batavia

Celina Andreanna Desinord, 19, of Ridge Road, Rochester, is charged with attempted criminal mischief 4th, aggravated unlicensed operation 2nd, harassment 2nd, and unlicensed operation.  At 12:50 a.m., Nov. 21, Deputy Jacob Gauthier observed a vehicle running in the parking lot of the Crosby's at 5267 Clinton Street Road, Batavia, and the operator asleep in the driver's seat. Upon investigation, the driver was identified as Celina Desinord, who allegedly presented a suspended identification card when asked for a driver's license.  Desinord was placed in the back of a patrol vehicle and her vehicle was searched. A deputy reportedly found suspected narcotics. The substance is being sent to a lab for testing.  The deputy spoke with Desinord. She is accused of spitting on the deputy. While the deputy was completing an appearance ticket, Desinord allegedly kicked the rear passenger window as well as the divider between the front and back seat at least 71 times.  She also allegedly spit several times on the divider and the window.  She was issued an appearance ticket.

Justin L. Pyatt, 33, of Silver Springs, is charged with criminal possession of stolen property 4th and petit larceny.  Pyatt is accused of using a stolen credit card to make purchases in the City of Batavia.  He was issued an appearance ticket.

James Carl Malone, 24, of South Pearl Street, Oakfield, is charged with criminal mischief 4th.  Malone is accused of taking the mobile phone of another person in order to stop that person from calling 9-1-1 during a dispute in an incident reported at 2:19 p.m., Nov. 19.

After 30 years of service to the City of Batavia and its residents, Councilwoman Rose Mary Christian retired Monday with a reception in her honor before the regularly scheduled City Council meeting. 

At the start of the meeting, she was presented with proclamations recognizing her service.

Photos and captions by Mike Pettinella.

Council members Kathleen Briggs and Eugene Jankowski Jr. present a proclamation to Christian, signifying her as an "advocate who had the best interests of the City of Batavia at heart."

Legislature Chair Rochelle Stein is joined by legislators Marianne Clattenburg, John Deleo and Gary Maha as the county honored Rose Mary Christian for her dedicated service. Those in attendance, including two of Christian's daughters and a grandson, chuckled on a few occasions when Stein referred to her as Mary Rose while reading the proclamation. Rose Mary is seated at left with her daughter, Raelene, and Ron Gibble.

Assemblyman Steven Hawley, before reading a proclamation that highlighted Christian's "faithful, conscientious and valuable service to the City of Batavia," compared Christian to former legislator Florence Gioia as someone "who believes in folks" and wanted to do all she could to help her neighbors.

Press release:

Still looking for the perfect Christmas gift?  The Batavia Rotary Club is now selling its annual Chevrolet Corvette Raffle tickets. 

“We are pleased to bring back our popular Corvette Raffle,” said Marlin Salmon, this year’s Batavia Rotary Club president.  “Every dollar raised stays in our community and supports Rotary’s many charitable causes including high school scholarships, major contributions to local non-profits including our hospital, the YMCA and YWCA and many more worthy local charities.”

Tickets are $50 each or 3 for $100 with donations fully tax-deductible.  First prize is a new 2022 Chevrolet Corvette of $50,000 cash with ten additional prizes of $500 also being awarded.  Only 4,500 tickets will be sold.  The drawing will be held on February 26, 2022. 

Tickets can be purchased from any Batavia Rotarian or online at www.bataviarotaryraffle.com.

“The Corvette Raffle allows the Batavia Rotary Club to do with what we do best – support our community” Salmon said.

Santa Claus made his annual visit this weekend to Oliver's Candies in Batavia.  There will undoubtedly be many happy children come Christmas morning.

Photos submitted by Oliver's.

Top photo: Aurora Friesema & Lily Harder gave Santa a big hug.

Avery Nelson expressed her wishes to Santa.

Nate, Alana, and Kyle Mlyniec with Mr. and Mrs. Santa Claus.

First Santa visit for four-month-old Emmalynn Staub.

Oliver’s employees: Heather Cole, Renee Chapell, and Elizabeth Rindell.

Julie Heale with her granddaughter Rosalea Heale holding a bunny from WNY Tiny Petting Zoo.

Kennedy Pedraza, age 6, holding a bunny from WNY Tiny Petting Zoo.

