Skip to main content

batavia

Photos: Working in the heat

By Howard B. Owens

Wednesday, I started a project about people working in the hot weather -- breaking news has gotten in the way of finishing it in the way that I planned.

I did get a chance on Wednesday to talk with David Bogue, a local UPS driver, Paul Bernardini, co-owner of Pauly's Pizza, and Jeff Wuest, owner of Excel Fence Company.

All three talked about the need to stay hydrated.

Bogue's truck doesn't have air conditioning and he's in and out of the hot weather all day, constantly moving.

"(Staying hydrated) is about all you can do in this," Bogue said.

Pauly's on Wednesday was, well, hot, like a pizza kitchen. 

"On a day like today, you wish it were December," Bernardini said. "There's not much you can do when it's 90 degrees outside. It's 100 degrees inside with the ovens going. You can walk into any place in town right now and it's going to be hot."

Bernardini said he makes sure he and his staff drink lots of fluids on hot days because there is no escaping the heat.

Wuest (above right, with Justin Finch, left) said dealing with the heat is just part of the job for him and his employees.

"We pack a cooler full of water and try to work at a steady pace," Wuest said. "We try not to over exert ourselves. We try to grab shade where we can and take breaks. Make sure to put sun block on and all that good stuff."

Photos: Concrete poured for new South Beach patio

By Howard B. Owens

The concrete has been poured for the new South Beach patio and owner Ken Mistler said the patio will be open for business in two weeks "at tops."

After the concrete was poured and hardened a bit, it needed to be watered for several hours to help it dry slower and set harder.

Below, pictures submitted by Mistler of the work in progress.

Golf cart rollover with injuries at Terry Hills

By Billie Owens

A golf cart rollover with injuries is reported at Terry Hills Golf Course, located at 5122 Clinton St. Road. Town of Batavia Fire Department is responding and Mercy EMS. It is believed the golf cart motor is still running.

UPDATE 12:06 p.m.: Mercy medics are on scene. The fire department's response is cancelled.

UPDATE 12:37 p.m.: The golf cart driver was transported to UMMC.

UPDATE 12:46 p.m.: The victim is a 48-year-old man from out of the area who suffered a possible broken arm and dislocated hip.

Car fire put out with passerby's extinguisher

By Billie Owens

A car was on fire in the parking lot of Sport of Kings restaurant, 419 W. Main St. in Batavia. The city fire department was responding but the flames were knocked down by a passerby with a fire extinguisher. The fire truck is back in service. Police are on scene.

Ghost Riders and Ghost Riders both set to perform at Jackson Square

By Daniel Crofts

It turns out there are two sets of Ghost Riders in town, and both will play at Jackson Square tomorrow night.

Batavia resident Dough Mellenthine, one of the directors of the "other" Ghost Riders, describes it as a miniature drum and bugle corps and a "brass choir." They play everything from patriotic tunes to chorales to "fun-filled, good time music" (as worded in a press release).

Formed in 1996 to compete in the Drum Corps Associates (DCA) "World Championship," which is held every year at various locations throughout the country, the Ghost Riders have distinguished themselves numerous times. They have appeared in championships for 15 consecutive years, won the New York State American Legion Crown, and, last year, won the Silver Medal and position of first runner-up at the DCA World Championship with a score of 98.0.

Mellenthine co-directs Ghost Riders along with Rod Keppel. Music is arranged by "World Drum Corps Hall of Fame" and "Buglers Hall of Fame" member Donny Allen. Group members are professional musicians whose experiences range from education to judging music competitions.

"This is not beer tent stuff," Mellenthine said. "I believe we're Batavia's best-kept secret."

Ghost Riders will perform from 8 until 8:30 p.m. at Jackson Square tomorrow night. Mellenthine said they've been practicing all year for this performance, so it ought to be good!

To learn more about Ghost Riders, visit their Facebook page.

Photo submitted by Doug Mellenthine.

Barn fire on Batavia-Elba TL Road

By Billie Owens

A barn fire is reported by the homeowner at 4103 Batavia-Elba Town Line Road. Town of Batavia Fire Department is responding along with Mercy medics.

Smoke is showing and a second alarm is called.

UPDATE 4:17 p.m.: Units are also called from Elba, Oakfield, East Pembroke, Alabama and Corfu, which is standing in at Town of Batavia's hall.

