.

Doctors don't yet know when Brandon might be released from ICU. The most likely next step for Brandon is in-patient care at Unity Hospital's Restorative Neurology and Rehabilitation Center in Rochester. When he's able to be flown to another location, he could be taken to the Mayo Clinic, or he could return with Karin and Dan to Seattle.

Any scenario will be difficult for the family.

Out of concern for her sister's well-being and the financial stress of her family, Marianne Bowen has set up a GoFundMe.com page, Help Brandon Heal, with an initial goal of raising $10,000, though Bowen thinks the family's financial needs will far exceed $10,000.

"My sister believes, she hopes he will be back but there is a lot of work ahead of him," Bowen said.

The accident is such a tragedy, Bowen said. It's still unclear what happened. The driver, Hannah Dibble, was the designated driver and wasn't drinking, according to information given to Bowen. Brandon was wearing a seat belt, but still ejected from the vehicle when it was struck.

The Sheriff's Office investigation is being supervised by Chief Deputy Jerome Brewster (Chief Deputy Gordon Dibble is the great uncle of Hannah Dibble, so he recused himself from the investigation), and Brewster said late this week there are still no conclusions to share. There have been no charges filed or citations issued.

In all, six people were in the little brown 1997 Geo Prism driven by Dibble when it crossed Route 20 on a dark, bitterly cold morning from northbound Molasses Hill Road.

Of the six, Brandon was seriously injured and 18-year-old Alyson D. Krzanak died of injuries sustained in the accident. Jamie Scherer, 21, of Pembroke, was seriously injured, but is now listed in satisfactory condition at Strong. Felicia Fazzio, 20, of Darien, was also hospitalized, but her condition is not available. Dibble was treated and released at ECMC and Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released.

Last night, members of the Pembroke community held a vigil for Krzanak. Visit The Batavian's news partner, 13WHAM, for a report.

The Batavia Blue Devils had no difficulty tonight knocking off Wayne in a second-round Section V Class A2 playoff game at BHS tonight. The 75-45 win sets Batavia (17-2) up for a semi-final match Wednesday evening at Blue Cross Arena againt College Prep (15-4).

Tonight, Jeff Redband scored 28 points, Malachi Chenault, 17, and Jarrett Laskett, 11.

Notre Dame also won tonight, beating Lyndonville 77-55 in the Class D1 playoff game. Notre Dame (13-7) faces Mt. Morris (12-8) on Wednesday at a location to be determined.

To purchase prints, click here.

A kitchen fire is reported at College Village.

Batavia fire and Mercy EMS dispatched.

The call was first dispatched as an automatic alarm of fire. A minute later the dispatcher came on with "updated information" and said there is a confirmed kitchen fire, confirmed via the alarm company.

UPDATE 10:36 p.m.: Alexander's Fast Team dispatched to College Village.

UPDATE 10:38 p.m.: Security reports the fire may be out, but responding units asked to continue.

UPDATE 10:40 p.m.: Alexander can stand down.

Dr. Joe Scanlan, a man with the steady, gentle temperament of a parish priest, is stepping away from a job he loves in a few months.

Appropriately enough, for the past 11 years, Scanlan has been principal of Notre Dame High School, the private Catholic school on Union Street in Batavia.

"It takes a lot of energy to do this job," Scanlan said. "I pretty much do everything here except business. And you wouldn't want me to be the business manager. Tommy Rapone does a nice job. In addition to being principal, you're talking admissions, recruitment, pubic relations, newsletter and all the rest of the stuff. It's time to give somebody else a chance."

Scanlan's tenure at Notre Dame caps a 47-year career in education, which includes 15 at Byron-Bergen as a history teacher, assistant principal and principal, and 11 years as principal at York Central School.

Scanlan has found it particularly rewarding to shepherd area teens through their preparatory education at his own alma mater.

"I love it here, especially the kids," Scanlan said. "It's a great group of kids here. There's great kids in every school, so it's not just Notre Dame, but the students here are special group. They're pretty gritty. They're competitive, but they're respectful."

There are 170 students in grades 9-12 at Notre Dame. When the seniors graduate this spring, it will be Scanlan's final graduation with the school, it will also be the 50th anniversary year of his own class's graduation.

It's tradition for classes to be invited back for the graduation ceremony on their 50th anniversary, so Scanlan is hoping he'll see a lot of his former classmates.

Scanlan said the school board already has a number of qualified candidates who have expressed interest in the job.

There is also a $5 million capital campaign under way at the school, so the next principal will have plenty to do from the first day on the job.

As for Scanlan's own plans he says, "right now the plan is to have no plan."

He has a son and granddaughter living in Cleveland and more time to travel will mean more time with his family.

He plans to continue living in Le Roy.