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Batavia PD releases annual report for 2011

By Howard B. Owens

In 2011, the Batavia Police Department responded to 16,991 calls for service and logged more than 154,000 patrol miles, according to a report released by the department.

Overall, the crime rate was up slightly in 2011 over 2010, but still down from the 2009 rate.

The rate in 2011 was 35.12 (an index computed by city population). In 2010, it was 34.93, and in 2009 it was 37.20.

There were 376 criminal arrests in 2011, compared to 575 in 2010.

Calls for service in the city peaked in 2007 at 17,707 and dropped off dramatically in 2008. The number has increased each year since and was 16,581 in 2010.

The detective bureau field 479 cases and pursued 396 criminal investigations.

There were 399 larcenies reported in 2011; 95 burglaries; 12 motor vehicle thefts; 32 assaults; zero murders; and 10 rapes.

The rape total was the highest of any of the past six years.

Besides rape, there were 20 total sex crimes reported in the city, down from 25 in 2010.

DWI arrests were up from 36 in 2010 to 47 in 2011.

There were 499 motor vehicle accidents reported in the city in 2011. That's down from a recent high of 528 in 2009.

In all, police officers inititated 3,517 traffic stops in 2011 and issued tickets for 1,054 moving violations.

A total 1,413 parking tickets were written.

The full report is available as a PDF. Click here to download.

Photo: Easter Bunny downtown

By Howard B. Owens

The Easter Bunny is downtown today, hanging out outside the Enchanted Florist on East Main Street.

Laughing Buddha owner pulls potpourri, but believes statewide ban violates constitutional rights

By Timothy Walton

Last week the New York State Health Commissioner issued an order prohibiting products that fall under the umbrella heading of “synthetic cannabinoids” from being sold in the state. These are items sold as “incense” and not for human consumption yet are often smoked as a substitute for marijuana.

Jay Lang, owner of The Laughing Buddha in Batavia, and his attorney say they believe the ban violates two forms of retailers' constitutional rights, one of which falls under the category of interstate trading. 

"After the ban, health department officials stopped by 'The Buddha' but we had already pulled our products that were questionable," Lang said. "I called my attorney and the legal team of the distributors, we all believe that the ban violates the individual rights and the rights of the distributors."

Lang, who recently moved his shop to 238 Ellicott St., claims he did not sell any of the banned items but voluntarily pulled any questionable items from his shelf last Thursday after hearing of the new mandate.

"I don't sell 'Spice' or bath salts," Lang said. "I never have. I sell potpourri. It's the same thing as if you go to your arts and crafts stores or your Big Box retailers. It's just that tattoo and head shops have been put under a microscope."

The items on the state's banned list include K2, Spice, Galaxy Gold, and Mr. Happy.

According to Lang, "Spice" was the trade name given to K2, that was banned more than a year ago. Since then, the distributors have made changes to their products in an attempt to legalize them again, he said.

Although some of the products have regained legal status, they still carry the label "Spice." He said that "Spice" is currently being used as the slang name given to the damiana leaf after it's been sprayed with synthetic cannabinoids. It only gets the "Spice" classification once it is sprayed.

"None of the products that I sell have been sprayed with any form of cannabinoids, which is why these products are still legal to be sold," Lang said.
"My attorney and the distributor's legal team have advised me to put my products back on the shelf, although for the time being, I am keeping them off (the shelf)."

Lang, who said he has NYS certified lab reports that classify his products as potpourri, has also put together a package to work with the health department and law enforcement regarding the products in question.

"I'm inviting the health department and law enforcement to inspect my questionable products," he said. "I have sample kits that I put together for them and I will even pay to have my products tested to prove that they do not contain any of the banned cannabinoids and that all they are is potpourri."

If law enforcement and the health department do not express interest in the testing and validating his products as legal potpourri, Lang plans to restock his shelves with the products.

Possible grass fire off Lehigh Avenue, Batavia

By Billie Owens

A possible grass fire is reported at 480 Lehigh Ave. in Batavia, "behind the water plant." City firefighters are responding.

UPDATE 2:52 p.m.: City fire is back in service.

'BigFoot Baler' is new demo at 7th annual Cool Kids! ECO-Fest on April 14

By Billie Owens

Press release:

Genesee Community College's Earth Club, Student Activities Office, and College Village are joining forces again with Cool Kids to produce the 7th annual Cool Kids! ECO-Fest – a fun-filled, educational event that increases awareness of important environmental issues while celebrating Earth Day.