UPDATE 4:21 p.m.: The location is just west of Pekin Road.

UPDATE 4:23 p.m.: This is a working fire, fully involved. "If you got somebody, roll," says the chief. National Grid is called in.

UPDATE 4:26 p.m.: Fire police are called to shut down the roadway.

UPDATE 4:32 p.m.: The site is determined to be in Elba's fire district and Elba is in charge of command.

UPDATE 4:37 p.m.: A tanker from South Byron is called in.

UPDATE 4:44 p.m.: Tankers requested from Bergen, Stafford and Bethany.

UPDATE 4:47 p.m.: The Elba Fire Department's Ladies Auxiliary is called to provide cold refreshments for the responders. A pumper tanker and all available manpower out of Barre is requested. There's no ETA for National Grid. A tanker from Clarendon is called in.

UPDATE 4:56 p.m.: A second ambulance is called in.

UPDATE 4:59 p.m.: "The firefighters are going to need more water on the back of the building or they're going to lose the milking parlor."

UPDATE 5 p.m.: "The platform is shutting down." The chief asks for a list of all tankers at the scene.

UPDATE 5:02 p.m.: Tankers are requested from Darien, Pavilion and Corfu. A tanker out of York is called to stand by in Pavilion. It's the Post barn.

UPDATE 5:07: Every tanker is Genesee County is at the scene, with the exception of tankers from Darien, Pembroke and Indian Falls. Now those three are called in, too.

UPDATE 5:10 p.m.: A grass truck from Byron is called in. Indian Falls was already on scene. A unit from East Shelby in Orleans County is going to stand in at the Oakfield hall. Any available tanker in Livingston and Wyoming counties is requested.

UPDATE 5:23 p.m.: It is confirmed that all electrical power to the barn has been cut.

UPDATE 5:25 p.m.: The chief wants Elba Highway Department contacted to bring a load of stone to the scene.

UPDATE 5:29 p.m.: The barn is owned by Jeff Post, who is the fourth-generation family member to own it. The barn was built at the turn of the 20th Century by Leo Post. It is on a dairy farm. The barn was built around 1850. Stewart Post acquired the farm around 1890.

UPDATE 5:34 p.m.: Rescue manpower from Bergen and Albion requested to the scene.

UPDATE 5:39 p.m.: There are two barns on the property. Both are total losses.

UPDATE 5:40 p.m.: Food and beverage for 75 to 100 firefighters are requested.

UPDATE 5:42 p.m.: A third ambulance is called in, non-emergency mode.

UPDATE 6:30 p.m.: Inmates from Wyoming Correctional Facility are being assembled for transport to the scene to help out. The Salvation Army is expected to the scene in about 40 minutes, presumably to help the auxiliary provide food and beverages.

UPDATE 8:30 p.m.: Some Town of Batavia units returning. All out-of-county tankers released. In-county tankers to remain on scene.

UPDATE 10:03 p.m.: Elba command breaking down.

UPDATE 10:05 p.m.: Somebody just stole a pickup truck belonging to a fire police volunteer who was stationed at Pekin and Batavia-Elba Town Line Road. The truck, which has fire police lights on it, was last seen heading east on Batavia-Elba.

UPDATE 10:13 p.m.: The truck has been returned. "The guy thought it was his brother's truck."

UPDATE 10:26 p.m.: All units back in service.

YMCA of Genesee County names executive director

By Billie Owens

The Board of Directors of the YWCA of Genesee County has announced the appointment of Jeanne M. Walton to the position of executive director. The board along with the Selection Committee was very impressed with her enthusiasm and sincere dedication to the
mission of the YWCA.

She is a graduate of the University of Rochester and brings more than 20 years of small business management expertise to the facility. Walton has a broad-spectrum background that yields a complete understanding of the needs of the community and how to implement processes and programs to serve the community in a new and progressive fashion

Walton says she's excited to use new and innovative means to enhance the image of the YWCA while creating programs that are designed to serve women, children and businesses in the region.

“The YWCA of Genesee County has the potential to be a premier facility in this area," Walton said.  "I will work hand-in-hand with the staff, volunteers and board of directors to accomplish this in a new and fresh way.”

Walton resides in the Town of Batavia with her two children.

For more information on the YWCA of Genesee County, its mission, and community involvement opportunities, please contact the YWCA at 343-5808; email us at ywca@rochester.rr.com or visit our website www.ywcagenesee.org

Video: Staying safe in hot weather

By Howard B. Owens

In case you haven't noticed, it's hot.

