batavia

Following a week-long trial that ended Friday, a Batavia resident was found not guilty on three felony counts stemming from an allegation he forced a victim to engage in sexual acts.

Kyle H. Morse, 17 at the time of his arrest a year ago, was, however, found guilty on a single misdemeanor count of sexual misconduct.

The grand jury indictment on that count accused Morse of engaging in oral sexual conduct with another person without that person's consent, and the person was deemed incapable of consent by virtue of being less than 17 years old.

The jury returned not guilty verdicts on counts of criminal sexual act in the first degree, sexual abuse in the first degree and criminal sexual act in the third degree.

Morse is scheduled to appear for sentencing on the misdemeanor conviction April 10.

An executive of Batavia-based Muller Quaker Dairy tells an food industry news Web site that the yogurt maker is on pace to reach $100 million in annual sales in the U.S.

"Promotions are playing a role," Barb Yehling, chief marketing officer at Muller Quaker Dairy, told Foodnavigator-USA.com. "However, at the end of the day it’s product quality and taste that matter to consumers. Again, this is where Müller yogurt excels."

Yehling said the company is focused on innovation and meeting unmet needs to bring to the American public a Greek-style yogurt that is fun and flavorful.

Nina M.E. Kelso, 29, of Hutchins Street, Batavia, is charged with torturing or injuring an animal/failure to provide sustenance and owning/haboring an unlicensed dog. Batavia PD responded to Kelso's residence at 6:08 p.m., Feb. 4, to investigate a report of a maltreated/malnourished dog. Officers allegedly found a pit bull identified as Kelso's dog that was malnourished and weak. The dog was reportedly unable to stand or move on its own. The dog was also unlicensed. The dog was taken to Batavia State Street Animal Hospital and continues to receive treatment and care.

Johnnie M. Waston, 30, unknown address, Rochester, is charged with criminal impersonation, 2nd, and criminal trespass, 2nd. Waston allegedly entered the apartment on State Street of somebody he did not know at 1:54 p.m., Sunday, and remained in the residence unlawfully. Waston allegedly provided a fake name to police and was later recognized and identified by jail personnel. Waston was found to have an active bench warrant for his arrest out of the city court in Rochester.

Scott R. Merrill, 45, of Darien Center, is charged with DWI. A state trooper reportedly observed a vehicle stop at the Colby Road railroad crossing, which at the time had flashing lights and the gate arms down, indicating an approaching train. The vehicle allegedly proceeded around the gates and narrowly avoided being hit by an Amtrak train. The vehicle was stopped and Merrill was taken into custody following further investigation.

Rodney Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with inhalation of toxic vapors. McKenzie was reported found at 11:51 a.m., Feb. 5, sitting in his vehicle allegedly huffing keyboard cleaner. He was also charged with petit larceny for allegedly shoplifting from Walmart.

Danny Jay Torok Jr., 26, of Dodgeson Road, Alexander, is charged with assault, 2nd. Torok allegedly started a fight with another inmate while incarcerated at the Genesee County Jail.

Mark Andrew Kempie Jr., 45, of West Main Street Road, Batavia, is charged with petit larceny. Kempie allegedly stole merchandise valued at $13.67 from Kmart.

Gary Edwin Gerevics, 55, of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 3rd, and criminal contempt, 2nd. Gerevics was allegedly found in possession of firearms in violation of a court order of protection. He was jailed on $3,000 bail.

Jason A. Klinkbeil, 25, of 50 South St., Le Roy, was arrested on a bench warrant. Klinkbeil turned himself in on a warrant for alleged failure to comply with drug court. He was jailed on $100,000 bail.

Nathan Paul Crawford,18, of Hutchins Street, Batavia, is charged with public lewdness. Crawford allegedly exposed his genitals to another person while on East Main Street, Batavia, at 5:46 p.m., Feb. 5.

