batavia

Samuel G. Malone turned from the defense table after Judge Robert C. Noonan finished with him and smiled.

He looked out into the gallery as he strode from that moment where his entire future hung in the balance and spotted his wife and baby and the smile grew wider.

The convicted burglar will remain a free man, at least as free as a man can be while on four years probation.

In that moment, he heard something few convicted criminals ever hear: Praise from an often stern judge with little patience for defendants who don't keep their promises.

Malone kept his promises. He's stayed clean. He's lived sober. He's kept a job. He's worked hard. He's walked the line as a husband and father.

"I'm truly sorry for what I did," Malone had told Noonan. "I am. I have really turned around my life, 100 percent, in every aspect of it. I'm a hard worker. I work 50 to 60 hours a week. I love my children and I love my wife."

Malone hit the front pages in April 2013 in a rather notorious way.

In December 2012, a grand jury indicted a DNA profile as a "John Doe" because the statute of limitations was about to expire on the crime. Even without a name, based on that unique DNA profile, the suspect for those burglaries of local businesses could still be charged.

Five months later, after Malone had been convicted on an unrelated felony, and a DNA sample was collected, as required by law, Malone was identified as that "John Doe."

In August, 2013, Malone entered a guilty plea to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Rather than sentence Malone to prison in November, Noonan heeded the advice of the probation departments in Alleghany County (where Malone now lives) and Genesee County. Both probation departments reported that Malone was doing well, staying clean and out of trouble, and leading a new life.

So Noonan put Malone on interim probation for six months.

The judge admitted he was pleasantly surprised at how things worked out.

His own handwritten note from Nov. 12, Noonan said, told him that he thought for sure he would be sending Malone to prison today. The note said, Noonan told Malone, that even a perfect performance while on interim probation wouldn't necessarily keep Malone out of state lock up.

"It's amazing, the turn around you've done," Noonan said. "Even the probation department --certainly no push over on recommendations -- says it would be a step backwards for you to give you any incarceration at this time because you're doing so well."

Noonan's decision to put Malone on probation ran counter to the recommendation of District Attorney Lawrence Friedman, who questioned whether a community-based sentence was appropriate given the severity of the charges.

"I've read the recommendations and he's doing in fact apparently well, and he's done everything, other than driving without a license, that he's supposed to do," Friedman said, "but I'm troubled by the number of serious crimes this defendant committed."

Public Defender Jerry Ader acknowledged that Malone was convicted of a series of serious crimes, but also pointed to how well Malone has done both on probation for his original conviction and the interim probation granted by Noonan.

"He's proven himself almost more than any other client I can remember coming through our office," Ader said. "He has turned his life around. He will be an asset to the community, to his family and to his children."

Noonan reminded Malone that if nothing else, for the next four years, the 28-year-old father will have a lengthy prison term awaiting him if he strays from the path of law-abiding citizen.

"You will have 18 years of prison hanging over your head for any violation of the law while on probation," Noonan said. "That should be sufficient incentive to keep you on the straight and narrow, though you seem to have found your own incentive through your work and family."

Cordyn C. Mack, 25, of Wood Street, Batavia, is charged with unlawful imprisonment, 2nd, endangering the welfare of a child, and second-degree harassment. On Oct. 8, Mack was involved in a domestic disturbance that was physical with a female who resides with him. Mack allegedly refused to allow the victim to leave the residence with her infant, and then struck the victim in the face with an open hand while she still had her child in her arms. Mack was arraigned in city court and released under supervision of Genesee Justice. The incident was investigated by Batavia Police officer Frank Klimjack, assisted by officer Mitchell Cowen.

Delwin D. Robinson, 33, of Lake Road, Pavilion, was arrested on Oct. 8, 2014 by the Le Roy Police Department and charged with unlawful possession of marijuana. Robinson was a passenger in a vehicle which was stopped for alleged vehicle and traffic violations. After a brief investigation, Robinson was allegedly found in possession of marijuana. Robinson was issued an appearance ticket and is scheduled to appear in the Le Roy Town Court on Nov. 17.

