batavia

Concerned citizens who would like to write letters to the judge handling the Baby Andrew (Cianfrini) case can do so by writing him directly at:

Judge Peter C. Buckley
P.O. Box 588
(physical address is 224 Lake St.)
Elmira, NY 14901

(FYI...his office phone number is (607) 737-2940.)

For those wishing to write to Chemung County Probation Department, which is preparing a presentencing report for the killer of the 21-month-old toddler, the address is:

Atten: Brian Dupont
RE: People v. Melissa Engelhardt
Chemung County Probation Department
203 Williams St.
Elmira, NY 14091

Engelhardt is scheduled to be sentenced by Judge Buckley at 1:30 p.m. on Monday, Dec. 6, in Elmira.

Robert J. Probst, 30, of 301 Oak St., Batavia, is charged with coercion, 2nd, and obstructing government administration, 2nd. Probst was reportedly involved in a domestic incident at Days Inn at 4:48 p.m., Wednesday. During the incident, a victim reportedly locked him or herself in a car. Probst allegedly displayed a knife and threatened to damage the car if it was not unlocked. When police responded, Probst allegedly fled on foot and was caught minutes later (perhaps in the area of Bob Evans restaurant). Probst was jailed on $2,500 bail.

Joshua A. Harris, 21, is charged with criminal contempt, 2nd. Harris was allegedly on the property of a protected person. Police located Harris a short distance away and took him into custody. Harris was also wanted on a warrant out of Batavia City Court for a previous alleged incident of criminal contempt. He was jailed on $1,500 bail.

We just received this e-mail that I thought worth sharing:

I kept it to myself for many years that I was a Vietnam Veteran. When I went to 2 Pow Wow's with my Native American girlfriend last year in Florida, as we are snowbirds, I was delighted to be a veteran, as the Native Americans really treat the veterans with great respect.

On Thursday 11, Nov. 2010, I took my turn standing guard at the monument in Batavia. Never in my life did I expect the glory I received that day. It really made me proud to be a veteran again. People I never met came up to me with coffee, water, and snacks. The people that waved to me in cars, trucks, and semis overwhelmed me.

Then people would roll down their windows to thank me for being a Vietnam Vet. I know people have said this many times, that we did not get the welcome home we deserved due to our country being divided in turmoil. I now know what great meaning it is to be a veteran of the United States.

Being in such a great mood while eating supper in The Vets Club in Brockport, there was this young lad that kept admiring my boonie hat. Well after eating and getting ready to leave, I took off my hat pins and gave that boy my hat. I knew I had to do this in return for all the thanks I received from the Batavia residents. Then when talking to this boy's father and grandmother, I found out he was up here from North Carolina waiting for his grandfather's ashes to be sent up here so they could have a funeral. His grandfather was also a vet.

So now, I do not hang my head in shame for being a Vietnam Veteran, but walk with it high in the air. I bleed with all my fellow vets. If you do not belong to either a VFW, an American Legion, or some sort of vets club, do please come out of your shell and join one now. It is very good therapy as I found out. Again, I want to thank the community of Batavia for the great thank yous and waves you gave me on Thursday 11, November 2010.

Bob Polle
(U.S. Navy Retired)
Vietnam Veterans of America Chapter 193

There's a really interesting, twisted, gnarly old tree at the end of South Jackson Street by the railroad tracks. I dropped by there yesterday looking for a photograph.

An unknown type fire has been reported in the woods off Wilkinson Road near Route 33, Batavia.

A first responder reports that "it's a pretty good size fire."

East Pembroke Fire is responding.

Area veterans gathered in Batavia today to honor the men and women who serve or have served in the United States military.

There were ceremonies at the VA Center, the Upton Monument and the Jerome Center.

More pictures after the jump:

(Reprints of these and more pictures from today are available by clicking here.)

The intersection of Bank and North was pretty tied up this morning as construction workers were busy ripping out asphalt. Meanwhile, there was freshly laid concrete for new sidewalks along Bank Street.

A 16-year-old from Oakfield is charged with harassment, 2nd, and aggravated harassment, 2nd. The youth is accused of sending threatening text messages to another student and then issuing a threat in-person to the other student.

Richard Dean McKague, 20, of Colorado Avenue, is charged with petit larceny. McKague is accused of attempting to leave Kmart with merchandise he did not purchase.

Janet L. Grossman, 43, of Clipnock Road, Stafford, is charged with unlawful possession of marijuana. The marijuana was allegedly found during a probation search of her home.

Last week the attorney for Justin Amend, who previously admitted to a sex act in Farrall Park, said the former Oakfield resident was too embarrassed by his notoriety to even walk into Tops Market.

Yesterday, he was apparently too embarrassed to even show up in city court.