All portions of the event are free and open to the public and scheduled from 10 a.m. to 2 p.m. on Saturday, April 14 at the Batavia campus. Both indoor and outdoor activities will be happening throughout the four-hour event, which winds down with the Eco-Raffle of great green prizes, including the Grand Prize -- a 21-speed mountain bike provided by Adam Miller Toy & Bicycles. (You must be present to win.)

Many of the popular eco-opportunities will be back, such as collecting residential e-waste, worn American flags, rubber sneakers, plus the Inflation Station with Sloat Tires, as well as the Wildlife Educators Coalition and a full display of worldwide artisans' work from One World Projects.

But there are also be some new green alternatives to explore and enjoy.

The largest and perhaps most dynamic new Cool Kids! ECO-Fest program in 2012 will be the live demonstrations of the "BigFoot Baler" happening on the west end of campus. This massive piece of equipment will be taking "ag plastic," which is the bale wrap, vegetable row covers, and bunk silo covers delivered by local farmers, and compacting the waste into 1,000-pound bales. These will eventually be recycled into plastic film, fencing, picnic tables, benches and other molded plastic items.

Without recycling, agricultural plastics end up buried on farms and nurseries, burned, or taking precious space in landfills. The BigFoot Baler has been made possible through NYS DEC and Cornell University's Recycling Agricultural Plastics Project (RAPP).

For scheduling efficiency in the compaction process, Conservation District Manager George Squires asks that all farmers participating in "ag plastic" recycling call the Genesee County Soil and Water Conservation District Office at 343-2362 before April 14. The BigFoot Baler requires the plastic to be free of mud and manure; soils, forage and stone should be shaken off and smaller pieces that can be handled by one person are preferred. GCC student volunteers will  assist with processing.

"Each year at Cool Kids! ECO-Fest, we try to introduce at least one major new initiative that explores the innovative facets of environmental sustainability," said Donna Rae Sutherland, Genesee's Earth Club co-advisor and associate director of Marketing Communications.

"Last year we began collecting worn American flags and demonstrating bird banding. Two years ago it was collecting rubber sneakers. This year, we welcome the BigFoot Baler! The annual Cool Kids! ECO-Fest leads the charge in helping everyone learn how they can play an important role, each and every day, in building a greener future. It's not hard. In fact it's fun and it really is 'way cool.' "

The bird-banding demonstration by Tom Klotzbach is also happening on the west side of campus near the college's Nature Trail. He is a local birding expert and researcher, as well as a GCC alumnus and employee. He is in the third year of a three-year bird-tracking project with more than 60 bird boxes located at GCC and on the western portion of the Ontario State Parkway.

The seasonal outdoor effort starts in early April when Klotzbach begins tracking various species of native and non-native birds. Through banding and biweekly nest box checks, Tom is collecting bird data such as age, sex, fat score and mass, which are used to study migration patterns with the U.S. Geological Survey.

The 7th annual Cool Kids ECO-Fest also includes more than 35 exhibits, presentations and activities, inside the college's forum and cafeteria. As in years past, hundreds of people of all ages are expected to attend the event enjoying environmental fun and educational opportunities, and the more green things they do – the more Eco-Raffle tickets they earn to increase their chances of winning the mountain bike.

Among the ways to earn Eco-Raffle tickets:

•    Donating residential e-waste or electronics such as old computers, monitors, calculators, TVs, VCRs, stereo equipment, video games, and microwave ovens (No other kitchen appliances, please.)

•    Donating paperbacks books for American troops overseas

•    Donating worn American flags for proper disposal by Sheppard, Maxwell and Hale

•    Getting your tire pressure checked by Sloat Tires Inflation Station

•    AAA mercury hood lamp switch-out (for 2002 or older cars)

•    Being an ECO-Fest volunteer

•    Wearing green

From kites to water bugs to tree saplings, eco-tips to digging fossils, treasured trash time or battery tests -- it's all free at the 7th annual Cool Kids! ECO-Fest.

Genesee Community College is also excited about two other Earth Day celebrations this spring emphasizing its commitment toward a greener future.

•    Street cleaning of R. Stephen Hawley Drive happens from 12:30 to 2:30 p.m., Thursday, April 12 with a post-cleaning pizza party sponsored by the college's Earth Club in the GCC cafeteria.

