batavia

         Malik Ayala

After a closed-door meeting with Public Defender Jerry Ader and District Attorney Larry Friedman, Judge Charles Zambito emerged from Chambers on Thursday announcing that 27-year-old Malik Ayala was accepted into a Judicial Diversion Program that could last seven months or more.

While in the seven-month program, he will also be under the supervision of the Probation Department. Since Ayala entered drug treatment programs in Niagara County and in Genesee County this past fall, he has kept out of trouble and has been clean of drugs and alcohol and has avoided sentencing.

Ayala has already accepted a plea deal and has pled guilty to a felony burglary charge.

He was picked up on Nov. 15, 2018, in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.

The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.

After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.

TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision in the incident. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.

Today, Malik Ayala told Judge Zambito that he was thankful to Horizon and the Court for allowing him to attend the treatment centers.

“I was a knucklehead," he said. "I was on drugs but now I am clean, living out of town and my mind is focused. I want to say I’m sorry to the community for my past.”

Judge Zambito warned Ayala that if he doesn’t toe the line he will go to prison.

“This is just the first step,” Zambito said. “I will be monitoring you in the diversion program and on probation, I can sentence you to seven years if you mess up.”

Malik Ayala was convicted on a burglary charge in 2010 after violating his probation. He served a state prison term after being sentenced to one to four years.

Friedman disagreed with the idea of the diversion program.

“Based on his history, he went to prison for burglary and graduated to residential burglary, I feel state prison is appropriate,” Friedman said.

Ader told the court that his client is eligible for the program and he has kept up with his treatments and there are no new crimes that have been committed.

“Mr. Ayala knows if he messes up he could face seven years in prison and I think that speaks volumes,” Ader said.

Temporary orders of protection were extended until Jan. 16, 2021.

Judge Zambito wished Ayala luck as he left the courtroom.

The sentencing was adjourned to Aug. 11 at 9 a.m., but the sentencing date could get pushed back again depending on what the diversion program advises at the end of seven months.

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A car vs. pedestrian accident is reported in the city at East Main Street and Harvester Avenue. The pedestrian is down in the roadway. City PD just arrived on scene. City fire and Mercy medics responding.

UPDATE 5:08 p.m.: The pedestrian is being evaluated by medics. Both pedestrian and the pickup truck that struck the pedestrian had a green light. The pedestrian was walking in the crosswalk -- unknown at this time if northbound or southbound -- when the truck, which was making a left turn from northbound Harvester onto East Main Street -- struck the person.

Tech is increasingly part of the learning environment in City School classrooms and at Tuesday's Board of Education meeting, two teachers -- Alexander Veltz, Social Studies (photo), and Andrew Kiebala, Math -- shared how they're using Chromebooks and Google classroom tools to aid in their instruction.

Their presentions came as part of the information technology review by Director of Technology Jeff McKinney.

Veltz shared how he can use Google tools to share assignments, worksheets, handouts, and ensure that not only are they available in the classroom, but students (and their guardians) have access to the material at home. The availability of the material is helping him meet the new demands for greater reading comprehension in state exams.

With the tools, students can answer questions and get immediate feedback on their responses. 

Another tool allows students to sort through documents, which is especially helpful for a project that requires them to write an essay based on pre-assigned material that they must study, find a common theme, and then organize in order to write the essay.

"There is a shift in New York State where it's less about retention and more about argumentation based on perspective and point of view," Veltz said. "Retention is a skill New York is moving away from."

Trustee Shawn Murphy, who teaches at Genesee Community College, asked if the use of the tools was taking away from classroom engagement. Veltz said not at all.

McKinney added, "We are not switching over to where kids just sit in front of a computer. That's not the intent at all."

Kiebala shared tools that students can use to study geometric properties. 

He also shared a program that allows students to work on quizzes that he guides from his own computer and see where they need help. He said the program allows students to ask questions and make observations that he can then share with the class. The process allows students who might normally be shy about raising their hands to contribute more readily to classroom learning.

"This is my favorite thing to do," Kiebala said. "It allows them to be independent and also allows me to have control, so it's the best of both worlds for a teacher."

Kiebala shared a study published by NPR that indicated most people in the work world don't spend a lot of time doing trigonometry or geometry but they do spend a lot of time working in Excel, so his statistics class is heavy into spreadsheets.

"I tell the class, 'this is what you're going to spend your time doing because this is what you're going to use,' " Kiebala said. "You don't have to do anything by hand anymore because you either have a calculator or a spreadsheet but you still need to know what the numbers mean."

