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Man indicted on 16 counts involving six children under 17

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury.

Marino M. Marasciulo III is indicted on 16 criminal counts, including third-degree rape, all alleged to have occurred in the Town of Bergen. In late January or early February, 2013, this adult over the age of 21, allegedly engaged in sexual intercourse with a person under 17, a Class E felony. In count two, the defendant is accused of allegedly engaging in oral sexual conduct with a person under 17, also a Class E felony. In count three of the indictment, the defendant is accused of forcible touching, a Class A misdemeanor. In or about July 2012, for intentionally and for no legitimate purpose, Marasciulo allegedly forcibly touched the sexual or other intimate parts of another person for the purpose of degrading or abusing such person or for the purpose of gratifying the actor's sexual desire. In count four, Marasciulo is accused of a Class A misdemeanor, in or about July 2012, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 or directed or authorized such child to engage in an occupation involving substantial risk of danger to her life or health. In count five, the defendant is accused of the same conduct as in count four but in April or May 2013 and with a second child under 17. In counts six and seven (Summer of 2012), eight (Summer of 2012 -- May 2013) and nine (late January or early February 2013) the defendant is accused of the same conduct but with a third, fourth, fifth, and sixth child, respectively. The remaining seven counts, all Class A misdemeanors, are for unlawfully dealing with a child for allegedly providing alcohol to a person or persons under 21.

Shadow S. Jonathan is indicted for the crime of second-degree assault, a Class D violent felony, for allegedly intending to cause, and causing, physical injury to another person or a third person by means of a dangerous instrument, a wooden beam, on Sept. 13 in the Town of Alabama. On the same date, the defendant is also accused of attempted assault in the second degree, a Class E felony, for allegedly intending to cause physical injury and attempting to cause such injury by means of a dangerous instrument, a metal stake.

Nicole M. Dellapenna is indicted for second-degree assault, a Class D violent felony, for allegedly intending to cause physical injury to another person, causing injury to the person or a third person by means of a dangerous instrument, a knife, in the Town of Le Roy of Aug. 24. She is accused of criminal possession of a weapon, 4th, a Class A misdemeanor, for allegedly knowingly possessing a dagger or dangerous knife or other dangerous instrument or weapon with intent to use the same unlawfully against another.

Matthew A. Beccue is indicted for allegedly driving while intoxicated, a Class E felony. On Nov. 22 in the City of Batavia, he drove a 1994 Chevrolet in the parking lot of a gas station and on Route 63 and on Liberty Street all while allegedly intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly have a BAC of .18 or more.

Law and Order: Registered sex offender turns himself in on change of address charge

By Howard B. Owens

Wayne D. Potter, 30, of Batavia, is charged with failure to notify of change of address and offering a false instrument for filing. Potter is a registered level 2 sex offender. He allegedly failed to register a change of address and turned himself in after learning police were looking for him. Potter was jailed without bail.

Stephen A. Lewis II, 33, of 14 Highland Park, Batavia, is charged with criminal mischief, 4th. Lewis is accused of damaging the door of another tenant at 14 Highland Park, Batavia, with a shovel. Lewis was jailed on $1,000 bail.

James Rocco Soccio, 32, of Ross Street, Batavia, was arrested on a warrant stemming from an unregistered motor vehicle charge. Soccio posted bail and was released.

James J. Preedom, 29, of East Main Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Preedom is accused of pushing another person during an alleged incident reported at 3:30 a.m., Monday. Preedom also allegedly broke a chair and damaged a wall.

Jeffrey W. Kuyal, 22, of 839 Chili Ave., lot J147, Churchville, is charged with petit larceny; Jazmin L. Kuyal, 25, of 66 Lake Street, Le Roy, is harassment, resisting arrest and obstructing governmental administration. Jeffrey was arrested by Le Roy PD for allegedly shoplifting from a village business. As he was being led from the store by a police officer, Jazmin allegedly struck Jeffrey in front of police. Police say Jeffrey and Jazmin are cousins. When a police officer attempted to arrest Jazmin, Jazmin allegedly struggled with the officer and became combative, refusing to get into the patrol vehicle. Jazmin was also found to have a warrant out of Orleans County. Jazmin was jailed on $1,000 bail.

Mark Anthony Cicero, 45, of Dolbeer Street, Perry, is charged with unlawful possession of marijuana, drinking alcohol in a motor vehicle and failure to obey traffic device. Cicero was stopped at 12:20 a.m. on Perry Road, Pavilion, by Deputy Joseph Corona.

Randy J. Rowe, 32, of Rochester, was arrested as a fugitive and is also charged with criminal mischief, 3rd. Rowe was arrested in the Town of Batavia on Monday by State Police. No further details released.