Michael Robbins, 61, of Batavia, is charged with criminal possession of a controlled substance 7th. Robbins was allegedly found with an unidentified substance on him during an interaction with police at an incident at 7:20 p.m., Aug. 28. The substance was tested and found to allegedly contain methamphetamine and fentanyl. Robbins was arrested at the Genesee County Jail, where he is being held on other charges, and issued an appearance ticket.

Matthew W. Kurtz, Sr., 52, of Batavia, is charged with criminal mischief 4th, attempted assault 3rd, and harassment 2nd.  Kurtz is accused of shoving another person and throwing an object at that person during a disturbance reported at 7:10 p.m., Nov. 16, at a location on Liberty Street, Batavia.  He was arraigned in City Court and ordered released on his own recognizance. 

Jesslyn F. Bigelow, 24, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving without insurance, driving a vehicle with a suspended registration. Bigelow was stopped at 1:56 a.m., Nov. 13, on Jackson Street, Batavia by a Batavia patrol officer. Bigelow was issued traffic tickets.

Christine Caplis, no age or residence provided, is charged with theft of services. Caplis allegedly failed to pay for services provided by a local restaurant on Ellicott Street, Batavia, at 8 p.m., Nov. 4. She was issued an appearance ticket.

Ziyad Ziyad Alhojaji, 22, of Geraldine Parkway, Rochester, is charged with petit larceny.  Alhojaji is accused of shoplifting from Walmart in Batavia. He was released on an appearance ticket.

Tonya Marie Weber, 37, of Liberty Street, Batavia, is charged with petit larceny. Weber is accused of shoplifting from Five Below on Veterans Memorial Drive in Batavia. Weber was released on an appearance ticket.

Michael R. Mullen, 37, of Oakfield, is charged with 10 counts of sex abuse, 1st (contact with a person less than 11 years old), course of sexual conduct, 2nd, with a child less than 11 years old, and 10 counts of endangering the welfare of a child. Mullen was arrested by State Police on Saturday. He was ordered held in jail. No further information released.

Theresa A. Gillette, 44, of East Rochester, is charged with petit larceny. Gillette is accused of stealing in Bergen in an incident reported at 10:51 p.m., Sept. 14.  She was arrested by State Police and ordered held in jail. No further information released.

Sean M. Harloff, 31, of Farmington, is accused of grand larceny 4th. Harloff was arrested by State Police in connection with an incident reported at 12:53 p.m., July 6. He was ordered held in jail.  No further information released.

Michaela R. Bohn, 22, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Bohn was arrested by State Police in relation to an incident reported at 11:51 p.m., Nov. 10, in the Town of Batavia. She was released to a third party. No further information released.

Nickie Fazio has no problem remembering when she joined the board of Genesee Cancer Assistance; it was in March 2017.

The year was to become an important one for Fazio, who had already lost her mother to ovarian cancer.

“I found out I had breast cancer the following month," she said Saturday evening during GCA’s 25th anniversary celebration. “This is something we had a need for in this area."

As a volunteer, former patient, board member and now current board president, Fazio encompasses nearly every facet of the organization that's integral to its success. Organization members celebrated those aspects throughout the evening at Batavia Downs Gaming with running slideshows; words of remembrance, recognition and hope; and relishing the nonprofit’s success to date. 

GCA’s humble beginnings were in 1995, founded as Genesee Cancer Care by Dorothy Schlaggel and Russ Romano. Both Schlaggel and Romano were unavailable to be at the event and shared some thoughts through letters sent to the board. Romano, a Batavia-based realtor, recalled a day in February 1995 when his friend Dorothy stopped in to see him. A cancer survivor herself, Schlaggel talked about her vision to establish a grassroots cancer organization after American Cancer Society closed its local doors here. 

At one point, Romano asked her “Why are you telling me this?” She explained that he knows a lot of people, and is organized, so she thought he’d be the perfect partner for this endeavor. He agreed, and they never looked back. 

Festival of Hope was the kick-off fundraiser, and it not only raised money but also awareness about the agency and what it was doing. Over the years that idea has been transformed into what the GCA has become today, he said.

Schlaggel wrote that two key events — Festival of Hope and GCA’s golf tournament — made that transformation possible. A gradual flow of contributions from other charitable organizations and "tremendous community support" allowed the effort to flourish, she said.

“I would like to say to all who give their time, effort and support to this worthy organization, thank you and God bless,” she said. 