Police are investigating break-ins into four local business, though only one business owner reported missing property.

Salvania's Restaurant, on Jackson Street, had its cash register tipped and money was stolen, said Sgt. Det. Todd Crossett.  

There's apparently nothing missing from Anything Your Heart Desired on East Main Street, Golden Coin Laundry, East Main Street, and Sterling Tent, on Pearl Street, Crossett said.

There are few leads in the case at the moment, Crossett said. 

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

A two-car accident, unknown injuries, is reported at Center Street and East Main Street, Batavia.

City fire and Mercy EMS responding.

Fox'r is ready to go home. Whose home, we don't know yet, but it won't be the home of Nina Kelso.

In City Court today, Kelso finally surrendered ownership of the boxer, who has been living at the Animal Shelter since being found on death's doorstep at Kelso's former residence on Hutchins Street more than nine months ago.

He can now be adopted into a forever home by a local resident.

While Fox'r has put on weight -- he's up to 84 pounds -- and regained his strength, he's also been fidgety and nervous while confined most hours of the day to a cage at the shelter. He likes people and wants to be around people, volunteers say.

The volunteers at the shelter have taken to calling him "Skully" and "Boyfriend" and they've been eager to see Kelso's court case completed so he could find a new home.

Concern for the dog is one reason the District Attorney's Office agreed to a plea bargain in the case, ADA Robert Zickl told Judge Robert Balbick in City Court today.

"There's no reason for the animal to continue being confined to the shelter," Zickl said. "It should be adopted out and that is what we prefer to do because it's in the best interest of the dog." 

Kelso entered a guilty plea on an Alford basis to one count of torturing an animal.

An Alford plea means she concedes she would likely be found guilty by a jury, but does not admit to the facts of the prosecution's case against her.

Today's proceedings started with Kelso's attorney, Fares Rumi, laying out his understanding of the plea agreement offered by the people.

The agreement was a guilty plea to torturing an animal, no fees for his care up at the shelter and no jail time.

Balbick shot back that he wouldn't necessarily agree to the terms at sentencing.

"I would have to look at her background, a pre-sentence investigation, the facts of the situation and decided if no jail would serve appropriate justice," Balbick said. "I can't do that blindly. I know nothing about your client except that she is charged with torturing an animal."

Looks of shock and horror passed over Kelso's face, who sat at the defense table in a black blouse fiddling with a long silver chain draped around her neck. She appeared close to tears.

After some whispers between her and Rumi, some more back and forth between Rumi and Balbick, Balbick suggested the attorneys proceed with the planned suppression hearing.

Rumi had made a motion to get thrown out any statements Kelso made to Officer Jamie Givens the day she responded to an animal cruelty complaint at 142 Hutchins St. on Feb. 4.

Givens found Fox'r at the top of a common stairwell (shared by two apartments). Food was strewn everywhere, there was no water, and it didn't appear that Fox'r even had the strength to raise his head, Givens testified.

He was so emaciated his ribs were showing.

Minutes after Givens arrived on scene, Kelso came up and walked up the stairs and spoke with Givens.

Rumi argued that Kelso should have been read her rights before speaking with Givens. An argument Balbick would later reject saying that Kelso wasn't in custody at the time and her statements were voluntary. 

Kelso told Givens, Givens said, that Fox'r had eaten either cigarettes or some chemical that made him sick and cause sudden weight loss. Kelso reportedly said she knew Fox'r was close to death and that her brother-in-law was supposed to pick him up the next day and take him some place and shoot him to death.

Through the entirety of Givens testimony, Kelso sat silently shaking her head "no."

After the testimony, both attorneys met with Balbick privately.

When they came back into the courtroom, Rumi met with Kelso privately. They all then approached the bench and Rumi said Kelso had agreed to the terms.

Balbick again emphasized that he retains the option to reject her guilty plea when she comes in for sentencing Jan. 6.

Through tears, Kelso said she understood.

As the details of her guilty plea and the process were discussed, Kelso stood next to her attorney nearly sobbing, but mostly holding it together.