Suzanne M. Corona, 44, of Batavia, is charged with petit larceny. Corona is accused of stealing from a location Veterans Memorial Drive, Batavia, at 8:38 p.m., Saturday. She was arrested by State Police. No further details released.

Jacob J. Lentz, 24, of Aurora, Iowa, is charged with DWI and driving with a BAC of .08 or greater. Lentz was stopped at 10:50 p.m., Saturday, on Albion Road in Oakfield by State Police.

Deborah L. Smith, 55, of Spencerport, is charged with DWI, refusal to take breath test and drinking alcohol in a motor vehicle while on highway. Smith was stopped by State Police at 11:25 p.m., Friday, on Route 63, Town of Batavia.

A call has come in for a possible fire in the attic at 3885 W. Main Street Road, Batavia.

Town of Batavia fire dispatched.

UPDATE 8:41 a.m.: Chief on scene. Light smoke showing.

UPDATE 8:42 a.m.: Confirmed fire in the structure. All available man power to the scene.

UPDATE 9:25 a.m.: National Grid on scene.

UPDATE 9:56 a.m.: Red Cross requested to the scene. Two adults and five children need housing for "just a couple of days," a chief says. No clothing needed.

UPDATE: This morning's fire could have been much worse, according to Chief Paul Barrett and resident Shawn Gaylord.

Gaylord's wife smelled the smoke and found the fire. Gaylord was just returning home and he and his wife were going to go right back out and be gone for four or five hours.

If she hadn't have smelled the smoke before they left ...

Gaylord started fighting the fire before the first fire trucks were on scene, using an extinquisher and containers of water.

The effort definately helped said the Town of Batavia chief.

"I didn't stop him from fighting the fire because it was working so well until the city got here just ahead of our truck, 30 seconds ahead of our truck," Barrett said.

City fire was dispatched because the slippery roads made it a little harder to get a driver to the Town of Batavia's fire hall to get an engine rolling.

The fire was contained to an upstairs bathroom and bedroom area, caused about $10,000 in damage, Barrett said, and was definitely electrical in origin.

The meter has been pulled and electric repairs and inspection will be necessary before the house can be occupied again.

The property is owned by Timothy Dancy.

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An accident involving two or three vehicles is blocking traffic at East Main and Liberty streets in the City of Batavia. There are believed to be minor injuries. City fire and Mercy medics are responding along with police.

UPDATE 11:10 p.m.: Two flatbed tow trucks are called to the scene.

The T.F. Brown's Batavia Ramparts Squirt III Hockey Team is participating in the Empire State Winter Games, being held Feb. 6 through 9 in Lake Placid. The team posed for a picture prior to lining up for the opening ceremonies at the Olympic Center. They will play four games with a chance to win gold, silver or bronze medals. The Ramparts are the Western Region representative in this invitational tournament.

Information and photo submitted by Robert Grimm.

Automatic alarms of fire and water flow are sounding at both Petco and Bed, Bath & Beyond on Veterans Memorial Drive. The Town of Batavia Fire Department command is on scene. A responder says it appears "the pump is not running" at BBB.

They have entered both stores and silenced the alarms at BBB, where there is no water flow or "obvious signs of fire." At Petco, same situation, but the burglar alarm went off, they noted probably because of their entry.

Engine 21 just arrived. All other equipment is told to remain in quarters.

UPDATE 4:01 a.m.: Reps for both businesses are responding in about 30 to 40 minutes.

UPDATE 4:18 p.m.: Everything checks out. One door or something which was supposed to be locked up was "found unsecured." Command says they are leaving it like they found it. Corps command will remain on scene until the reps arrive. The others are leaving the scene and the town's assignment is back in service. Petco reopened yesterday after some fire-related rehab due to the recent blaze in the bedding department of the store next door, BBB, which remains closed for now.

From WBTA:

WBTA is experiencing a transmission failure and has lost the over-the-air signal.

WBTA can still be heard on the stream on the homepage at WBTAi.com or on our iPhone app which is available free at the iTunes store.