Today, Amend is a wanted man. (Source: Buffalo News)

Amend reportedly failed to appear in court Wednesday and a warrant was issued for his arrest.

Last week, Judge Robert Balbick informed Amend that because the 29-year-old former Oakfield resident moved to Florida, the option of a no-jail sentence had been eliminated.

As part of a plea bargain, Amend pled guilty to public lewdness, a Class B misdemeanor, in exchange for a promise of no jail time.

But Florida is unlikely to accept supervision of a probation case, attorneys said, for a misdemeanor violation.

Balbick gave Amend's attorney, Tom Williams, a week to explore weekend jail options and make his own inquiries with Florida about probation.

A growing number of people in Genesee County have a message for Chemung County Judge Peter C. Buckley: Do right by Baby Andrew.

They already think Buckley has served justice poorly by not finding Andrew Cianfrini's killer -- his own stepmother, 24-year-old Melissa Engelhardt -- guilty of murder. Instead, Buckley found Engelhardt guilty of only manslaughter in a non-jury trial where Buckley was the sole fact-finder in the case.

More than 1,200 people have joined a Facebook group, Justice for Baby Andrew, and about 100 of them gathered Wednesday evening for a candlelight vigil at St. Joseph's Mausoleum, where Baby Andrew was laid to rest.

The vigil came on the one-year anniversary of Andrew's death and 26 days before Engelhardt is scheduled to be sentenced in Elmira.

"Today is a day to honor Andrew," said Kathy Dempski, a friend of Andrew's biological mother, Kristen. "But it's also a day to let the judge know about the injustice he gave to Andrew."

She later added, "She (Engelhardt) deserves to spend the rest of her life in prison. She doesn't deserve to walk out. She doesn't deserve anything."

Andrew's grandfather, John Cianfrini, pointed out that since Engelhardt was only convicted of manslaughter, the maximum penalty she faces is 25 years. She could receive as little as five years and then be eligible for parole after serving only two-thirds of that time. 

"You would have had to be there to appreciate what a devastating decision this was," Cianfrini said. "He (the judge) basically believed her story that she didn't intend to kill Andrew, only hurt him."

An expert toxicologist testified at trial that the 21-month-old toddler had twice the lethal amount of formic acid in his heart from the methanol in his system.

Methanol lowers the freezing point of water. It is a component of windshield-washer fluid.

Englehardt put the methanol in Andrew's sippy cup. Prior to poisoning Andrew, according to testimony, Englehardt did a computer search on how to poison a toddler.

John Cianfrini encouraged concerned residents to write letters to the probation department in Chemung County, which is in the midst of preparing a pre-sentence report that Buckley will review prior to imposing a sentence.

Englehardt is scheduled to be sentenced Dec. 6.

A car-into-tree accident is reported on Vine Street in the City of Batavia. Unknown injuries. The vehicle is now unoccupied.

Batavia Fire Department and police are responding.

Two men who reportedly ran from Walmart yesterday afternoon allegedly carrying hundreds of dollars of stolen merchandise were quickly tracked down by law enforcement.

The first suspect was taken into custody in the Kmart parking lot by Batavia Police Officer Chris Camp, who spotted the second suspect running across Lewiston Road and in between the Town of Batavia Fire Hall and Baker's Frontier Kitchens.

Deputies Chad Minuto and Timothy Wescott jumped a fence behind Baker's and pursued the suspect down Colonial Boulevard.

A citizen was able to help locate the suspect after seeing him run into the back yard of a residence on Colonial.

Wescott suffered some minor cuts going over the fence, was checked at UMMC later, and is fine, according to Chief Deputy Gordon Dibble.

Taken into custody were Phillip William Czaja, 27, of Drake Street, Oakfield, and Jarell JT Jones, 22, of Lewis Place, Batavia. Both were charged with petit larceny.

Jones was also wanted on an arrest warrant out of Genesee County Family Court. Following an arraignment in front of Judge Adams, he was committed to Genesee County Jail for six months.

Jones allegedly stole $179.88 in merchandise from Walmart. Czaja was allegedly found in possession of $256.76 in stolen merchandise.

Czaja was jailed on $200 bail.

(initial report)

Douglas Grant Goodwin Jr., 19, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Goodwin was stopped at 1:30 p.m., Monday, on Sheppard Road, Batavia, for allegedly pulling a trailer without registration or lights by Deputy Brian Thompson. During the stop, Goodwin was allegedly found in possession of marijuana, hydrocodone pills and a double-edged dagger. K-9 "Jay" participated in the investigation.

Gregory Louis Lepsch Jr., 18, of Batavia-Elba Townline Road, Batavia, is charged with unlawful possession of marijuana. Lepsch was apparently with Goodwin at the time of the traffic stop at 1:30 p.m., Monday, on Sheppard Road, by Deputy Brian Thompson and K-9 "Jay."