202 Trumbull Pkwy -- Super well cared for City ranch located on North side on quiet street. This home sits on a large double lot with nice landscaping. Don’t let this one go unnoticed – this owner did everything right and took care of all the maintenance so you can just move in and make it your own! You name it, it was done. Roof, windows, furnace etc. ... Many nice features including: entry hall with laundry area off garage. With a place to kick off your shoes and storage-leading into large and cozy kitchen with dining area next to gas fireplace, so so homey! Look out slider door to peaceful backyard or curl up next to fireplace while you eat and entertain! Also has large front living room and three good sized bedrooms. Don’t forget two-car garage and very large and dry basement for all your extra storage or hobbies. Come see! Click here for more information on this listing.

9400 Putnam Road -- Location is key for this solid and comfortable country farmette-located on almost 23 PRIME country acres in the Town of Batavia with Alexander School District! This home offers so much for someone looking for room to spread out, large rooms, high ceilings, big bedrooms, TONS of storage, two living rooms gorgeous woodwork, hardwood floors and some of the County’s best farm land! This property goes all the way over to East Road with frontage there as well-you could parcel off and sell OR build your other dream home! So many possibilities—and all very well kept and lovingly cared for, definitely worth a look! Click here for more information on this listing.

David Chua, Stephen Pribek and Ashley Elmore -- Certificate of Appreciation

Sarah Gahagan has nominated David Chua, Stephen Pribek and Ashley Elmore for a board award. Each of these individuals invested a large chunk of time mentoring and modeling the word "commitment" to the B Squad boys. They did what not everyone does....they SHOWED UP. Each week, two days a week for 20 weeks these volunteers modeled follow through and were able to showcase what "doing what you love" looks like.

Each of these volunteers had something special to offer, a love of running and showed just how important it is to continue doing what you love, even into adulthood when you are busy and "life" takes over. Chua was a soft spoken guiding force of optimism and motivation, whereas Pribek could always add a science lesson into our running and truly teach us something new every single practice. His humor was a favorite with the boys. And Elmore is a ray of light. She is positive, fun, and encouraged the boys to always be their best under any circumstance. She is a true leader who shines from the inside out.

This program is only able to be successful because of the volunteers. We need to ensure safety while running and the more adults we have, the safer we are and the more boys we can accept within this program.

Volunteering is something not many do these days and it is valuable and appreciated and for this they all deserve to be recognized.

Carlos Colon -- Certificate of Appreciation

The English as a New Language faculty nominate Carlos Colon for a Board of Education award because of his dedication to our district and students. Anyone who knows Carlos would use words like friendly, easy going, helpful, and caring to describe him. Colon's official job title is maintenance staff, however he frequently uses his time to help others outside this requirement.

Most notably, Colon has helped countless times this year alone in translating needs, concerns, and important information between teachers or administration, and parents who speak only Spanish. He does this because he knows the parents and teachers struggle to understand each other using only a translation app, and he doesn't want something important to be misconstrued due to a technical error.

He has also been called upon when our Spanish-speaking students needed a familiar face and language to calm them down. He has talked kids down from metaphorical ledges more than once, and helped the students come to a more peaceful place so that teachers could have a conversation with students. One student even shadows him as he works, as an incentive for good behavior.

Other students also look up to Carlos, as a friend, mentor, and a person they can trust. Colon embodies the phrase “above and beyond,” all in the hopes of helping our students be successful and understood. For these reasons, we believe Colon is well deserving of recognition for his work by the Board of Education.

Nominated by the ENL Department Staff.

Jenna Mrzywka (pronounced Majifka), Trina Cox, Addison Marino, Chelsea Cummings, Courtney Turcer and Shawn Chrysler.

Jim Jacobs -- Certificate of Appreciation

Jacobs recently came back out of retirement to fill in as Interim Director of Facilities. He stepped back in and it was as if he had never left. His knowledge and experience was instrumental in our schools opening smoothly and safely this year as the Capital Project created many changes to the District. Working closely with him, I saw first hand his continued dedication to make our schools the best they can be for our students and staff. It was a pleasure working with him again. Thank you, Jim!

Anonymous nomination.

Information and photos submitted by the school district.

Press release:

The Batavia Police Department has been investigating several cases where credit card numbers have been used fraudulently at businesses in the City of Batavia.

The suspect will not have the physical credit card but will ask the clerk to type in the numbers manually. The transactions will be initially approved, allowing the suspect to obtain the items from the business, but will be declined approximately a month later.

Business insurance will typically not cover the transactions, which means the business is out of the money.