Both Batavia residents had a shared desire to create an organization so that cancer patients living in Genesee County would have access to financial aid and a variety of support services. That first year brought in eight patients and gave them $945 for their out-of-pocket expenses. 11 years later there were 140 patients per year and financial assistance of more than $52,000. Now GCA serves nearly as many — 100 to 120 people — per month, and provides $600 a person and free admission to the Simply Beautiful program. 

More than two and a half decades have brought with them golf tournaments, spaghetti dinners, basket raffles, picnics, grants and other special projects. All totaled, those efforts have meant more than $1 million raised and dispersed to 2,000 patients. Financial assistance is provided to cancer patients to offset medical costs, trips to related medical facilities, prescriptions and Simply Beautiful, a program to assist cancer patients with the negative effects of cancer treatment on one’s hair and skin. 

Enter Joseph “Joe” Gerace, a city hair stylist who not only founded Simply Beautiful, but also became the face and heart of the program. He instructed cancer patients how to apply makeup and use and care for wigs as they dealt with cancer treatment’s physical effects. He also, apparently nudged people into getting involved before they knew what was happening.

“He’s special to a lot of people,” Master of Ceremonies Paul Figlow said. “Joe has a funny way of asking people … Joe doesn’t say would you mind being on the board of GCA? No. He said, Paul you’re on the board. He’s in our thoughts always.”

Gerace’s daughter, Karen Rowland, embraced her dad’s giving spirit as she shared how he would feel.

“He would be so proud of all of you, he would be so ecstatic,” she said to the crowd of 215 people. “Growing up I was raised knowing and hearing about Genesee Cancer Assistance. His involvement was in so many things, but especially Genesee Cancer Assistance and the Simply Beautiful program, which he created.”

Just for the occasion, she listed his attributes as they fit into the spelling of his name: J is for juggler, and “a heart so involved in so many organizations;” O is for having an open-door policy and being ready to talk and plan out the next new event; S for selfless, which was so evident by his presence at so many events; E for encourager; P for passionate; and H for helping others. And G as in Gerace, she said, "For get ‘er done." Her father "touched the lives of everyone he came in contact with," she said.

Event participants agreed. From Figlow and Fazio to volunteer Diane Martino, they all had Gerace to thank for bringing them on board with GCA.

“He’s one of the most wonderful, caring men I’ve ever met,” Fazio said. “He was so passionate about everything he did, and about the Simply Beautiful program. I know Joe would be so incredibly proud.”

She began to volunteer in 2015 before joining the board in 2017 and becoming president two years ago. Fazio was recruited to help Gerace, and readily admits that “wig care is not the same as hair care,” which makes the lessons so valuable to patients. When Gerace died in 2016, Fazio became even more involved with the program, she said.

"He motivated me to come and volunteer and help out," she said. 

Martino and her husband were friends with Gerace, and learned about the work he did at GCA.

“I just came and did stuff,” she said.  “It’s to help give back to the community.”

There’s a joke about her being a “poster child” for the agency, she said. It’s a literal term, since she has been seen so many times taping up event posters throughout town. Martino even brings along her own tape. She wants no specific recognition of herself, but of the group as a whole, she said.

Proclamations from Genesee County, New York State Assembly and Senate offices, and the City of Batavia took care of that. Each one recognized the efforts of GCA and its importance to the community. Genesee County Legislator Shelley Stein, who has battled cancer, added her own words to the proclamation's text.

“Those of us in this room will always remember the day of our diagnosis,” she said. “I’ve come to learn that hope lives in Genesee Cancer Assistance, and hope works through the people in this room. And our community is blessed.” 

Attendees at the 25th Genesee Cancer Assistance celebration Saturday enjoy dinner, take photos and listen to speakers Saturday at Batavia Down Gaming, including Genesee County Legislator Shelley Stein, in top photo presenting a proclamation to GCA Board President Nickie Fazio, GCA Executive Director Sue Underwood, Sue Underwood with volunteer Diane Martino, Karen Rowland, longtime GCA board member Dr. Roger Mudd and Master of Ceremonies Paul Figlow. Photos by Howard Owens

Holland Land Office Museum in Batavia: 20th Annual Wonderland of Trees Gala

Max Pies Furniture recently completed a facade renovation that both modernized the look of the building and kept the store's retro look.