The current temperature is in the mid 90s with a heat index over 100 degrees.

An excessive heat warning is in effect until 7 p.m.

For the next 10 days, at least, there is no relief from the heat in sight, unless you consider 87 degrees instead of 90 to be relief.

This morning, we did a quick video with City of Batavia Fire Chief Jim Maxwell about staying safe in hot weather.

National Night Out a big hit for Norris Avenue

By Daniel Crofts

Faith Smith, 8, cooled off with an ice cream sandwich on Norris Avenue yesterday...

...or maybe she was warming up in preparation for the donut-eating contest that came later.

Treats and games like this one kicked off the seventh annual National Night Out -- a yearly event designed to bring neighborhoods and community police together -- in Batavia. Last evening's event on Norris Avenue was the first of three "National Nights Out" this year. August will feature two more -- one at Birchwood Village, the other on Pringle Avenue.

This is a big change in the way National Night Out is done. Traditionally, it has been geared toward the community as a whole and held at public venues like Austin Park.

According to City of Batavia Youth Bureau Director Toni Funke (pictured right, with Lydia Schauf), who's in charge of National Night Out this year, there's a "different spin."

"We want to try and enhance relationships within neighborhoods," she said. "People can get out, meet their neighbors, and talk to their department heads in the city."

In other words, it has become a way to revive the lost art of the block party.

What has remained the same, however, is the goal of fostering positive community relations. City police officers, public servants and representatives of various agencies/organizations in Batavia were there to answer questions, provide information on their services, and just give everyone a good time.

Activities, attractions and goodies for kids and families included food, fingerprints, art, a balloon toss, an egg race, a K9 demonstration (courtesy of Sheriff's Deputy Brian Thompson), an ambulance, two fire trucks and more!

Members of the local "who's who" were there to greet everyone including:

City of Batavia Police Detective Rich Schauf

City Manager Jason Molino (who, upon hearing that I was on assignment for The Batavian, asked: "Where's Howard?!") 

Police Chief Randy Baker

Batavia City Council President Marianne Clattenburg

Local organizations/agencies included:

Justice for Children Advocacy Center - Coordinator Colleen Marvel collected a saliva sample from Peyton Woeller. She gave the Woellers and other families Child I.D. Kits, which parents keep handy in the unfortunate event that their children go missing.

Genesee County Youth Bureau -- There's Peyton again with his sister, Quinn, doing sand art.

City of Batavia Water Bureau

City of Batavia Fire Department

And here's folk from Target!

People also had a chance to win two prizes: a Muckdogs Family Four Pack for participating in a scavenger hunt, and a six-month membership at Next Level Fitness for filling out a survey for the city.

If you are interested in hosting National Night Out in your neighborhood next year, call Toni Funke at 345-6420.

More pics:

 

 

 

Detective Schauf gets "busted" in the K9 demonstration.

 

Sarah Adams gets to see what life is like behind the wheel of an ambulance.

Lastly, a nice local relic:

A 100-year-old wooden water main, courtesy of the City of Batavia Water Bureau.

Councilman Cox planning to move his label making company into town's new ag park

By Howard B. Owens

In business, it often comes down to location, and Bill Cox thinks he's found the perfect location to move his business -- to the new Genesee Valley Agri-Business Park.

"I have the opportunity, if all the stars align, to do a significant amount of business (in the new park)," Cox said following a Town of Batavia Planning Board meeting Tuesday evening.

The board approved a site plan for Cox to build a 5,002 sq. ft. facility on two acres of land just inside the new park.

There had been some question as to whether Cox's business, Marktec, was sufficiently agriculture related to be allowed in the park, but Cox said almost all of his customers are food processing companies.

Marktec makes the machines that encode information -- the little laser-printed use-by dates -- on food and beverage packaging.  

The Batavia city councilman currently has an office on Ellicott Street across from the Chapin plant and Oatka Milk headquarters. Moving into the town, Cox said, is going to help him convert new tenants of the agri-park into customers.

Being right in the park will give Marktec greater visibility with the food processing companies anticipated to move in. (So far, only Alpina Products has committed to building in the agri-park.)  That should translate into more sales of his high-speed label machines. It will also give food processing companies a convenient local vendor for supplies and service of existing equipment.