The best practice for businesses to help prevent this type of fraud is to ensure customers have the physical credit card with them and to ask for identification with every card transaction, making sure the names on both the ID and card match.

The cases are ongoing so further details cannot be released at this time.

Anyone with information in reference to the case may contact: Detective Sgt. Matthew Lutey at 585-345-6365; or the Batavia Police Department at 585-345-6350; the confidential tip line at 585-345-6370; or online here. 

Submitted photo and press release:

On Thursday, Jan. 16, The Roberts Chorale will perform its first solo concert of the New Year. The concert is free of charge and open to the public and will begin at 7 p.m.

It will take place at the First Presbyterian Church of Batavia, which is located at 300 E. Main St. Seating is by general admission; doors will open at 6:45. There will be a reception following the performance.

The Roberts Chorale is Roberts Wesleyan College’s premier vocal ensemble, devoted to the study and performance of high-quality choral music from diverse styles, musical eras, languages, and cultures.

Bonded by a passion for compelling musical performance and a desire for meaningful Christian fellowship, the Chorale is an ensemble of talented singer-artists who combine their gifts to cultivate excellence in choral singing.

For its 2019–2020 season, it is comprised of 41 students representing 18 academic majors at Roberts Wesleyan College, four home states, and three home countries.

The day after this concert, the Chorale departs on a performance tour of Florida, with concerts throughout the following week in Lakeland, Tallahassee, Jacksonville, Fort Lauderdale, and Marco Island.

In the past two years, the choir, directed by Adam Potter, Ph.D., has toured the East Coast and returned from France in May, performing to large and enthusiastic audiences in Paris and Normandy.

Each year, the Chorale’s musical programming and extra-musical activities are structured around a unifying theme. This year, the theme—and that of the tour—is perseverance.

In devotionals and other spiritual life activities incorporated into the ensemble, they are reflecting on James 1:12: “Blessed is the one who perseveres under trial because, having stood the test, that person will receive the crown of life that the Lord has promised to those who love him.”

The title of the Florida tour program is “Through the Storm … Lead Me to the Light.”

These words are borrowed from the central piece on the program, Thomas Dorsey’s “Precious Lord,” and the repertoire is structured around the storm, ead, and light themes.

The first set of the concert is called “The Rain Awakens” and features storm music that represents the elements of nature. During the second set, “Turn Darkness Into Light,” the storm fades away and the theme of light begins to emerge through. The Chorale returns to the stage for its third set: “Lead Me Home,” during which the music leads the audience not only to physical light but to the Light of the world, Jesus Christ. Finally, in the final set, “The Star of My Life Is Jesus,” the Chorale sings of the One who is the culmination of every piece that preceded it.

Although thematically unified, the program is stylistically eclectic, including music from Renaissance Mexico, Classic Austria, and also music guaranteed to delight audiences, including new music by American composers, a folk song arrangement, gospel music, spirituals, and even a choral arrangement of a contemporary Christian ballad from the 1970s.

Through Potter’s philosophy of “relentless positivity,” the choir has been able to bring the concert together with the goal of sharing their music and their faith with the Batavia community in preparation for expanding their reach while on tour in Florida the next week.

If you like John Edwards and "The Long Island Medium" then you will probably enjoy a "Psychic Gallery Event" with Steven Albert at Blue Pearl Yoga Studio in Batavia on Friday, Jan. 31.

Time is 6:30 to 8:30 p.m.

Tickets cost $35.

Many people are astonished at the detail in his readings.

If you have a mystery around a death -- come let him look into it and tell you the "real story" of what happened. Albert claims he is often able to channel loved ones who have passed.

His passion is bringing forth what needs to be said to help with healing of the people left behind.

The yoga studio is located in the Masonic Temple building, third floor, at 200 E. Main St. -- the southeast corner of Main and Center streets Downtown.

To learn more, visit www.stevealbert.net

Questions can be emailed to: KBREBS@HOTMAIL.COM

Commonly Asked Workers’ Compensation Questions:

Renee Suzanne Symonds, 51, of Cedar Cove Trail, Rochester, is charged with third-degree assault and second-degree harassment. Symonds was arrested after an investigation at Batavia Downs Casino & Hotel on Park Road in Batavia. She allegedly attacked two security guards at 4:58 p.m. on Jan. 13 after refusing to leave the property. She is due in Batavia Town Court at 1 p.m. on Jan. 30. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy David Moore.