"This is a special day for us here at  Max Pies Furniture today," said Steve Pies. "I personally grew up on the north side of town. This is the Southside of town where I spent a good portion of my adult life. I'm a big fan of the Southside going back to Pellegrino Bakery, the St. Anthony's lawn fete, and Kibbee Park. Huge thanks to VIele Construction, Ronnie and Paul Viele, for making this a reality today. We couldn't be happier with the new look and we kept the old-school sign flair."

After the official ribbon-cutting, retired County Manager Jay Gsell spotted a group of Jackson Primary students across the street and brought the giant Chamber scissors and some red ribbon over for the students to cut (photos below).

At 57 years old, it’s time to pay attention to some equipment at Batavia Middle School or risk the site’s future closure, Business Administrator Scott Rozanski says.

He presented the issue Thursday along with a recommendation to spend more than $57,500 for the repair of three pumps for the boiler at the Ross Street school. 

“When the boiler is working, condensation is working, and it captures that and reuses it throughout the system. It was installed in 1964 and started to show its age. The tank itself is leaking, along with return pumps,” Rozanski said during the board’s public hearing at the Batavia High School library. “If the tank and pumps were to fail, we wouldn’t be able to have school, and would have to shut down.”

Rozanski was asking for authorization to make the necessary repairs at a total cost of $57,583.52.

No one from the public showed up to the hearing. Rozanski explained that the price tag is part of a “piggyback bid” with the town of Greece. The pump problems were identified in a 2020 building conditions survey that’s to be performed every five years to assess facility needs and status. 

If the repairs are not made now, the issue could be a recurring expense, he said. A total of nearly $200,000 is currently in the Repair Reserve Fund, and this transfer of funds would leave $141,619.51, he said. 

“If there are funds at the end of the year, we will replenish the Repair Reserve for funds used,” he said. 

There was no discussion before a unanimous vote by Board President Alice Benedict and members Barbara Bowman, John Marucci, Jennifer Lendvay, and Chezeray Rolle to approve the use of funds. 

The board also voted to approve contracts or memorandums of agreement with:

— Firland Management/Batavia Ice Arena for use by Batavia Notre Dame United Hockey Team for practices and games.
— Notre Dame Board of Directors for interscholastic boys and girls swimming.
— Shared resources with the school districts of Pembroke and Byron-Bergen for Winterguard. 
— Attica Central School District for interscholastic wrestling. 
— Kimberly Gingrich for bilingual psycho-educational evaluations.
 

Updated 11/19/21: The Batavian reached out to Business Administrator Scott Rozanski for further clarification of the "piggyback bid" with Greece. The town of Greece had conducted a statewide bid for various New York State municipalities and schools. Bids were awarded by region to prime contractors for heating/ventilation/air conditioning, general contractor, electrical and plumbing work, Rozanski said.

“We were able to use this bid to secure a contractor instead of processing our own bid,” he said. “We did receive a quote initially to help assist with the initial planning of this project, which was approximately $18,000 higher.”

Photo above: Newly hired Superintendent Jason Smith reviews a board packet with District Clerk Brittany Witkop Thursday before the Batavia City Schools board meeting. Photo by Howard Owens.

Press release:

Northgate Church invites the community to its annual Vintage Christmas event on Friday, December 3, and Friday, December 10, 2021.  This family-friendly event will be “come and go as you please,” from 6:00-8:00 p.m. each Friday evening.  Enjoy a guided tour of a live nativity through the community prayer walk, complete with carols, tractor rides and hot chocolate.  Come celebrate the season, enjoy a few classic Christmas movies on our outdoor movie screen, all while staying cozy around a campfire.  There will be a small devotional, presented at 7:00 p.m., to ready our hearts and minds for the Christmas season, accompanied by a magnificent tree lighting.  This is a free event, open to all ages.  Northgate Free Methodist Church is located at 8160 Bank Street Road, Batavia, New York. For more information, contact the Northgate office at 585-343-4011 or visit northgatefmc.com

Press release:

St. Paul Lutheran School is proud to announce the Honor Roll and High Honor Roll for the 1st Marking Period of the 2021-2022 School Year.  The following students have earned the Honor Roll:

Isabella Battaglia, Benjamin Forsyth, Syvonne Holliday, Caleb, Janis, Tomas Schrader, Korina Hodges, Eli Janis, Helen Schofield, Lucy Warren, Lillian McClellan, and Lilah Guarino.

The following students have earned the High Honor Roll:

Emma Clark, Abigail Varland, Mathew Mosher, and Cooper Parker.