Repairs are under way and we hope to have service restored as soon as possible.

Thank you for your understanding.

UPDATE 6:51 p.m.: As of at least an hour ago, WBTA is back on the air. Problems fixed.

Got cat food? The folks at Petco want you to know the store on Veterans Memorial Drive has reopened. It was partially damaged in the Bed Bath & Beyond fire.

We received this statement today from Jessica Joyce, a spokeswoman for Bed, Bath & Beyond:

We are working with the landlord and insurance professionals to reopen as soon as possible. Yes, we did offer reassignments to all of our associates.

The store was closed following a fire in the bedding department Jan. 27 and all of the merchandise, shelving and fixtures have been removed from the store.

Leon Clayton Bloom, 31, of Liberty Street, Batavia, is charged with criminal contempt, 1st, and coercion, 2nd. Bloom is accused of violating an order of protection by sending a letter to the protected person. He's further accused of trying to coerce her into doing things she has a right not to do. Bloom is currently in custody on another matter.

Rodney Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie is accused of shoplifting at Walmart. He was jailed on $500 bail.

An accident, possiblly with injuries, is reported in the area of 25 Pringle Ave., Batavia.

City fire and Mercy EMS responding.

UPDATE 8:20 p.m.: City fire is back in service.

Redfield Parkway about 11:30 this morning. The winter storm warning is in effect until 10 p.m. Another 3-6 inches of new snow is possible tonight.

Washington Avenue bus stop. At 3 p.m. heavy snow made driving a little difficult.

Redfield Parkway resident Bob Johnson uses the snowblower to keep up with the heavy snowfall.

Guillermo Leon did not seem to mind shoveling his sidewalk on Richmond Avenue.

He says he likes winter.

Karen Baker clears off her car after picking up her two sons Michael and Justin from school.

City Plow making the rounds.

Today the Genesee County Grand Jury, under what is known as Prosecutor's Information, filed two Class A misdemeanor counts against Michael V. Pontillo. This option is used when the grand jury fails to find evidence to support felony charges but does find sufficient evidence to file misdemeanor charges.

The grand jury accuses Pontillo of obstructing governmental administration in the second degree for allegedly intentionally obstructing, impairing or perverting the administration of law or other governmental function, or attempting to prevent a public servant from performing an official function by means of intimidation, physical force or by unlawful act. This allegedly occurred Oct. 30 in the City of Batavia.

In count two, Pontillo is accused of resisting arrest by intentionally preventing or attempting to prevent a police officer from effecting an authorized arrest of himself or another person.

As a result of the Prosecutor's Information, an infrequent determination in Genesee County, the grand jury directs the District Attorney's Office to return the charges to a lower court, in this case City Court.

These are the latest indictments issued by the Genesee County Grand Jury.

John J. Saddler is indicted on four counts. The first is for the crime of attempted rape in the first degree, a Class B felony, for allegedly attempting to engage in sexual intercourse with another person by forcible compulsion. This allegedly occurred Aug. 31 in the Town of Batavia. In count two, he is accused of touching the victim's genitals by forcible compulsion, a Class D felony. In count three, he is accused of forcing the victim to touch him on the genitals by forcible compulsion, also a Class D felony. In count four, Saddler is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining the victim in a motel room.

Dortha L. Penders is indicted for aggrevated driving while intoxicated, a Class E felony, for allegedly driving a 2008 Dodge while intoxicated on Sept. 22 on Route 5 in the Town of Batavia while a child age 15 or less was a passenger. In count two, she is accused of committing the same crime with a BAC of .08 or more, also a Class E felony, and while a child age 15 or less was a passenger.

Donald W. Sczepanski is indicted for driving while intoxicated, a Class E felony, for allegedly operating a 2004 Pontiac while intoxicated on Route 238 on Aug. 2 in the Town of Alexander. In count two, he is accused of committing the same crime with a BAC of .08 or more, also a Class E felony.