Marissa Nicole Lehto, 30, of Liberty Street, Batavia, is charged with grand larceny. She was arrested and is due to answer the charge today (Jan. 14) in Batavia City Court. She is accused of taking a wallet containing a credit card from a purse that did not belong to her at 6:10 p.m. on Jan. 27, 2019, on Main Street in Batavia. The case was investigated by Batavia Police Officer Stephen Quider, assisted by Officer Peter Flanagan.

David James Leroy, 27, of Gabbey Road, Pembroke, is charged with second-degree harassment. At 6:17 p.m. on Jan. 12 he was arrested on West Main Street Road in Batavia. Leroy allegedly responded to another person's place of employment in the Town of Batavia after being told to cease contact with that person. He was released on an appearance ticket for Jan. 16 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

John Frederick Macintyre, 67, of Linwood Road, Le Roy, is charged with: driving while intoxicated; speed not reasonable and prudent; failure to keep right; and DWI with a BAC of .08 percent or more. He was arrested at 8:13 p.m. on Linwood Road in Le Roy after the investigation of a property damage accident. Macintyre was issued traffic tickets and is due in Le Roy Town Court on Feb. 4. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Andrew Mullen.

Michael Todd Swiatowy, 48, of Hartshorn Road, Batavia, is charged with driving while intoxicated and refusal to take a breath test. Following an investigation at the scene of a domestic incident, Swiatowy was arrested and arraigned in Batavia City Court. He is due to return to court on Feb. 18. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy James Stack.

Michael Andrew Coleman, 44, of Post Avenue, Rochester, is charged with third-degree bail jumping and aggravated unlicensed operation in the second degree. At 2:30 a.m. on Jan. 11, Coleman was turned over to the Genesee County Sheriff's Office by Monroe County County deputies. He was arrested for having an outstanding arrest and bench warrant out of Town of Alabama Court, where he was arraigned then released on his own recognizance. Coleman is due there again on Jan. 15. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro.

Submitted photo and press release:

The Batavia Society of Artist is hosting Artist Terry Weber from 7 to 9 p.m. on Feb. 11th at GO ART! in Seymour Place, 201 E. Main St., Batavia.

She will be having a hands-on felting demonstration of a resting rabbit. Non-members welcome for a $5 fee.

The demo will actually be a hands on class where you'll make your own soft sculpture that you get to take home with you.

About Terry Weber

I studied Art at Saint Mary University in Leavenworth, Kan. My concentration was in Pottery, with a Secondary Education minor. I taught in Denver for three years, grades three though eight, before moving back to New York in 1982.

After eight years in the hotel business, I opened up my own shop where I did a bit of everything, selling beer and lottery tickets, ice cream and tacos, gifts and antiques. I closed it in 2005 and started a revival of my life as an artist.

I've dabbled in many mediums and textiles, from watercolor to silk painting. I started needle felting eight years ago. There are many artists working worldwide in this relatively new medium. Some use it to embellish clothing, others make works of art fit for any museum.

The process relies on the nature of wool, which has many scales on each strand. When pushed together, either through heat and agitation, such as in wet felting, or the action of barbed needles in needle felting, the strands bind to one another quite strongly to make felt.

The soft sculptures that can be created have a warmth that you don't get through other mediums like stone or clay. A cuddly sculpture, that's very attractive and hands on.

Wool naturally repels dirt and water, a bit of vacuuming once in a while is the only care required.

A school bus is disabled and leaking fluids at Court Street and Main Street, Batavia.

No accident was reported.

City fire responding.

UPDATE 3:40 p.m.: The bus cleared the scene about 15 minutes ago.

Press release:

Democratic candidates for Congress and NYS Senate will visit Batavia to talk with voters on Thursday, Jan. 30. 

The Genesee County Democratic Committee invites the community to meet candidates for Congress and NYS Senate District 61.

Candidates including Nate McMurray, Joan Seamans, Kim Smith, and Jacqualine Berger will join us from 7 to 9 p.m. at Moonjava Cafe, 56 Harvester Ave.

Come register to vote, apply for an absentee ballot, learn about the upcoming elections, participate in a Democratic Presidential Primary Poll, visit with local Democratic officials, meet potential 2020 candidates, learn more about early voting and changes to NYS elections laws and more. 

All are welcome! 

"Be represented, be a voter."

Shirley Puleo and Lynn Bezon chat with owner Derek Geib during the first-anniversary celebration yesterday of The Coffee Press on Jackson Street.

Among the awards handed out Friday night by the East Pembroke Volunteer Fire Department was a plaque and gold-plated ax for Donald Newton Sr., for his 50 years of service to the department.