When Balbick asked her if she was ready to surrender the dog, Kelso could barely form the word "yes" with her mouth, started to sob briefly and looked straight up at the ceiling.

Seconds passed, and she managed to sob, "yes."

An animal control officer at the back of the courtroom began preparing the paperwork.

The animal shelter is located at 3841 W. Main Street Road, Batavia. Phone: (585) 343-6410. Applications for adoption are being accepted immediately.  

Around the time of Kelso's arrest, another Batavia woman, Lauren K. Pellegrino, also also arrested for allegedly mistreating her dog, Nessa. Pellegrino was scheduled to appear on her case at 1:30 p.m., and as of 4 p.m., she had yet to show up in City Court. She missed a previous court appearance, as well, and eventually turned herself in on a warrant, according to court officials. The court was attempting to contact her attorney this afternoon. Nessa remains confined to the shelter.

CORRECTION: we originally wrote "no fine." Kelso could be fined up to $1,000. The plea relieves her of responsibility for shelter fees. However when Balbick informed her she could be fined Kelso said she had been willing to pay for Fox'r's care.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with criminal possession of a forged instrument, 2nd. Sigl allegedly forged a check Sept. 4 from another person's account and used it to make a purchase at a local retail store for $277.54. Sigl is already incarcerated at the Genesee County Jail  on five counts of criminal possession of a forged instrument was arraigned on the new charge and ordered held on $10,000 cash bail. 

Dylan B. Boykins, 41, of Pringle Avenue, Batavia, is charged with attempted petit larceny. Boykins allegedly tried to steal merchandise from Dollar General.

Justin J. Koepp, 32, of East Main Road, Batavia, is charged with unlawful possession of marijuana. Koepp was charged following an investigation into a reported domestic incident.

Eric John Davis, 36, of Read Road, Corfu, is charged with criminal contempt, 2nd. Davis allegedly violated an order of protection.

Tickets are available to purchase at the following Batavia locations between Monday – Friday 8 a.m. to 4 p.m. at the Jerome Center Gift Shop, 16 Bank St., and UMMC Cashier’s Office, 127 North St..

Aaron Lee Klein, 43, of Harvester Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, possession of a hypodermic instrument, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. A plain clothes police officer observed Klein allegedly selling marijuana and heroin to another person at 3:09 p.m. Oct. 1 on Dellinger Avenue, Batavia.

James Albert Hancock, 45, of East Main Street, Batavia, is charged with possession of a hypodermic instrument, criminal possession of a controlled substance and unlawful possession of marijuana. A plain clothes police officer observed Hancock allegedly make a purchase of marijuana and heroin from another person at 3:09 a.m. Wednesday on Dellinger Avenue, Batavia.

Robert J. Propst, 34, of Maple Street, Batavia, is charged with first-degree robbery, grand larceny 4th, criminal possession of a weapon and menacing, 2nd. Propst is accused of displaying a knife at 10:27 p.m. Aug. 6 while on Pearl Street, Batavia, and demanding the wallet of another person. Propst was jailed without bail.

Christopher Alexander John Davenport, 26, of Bennett Hill Road, Groveland, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and no plate lamp. Davenport was stopped at 1:41 a.m. Saturday on Clinton Street Road, Batavia, by Deputy Joseph Corona.

Shannon Lee Atonetty, 38, of Maple Street, Batavia, is charged with burglary, 2nd. Antonetty allegedly forced his way into a residence in Bethany and stole money and a receipt from a wallet. The homeowners found Atonetty lying on the kitchen floor in an intoxicated condition and detained him until law enforcement arrived. Attonetty was jailed on $25,000 bail.

Johnny Lee Shannon, 56, of Creek Road, Batavia, is charged with menacing, 2nd. Shannon allegedly threatened another person with a knife at his residence at 9:30 p.m. Saturday.

Paul Michael Gelardo, 29, of Fargo Road, Stafford, was arrested on warrants for alleged identify theft, 3rd, and petit larceny. Gelardo was a passenger in a vehicle stopped by Deputy John Baiocco, who recognized Gelardo as a warrant suspect. Gelardo was jailed on $500 bail.