Thomas A. Rebar, 55, of Albion, is charged with unlawful possession of marijuana. Rebar was arrested at 1:10 p.m., Saturday, by State Police, on East Shelby Road, Alabama.

A 16-year-old from Bethany, is charged with menacing, 2nd, using a weapon. The youth was arrested by State Police at 9:15 a.m., Sunday, for an alleged incident in Alexander. No further details were released.

Joshua H. King, 25, of Batavia, is charged with grand larceny, 4th (credit card). King was arrested by State Police at 3:16 p.m., Nov. 5, for an alleged incident two days earlier in the Town of Murray. King was held without bail. No further details were released.

Walter L. Knickerbocker, 53, of Pavilion, is charged with possession of a loaded firearm in a motor vehicle, criminal possession of a controlled substance, 7t, and unlawful possession of marijuana. Knickerbocker was arrested by State Police at 9:36 p.m., Nov. 5, on Route 19, Le Roy. No further details were released.

A car accident in the area of 189 South Main St., Batavia, has left one vehicle smoking.

Traffic is not blocked and there are no injuries.

City Fire is responding.

UPDATE 10:02 a.m.: Police on scene reports there just seems to be spilled radiator fluid.

Business owners and people with jobs that leave them only limited time for lunch are the target audience for South Beach Restaurant's noon-time buffet, according to owner Ken Mistler.

Mistler launched the buffet a month ago.

"People on lunch hour need to get in and get out and eat at their own pace," Mistler said.

The buffet allows people to come in, place their drink order and immediately serve themselves -- no waiting for a meal to be prepared and multiple courses to be served.

The food is all freshly made each day, Mistler said. Nothing is frozen.

And the available entrees also change each day, based on what's available at the market.

Already there've been days featuring meatloaf, steak, fish, chicken, pork, ribs and all kinds of pasta dishes.

"We want people to get a good, wholesome meal and still be in out quickly if that's what they need," Mistler said.

The buffet includes a full salad bar -- at least 24 items each day -- and fresh, homemade soup.

"We have a new soup recipe every day," Mistler said.

The desserts are also fresh and made from scratch, according to Mistler.

The buffet is open from 11 a.m. to 2 p.m. and the cost is only $10 (drinks sold separately), though it is not "all you can eat."

Recent indictments from the Genesee County Grand Jury:

Donald F. Stillwagon II, is charged with assault, 2nd. Stillwagon is accused of assaulting a police officer with the intent of preventing him from performing his lawful duties. The alleged incident occurred on Sept. 29. (Initial Report)

Adam B. Thomas is charged with misdemeanor DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Thomas is accused of driving a 1998 Dodge on Prole Road in Stafford on June 13 while intoxicated.

Sath P. Dhanda is charged with two counts of criminal contempt, 1st. Dhanda is accused of physically attacking a woman for which there was an order of protection in place and putting her in fear for her life. The alleged incident occurred on Sept. 24.

James D. Henry is charged with attempted grand larceny, 3rd, and criminal possession of a forged instrument, 3rd. Henry is accused of attempting to steal something of greater value than  $3,000 on Sept. 28 in the Town of Le Roy. He is also accused of possessing forged prescriptions.

Jason A. Armstrong is charged with assault, 2nd, and criminal contempt, 2nd. Armstrong is accused of causing serious physical injury, with intent to do so, to another person in Stafford on June 27. Armstong is also accused of being in the presence of another person he was ordered by a court not to be around.

At about 3:40 p.m., dispatch received a report of two men in heavy coats supposedly weighted down with stolen merchandise were seen running for Kmart on Lewiston Road.

One man was quickly apprehended by Batavia Police in the Kmart parking lot.

The second man ran across Lewiston, past the Town of Batavia Fire Hall and onto Colonial Boulevard, where a citizen reportedly spotted him hiding in a back yard.

Sheriff's Deputies were then able to apprehend the suspect. 

More details as they become available.

The Batavia City Council continued to haggle over whether to sell Falleti Ice Arena at its Monday meeting.

At least four members are clearly in the "sell" camp -- Rose Mary Christian, Bill Cox, Bob Bialkowski and Sam Barone.

The others are more leary of surrendering an asset to a private entity that could do absolutely anything with it.

I don’t think anybody here is saying they want the ice arena to go away," Cox said. "Just because it's privatized doesn’t mean it we won’t have it anymore."

To which Frank Ferrando pointed out that once it's sold, the city won't have any say what a private owner might do with it.

Cox's position was that a private company already runs it without city control, and Ferrando countered that as long as the city owns it, a management company can always be replaced if it isn't getting the job done the way the city wants it done.

And so it goes -- the pros and cons of selling Falleti Ice Arena.