In those 50 years, Newton has been a fire chief, a commissioner, a president of the fire district board, a captain, lieutenant, assistant chief, vice president and a member of the board of directors.

In the photo above, he's hugged by his son, Don Newton Jr., while 1st Assistant Chief Charles Chatley and 2nd Assistant Chief Stephen Smelski hold the award.

Other awards Friday included Dan Vania, who served for 27 years as district treasurer. Charles Chately and Paul Kirch both received Firefighter of the Year. (Kirch was unable to attend the dinner.) 

Five years of service: Kenny Marble, Ryan Worthington, Joycelyn Perry, Jennifer Henning, and Paul Kirch; 15 years of service: Don Norway; 20 years of service: Dave Winters and James Gayton.

The department responded to 318 calls in 2019, which came to 1,200 manhours on calls for service.

Firematic officers for 2020: Don Newton Jr., chief; Charles Chatley, 1st assistant chief; Stephen Smelski, 2nd assistant chief; Paul Kirch, captain; Kenny Marble, lieutenant; Joycelyn Perry, EMS captain; Jen Groff, EMS lieutenant; Dale Lewter, fire police captain; Matt Allen, Rick Groff and Justin Nye, training officers.

Charles Chatley, Kenny Marble, Don Newton Sr., Don Newton Jr., and Stephen Smelski

Charles Chatley, Don Newton Sr., Kenny Marble, Dan Vania, Don Newton Jr., and Stephen Smelski

Don Newton Jr., Charles Chatley, Stephen Smelski

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The Lady Blue Devils moved to 8-3 on the season with a 61-47 win over Greece Olympia Friday night.

Emma Krolczyk and Kenzie Reigle came up big with Krolczyk scoring 22 points, grabbing six rebounds and four steals. Reigle scored 19 points, had six rebounds, five assists and six steals.

Bryn Wormley scored 13 points and had four steals. 

For Greece Olympia, Janale Miller scored 12 points, Clearra Spencer also had 12 and Abby Dewar scored nine.

Photos by Steve Ognibene. To view or purchase photos, click here.

Northgate Free Methodist Church will be kicking off its annual youth basketball program this Saturday, Jan. 11.

The basketball program will be held each Saturday in January and February.

This program is designed for second- through eighth-grade students, with an emphasis on an instructional noncompetitive atmosphere for casual players.

Times are:

• 9 to 10 a.m. for second and third grades;
• 10:15 to 11:15 a.m. for fourth and fifth grades;
• 11:30 a.m. to 12:30 p.m. for grades six, seven and eight.

The first two weeks will be skills and drills, with all the following six weeks being exhibition games.

Sixth, seventh and eighth grades will participate in a weekly officiated pickup game.

A more complete schedule will be provided on Jan. 18th, along with a team assignment and jersey.

Along with basketball instruction, each team will participate in a small devotional time.

The program will be conducted at Northgate’s South Campus, 350 Bank St., Batavia.

The 2020 program costs $20 per player or $30 per family (same household).

Sign-up forms are available during regular office hours and at northgatefmc.com.

Registration will be available Saturday morning at the door.

Please contact Pastor Daniel Calkins with any questions at daniel@northgatefmc.com or 585-343-4011.

Press release:

Girl Scouts of Western New York (GSWNY) will host a 12-hour membership drive called the Girl Scout Join-a-thon and offer unique incentives to both adults and girls who register on Wednesday, Jan. 15, from 8 a.m. to 8 p.m.

Throughout the day, GSWNY will take on-the-spot registrations over the phone and in-person registrations during our normal business hours.

Adults must be 18 years of age or older to volunteer and girls must be in grades K-12 to join. In addition, Girl Scouts is sending out a special invite for girls in grades K-1 to join as Daisy Girl Scouts.

The first 50 to join will receive an exclusive Join-a-thon patch and all those who register during the Join-a-Thon will have a chance to win a $100 Amazon Gift Card, a year’s supply of Girl Scout cookies, or a $25 Amazon Gift Card when they call 1.888.837.6410 or visit a GSWNY Service Center in person.

New this year is our FREE Slime, Cocoa & Cookies event for new girls to make slime, enjoy delicious Girl Scout cookies and hot chocolate, have a chance to win prizes, and learn about the Girl Scout experience. Girls must be accompanied by an adult to attend. The event will take place during the Girl Scout Join-a-thon from 5:30 p.m. to 7 p.m. on Wednesday, Jan. 15,  at Girl Scouts of Western New York’s Service Centers.

The GSWNY Batavia Service Center is located at 5 Jackson St., Batavia.