Anthony Gene Stone, 25, of Delmar Road, Rochester, was arrested on a warrant for alleged disorderly conduct. Stone was arrested following his release from Monroe County Jail, where he was held on an unrelated matter. Stone was arraigned in Darien Town Court and jailed on $100 bail.

Alton W. Bethel, 53, of Union Street, Batavia, is charged with criminal mischief, grand larceny, 4th, and endangering the welfare of a child. Bethel was arrested following an investigation into a domestic incident reported at 11:38 p.m. Friday on Bank Street. No further details released.

Katherin A. O'Brien, 21, of Roanoke Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, criminal possession of a controlled substance, 7th, and controlled substance not in origianl container. O'Brien was stopped at 12:14 a.m. Sept. 24 on West Main Street, Batavia, by officer Matthew Wojtaszczyk.

A 16-year-old resident of Holland Avenue is charged with harassment, 2nd, and disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School and allegedly struck a staff member trying to break up the fight.

A 17-year-old resident of Holland Avenue, Batavia, is charged with disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School.

Reginal C. Sampson Sr., 48, of Webster Avenue, Rochester, is charged with harassment, 2nd. Sampson was charged following a fight with another person reported at 6 p.m. Wednesday at a residence on Hall Street, Batavia. Also charged with harassment, 2nd, was Leonard A. Johnson, 21, of Hall Street, Batavia.

Nathen Edward Donald Brege, 22, of Morrow Road, Pavilion, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the City of Batavia. Brege posted bail and was released.

A 16-year-old from Le Roy is charged with harassment, 2nd. The youth was arrested by State Police related to an incident reported at 3:30 p.m., Friday. No further details released.

Whenever I drive by it, I like the look of this tree out in a cornfield, east of Route 98, just before you get to Batavia Elba Townline Road. This evening, I stopped for a picture.

Once a little rain passed through and the sun came out, it was a beautiful Saturday evening for a wine walk in Downtown Batavia.

To purchase prints, click here.

Another little free library has popped up in our community. This one outside T-Shirts Etc. on Main Street, Batavia.

If you have or set up a little free library, e-mail a photo to howard@thebatavian.com.

Previously: Little free library blooms on Washington and Lewis, Batavia

This is where teams fold. Down 7-0 after a 90-yard unmolested half-back sprint down the near sideline, after a fumble and two interceptions, including one when your 60-yard offensive drive has taken you to the vestibule of the end zone, only to see the ball fall into the hands of a defensive back.

That's when the enemy scores. That's when you're down 7-0 deep into the third quarter on a night when all previous offensive drives failed to produce points.

Perhaps, it just isn't your night.

After all, you're a team that hasn't gotten to four wins in a season in more than a decade.

It could be fate, a jinx or just the way it's supposed to be.

Except, you don't believe it. Not for a moment.

"I don't think we ever really skipped a beat," said Dom Mogavero, junior running back and line backer. "We went out there thinking we're going to win this football game. We never really lost our composure. We just kept fighting because we knew we could break that scoreboard eventually."

Everything went from going bad to going good on one play.

Before the play, Geneva recovered a fumble on Batavia's 40 and was moving toward the goal line once again when Panthers QB Alex Joll handed the ball to running back Mark Suchewski on a sweep.

There's nobody Joll would rather give the ball to than Mark Suchewski, who came into the game approaching 1,000 yards on the ground for the season and twice led his team with four-touchdown performances.

As Suchewski sprinted left and searched for a corner to turn, Batavia's James Cryer stayed with him step-for-step, catching him near the hash marks and stripping the ball.

Mogavero pounced on that precious gem of a ball just before it rolled out of bounds. The Blue Devils' bench exploded.

"The momentum shift was huge," Head Coach Brennan Briggs said. "I sensed it right there. It could have gone either way. If they punch it in, now you've really got to dig yourself out of a hole pretty late in the game. When we got that ball I heard one of the kids on our team say, 'now it's our time. We're going to win this game coach.' "

The Blue Devils didn't score on that drive, but the defense came up with a big stop on Geneva's next possession.