Press release: 

Kiwanis Club of Batavia is hosting its annual Thanksgiving Day Skate on Thursday, November 25th, 2021 from 9 am to 11 am at Falleti Ice Arena, 22 Evans Street, Batavia.  The event includes FREE admission, skate rentals, and hot chocolate (while supplies last).

Photo: File photo from 2014

Two men from Rochester are being accused of running a check-cashing scam against a Batavia resident and one of them is facing a felony charge as a result.

Brian N. Miles, 25, is charged with attempted forgery 2nd, criminal possession of stolen property 5th, and criminal possession of a controlled substance 7th.

Marcus D. Snow, 23, is charged with conspiracy 5th.

On Monday, the Sheriff's Office received a report of somebody outside the ESL Federal Credit Union trying to solicit people to cash a check for them.  

The scheme worked like this, according to the Sheriff's Office: The suspect asks a citizen to cash a check for them at a local bank under the pretense they do not have identification on them or that they are not a member.  If the citizen agrees to cash the check, the citizen withdraws the deposited funds and the cash is turned over to the scammer. The suspect provides the mark with a small monetary sum for assisting them.  The checks are either fraudulent or stolen and not backed by real U.S. currency.  The citizen loses the money associated with the deposited check once the check bounces.

At the time of his arrest for allegedly executing such a scheme against a Batavia resident, Miles reportedly possessed crack cocaine.

Both suspects were released on appearance tickets since, under current NY law, their offenses do not qualify for a cash bail requirement.

With a mother as a reading instructor and a father who taught art, Dan Crofts’ life path may have seemed a creative given. 

And his growing list of written works, including the most recent piece of fiction, is a testament to that prediction. “A Short History of the R-Word” is the Batavia native’s latest published book.

“The general lesson is relating to people on a level of our common reality,” Crofts said during an interview with The Batavian. “The way we treat each other has ripple effects. I’m interested in the debate around the R-word … and interested in language and the history surrounding it.”

The book begins with a tease of whether it’s based on a true story or not. Names and details “may have been altered,” Crofts says, but it goes no further to nail down the question. 

He does admit that it’s a work of fiction, pulling a familiar character from Susan Conklin’s “Supernatural Genesee” and carrying him — Frank the Dwarf — onward to examine the past history of the word retard.

Crofts’ research led him to Latin and Eastern European roots. Never having been in those regions, Crofts struggled with how to genuinely write about them. He crafted a medium by which he could narrate the action. He chose magic binoculars as a way “to symbolize my distance to the location,” he said.

Yet local readers will find much familiarity with various aspects of the book, such as Ellicott Avenue, Lambert Park, and Robert Morris Elementary School. The story begins with Paul Schlepp and his three best friends messing about on the swing set at Robert Morris.

“Outwardly they prided themselves on being two years the seniors of those who had just graduated from this their alma mater; but an unspoken part of each of them missed the “kiddo” days, Crofts writes. “Amidst his reminiscing of childhood, Paul breaks the romance of nostalgia by noticing John.”

“Yo, is that that retard from the store?” 

And a hurried flow of thinly veiled insults follow as the boys ask aloud, "does he talk?" "How could he be working in a store if he didn’t talk?"  "Does he still live with his mom?" "He’s likely someone who touches little kids."

“It should be noted that the word used by Brandon and Paul — the notorious ‘r-word — was one all the boys were used to, and not least of all from the custom of using it on each other,” Crofts writes. “Any time one of them said or did anything really or apparently unintelligent, the word was as readily applied to him as to any disabled person, and with much less reticence about saying  it to his face.” 

Frank the Dwarf eventually makes his entrance and introduces Paul to the magic binoculars that can see the past. Paul experiences instances of when retard had an accent on the second syllable, originated in a different language, and meant “to slow down,” and not about a person’s character. 

Frank the Dwarf talks to Paul about how the “speaking races” have the power to abuse each other as much as to lift one another up. Words are a part of us, Frank says. 

“We have to take care of them,” he says. 

The book evolved from a chapter Crofts, who has a bachelor's in English, began to write for a larger project of “journalistic, reflective and academic” contributions. After that project fell through, he kept expanding the chapter until it became a total work of its own, he said.

The topic is no stranger to the 36-year-old who works as a direct support professional at Arc Glow in Batavia and has written for an Autism Spectrum publication.