In the end, the council decided to continue the discussion at a future conference meeting.

At issue on Monday was whether to spend up to $5,000 on an appraisal, which City Manager Jason Molino said would be the first step toward finding a buyer.

Barone wondered why the price was so high and asked whether the city's own appraiser or a local real estate agent could provide an appraisal.

Molino explained that only a licensed appraiser with experience in commercial property could provide an appraisal that could legally be used in establishing fair-market value.

Ferrando and Councilman Tim Buckley objected to spending money on an appraisal.

"I’d like to know what it’s worth, but I’m not sure I want to spend $5,000 right now," said Ferrando. "We keep dipping into the reserve fund and pretty soon we’re not going to have a reserve."

Buckley said he isn't even sure it's legal for the city to sell Falleti since a federal grant, secured by the late Rep. Barber Conable, paid for its construction. 

Buckley wanted to table the matter, but Bialkowski objected to any further delays since the current management contract is coming up for renewal.

One city resident spoke during public comments about the proposed sale.

"I would ask those council members who feel that (the city shouldn't be in the ice arena business) -- should we be in the parks business, or the water spray park business, or the baseball stadium business? " asked Dave Meyer (pictured).

"Frankly, I personally believe that Dwyer Stadium is a much better example of public money wasted, but no one ever talks about reducing support for that facility or selling it. Why?

"Because whether I agree with public support for that or not, I know that there are many people who enjoy going to a game on a summer night and I also know that Dwyer Stadium, and the ice arena and Austin Park and Lions Park and all of the other parks are part of the recreational fabric of our city and they add to the quality of life here."

Consolidation of the town and the city took another incremental step forward Monday night as the Batavia City Council passed a resolution to form a committee to select a committee.

Three council members are being tasked with the job of finding residents to serve on the Consolidation Charter Task Force.

The task force will be asked to write a new charter for the proposed merged municipality.

Voters in both jurisdictions would then be asked in 2012 to vote for or against the charter.

Representing the city would be Marianne Clattenburg, Tim Buckley and Frank Ferrando.

The town will also appoint three representatives to review potential members of the charter task force.

The elected officials will not actually be involved in the charter task force.

Councilman Bob Bialkowski objected to taking this next step toward consolidation.

He said consolidation efforts in other communities have really turned into civil wars.

"It’s turning neighbor against neighbor, relative against relative," Bialkowski said. "It removes a lot of local control and it doesn’t solve the problem.

"I hate to see community torn apart," he added, "The majority of the people in the town are going to vote against it anyway."

Submitted by Eric Geitner:

The Notre Dame girls cross country team claimed the Class D title on Saturday at the Section V Cross Country Championships at GCC. The girls team last won in 2006 and it is the sixth title for the girls program (1997, 2001, 2002, 2003, 2006). Eighth grader Anna Warner led the Irish with a second place finish covering the course in 20:44. Her performance also qualified her to represent Section V at the New York State Cross Country Champioships in Pawling next weekend.

The top ten in each class receive sectional patches and ND had five finishers in that top ten. Freshman Bailee Welker placed 5th in 21:23, Junior Meghan Zickl 7th in 21:36, Eighth Grader Rosemary Flumerfeldt 8th in 21:51, and Senior Kristen Antolos was 9th in 22:14. Also racing for ND was Sophomore Madison Gluck finishing 18th in 24:03 and Eighth Grader Janelle Fancher placing 34th in 25:54.

The boys team was moved up to Class C this year due to winning too many titles in Class D and finished fifth in Class C. Sophomore Jeffrey Antolos paced the Irish placing 5th in 17:18. His performance qualified him for the New York State Cross Country Championships next weekend. Junior Andrew Fischer finished 18th in 18:11, followed by Sophomore Arron Carlson 24th in 18:24. Senior Nick Flumerfeldt finished 30th in 18:46 and Junior Luke Calla 39th in 19:01 to round out the scoring for ND. Junior Matt Sausner placed 51st in 19:30 and Senior Tyler Pingrey 58th in 19:50 were the other racers for the Irish.

Photos submitted by Bare Antolos.

Top photo: 8th grader Anna Warner, 8th grader Janelle Fancher, 10th grader Madison Gluck, 8th grader Rosemary Flumerfeldt, 9th grader Bailee Welker, 12th grader Kristen Antolos, 11th grader Meghan Zickl

Inset: Notre Dame 8th grade XC runner Anna Warner finishes her Section V Class D 2nd place finish to earn a spot in the state championships next weekend in Pawling, NY

In his first season running Cross-Country, Notre Dame sophomore Jeffrey Antolos completes his state qualifying run in a personal best 17:17:46 to earn a trip to the state cross-country championships to be held next Saturday in Pawling, NY.