•    "Pillage the Village" from 11 a.m. to 5 p.m. on Thursday, May 10 is the end-of-year yard sale at College Village. The event is free and open to the public, and will be located near the Village Hall at College Village, 8170 Batavia-Stafford Townline Road in Batavia.

For further information on all college events contact Donna Rae Sutherland at 343-0055, ext. 6616, or email dsutherland@genesee.edu.

For more information on Cool Kids! and the list of "allowable recyclables," call The Cool Hotline at 637-3984 or www.generationcool.biz.

For a video on recycling agricultural plastic go to:

http://www.youtube.com/watch?v=i4wYB20HhHs&feature.related

Georgia man arrested on multiple charges in Batavia given eight years in prison

By Howard B. Owens

A Georgia convict who fled parole in his home state, fled from police when they tried to arrest him in Batavia, attempted to strangle a fellow inmate in the Genesee County Jail and was accused of conspiracy to commit murder will serve a maximum eight-year prison term, Judge Robert C. Noonan ruled today.

Derick Barker, 26, previously pled guilty to possession of a controlled substance and strangulation, and both convictions carried a maximum sentence of four years in prison.

Noonan ruled the sentences would be served consecutively.

Barker came to Batavia in May 2011 with his brother Justin, a Batavia resident.

The two men were found in a hotel room in June where drugs were present. When Derick learned he was about to be arrested, he fled across the Thruway, which led to a State Police helicopter search of the area.

While in jail on the charges, Derick was accused of plotting a murder-for-hire scheme with his brother.

Justin eventually entered a guilty plea on that charge, but as part of a plea bargain, the conspiracy charge against Derick was dropped.

Assistant District Attorney Will Zickl, in asking for a lengthy prison term for Derick, noted Barker's previous criminal record and his propensity for violence.

Attorney Thomas Burns said his client acknowledged his mistakes and that while a probation report noted some anger issues, he said Barker never displayed anger during their meetings, although the news Burns had to deliver was rarely good.

"I never encountered anything but complete kindness," Burns said. "He's been as polite as a client can be. Derick has many fine attributes and a nice personality when he wants to put it to work."

Burns said Barker -- who has spent a decade in and out of the legal system -- didn't have a stable childhood and missed out on educational opportunities.

When asked to speak, Barker said, "Mr. Burns said it better than I could say it. I apologize for taking up so much of the court's time for my mistakes. There's nothing I could say but I apologize."

Noonan said given Barker's record and the seriousness of the charges, he thought the maximum sentence was appropriate.

"The deal you negotiated is the best deal you're going to get," Noonan said.

Photos: Outdoors with Jim Nigro

By Howard B. Owens

I ended up taking an unplanned drive this morning, straying further then intended, and then when heading back toward the city, I spotted our outdoor columnist Jim Nigro by the side of the road, with his camera in hand. I stopped to say hello and he invited me to join him at one of his favorite locations for a little nature photography.

Bill Young Memorial Blood Drive at First United Methodist Church, Batavia

By Billie Owens

The American Red Cross invites you to participate in the second annual Bill Young Memorial Blood Drive at the First United Methodist Church in Batavia.

It will be held from 2 to 7 p.m. in the social hall, located at 8221 Lewiston Road.

Please call 1-800-RED-CROSS to schedule your appointment. Ask about Double Red Cell donation. Walk-ins are welcome. PLEASE BRING I.D.!

(If you donated blood on or before Feb. 21, you are again eligible to donate.)

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Police looking for leads on recent vandalism in the city

By Howard B. Owens

Police are looking for information on a person who allegedly spray painted graffiti on a mailbox near the M&T Bank branch off Court Street, Batavia.

The suspect may be involved in several incidents of graffiti in the city.

The latest incident occurred at 6:45 p.m., Friday.

The suspect vehicle is described as a green, four-door, Honda Civic with New York license plates.

The alleged tagger is a white male.

Anyone with information is asked to call Det. Todd Crossett at 345-6353.

Law and Order: Woman accused of filing tax returns in ex-boyfriend's name and claiming refund

By Howard B. Owens

Amy Lynne Koch, 37, of Route 98, Alexander, is charged with grand larceny, 3rd, and petit larceny. Koch is accused of using information of her estranged boyfriend, who is incarcerated in state prison, to file both state and federal income tax forms. Koch allegedly created a bank account in both of their names so any tax refund money could be deposited in the account. Once the money was deposited, Koch allegedly withdrew the funds.