NOTE: The Genesee County Sheriff's Office is now posting a list of people with outstanding warrants. The list can be found on the county Web site under NEW Warrants. For the current list, click here (PDF).

GCEDC board to consider two projects at Thursday meeting

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its April 3 board meeting.

Mega Properties, Inc., plans to make a 20,000-square-foot expansion to its current facility in Gateway I Corporate Park in Batavia. The projected capital investment is approximately $775,000 and would create 5.5 new full-time equivalent jobs in three years after a certificate of occupancy is issued.

Premiere Credit plans to expand its growing call center in the City of Batavia through an investment of approximately $400,000. The company pledges 25 additional jobs with this project, which will bring total employment commitment at the facility up to 150 full-time equivalent employees. At the end of 2013, Premiere reported employing 134 employees at the company’s Batavia location.

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park, located at 99 MedTech Drive, Batavia, on the 2nd floor, across from Genesee Community College.

UPDATE: Here are project summaries released by GCEDC

Mega Properties, Inc. (Koolatron) - Town of Batavia (final resolution will be considered)
Mega Properties, Inc., (Koolatron) is a Canadian company with headquarters in Brantford, Ontario, international location in the United Kingdom, and U.S. locations in Florida and New York. They began with their flagship product line of 12-volt portable thermoelectric coolers and today they have expanded to manufacture, market and distribute a wide range of items via dealer-distributor network and the Internet. In 2000, they built a 25,000-square-foot facility in the Gateway I Corporate Park. The company is proposing a 20,000-square-foot expansion at their current facility. The total investment is estimated at $775,000 and the project is expected to create 5.5 new full-time equivalent jobs in three years after their certificate of occupancy is issued. The GCEDC Board approved an initial resolution to set a public hearing at the June 6, 2013 meeting. A public hearing was held on June 26, 2013, as the benefits exceeded $100,000, and there were no comments.

Premiere Credit - City of Batavia (final resolution will be considered)
Premiere Credit is expanding their call center in the city of Batavia. The company is investing $400,000 in equipment to support their growing call center. Premiere Credit is pledging 25 additional jobs and with this project that will bring total employment at the facility up to 150 full-time equivalent employees. In 2012, capital expenditure was $350,000 with 100 pledged jobs. In 2013, capital expenditure was $325,000 with 50 more jobs pledged. For 2013, the company reported that 134 positions had been created at their Batavia location.

Car vs. pedestrian accident, minor injuries, off Stringham Drive

By Billie Owens

A car and pedestrian accident with minor injuries is reported at Clinton Street Road and Stringham Drive. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 2:51 p.m.: The assignment is back in service. Those involved are "unaccounted for" and the incident may be unfounded. A woman pushing a small kind of shopping cart was seen walking along the shoulder of the roadway afterward and a white SUV did a U-turn and left. Responders can find neither.

UPDATE 3:09 p.m.: Now this incident is being characterized as a "personal injury accident between a person and a vehicle." The woman involved says her back is injured. She's wearing a purple coat and was pushing "a buggy." She's by the Stringham Drive / Clinton Street Road intersection and was outside the Community Action facility previously when they were looking for her. She says she has the license plate of the vehicle. Town of Batavia fire and Mercy medics again responding.

UPDATE 3:22 p.m.: The patient is being transported to UMMC.

Law and Order: Two women arrested after report of fight on State Street

By Howard B. Owens

Melissa R. Piazza, 24, of State Street, Batavia, is charged with reckless endangerment, 2nd. Piazza allegedly threw a stick at a vehicle during an argument on State Street at 6:53 p.m., Wednesday.

Cheryl M. Lyons, 48, of State Street, Batavia, is charged with menacing, 2nd, and endangering the welfare of a child. Lyons allegedly brandished a stick and a knife while threatening another person during an argument on State Street reported at 6:53 p.m., Wednesday. A child was allegedly present to witness the threats.

Dillion Lee James Farley, 22, of Ridge Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, unlawful possession of marijuana, failure to keep right, moving from lane unsafely. Farley was reportedly involved in a property damage accident at 11:14 p.m. Sunday on Lockport Road, Elba. The accident was investigated by Deputy Joseph Corona.

Jason Charles Lusk, 33, of Collegeview Drive, Batavia, is charged with harassment, 2nd. Lusk allegedly hit an acquaintance while in front of two deputies at 2:13 a.m., Saturday.

Harry Thomas Gibson, 49, of North Spruce Street, Batavia, is charged with attempted petit larceny. Gibson was seen by Dollar General staff allegedly placing merchandise in a bag in an attempt to steal it. When confronted, Gibson reportedly dropped the bag and left the scene.