Thomas P. Lester is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Dodge while intoxicated on Sept. 12 on Townline Road in the Town of Byron. In count two, he is accused of committing the same crime with a BAC of .08 or more, also a Class E felony.

Robert C. Hinett is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 2003 Subaru while intoxicated on Aug. 23 on Lake Street in the Town of Le Roy.

The Grand Jury issued No Bill for Kiernan W. Kinney after considering evidence relating to possible charges of sexual abuse in the first degree for incidents which allegedly occurred on April 10 in the Town of Pavilion.

Jesse Woods, 18, of 41 Lake St., Le Roy, is charged with assault, 3rd. Woods is accused of punching a relative, causing bleeding, bruising and a fat lip. Woods was released under supervision of Genesee Justice.

Henry L. Banks, 43, of Tracy Avenue, Batavia, was arrested on City Court warrant for alleged front yard parking. Banks was arrested following a traffic stop by Deputy Joseph Corona and turned over to Batavia PD on the warrant. Banks posted $100 bail.

A person has been struck by a car at the intersection of State Street and Lewis Place, Batavia.

City fire and Mercy EMS responding.

UPDATE 8:05 a.m.: Patient transported to UMMC by Mercy EMS. City fire back in service.

Press release:

Attorney General Eric T. Schneiderman today announced the arrest of Sarah Waclawski, 25, of Batavia, New York, a Certified Nurse Aide at Genesee County Nursing Home, for causing injury to a resident of the nursing home.

Court documents filed by the Attorney General allege that on March 27, 2013, Waclawski transferred a 100-year-old female resident suffering from dementia from her wheelchair to her bed without the assistance of another staff member, as required by the resident’s individual care plan. They further allege that once in bed, Waclawski decided to transfer the resident back to her wheelchair, again without the assistance of another staff member. Once the resident was back in the wheelchair, she fell to the floor, hitting her head on the wheelchair and sustaining a laceration and pain.

“Families who place their loved one in a nursing home should be able to take comfort in knowing that they’ll receive the best care possible. By ignoring her patient’s care plan and then failing to seek medical attention for her when she fell, Sarah Waclawski showed blatant disregard for the health and safety of her patient,” Attorney General Schneiderman said. “My office will continue to prosecute cases like this to the fullest extent and send the message, loud and clear, that this conduct will not be tolerated.”

According to the felony complaint, without seeking medical assistance or advising a supervisor of the fall to conduct a nursing assessment, Waclawski enlisted the help of another aide to place the resident back into bed and then left the room. Approximately 15 to 20 minutes later, Waclawski reentered the room and observed blood on the resident’s pillow. Almost one hour later, a nurse came into the resident’s room and observed Waclawski wiping the resident’s head. The nurse also observed that several used wipes had what appeared to be blood on them. At no time prior to the nurse entering the resident’s room did Waclawski seek medical assistance for the resident.

Waclawski was charged with one count of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, a class E felony, which carries a maximum prison term of four years. She was arraigned in Batavia City Court before the Honorable Robert Balbick and entered a plea of not guilty. She was released on her own recognizance and is due back in court on March 4, 2014. 

The prosecution is being handled by Special Assistant Attorney General Thomas N. Schleif, under the supervision of Regional Director Gary A. Baldauf and Amy Held, acting director of the Medicaid Fraud Control Unit. The investigation was conducted by Investigator Janice Boyd, under the supervision of Supervising Investigator Kathleen Donahue.

The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty in a court of law.

Batavia's Bed, Bath & Beyond, damaged by fire Jan. 27, has been cleared of all its stock and today work crews were pulling from the store every last bit of fixture, shelving and even wall.

Smoke odor still permeated the entry way.

A manager said she doesn't know when the store will reopen. She said she didn't know when new stock would arrive. Asked if employees had been offered jobs at other locations, she said we would have to call the corporate office.

We called the corporate office this afternoon and have not yet gotten a response.