Timothy S. DiSalvo, 51, of 106 North St., Batavia, is charged with strangulation, 2nd, and two counts of harassment, 2nd. DiSalvo was allegedly involved in a fight with a family member at their business location on Harvester Avenue, Batavia. DiSalvo is accused of choking another person and shoving a female employee who tried to intervene to stop the fight.

Cheryl Lynn Vanelli, 52, of 2101 Main Road, Pembroke, is charged with DWI, driving with a BAC of .08 and failure to keep right. Vanelli was stopped at 2:42 a.m, Jan. 21, on Boyce Road, by Deputy Kevin McCarthy. Vanelli will be arraigned in Pembroke Town Court on April 17.

Veshaun D. Thomas Sr., 34, of 110 Bank St., Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 3rd, and suspended registration. Thomas was stopped at 2:40 a.m. Sunday by Officer Marc Lawrence.

Kyle David McNutt, 21, of Route 238, Warsaw, is charged with petit larceny. McNutt is accused of shoplifting $24.99 in merchandise from Kmart.

Gina Marie Glor, 18, of Route 238, Warsaw, is charged with petit larceny. Glor is accused of shoplifting $24.99 in merchandise from Kmart.

Sandra Lynn Cassford, 29, of South Main Street, Castile, is charged with petit larceny and unlawful possession of marijuana. Cassford was arrested on a warrant stemming from alleged events on Dec. 22. She was jailed on $200 bail.

Peter Joseph Gravante, 23, of Townline Road, Byron, was arrested on a warrant for driving with a BAC of .08 or greater. Gravante was taken into custody on a warrant out of Town of Batavia Court by NYSP in Monroe County and turned over to the Sheriff's Office.

Ryan Douglas Woodward, 22, of Vallance Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed for a curve, moving from lane unsafely and leaving the scene of a property damage accident. Woodward was allegedly involved in a motor vehicle accident while intoxicated on Route 19, Bergen, at 2:45 a.m. on Feb. 26.

Batavia PD looking for vehicle involved in hit-and-run property damage accident

By Howard B. Owens

A vehicle -- likely a 2008 or newer Chevy Silverado -- struck a fence in front of 239 East Ave., Batavia, knocking down more than 100 feet of the fence, according to Batavia PD.

The car came to a stop in a hedgerow and then left the scene.

The Silverado is believed to be an extended cab model with front-end and rear-end damage.

The collision occurred some time between Friday evening and Saturday morning.

Anybody with information that may assist in the investigation is being asked to contact Officer Marc Lawrence at <mlawrence@batavianewyork.com>.

Photos: Town of Batavia Fire Department awards and installation dinner

By Howard B. Owens

Paul Dibble, above, with Chief Randy McIntire, was named Firefighter of the Year for the Town of Batavia at the department's annual awards and installation dinner tonight.

Robert Mullen, top picture below, was honored for 233 calls in 2011, the most of any member of the department.

In all, the department responded to 294 calls (98 were false alarms).

Department members completed 2,738 training hours, and in all members gave the department 5,419 hours for calls and training. At the average $50 an hour of a paid personnel department, the town saved $270,000 over what it might have spent, McIntire said.

Line officers for 2012 are Chief McIntire, Deputy Chief Paul Barrett, First Assistant Chief Daniel Coffey, Second Assistant Chief Nathan Fix, Captain Christopher Long, Lieutenant Robert Tripp, Safety Officer Robert Hunt.

Corporate officers: President John Fitzsimmons, VP Dustin Holman, Secretary Ryan Palmer, Treasurer Donald Koziol, and directors are Robert Mullen, Daniel Jacques, Jeremy Hunt, Tim Yaeger and Steve Coburn.

Assemblyman Steve Hawley served as master of ceremonies.

Justice Mike Cleveland conducted the installation of officers.

Highway Superintendent Tom Lichtenthal spoke briefly about the department's master plan.

McIntire with the plaque that displays the names of department members with the most training hours and calls.

Free Community Easter Dinner

By Robin Walters

Care-A-Van Ministries will be holding their Annual Free Community Easter Dinner. It will be held Easter Sunday, April. 8th from 2:00 PM until 4:00 PM.  It is being held at the Assembly of God Church on 24 North Spruce Street.

All are welcome. Reservations are appreciated but not necessary. Call 585-343-0328.

 

It

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Ken and Jeannie Veltz living the life of their own musical journey

By Howard B. Owens

One of the annual features of the Ramble Music and Arts Festival in Batavia is the community ramble story -- it's built one paragraph at a time by whomever wants to jot down a few words.

