batavia

A deputy has been dispatched to the area of 9300 Francis Road for a report of cows in the road.

The deputy's reply: "Copy, steak in the road."

Two cars were apparently shot at while driving north on Ellicott Avenue around 5 p.m., according to Batavia Police.

Both cars were hit, one having window damage and the damage report is not yet available on the second car.

Evidence indicates the shots came from the east side of the street between Washington and Park.

It hasn't been determined whether the shots came from a pellet gun or a small calibre firearm.

Anybody with information that might aid the investigation are asked to call Batavia PD at 345-6350.

UPDATE 9:33 p.m.: Sgt. John Peck said that some evidence was found in the area of 42 Ellicott Ave. and that two possible juvenile suspects have been identified. The investigation is ongoing. "It's possible other vehicles have been hit and the drivers are not even aware of it," Peck said. If any other cars were hit, or if anybody has more information, they can call Batavia PD at 345-6350.

The owner of the Batavia Nursing Home has been accused by federal authorities of committing wire fraud to help fund a "lavish" lifestyle.

Meanwhile, two employees of the nursing home on State Street have contacted The Batavian to say they've either not been paid or were paid late.

Marc L. Korn, 54, of East Amherst faces a possible 20 years in prison or a $250,000 fine or both. He was arraigned a week ago in federal court and is scheduled to appear again on June 2.

Assistant U.S. Attorney Gretchen L. Wylegala, who is handling the case, said that Korn devised a scheme to obtain funds from a charitable organization he headed, the American Friends of Assaf Harofeh Medical Center, an organization which raised funds to support a medical center in Israel.

An IRS investigator told the Buffalo News he's diverted as much as $1 million for his personal use and has also kept employee payroll taxes.

For employees of the nursing home, they're wondering what's going on. Today, they were told there was no money in the payroll account so no checks would be issued. 

"We've been told we would be paid, but we don't know when," an employee said.

This has happened before, according to another employee, who said two weeks ago the employees were given checks but told they couldn't cash them until the following week.

Korn could not be reached for comment.

One of the employees said that the Department of Labor has visited the facility, but she's not aware of any action beging taken.

She said all deliveries -- including food for residents -- are now C.O.D. (collect on delivery)

"The residents have their Social Security checks sent to the nursing home," she said. "Where's the money going?"

A relative of hers is a resident at the facility and the family is trying to move her, but she said she doesn't think the community really understands what's going on at the nursing home.

Five people quit today, she said. She figures she will start pulling 80-hour work weeks to keep up with the work load.

She continues her employment there, she said, because she believes it would be unethical to leave the residents without care.

Her husband's income has also been uneven lately, she said, so times are tough.

"I have to go home and tell my kids we may not eat today," she said.

She said all of the employees are facing similar difficulties, including falling behind on mortgages and car payments.

The woman said employees have been told Korn is trying to sell the facility, but they're not aware of any progress on that front.

We tried Korn's pager number, but it's disconnected. We also emailed him and asked for comment.

A man who met an Oakfield woman on a bus ride from Florida to Massachusetts and then came with her to New York entered  not guilty pleas today to 51 counts of rape for allegedly having sex with the woman's underage daughter and her underage friend.

The indictment covers another 13 more charges stemming from the alleged incidents, which investigators say occurred in November and December of 2010. Raymond E. Allard is accused of engaging with sexual acts with two girls under age 15.

The alleged incidents occurred in Oakfield, the City of Batavia and the Town of Batavia.

Allard was held without bail. Judge Robert C. Noonan said Allard presented a substantial flight risk because he has no real connections to the area, is facing serious charges with a potential lengthy prison term and has a prior criminal record.

According to Det. John Dehm, Allard's prior criminal record did not include similar sexual charges, but he did appear to target his alleged victims in this case after seemingly befriending the woman and her daughter on a bus trip. 

The case remains under investigation and there may be another victim or victims, Dehm said.

The 64-count indictment includes 51 counts of rape in the second degree and 13 counts of criminal sexual act, 2nd, for allegedly engaging in oral sex with both girls.

Outside of court, Dehm said parents should be cautious with people they have just met.

"A person might appear to be extremely friendly and polite and courteous," he says, "but you just never know what their past is all about, or what they could be up to."

A Le Roy man who got in a tussle with members of the Local Drug Enforcement Task Force in April will go through a drug treatment program before facing a possible sentence of up to four years in prison on drug and alcohol charges.