Henry J. Stratton II, who has shown his own pieces at Genesee Community College, illustrated the cover, and it was published by Batavia-based Applied Business Systems. 

Copies of his book are $5 and will be available for purchase at Arc’s annual Chili and Chowder Fest. It runs from 4 to 6:30 p.m. Friday and 10 a.m. to 1:30 p.m. Saturday at the Community Center, 38 Woodrow Rd., Batavia. All proceeds will go toward Arc programs. 

For more information, email Crofts at danielcrofts31@yahoo.com.

Kelly March is a mother of three teenagers, a local business owner, and someone who believes in following state mandates. 

The Batavia resident is also a patient advocate and cannabis ambassador who encouraged Batavia Town Council members Wednesday to opt into allowing cannabis retail dispensaries.

"When you opt out, you’re not making it safer; you’re giving the legacy market license to flourish,” March said during a public hearing about proposed cannabis legislation that would allow dispensaries and on-site consumption of the product. 

March was one of two speakers and about a half dozen quiet supporters at Batavia Town Hall. She supports the reformed marijuana laws that would ensure safe, high quality cannabis in this area, she said. 

Otherwise, by opting out of the move, Town Council members are side-stepping legal ways to provide and sell marijuana, she said, and opening up opportunities for those that sell on the “legacy market.” Legacy is the more acceptable term nowadays for the previously used phrase “black” market, she said. 

“By banning the legalized market, it will increase use by the youth,” she said. “Batavia is a community rooted in farming. We have cannabis now … We want the right to be able to pursue our own business, just like distilleries in the area.”

March foresees craft cannabis products available, just as craft beer, wine and liquors have become popular. Aside from the business end of the issue, she also spoke of the Compassionate Care Act, which has gradually been adopting less restrictive policies so that patients have an easier way to access medical marijuana. Right now patients have had to deal with “a plethora of issues,” she said, including affordability and access due to dispensaries being at greater distances.

A medical card-carrying patient herself, March knows only too well the hassle of driving two hours to obtain relief through cannabis treatment, she said. Having to figure out what to do with one’s children while visiting a dispensary only compounds the problem, she said. 

March founded her business, Genesee Cannabis Club, in 2018. It provides educational programs for women to empower them as part of the work force, she said. There is no down side to allowing for dispensaries locally, she said. 

“I urge you to please think about it,” she said. 

Although Penelope Hamilton Crescibene is not a recreational cannabis user and was once “petrified” of all the pitfalls she heard about marijuana, she has become a vocal advocate of its use. Batavia was her sixth board visit to address issues of opting out of cannabis dispensaries, she said. 

“People are afraid of this change. The old fear-mongering is alive and well,” she said to The Batavian. “I get calls all day long from people needing help." 

Crescibene was diagnosed years ago with rheumatoid arthritis and the auto-immune disease of Sjögren’s syndrome. Once on heavy loads of prescription opioids to lessen the pain, she eventually turned to cannabis. Within 30 days she was off all opioid drugs, she said. 

“I learned all about the science. I learned about this plant,” she said during the hearing. 

The East Pembroke resident is director of community engagement for The Cannabis Community, which shares information through “education, awareness and access.” She is also a medical adviser for Empire State’s chapter of the National Organization for the Reform of Marijuana Laws, known as NORML, and wants to help inform individuals and groups about this topic.

There have already been cannabis sales locally, she said, and people are driving on the roads.

“We already know people are using this,” she said. “If it was legal, we would be able to grow it like apples. If you give the option of opting out, you are saying ‘you’re welcome to stay and continue your illicit sales.’  You’re also opting out of taxes.”

She urged the board to help address the stigma associated with who uses marijuana: the majority of people are patients medicating their health conditions, she said, versus the stereotypical notion that minorities are using it more heavily than other populations. 

“Let’s start working together and start educating,” she said.

During a previous meeting, Batavia Town Board voted to have the public hearing to obtain community member feedback on the resolution. One option is to enable the municipality to opt out of allowing cannabis retail dispensaries and on-site consumption sites through New York’s Marijuana Regulation & Taxation Act.

Supervisor Gregory Post had said he didn’t think the town had enough information from New York State to “enter into something that we could never get out of.” He suggested that the town take more time in making an affirmative decision. The board can always opt in at a later time, he said, once more details are available. Post had also expressed concern regarding the vote of five board members, citing that it probably “isn’t a clear and transparent representation of the whole community.”