Anthony Gallo returned a punt deep into Panthers territory to once again put the Blue Devils on the doorstep of six points.

Taking a path similar to Suchewski's minutes before, QB Greg Mruczek found that corner to turn and with a Panther's defensive back closing in fast, dove for the pylon, giving the Blue Devils their first points on the night early in the 4th quarter.

In a bold move, Briggs called for a two-point conversion and on a spread offense Mogavero just barely nosed the ball over the goal line.

From there, it was ball control and a good game plan for the Blue Devils.

From watching film, Briggs said the coaches knew if they could spread Geneva's defense with receivers on the outside, it would open some up holes in the middle.

Wind gusts made passing a little more treacherous. Mruczek completed only six of his 19 tosses (for 85 yards), and twice balls intended for wideouts wound up in the hands of corner backs, but Briggs stuck with the game plan.

"Greg was struggling a little bit early on getting the ball out there, so even though it was there, we couldn't take advantage of it," Briggs said. "Eventually, they saw 'OK that's what they're trying to do', and eventually they're going to connect on it, so they widened out and we started going to one-back running with Dom and quarterback keepers."

Mogavero rushed for 110 yards on 23 carries.

"I give a lot of credit to our coaches," Mosgavero said. "We came in with a great game plan."

Stopping Suchewski was a big part of that game plan.

The plan was to stack the box, stop the run and let a strong-armed Joll, a fearless pocket passer, heave the ball down field as often as he liked.

"We went into the game saying we're going to gamble with the pass and we're going to shut down their run," Briggs said. "We're going to commit to stopping that run and we're going to put pressure on him if he's passing. We're going to say hey we've got athletes out there and you guys have got to have a great snap, great throw and great catch."

To be sure, Joll connected on a couple of those bombs, but tight coverage contained the yardage after reception. With a running game all but shut down, the Panthers couldn't sustain a drive.

With a lead in the 4th, a defense that could contain the Panthers, Briggs kept the ball on the ground and ran down the clock. With runs of three or four yards at a time, the Blue Devils were able to control the ball through most of the fourth quarter.

"We knew we had to fight," Mruczek said' "We have a lot better team than them, I thought. Man-to-man up front. We just had to grind and fight, grind and fight and get the W."

This year's Blue Devils team is a confident bunch of guys, Briggs said.

"That can sometimes be a bad thing," said the head coach, "but I love the swag of these kids."

It's all about the team, Mogavero said.

"I give a lot of credit to our guys every day," Mogavero said. "They play out their hearts every single game, every snap, every practice. We just give it and keep giving it. I feel like that's definitely going to propel us to the front, because you know, some people don't believe that we can be the team that beats good teams and I feel like we really turned the corner as a program.

"We love each other," he added. "It's the biggest team. We're not the biggest team size-wise, the biggest team in numbers, but we're close. That makes our hearts big."

Mogavero pointed to his chest, just below "Batavia," and said "We're big here."

Top Photo: Mruczek dives for the pylon for a TD. A two-point conversion would give Batavia the go-ahead and stay-ahead points.

James Cryer forces Geneva's star running back Mark Suchewski as the Panther's seemed to be on the verge of another score.

Batavia's bench celebrates Mogavero's fumble recovery.

Mogavero hits Joll just as he attempts another long pass. The play was ruled an incomplete forward pass.

Mogavero gets his helment buried in the turf at the end of a run.

This play was ruled an interception. Check the sequence in the slideshow below. It appears the defensive player trapped the ball on the ground before he had control. On the second play after the turnover, Mark Suchewski ran 90 yards for a Geneva touchdown.

Geneva's Marquan Ross with an interception on a pass intended for Malachi Chenault.

Mruczek hands off to Mogevero in the 4th quarter.

Danny Williams, who also had 10 tackles on the night, sacks Alex Joll in the 4th quarter.

Jarrett Laskett and Trevor Sherwood celebrate the Blue Devils victory after the final whistle.

To purchase prints from this game and ensure you have copies for years to come, click here.