The story has no clear plot and nobody knows how it's going to end.

At the 2011 Ramble, Ken and Jeannie Veltz realized maybe it was time to write there own ramble tale. With nothing holding them down or holding them back, they decided to sell nearly everything and hit the road with no way to make a buck except to find places to play their music.

"There was no one really who depended on us having a house or having anything, so we just said, 'let's roll the dice,' " Jeannie said.

The journey has carried them from their former home in Cold Spring to NYC, and through Maryland, Virginia, North Carolina, D.C., and even Batavia and Medina.

"It's been 278 days and literally we don't know what's next," Ken said.

One thing they lack that traveling musicians need to supplement their income is a CD to sell.

To help them get a CD recorded, properly mastered and pressed, the singer-songwriting duo figures they need to raise $7,500.

To accomplish that, they're working through a site called Kickstarter, which exists to help artists find funding for projects by soliciting donations from friends, fans and strangers intrigued by the project.

Kickstarters are all or nothing efforts -- if an artist can't get enough people to pledge the bankroll, the site collects nothing from the potential donors and the project isn't funded.

So far, the Veltz project has 17 backers and has raised 22 percent of its goal, which Ken said is generally considered a pretty good start. (To check out the Veltz Kickstarter project, click here.)

The musical journey for Ken Veltz began in Batavia.

Name Batavia musicians from the 1960s, from Bill McDonald to Jim Palumbo, and Veltz knew them or played with them.

"I coined the phrase that you can't throw a pizza across Main Street without hitting a musician, or visa versa," Ken said. "We had so many of both."

In the mid-1960s, Veltz was a member of the Squires, but when he graduated from high school all he wanted of Batavia was its skyline in his rear view mirror.

He moved to New York City and started a music career, and typical of musicians of the 1970s, there was plenty of drugs and booze to go with the gigs and good times.

It wasn't long before a major record label took an interest in his music, and Ken figured he had it made.

"People told me I was a good songwriter," Ken said. "I thought I was a good songwriter. I was respected there and I know I have a gift. What I didn't count on was the many setbacks that have come along the way."

Veltz said drugs and alcohol and just screwed-up living killed his first shot at a major label contract, and record label politics would dampen future opportunities.

He moved back to Western New York, joining the house band at the Murray Hotel, where Veltz also tended bar.

Some friends introduced him to a Literature major at SUNY Brockport, Jeannie Eagan.

Ken remembers her as shy and quiet, delicate and refined.

Nothing much happened between them until somebody told him Jeannie had written a song for a mutual friend's wedding, but she needed help finishing it.

"'Little Jeannie wrote a song?' I said. 'I didn't even know she could talk.' "

Ken went over to her place, helped her finish the song -- the last one they would write together until just recently -- and a 38-year-long journey together began.

Once married, they moved back to NYC area.

Another record deal came Ken's way, but internal strife at the company sabatoged it.

The Veltz family grew. They had three children -- Andrew, Laura and Allison. As the children grew up, they became musicians. The children formed a band and performed Ken's songs. When Ken and Jeannie joined the band, it became Cecilia, and the band was signed by Atlantic Records.

The deal came just as Atlantic was going through a shake-up following the AOL-Time Warner merger, and the band's career stalled.

There were also some medical issues for the family, so Cecillia stopped touring.

Amidst these life-changing events, Ken was having a bad day, and the weather was terrible. He was sitting outside, looking at the dark, heavy clouds above, and a bit of sunlight and blue sky poked through.

He said he realized, that's life -- the storm clouds are temporary, the blue sky is permanent.

The lyrics flowed from there.

Making peace with a life unraveled
Weightlessness is the way to travel

The song became "Flying," and will be the title track of the CD Ken and Jeannie hope to record through their Kickstarter project.

Jeannie said getting rid of their home and most of their possessions wasn't scary at all, but liberating.

"It's an amazingly free feeling, gathering what is essential and gathering up what means something to you," Jeannie said. "Most of what we sold was stuff that we would go to other people's garage sales and buy, stuff that didn't really mean anything to us."

Part of what enabled Ken and Jeannie to live the life of musical ramblers is that their children have grown and moved onto successful careers of their own. 

Andrew -- whom Ken said is one of the best guitarists he's ever played with -- has two children and is a successful videographer.