Sara J. Smith, 28, of Fairmont Avenue, Batavia, was arrested on a bench warrant related to a criminal mischief charge. She allegedly failed to appear. Smith posted bail (amount not disclosed) and was released.

Aaron Walter Smith, 26, of Webber Avenue, Oakfield, is charged with unlawful possession of marijuana. Smith was arrested following an investigation by officers Chad Richards and Stephen Cronmiller into a report of a suspicious vehicle left unattended and running in the area of Kwik Fill.

Rebecca E.A. Mulholland, 23, of Ellicott Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Mulholland's vehicle was stopped at 3:54 a.m. Saturday on Ellicott Street by Officer Peter Flanagan following a "check the welfare" request for a vehicle matching the description of the one driven by Mulholland.

Photos: Batavians with dealing heavy, wet snow on a Sunday morning

By Howard B. Owens

This is not how you want to spend a Sunday morning in Spring, clearing snow from your walks and driveways.

Whether using a blower or a shovel, Batavia residents this morning said the snow was heavy and hard to move.

Above, Ben Humes on South Main Street.

Justin Washington on Ellicott Avenue clearing snow from his car.

Jeff Emminizer, on South Main Street, enjoys a cigar while shoveling his drive. Emminizer, who owns a home-based business repairing dings and dents on cars, said he also had the BBQ going, smoking some beef. He said he grills or smokes every Sunday, regardless of the weather.

Jared Chaddock on Roosevelt Avenue with his 1964 Wheel Horse tractor. 

Fred Lord on Kibbe Avenue.

Brandan, 9, and Alissa, 4, were sledding in Kibbe Park with their father Mark Burgess.

A city plow truck on Chestnut.

Former Batavia resident in Texas accused of plotting an insurgency

By Howard B. Owens
Robert Talbot

A former Batavia resident has been arrested by federal authorities in Texas, accused of plotting against the U.S. Government.

Robert J. Talbot, 42, allegedly was plotting to blow up buildings and kill cops once he convinced people to join him in his American Insurgent Movement.

Friday, Talbot was arraigned in Federal Court in Houston, near where he was living, and charged with illegal possession of explosive materials and interfering with commerce by threats of violence.

FBI agents tracked Talbot for eight months, in person and online, apparently going undercover and winning his trust, convincing him he was picking up followers.

That's how you isolate a "lone wolf" one agent told the Houston Chronicle to help contain their activity.

Authorities say Talbot went beyond angry rants.

He allegedlly staked out banks and armored cars and was plotting a possible robbery to fund his movement. He allegedly researched explosives and asked undercover agents for help in obtaining explosives.

Talbot was taken into custody by a SWAT team while allegedly heading to the location of a planned armored car robbery.

"I would say he had the will, said Assistant U.S. Attorney Carolyn Ferko. "He was absolutely determined."

Photo: Snow on Center Street

By Howard B. Owens

Pretty much right on cue, it started to snow in Batavia this evening. Heavy, water-sodden flakes.

Temperatures are below freezing. The roadways are slick. Since the snow started, there've been four motor-vehicle accidents reported in the county.

Icy road conditions are expected to last through the morning.

Another big crowd turns out for Home Show at Falleti

By Howard B. Owens

More than 900 people turned out for the second day of the Genesee County Home Show.

The show continues tomorrow, Sunday, from 10 a.m. to 3 p.m.

Above, WBTA's Dan Fischer in the radio station's booth at the show.

Photos: Chicken BBQ and thrift sale at YWCA

By Howard B. Owens

The YWCA hosted a chicken BBQ lunch and giant thrift store sale today at its location on North Street, Batavia.

Above, Director Jeannie Walton instructs volunteers on preparing chicken BBQ dishes.

The sale is going until 4 p.m. today.

Photos: Easter Bunny Breakfast at the First Presbyterian Church

By Howard B. Owens

Eva, 3, gets an ink stamp applied to her arm this morning during the Easter Bunny Breakfast at the First Presbyterian Church in Batavia.

Children were served a pancake breakfast and could also get their face painted, color Easter eggs and visit with the Easter Bunny.

With Eva is her mother, LuAnn Henry. With Eva and the Easter Bunny in the photo below is her sister Lillian, 9.

Law and Order: Woman accused of trying to shoplift from Dollar General

By Howard B. Owens

Zoe A. McClure, 44, of Bank Street, Batavia, is charged with attempted petit larceny. McClure was allegedly observed by management at the Dollar General Store trying to conceal several items in her purse, coat and pants.