Craig A. Tiberio-Shepherd, 21, of 22 Lathrop Ave., Le Roy, entered a guilty plea today to criminal possession of a controlled substance, 4th, and assault, 3rd. He also admitted to driving drunk in August 2010.

Still in police custody for today's hearing, Tiberio-Shepherd will be released under supervision to Hope Haven for rehab.

On April 21, Tiberio-Shepherd was apprehended by members of the Local Drug Enforcement Task Force in Batavia and found in possession of at least 1/8th of a gram of cocaine. During his arrest, he wrestled with task force members. Two detectives suffered minor cuts and scrapes.

On Aug. 14, 2010, Tiberio-Shepherd was arrested and charged with felony DWI. Just five days prior to his arrest he was convicted of DWI in Le Roy Town Court.

The drug and assault charges carry a maximum four year prison sentence and the DWI charge is a one-and-a-third to three-year sentence. As part of the plea agreement, Tiberio-Shepherd could serve the sentences concurrently.

More than 2,160 National Grid customers have been without power for an hour and repair crews are unlikely to restore power before 10 p.m.

The effected area covers from just east of the city limits to Morganville and the eastern edge of Stafford down to Little Canada and East Bethany at Roanoke Road.

The outage may be related to a power line reported down and burning on Main Road, Stafford, at 8 p.m.

The Rathod family of Batavia has a new business venture -- they've taken over the Sunco gas station and West Main Mini Mart at 3845 W. Main St. Road, Batavia.

Raveen Rathod is running the store with help from his brothers, Nick (above, left) and Sunny.

On Friday and Saturday, the family will celebrate the grand opening of their new business. The draw for customers includes 5 cents off a gallon of gas (but not diesel), free slice of pizza with a $5 gas purchase along with drawings and giveaways.

The store will be open both days from 6 a.m to 10 p.m.

Remember the pink gorilla we saw wandering on Main Street on May 25? It was a marketing ploy of local entrepreneur Tim Walton.

Walton has relaunched his T-shirt and clothing business, former Topline Shirt Company, as Pink Gorilla Tees and Graphics.

The location remains 214 E. Main St. in the City of Batavia.

Joe Canzoneri has been named store manager.

Just because the new store has opened doesn't mean the mascot will be retired, Canzoneri said.

"We will continue to send the mascot to events," Canzoneri said. "It's something that we hope the community will enjoy as well. We want to have fun with what we do and Pink Gorilla is just that -- fun and creative just like our shirts"

Pink Gorilla will be open from noon to 5 p.m., Monday through Friday. 

When hair stylist Amanda Lowe, above left, managed a Super Cuts, she said, she was able to double the business of the store and that success got her to thinking -- what could I do if I struck out on my own?

After some time thinking about it, and getting experience in other salons, she recently stopped wondering and started trying.

Last month, she opened Jagged Edge Salon at 4140 Veterans Memorial Drive with her friends Dawn Williams (next to Amanda) and Alisha Foster (right) along with her sister Sarah Lowe (in between Dawn and Alisha).

Combined, the young women have 38 years experience cutting and styling hair. 

Customers are welcome to walk-in or make an appointment for highlights, lowlights, perms, styling/updos, treatments, and facial waxing.

"I like having a salon where the girls and the customers can come in and have fun," Lowe said. "I also just like the responsibility of running my own business."

The grand opening is June 18. Guests who stop in between now and then can enter to win prizes, including free haircuts for a year.

Store hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. Saturday.

A car reportedly struck a deer on Route 5 near Kelsey Road.

There are injuries reported.

East Pembroke Fire Department and Mercy EMS responding.

UPDATE 6:28 p.m.: One person was transported to UMMC by ground ambulance. Officials on scene said that a driver of another vehicle saw the deer, slowed down and the deer jumped over that car and landed on this minivan. No further information available at this time.

Batavia Police are running a special detail today targeting drivers without seat belts or talking on mobile phones.

Officers also ran the detail yesterday afternoon.

Officer Darryle Streeter said he's seeing about 95- to 98-percent compliance with the seat belt law.

Mobile phones are another matter. Of the 18 tickets written yesterday, only one was for a seat belt violation and 10 were for mobile phone use (the rest were for miscellaneous issues such as inspection or tinted glass).

At the time this picture was taken, the detail was being run on Ellicott Street.