The board will vote on the resolution at a future meeting. 

Photo above: Penelope Hamilton Crescibene speaks during a Batavia Town Board public hearing to opt in or out of cannabis dispensaries.

Advocates Kelly March of Batavia and Penelope Hamilton Crescibene of East Pembroke advocate for allowing cannabis dispensaries and on-site consumption, per the Marijuana Regulation and Taxation Act in New York. 

Batavia Town Board receives feedback about its future vote on cannabis dispensaries during a public hearing Wednesday evening at Batavia Town Hall. 

Photos by Howard Owens. 

The testimony of Jason Whitehead and Crystal Schultz helped lead to the conviction of Jacob Sponaugle of attempted murder at the end of a three-day trial, said District Attorney Lawrence Friedman, who won a conviction in his final case of a 40-year prosecutorial career.

"I think that we had a very strong case," Friedman said after a jury found Sponaugle guilty on all counts. "I mean, we had, as I argued to the jury, in my summation, we had two witnesses, who had no connection, didn't know each other before, have had no contact, since I've never discussed this case. And they basically told the same version of what happened in great detail." 

Jacob Sponaugle shot Whitehead in a gun deal gone bad outside the Days Inn in Batavia the night of July 22, 2020.

The jury deliberated for 90 minutes, with a break to ask Judge Charles Zambito to read back the jury instructions on the attempted murder charge, and found Sponaugle guilty of all the charges against him:

• Attempted Murder 2nd, a Class B violent felony
• Assault in the first degree, a Class B violent felony;
• Criminal possession of a weapon in the second degree, a Class C violent felony;
• Aggravated criminal possession of a weapon, a Class C violent felony;
• Criminal possession of a weapon in the third degree, a Class D felony;
• Criminal using a firearm in the first degree, a Class B violent felony;
• Criminal using a firearm in the fist degree, a Class B violent felony;

"(It) was a relatively brief deliberation considering the seriousness of the charges and the number of charges, and they (the jury) just basically didn't seem to have any problem with any of the evidence. They believed the witnesses and I think for them, it was straightforward," Friedman said.

Sponaugle faces a possible maximum prison term of 30 years (25 years max on the attempted murder charge with a required five years consecutive on one of the weapons charges). He will be sentenced on Dec. 15.

Whitehead testified that Sponaugle contacted him on July 22 attempting to sell him a gun. They haggled over the price and then Whitehead decided he might be able to sell it to Devon Wright, a Batavia resident.

The three men arranged to meet outside the Days Inn.

Schultz was a passenger in Sponaugle's car.  

Both Whitehead and Schultz gave similar accounts of the shooting, with Sponaugle and Wright arguing and then Sponaugle walking away from Whitehead and Wright before turning and shooting Whitehead.

Whitehead told the jury that Sponaugle said: "it's all your fault" (blaming him for the gun transaction not being completed) before he shot him.

Wright was originally a co-defendant in the trial but yesterday he agreed to a plea deal that satisfied all of the criminal charges against him from several arrests. He faces up to 10-years in prison but was released under supervision, giving him a chance to be present for the birth of his first child.

The case is the final trial for both Friedman and County Court Judge Charles Zambito, who are both retiring.

"Obviously this is a good way to end, with a serious case going well, and I'm certainly pleased with the result," Friedman said. "It's a good note to end on."

In his testimony, Whitehead told the jury that the bullet Sponagule fired into him from a .32 caliber handgun is still lodged in his spine and will be there for the rest of his life. 

He said he was neither happy nor sad to learn of Sponagule's conviction.

"I don't have no hate for him, I guess," Whitehead said. "I mean, I don't like him, but I guess there's no hate. I don't know why he did it or what brought him to do it, but just, I don't know, just neutral. I guess. I got no hate for him."

Even so, Whitehead suggested there is no appropriate sentence for Sponaugle given the fact Whitehead will live with pain for the rest of his life.

"It's hard to say how long he should get. I mean, he tried to take my life so it's, I don't even know, like, I got to deal with it for the rest of my life," Whitehead said. "So I'll always be in pain and he'll be behind bars but he won't know what pain feels like so and no time I guess is enough for that type of crime. I guess he shouldn't be allowed back out. My point of view is he shot somebody. I mean, it wasn't his family. It was. I don't know. It's hard to hard to be the judge, I guess."