Sharon E. Herdtner, 51, of Jackson Street, Batavia, was arrested on a bench warrant for alleged failure to appear. She was jailed on $1,000 bail.

Brian D. Fisher, 60, of Washington Avenue, Batavia, was arrested for allegedly failing to answer to a parking ticket (2 a.m. to 6 a.m. on a city street). Fisher was located during an investigation into an unrelated matter and was arrested. He posted $70 cash bail.

Kenneth H. Holley, 24, of River Road, Caledonia, is charged with unlawful possession of marijuana. Holley was arrested by Officer Stephen Cronmiller following a traffic stop by Deputy Joseph Corona on East Main Street, Batavia, at 12:13 a.m. March 23.

Dawn L. Sedita, 50, of Buffalo, is charged with petit larceny. Sedita was arrested by State Police for allegedly stealing cartons of cigarettes from Jan's Smoke Shop.

Batavia PD's emergency response team trains in house on West Main Street

By Howard B. Owens

Batavia PD's Emergency Response Team made use of a house on West Main Street headed for the wrecking ball for training this morning.

Assistant Chief of Police Rob Yaeger said the team practiced warrant execution, a barricade gunman scenario and hostage situations.

Even though houses may look the same on the outside, they're often different on the inside, so when a real former residence becomes available, Yaeger said, the department jumps on the opportunity to use it for training. Such buildings only become available once or twice a year.

"It's very useful," Yaeger said. "Usually we'll try at the fire training center or we'll try at other buildings, but nothing beats having the real deal, having an actual house that was used as a regular residence."

The house was made available for training -- first for the Fire Department -- by the owners of Castilone Chrysler, Steve Castilone and Greg Strauss. The dealership is expanding at its present location -- rather than moving out of the city -- and the houses at 310 and 312 W. Main St. are slated for demolition starting Tuesday.

Vendors will star in reinvigorated Genesee County Home Show

By Howard B. Owens

The revamped and reinvigorated Genesee County Home Show is just about ready for your visit this weekend.

More than 60 vendors will have their wares on display and Chamber of Commerce President Tom Turnbull said those local and regional business owners will be the stars of the show.

"We decided the businesses should be the celebrities," Turnbull said. "We want people to come in and see what they have and that will be their entertainment for the day. We'll have some other vendors, such as Darien Lake, Terry Hills, Batavia Downs and Adventure Calls, but for the most part, it's all about homes, fixing your home, or building a new home or adding on to your home."

The home show, which fell on some rough times in recent years, has moved back to the Falleti Ice Area (sans ice, of course) and the Chamber invested in new booth partitions and upgraded electric.

At least 1,500 and maybe as many as 2,500 people are expected to visit the home show this weekend.

After a long, cold winter, on a weekend when temps will be in the 40s and 50s, Turnbull thinks the home show comes at just the right time for people to get out and start looking forward to spring and summer and those special projects around their homes.

"It's going to be good weather for a home show," Turnbull said.

The home show came about, Turnbull said, because local business owners, most notably Eric Biscaro of Armour Building Supply, came forward and asked the Chamber to take on the event.

"They came to the chamber and said we need a home show in this town and you guys should be running it," Turnbull said. "It made perfect sense for the chamber to run it because that's what we do is promote business."

With all vendor spaces sold out for the weekend, the home show does seem like the place to be for homeowners and would-be homeowners this weekend.

Doors open at 5 p.m., Friday. It runs from 11 a.m. to 6 p.m. Saturday and 10 a.m. to 3 p.m. Sunday. The cost is $3 per adult. Children under 12 are admitted free. 

Alex's Place will have a food booth set up in the refreshment stand/skate rental room.

Tops is once again carrying Alpina Greek Yogurt

By Howard B. Owens

Alpina Greek Yogurt has returned to the shelves of Tops Market in Batavia and Le Roy (Warsaw, as well).

The grocery stores carried Alpina when it was first introduced domestically, but then the product disappeared from store shelves without explanation.

That product was the kind of with granola-like toppings. Tops is now carrying a type of Alpina Greek Yogurt with fruit at the bottom. Alpina also makes a kind of blended yogurt (my favorite), but that isn't available at Tops -- at least it wasn't today.

Alpina is not being stocked in the dairy/Greek Yogurt section. If you want to find it, you need to go to aisle 3, the organic food section (at least, in Batavia).

This is noteworthy, of course, because Alpina Greek Yogurt is made in Batavia. The Alpina plant is in the Genesee Valley Agri-Business Park.

HLOM to host Civil War Tea Party and Fashion Show

By Howard B. Owens

Information and photo submitted by Kathy Jasinski.