Chris Suozzi, VP of business development for Genesee County Economic Development Center, said Marktec fits well with the proscribed types of businesses being allowed into the ag park. The parcel Marktec will build on is also not prime real estate. While it's near Route 5, it's not right at the entrance and the location is not well suited for construction of a manufacturing facility.

Cox said he is founder, sole owner, president and chief sales person for Marktec, which has been in business for 28 years.

The company currently has four full-time and one part-time employees. With the move, Cox said he anticipates hiring another salesperson and a second full-time tech within the next three years.

Police Beat: Man accused of forcing child from a chair

By Howard B. Owens

Shawn Michael Twardowski, 28, of West Main Road, Batavia, is charged with endangering the welfare of a child. Twardowski is accused of telling an 8-year-old child to get out of a chair. When the child refused, saying she was saving the chair for her mother, Twardowski allegedly grabbed the the back of the chair and forcibly ejected the child from the chair. The child suffered a minor leg injury.

Christopher Michael Smith, 17, of Porter Avenue, Batavia, is charged with two counts criminal mischief, 3rd. Smith is accused of causing more than $250 damage to vehicles parked at 8039 Oak Orchard Road (Godwin Pumps) on Tuesday evening by spray painting the hood and sides of two different utility work trucks. Smith is also accused of stealing a vehicle from 7993 Call Parkway, Batavia (Ashley Furniture) and crashing it into a wall, causing damage to both the truck and the building. Smith was jailed on $10,000 bail.

Brian K, Dyer, 44, of 3 Dewey Ave., Batavia, is charged with felony DWI. Dyer was reportedly stopped at 9 p.m., Tuesday, on Dewey Avenue by Officer Chris Camp. Dyer reportedly has had a DWI conviction within the past 10 years. Following arraignment in Batavia City Court, Dyer was held in jail without bail.

Strong spokeswoman says, 'Batavia Police did their jobs' in notifying hospital

By Howard B. Owens

Strong emergency personnel did receive notice from Batavia Police that a 49-year-old Le Roy woman hit by a car on East Main Street last week did show signs of maybe trying to harm herself, a spokeswoman said this afternoon.

Strong's Director of Communications Teri D'Agostino called The Batavian to report that upon a deeper review of the charts for the patient, it's clear emergency room personnel received a phone call from a Batavia Police officer about the accident investigation.

Several witnesses told police that the woman appeared to have intentionally stepped in front of a car at the intersection of East Main and Elm streets.

Based on an earlier, quick review of documents, the hospital concluded staff had not been notified. We reported that finding yesterday, which contradicted statements from police supervisors.

When D'Agostino called today, she apologized several times for providing incorrect information.

"We've had further opportunity to talk with staff about this particular patient care and it's very clear that the Batavia Police did their jobs," D'Agostino said. "Our staff did know about the information that she may have intended to harm herself."

D'Agostino said the hospital is doing a thorough review now trying to understand the interaction between the patient, her family and medical staff.

"We're trying to understand how that information was used and how it was incorporated into the treatment in the emergency room," D'Agostino said.

The woman, whose name has not been released by authorities, killed herself Saturday morning, less than 48 hours after being admitted to Strong.

CEO for Alpina attends town meeting while site plan is approved

By Howard B. Owens

It's not often that the CEO of a multinational corporation drops in on a Town of Batavia Planning Board meeting, but Alpina Product's Julian Jaramillo just happened to be in town today.

Jaramillo (above, left), lives in Colombia, but as he guides his company toward its first expansion into the United States, he needs to visit the area where he hopes to soon employ more than 50 people.

He said he is very excited about the opportunity for Alpina in Western New York.

"We've gotten great support," Jaramillo said. "This is a huge opportunity. It is our future and success in this country is important to the growth of our company."

Based in Bogata, Alpina is a food processing company that specializes in dairy products.

Early reports about Alpina's expansion focused on the opportunity for the company to market its products to the growing Hispanic population in the Northeast. But Jaramillo shook his head and said no when asked if that was the marketing plan for the company's new yogurt product.

Managing Director Carlos Ramirez Zavarce (above, right) jumped in and said the company's goals go far beyond a niche market.

"To be honest, we can leverage our brand to create cash flow by selling to Hispanics, but when we did our research three years ago, we found we could have the confidence to go mainstream," Ramirez said. "Instead of fighting for small pieces of the pie by creating a niche market, we're going after a mainstream market."