Laura and Allison both live in Nashville now and are making waves in Music City.

Allison Veltz got a publishing contract with a divison of Sony Music after her song "Mr. Taxi" (English verson sung by Allison) reached number one in Japan.

Laura Veltz was signed by Warner Records and her songs have been recored by several established country artists (you can listen to several of her songs on her website).

Ken thinks he and Jeannie will be watching their daughters on the Grammy Awards some time soon.

The New York Post did a story about Ken and Jeannie's ramble adventure, Ken said, and the writer made it sound like the duo was still chasing -- at ages 60 and 61 -- the Pop Star Dream, but that isn't right at all, Ken said.

"A lot of people think, what are you thinking, you think there’s going to be a line outside of Tower Records?" Ken said. "No we don’t. That’s not what we’re about at all. We just want to make a living doing what we do."

What Ken doesn't want to do is give up on a career that still has a chance to continue and maybe find new areas of success.

"I just can't stop fighting for it," Ken said. "A lot of people give up their dreams. It’s like escaping from prison. You’re in the tunnel and digging with your fingernails and the dirt looks, taste and smells just as it did when you started digging, just as it does when you’re four inches from freedom. A lot of people let their dreams die in the tunnel."

After another week in Batavia, Ken and Jeannie head to NYC for a month where they will play some shows and try to raise more money for their project.

From there, who knows -- Nashville, maybe Austin, maybe Gatlinburg, Tenn. They'll just ramble until they get to where ever they're going.

"We don’t know exactly what the destination is at this point, but I think we’ll know when we get there," Jeannie said.

Photos: Top and bottom photo by Howard Owens. Bottom inset photo by Howard Owens, taken at the 2011 Ramble. Top inset photo, of the Squires, from the official Ramble Music and Art Fest website.

Police looking for alleged shoplifter from Tops

By Howard B. Owens

A white male, who is suspected of shoplifting, has reportedly just run from Tops Market toward Kmart.

He's described as wearing a white shirt and white ball cap.

Batavia PD is responding.

UPDATE 4:52 p.m.: The suspect reportedly jumped into a white, compact car with a partial license plate of "FCE."

UPDATE 5:46 p.m.: Sounds like the vehicle has been located after police received a tip regarding its location.

Photo: GSO strings workshop for music students

By Howard B. Owens

Music students from nearly a dozen communities were in Batavia today for a strings workshop sponsored by the Genesee Symphony Orchestra.

The goal of the workshop was to prepare students to play in a concert April 29 at Elba Central School alongside members of the GSO.

Maestro Raffaele Ponti led the workshop assisted by string teachers Jonathan Jaeger, Andrea Meier, Annie Wright and Claudia Diebold.

While most of the students were children, adult students were also welcome.

Students attended from Perry, Pavilion, Elba, Batavia, Albion, Brockport, Pittsford, Wyoming, Middleport, Le Roy and Corfu.

The two pieces practiced today were "Dance of the Tumblers" from the "Snow Maiden" by Rimsky-Korsakov and "Barcarolle" from "Tales of Hoffman" by Offenbach.

Sprout Film Festival comes to Batavia on Saturday

By Howard B. Owens

Donna Saskowski, executive director of Genesee County ARC, told Jay Moran on WBFO that once people experience the Sprout Film Festival, "they'll never forget it."

The festival is Saturday at 1 p.m. and 5 p.m. at the Genesee ARC Community Center, 38 Woodrow Road, Batavia.

Moran produced a four-minute segment about the festival. Click here to listen.

Batavia man accused of using tire iron during fight in Caledonia

By Howard B. Owens

A Batavia man already facing up to seven years in prison for a crime in Rochester is being accused of assaulting another man with a tire iron during a fight behind a restaurant in Caledonia.

Matthew Norstrand is being charged with assault, 3rd, and criminal mischief, 4th.

A year ago, Norstrand was involved in a fatal hit-and-run accident in Rochester and was out of jail pending sentencing.

Last week, Norstrand was allegedly involved in an altercation with Austin Costrino, 26, of Holley, behind Q's Restaurant in Caledonia.

Costrino allegedly pulled out a knife before getting into his car. He allegedly drove back to Norstrand's location and the two men continued to argue. Norstrand allegedly pulled out a tire hire and beat Costrino.

The investigation began after Costrino's father contacted police, reporting that his son was hospitalized with head injuries.

Costrino is charged with menacing, 2nd.

(Source: WHAM13)

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