The Holland Land Office Museum will host a Civil War Tea Party and Fashion Show from 11 a.m. to 2 p.m., Saturday, April 5. The cost is $20 per person.

The program will include Civil War Era music featuring soprano Amy Savino accompanied by Jeffrey Fischer on piano. A fashion show will highlight the event by Dona LaValle, professional Civil War seamstress -- she will show a ladie's outfit starting with the undergarments to outerwear. Live models will strut the runway in a variety of 1860s clothing. Rita Reichle will present "the Language of the Fan." She has done much research on the way the ladies of the era expressed themselves with their fans.

We will also have Victorian etiquette -- rules of conduct for the era as observed in polite society. Refreshments will be served throughout the program -- tea sandwiches, cheese, sweet breads, cookies, assorted sweets and treats. They will be prepared by Dibble Family catering.

Proper dress, including hats and gloves are encouraged, but certainly not required -- there will be door prizes and awards for creative dress and hats.

To make your reservation please call the Holland Land Office Museum at 343-4727 by April 1.

Sponsored Post: Think Spring! Visit the Home Show on Friday, March 28th - Sunday, March 30

By Lisa Ace
It’s been a long cold winter and now it’s time to “think spring.” And there’s no way better way to beat those long winter blues than by attending the first annual Genesee County Chamber of Commerce Home Show. The all new Home Show will be held at Falleti Ice Arena in Batavia Friday through Sunday, March 28-30.
 
Here’s your chance to talk face to face with one of the 57 area businesses attending this year’s Home Show for help with your home ideas and projects. And while you’re there, make sure you register for a chance to win a $500 gift certificate from the Home Show vendor business of your choice. The winner will be drawn at the conclusion of the Home Show and you do not need to be present to win.
 
The Genesee County Chamber of Commerce Home Show will be open Friday, March 28 from 5 p.m. to 9 p.m., Saturday, March 29 from 11 a.m. to 6 p.m. and Sunday, March 30 from 10 a.m. to 3 p.m. And if you’re hungry, the concessions are being run by Alex’s Place, so you know the food will be excellent!
 
Admission is only $3 per person and children 12 and under are free when accompanied by an adult. Parking is free at the Falleti Ice Arena. Coupons good for $1 off all admissions are available at the Genesee County Chamber of Commerce office, 210 E. Main St., Batavia, or at any of the participating businesses. For a complete list of participating businesses go to www.geneseeny.com/homeshow. For more information, call the Chamber office at 343-7440.

Law and Order: Woman accused of hitting person's head with a brick

By Howard B. Owens

Rose H. Chiauzzi, 22, of 154 W. Court St., Warsaw, is charged with felony assault and criminal mischief, 4th. Chiauzzi allegedly grabbed a brick during an argument in the Village of Le Roy and struck the victim on the back of the head causing an injury that required an ambulance transport to an area hospital. Chiauzzi also allegedly damaged the windshield and sunroof of the victim's vehicle. Chiauzzi was jailed on $5,000 bail.

Jeffrey W. Scott, 31, of 14 Lake St., Apt. #3, Le Roy, is charged with issuing a bad check. Scott allegedly wrote a check based on insufficient funds at a business in the Village of Le Roy and then failed to make payment for the check.

Heather K. Wilcox-Villa, 43, of 9624 Clipnock Road, Stafford, is charged with petit larceny. Wilcox-Villa is accused of shoplifting at a business in the Village of Le Roy. She allegedly concealed a bottle of perfume in her purse and left the store without paying for it.

Marcus Allen Ciociola, 18, of West Main Street, Corfu, is charged with harassment, 2nd. Ciociola allegedly kicked another person during at dispute. He was jailed on $800 bail.

Andrei Peter Sliker, 23, of Hutchins Street, Batavia, is charged with criminal contempt, 1st. Sliker allegedly violated an order of protection. He was jailed on $5,000 bail.

Todd Patrick Gately, 22, of Long Pond Road, Rochester, is charged with unlawful possession of marijuana, uninspected motor vehicle and failure to obey traffic device. Gately was stopped at 1:40 a.m. Tuesday on Townline Road, Bergen, by Deputy Joseph Corona.

Judith E. Peterson, 53, of Lancaster, is charged with DWI. State Police responded to a report at 11:18 p.m., March 23, on Bernd Road, Le Roy, of one vehicle striking a car parked in a driveway following a report of a domestic dispute. Troopers located Peterson walking on Bernd Road. State Police alleged Peterson was driving the vehicle that struck the parked car and then tried to leave the scene on foot. She allegedly failed field sobriety tests and had a BAC of .17.

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