The company is planning to go big in the U.S., Ramirez explained through what he called an "insurgent" strategy.

Currently, two companies, Yoplait and Dannon, control 80 percent of the yogurt market. To compete, Alpina must offer a product that is different enough from the established brands to find new customers.

To that end, Alpina hired a New York-based chef with an expertise in health and wellness recipes to come up with new yogurt products for Alpina.

It is those new products that will be made and distributed from the Batavia plant.

"They're (Yoplait and Dannon) are great, they’re big and they're awesome, but it's (all the) same stuff, same models," Ramirez said. "If you look at a company like Chobani Greek Yogurt, they started three or five years ago and they do things differently. That’s what I mean by insurgent. Insurgent is just a way of thinking. Do things differently, not just from a marketing perspective, but from the products you launch."

If the strategy is successful, Alpina sees expanding beyond just New York, Toronto and the Tri-State market, and going into the South and then nationwide.

The expansion would mean adding additional refrigerated storage to the Batavia plant.

The plant as initially constructed is expected to be 40,000 sq. ft., expandable to 120,000 sq. ft.  

The site plan was presented to the Town of Batavia Planning Board on Tuesday evening and the plan was approved by a vote of 6-0.

Alpina hopes to complete its purchase of the 10-acre parcel in the Genesee Valley Agri-Business Park by Aug. 15 and break ground immediately.

The goal is to get the structure built before winter sets in and then take care of interior construction during the cold months. If all goes according to plan, the company can start gearing up for production in May with the first product shipments in June.

Ramirez said Alpina picked Batavia (over the other finalist, Scranton) because: there is easy access to both raw product and shipment of finished product; there is a local labor pool with expertise in dairy products; the great people the company worked with at GCEDC; generous tax abatements; the close proximity to Cornell University and RIT; the two million people between Rochester and Buffalo as well as being centrally located to the markets Alpina wants to target first.

There is a great market to pursue here, Ramirez told the board.

"You see companies trying to go national at some point, but there is a narrow market we can pursue here and just concentrate on here for a few years and become profitable."

For our previous coverage of Alpina, click here.

UPDATE: WBTA's Geoff Redick produced a video about Tuesday's meeting.

Strong Memorial denies knowing woman hit by car may have intended to harm herself

By Howard B. Owens

UPDATE: Strong says upon further review, medical personnel were notified by Batavia Police.

On the night that a 49-year-old Le Roy woman stepped in front of a moving car on East Main Street, apparently on purpose, a Batavia Police officer, according supervisors, notified Strong Memorial Hospital that the woman may be a danger to herself.

Less 48 hours after the woman was struck by a late model, black Saturn, the woman was dead. The victim of a self-inflected gunshot wound.

The woman's seemingly quick discharge from Strong has raised questions in the community about what happened at the hospital while the woman was under treatment.

Federal law prohibits the hospital from discussing details of patient care, but a spokeswoman for Strong, contradicting police statements, said she doesn't believe caregivers were made aware of the woman's mental status.

"We're deeply saddened to learn of this woman's death, but do not believe that staff caring for her in our emergency department were aware that the injuries may have been intentional," said Teri D'Agostino, communications director for Strong. "We are conducting a thorough review of this patient's care."

Lt. James Henning, Batavia PD, said the investigating officer, Chris Camp, called Strong immediately after he completed taking written statements from witnesses.

The statements, Henning said, were consistent enough to believe the woman intentionally stepped in front of a moving car, so Camp placed a phone call to Strong.

"The appropriate notifications were made," Henning said.

Camp, he said, kept careful notes about whom he spoke with at Strong.

Mercy Flight/Mercy EMS personnel are also prohibited by HIPPA (Health Insurance Portability and Accountability Act) from discussing the specific case, but Vice President and CFO Margie Ferrentino explained that a medical record is created and transported with the patient and given to hospital personnel.

The record would contain any information gathered about the patient relevant to how injuries were sustained.

"The record includes any observations our medics made or statements they heard, from either the patient, police or bystanders," Ferrentino said.

If medics were told the woman may have intended to injure herself, that information would typically be contained in the written medical record transported with the patient.

Sgt. John Peck, Batavia PD, said Mercy EMS personnel were made aware at the scene, before the woman was transported, of witness statements indicating the injuries may have been intentional.