Summer Ogden, 35, of Porter Avenue, Batavia, and Eric Michael Duda, 49, of Route 5, Stafford, are both charged criminal contempt (Summer in the 2nd degree, Duda in the 1st). Both Ogden and Duda have orders of protection in place barring them from contacting each other. The pair was arrested at 9:41 p.m., Tuesday, when they were allegedly found together.

Joseph Charles Wind, 41, of Horseshoe Lake Road, Batavia, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia and aggravated unlicensed operation, 3rd. Wind was stopped at 8:50 p.m. on Ellicott Street Road, Batavia, by Deputy Brian Thompson for allegedly driving without headlights after dusk.

I've driven on Bank Street Road dozens of times. Today, for the first time, I noticed this interestingly shaped tree.

Derek Geib, left, and Michael Highland, will officially open their new downtown bar and eatery Wednesday and have spent the past two evenings preparing by serving speciality hamburgers to a limited number of guests.

With the kinks mostly worked out during the "soft launch," the duo is excited to finally be doing business as Bourbon & Burger Co. at 9 Jackson St., Batavia.

There are about two dozen different types of hamburgers on the menu, and the restaurant is aiming to be known as the best place for a burger in the county.

The menu also includes a variety of sandwiches and appetizers, an extensive beer list plus a full bar.

Some time this summer, downtown will have another outdoor dining venue.

On Monday, the Batavia City Council approved the sale of a small downtown parcel to South Beach Restaurant owner Ken Mistler.

The 1,900-square-foot lot is adjacent the restaurant. Mistler intends to convert a portion of it to a seating area and an outdoor grill.

The lot, currently known as Kiwanis Memorial Park, will be divided so that a portion will remain green space with a six-foot-wide walkway dedicated to the Kiwanis Club. 

The purchase price is $1,000, which Mistler said is exactly the appraised value for the lot. He said in order to make the purchase, the city required him to pay for a professional appraisal, which cost $700.

"I think it's going to enhance downtown, and bring more people to downtown," said Fifth Ward Councilwoman Kathy Briggs. "I'm excited about it."

Mistler said that's exactly his goal. He hopes the new place will help promote downtown, generate more revenue for his employees and allow him to add three more staff members.

"This is for downtown," Mistler said. "Batavia is a small community and I like what goes on here."

When completed, the grill will serve customers both inside and outside the dining area. It will also be a place where people can drive to, park at the curb, and get a quick hamburger or hot dog. Walk-up customers will also be welcome.

Still undecided is what alcohol service will be available. If Mistler wants a cash bar outside, he needs to get another liquor license. Or he could knock a hole in the wall behind his current bar and service customers through a window. Or customers could buy liquor inside and bring it out to the patio.

As for the Kiwanis, Mistler said he is offering them the walkway as a place to sell bricks as a fund raiser every five years. He said he will supply the labor to lay the bricks and if the Kiwanis don't sell them, he will, and donate the money to the Kiwanis.

Thomas Joseph Mitchell, 21, of Oak Street, Batavia, is charged with criminal possession of a controlled substance (oxycodone), unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Mitchell was arrested following a traffic stop at 5:45 p.m., Thursday, on State Street Road, Batavia, by Deputy Brian Thompson.

Patrick Joseph Crawford, 17, of Bridge Road, Elba, is charged with criminal possession of a weapon, 4th. Patrick was allegedly found in possession of two firearms in his vehicle while on school grounds.

Ryan Christopher Riggi, 16, of Transit Road, Elba, is charged with criminal contempt, 1st, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. Ryan is also accused of violating an order of protection. He was jailed on $1,000 bail. No further details were released.

Robert James Caplick III, 36, of E. Main St. Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, unreasonable speed and failure to keep right. Caplick was taken into custody by Deputy Jason Saile following a report at 2:45 a.m., Thursday, of a vehicle stuck on the Norfolk Southern railroad tracks on Spring Road, Alexander.

A 6-year-old child on South Main Street fell down a flight of stairs, about 15 feet, and was unconscious but breathing when Mercy EMS arrived.

With a storm coming, a Mercy ambulance is hurrying to the airport so that the child can be taken to a hospital by Mercy Flight before a storm hits the area.

There is a 10-minute window available.

The child was reportedly reviving during transport.

UPDATE 10:07 p.m.: Mercy Flight in route to Strong Memorial Hospital.