Sarah E. Saile is accused of driving while ability impaired by drugs, as a misdemeanor. It is alleged that on Feb. 4 she operated a 1998 Ford with a Florida license plate on Oak Orchard Road in the Town of Batavia while her ability to do so was impaired by drugs. In count two of the indictment, she is accused of second-degree assault for allegedly recklessly causing serious physical injury to another person by means of a deadly weapon or dangerous instrument -- a motor vehicle. In count three, Saile is accused of second-degree vehicular assault for allegedly operating a motor vehicle while impaired by drugs and, as a result of this impairment, she operated the vehicle in a manner that caused serious physical injury to a person.

Keanon S. Williams is indicted for the crime of second-degree strangulation, a Class D felony. It is alleged that on Aug. 31 in the City of Batavia, Williams, with the intent to impede normal breathing or blood circulation of another person, applied pressure on the throat or neck of a person. This alleged action caused stupor, loss of consciousness for any period of time, or other physical injury to the person.

Emily Staschak, the runaway 14-year-old from Batavia, has been located safe and sound, according to Batavia PD Det. Richard Schauf.

In an update to the media today, he said tips from the public, who became aware of the missing teen via media coverage, helped locate the girl.

She was found at a relative's home in North Carolina on Thursday night and arrangements have been made to bring her home.

"An investigation into the local harboring of the child and the adults responsible for transporting the child out of NY State is ongoing," Schauf said, "for the crime of endangering the welfare of a child and any federal laws that are applicable."

Anyone with information about these persons is asked to contact Det. Schauf at 585-345-6312.

Enjoy a Wine Dinner with food provided by Alex's Place perfectly paired with wine from Heron Hill Winery. The event will be held on Saturday, October 25th at St. Joseph School in celebration of the 55th Annual Popcorn Ball.  

The night will start with a cocktail hour followed by 5 course meal that begins with pumpkin and crab bisque followed by a brussel sprout slaw salad. Main courses will include scallop croquettes and short rib manicotti.  The meal will conclude with a fried peach cobbler.  

There will also be a DJ, chinese auction, and raffles, including a $1,000 cash raffle.  Tickets are just $55/couple and are available at Alex's Place and the school. Tickets will also be sold at the Chamber of Commerce during the Wine Walk this weekend. Samples of the pumpkin crab bisque will also be available that day. For more information, or to reserve a table, call 585-343-6154.

October is Breast Cancer Awareness Month, and as city firefighters do annually, they are donning special T-shirts while on duty to recognize the fight against breast cancer.

Pictured with six firefighters today are Toni Funke and Kristen Gonter, breast cancer survivors.

From left are Capt. Mark Mikolajczyk, Chuck Hammon, Adam Polumbo, Nathan Kinne, Jeff Whitcomb and David Adams.

The IAFF Local 896 will make a donation to a breast cancer organization this month.

A two-car accident with minor injuries is reported in the parking lot of the Classt Chassis Car Wash on Veterans Memorial Drive. There may be a "medically induced" problem regarding one of the injuries. Town of Batavia and Mercy medics are responding.

The Batavia High School band played, the franchise owner made a speech and a longtime local employee cut the ribbon to officially open the new McDonald's Restaurant on East Main Street, Batavia.

Batavia-native Holly Carney (in purple, top photo), who will manage the new store, told the story of how her career with McDonald's started. She was 16 and her parents picked up an application for her and made her fill it out and hand it in. Her mother drove her to the store and made her turn it in. With tears in her eyes, she handed her application to Kathy Eves (top photo getting a hug from Carney). Despite her misgivings, she got the job and worked her way up into management.  

Eves cut the red ribbon to officially open the store and received as a present a palm-sized glass sculpture of the original McDonald's Restaurant in Des Plaines, Ill.

This is the 10th location for franchise owner Harry Schatmeyer (in the white shirt), who also owns the McDonald's location on West Main.

The store made a $500 donation to the Batavia HS band.

Also pictured in the top photo, assistant manager Stephanie Bouter.

City Manager Jason Molino with the Hamburglar and Grimace.