D'Agostino said the hospital has very definite guidelines about how to deal with patients that may intend to harm themselves, if staff know about the mental state of the patient.

"Strong Memorial Hospital is devoted to treating each patient’s immediate illness or injury, and we always seek to better understand how the injury occurred," said D'Agostino said as part of an ongoing e-mail interview. "Our staff are especially sensitive to the possibility of self-injurious behavior. 

"Most often, first responders, family members, and patients themselves provide clues that indicate when injuries have been deliberate or self-inflicted," she added.  "Whenever we have concerns that people might be dangerous to themselves or to others, we provide, without hesitation, a formal psychiatric evaluation."

When medical personnel become aware that a patient is a threat to him or herself, the patient can be held, under state law, for observation.

"If a patient is thought to be a danger to themselves or others, our physicians have the ability to detain patients here against their will – until they are evaluated, have received care, and our staff is comfortable that it is safe for them to leave," D'Agostino said.

However, D'Agostino also said that sometimes, patients hide or deny their intentions, which could complicate the hospital's ability to legally hold the patient for evaluation.

Both Peck and Henning agreed, and discussed how in their experience, people taken to hospitals because of suicide threats often turn right around and deny the intent or say they no longer have such an intent, leading to the patient's discharge.

In the case of the 49-year-old woman from Le Roy, D'Agostino said Strong takes seriously the sad turn of events and is reviewing its care of this patient.

'Rudy' preparing for Annual Batavia Downs Dog Races

By Howard B. Owens

Press release:

Batavia, NY -- With the Batavia Downs Casino wiener races scheduled for Aug. 28, “Rudy” a veteran of the Batavia races, begins his training.

The now 8-year-old dachshund has been one of the top competitors in the Downs' dog races. He sports a win and then back-to-back seconds over the last three years, for his owner Ron Schiller.

Jane Smart’s “Jake Arnold” has been Genesee County’s fastest dachshund. He’ll look to three-peat when the races are contested after the last harness races on Aug. 28. Post time for the harness races is 1:15 p.m. The wiener dog races, sponsored by Petco of Batavia, begin approximately 4:15 p.m. Admission and parking are free.

The wiener dog races are part of Family Fun Day at the races with all activities for the kids running from 2 until 4 p.m.

Anyone wishing to register your dachshund should call Arna Tygart at 585-343-3750, ext. 437, beginning normal business hours on July 25. The field will be limited to 64 dogs; the first 50 dogs that sign up receive doggy bags courtesy of Petco.

City youth rec programs may be cancelled Thursday due to anticipated hot weather

By Howard B. Owens

Press release:

Due to extreme weather conditions predicted for Thursday, July 21, the Batavia Summer Recreation Program (Parks Program) will possibly close for the day. The weather is predicted to be 95 to 100 degrees and humid, which makes being outdoors unsafe for people of all ages. The number one concern of the Batavia Youth Bureau and Summer Recreation staff is the safety of the program participants…therefore the Youth Bureau reserves the right to close for conditions that pose a threat to the staff and the participants.

Please tune in to WBTA AM 1490, Thursday morning, for the final decision.  Youth Bureau staff will alert WBTA of our decision by 8 a.m. on Thursday morning. Should you have further questions or concerns, please call the Youth Bureau at 345-6420.

Photo: Town of Batavia Fire Department set to pick winner in 2011 Harley raffle

By Howard B. Owens

The Town of Batavia Fire Department is gearing up for its 12th Annual Harley-Davidson Raffle.

The raffle drawing is July 30 at the fire hall on Lewiston Road. Once again, there will be great food (from Alex's Place this year), live music, a beer tent and, of course, the raffle.

The Harley this year is a 2011 Fat Boy Low. Tickets, if you can still get them, are $20 each. For information on availability, write to tbfdraffle@townofbataviafire.com or call 344-3284, ext. 12.

Besides the Harley, four tickets will be drawn for cash prizes of $500 each.

Pictured are 2nd Assistant Chief Nate Fix, front left, firefighter Josh Finn, firefighter Ben Fisher, back left, firefighter Scott Washburn and Chief Randy McIntier.

Photos: Hay bales, Bank Street Road

By Howard B. Owens

I spotted this giant field of hay bales off Bank Street Road this morning on my way to the fire in Bergen and made a mental note to return at my first opportunity to take pictures. That opportunity arrived this afternoon.

Batavia woman proclaims her innocence after meth dealing case dropped by feds

By Howard B. Owens

According to Donna McAuley, for 45 years she managed to live her life without ever getting so much as a traffic ticket, and now she has people drive past her house and yell "crack head."

McAuley was arrested July 13, 2010 and accused of being part of a methamphetamine ring that included a dealer from Le Roy now serving more than 17 years in a federal prison.

McAuley was charged, along with four others, of conspiracy with intent to distribute narcotics. She was facing a maximum sentence of 40 years and a $2 million fine.

A few weeks ago, the charges against McAuley, aka Donna L. Boon, were dismissed.  

The Batavian spent a few weeks trying to get an explanation for the dismissal from the U.S. Attorney's office in Western New York and today we managed to contact Brett Harvey, who was prosecuting the case.

Harvey said he can't discuss the specifics behind the prosecution's motion to dismiss the charges because of the ongoing investigation (two defendants in the alleged ring still face charges), but that the case was dismissed "without prejudice."

That means the federal government could refile charges against McAuley, Harvey said.

"We dropped complaint, but have we have leave to pursue additional charges if circumstances warrant," Harvey said.

McAuley's Rochester-based attorney said he doesn't think that's going to happen.

"Donna McAuley's life has been in turmoil for more than a year, including the execution of a search warrant of her home," Robert Napier said. "In the end, the government concluded it does not have sufficient legal basis in which to pursue an indictment before a grand jury. 

"My conclusion," Napier added, "is that the government did not have enough evidence to pursue any charges against Ms. Boon."

According to Napier and McAuley, no drugs were found in her home at Batavia-Oakfield Townline Road when it was searched as part of an early morning raid by local and federal law enforcement on July 13, 2010.

That day, local law enforcement and the DEA and FBI along with Bill Hochul, the U.S. Attorney for Western New York, held a press conference attended by region-wide media. They announced the arrests of McAuley along with Donald G. Vanelli, 47, of 8394 Lake St., Le Roy; David H. Cohen, 49, of 918 Goodman St., Rochester; Andrew W. Chapman, 40, of 5 Cedar St., Batavia; and Kerry A. Ball, 51, of 7202 Meadville Road, Basom.

Vanelli eventually entered a guilty plea. The former Road Agents motorcycle club president admitted to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

He was sentenced to 17 1/2 years in federal prison.

The charges against two of the three other defendants are still pending (at time of posting, we didn't have details on which two).

McAuley has admittedly mixed feelings about media coverage of her case being dismissed.

She feels vindicated -- she is adamant that she was not involved in any meth dealing and was not criminally associated with Vanelli, whom she characterized as a friend of 15 years.

She would also just like the case to go away, get her life back and not draw further public attention to her name.

And her name has drawn some attention.

It's been part of media reports every time Vanelli's case has made it through the federal court system.

It came up again when her husband, 62-year-old James Henry McAuley Jr. (aka "Mitch") was charged in a racketeering case stemming from the baseball-bat beating of a man in Rochester more than five years ago and an alleged plot to murder members of a potential rival motorcycle gang.

According to federal authorities, Mitch McAuley, who is currently confined to Elkton Federal Corrections Facility in Elkton, Ohio, on other charges, is vice president of the Rochester Hells Angels.

Donna McAuley said that even with her ties to Mitch McAuley and Donald Vanelli, she herself has never been involved in criminal activity. She has held down respectable, professional jobs for most of her adult life, she said, and she came to Genesee County 15 years ago to establish a reputation for herself as a good citizen.

The case against McAuley was apparently based entirely on wiretaps that recorded conversations between her and Vanelli. FBI agents claimed McAuley and Vanelli used a coded language to arrange for meetings to exchange drugs and/or cash. For example, there was one time when Vanelli, supposedly out of meth to sell, received a call from  McAuley.

According to the transcript, McAuley said, "I, um, what did I want last night, oh geez, I don't know, oh my friggin', I, can you stop by today and check my lawn mower? This mornin'?"

Agents took that to mean that McAuley had acquired a supply of meth.

Vanelli allegedly went to McAuley's house later that morning and when returned to his own home in Le Roy, allegedly arranged for a customer to make a buy.

McAuley said her contact and conversations with Vanelli were never about drugs. There was no coded language. Vanelli was just a longtime friend.

Robert Napier said his client is "an innocent, hard-working professional."

Authentically Local