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Paper reports extradition paperwork filed, but accused criminal may go free

By Howard B. Owens

William John Riley may be one of the luckiest accused criminals in New York.

Riley, who was arrested in Batavia on May 19, is wanted in Illinois on a home repair fraud case, but because the proper paperwork for his extradition has not reach the Genesee County District Attorney's office, he may soon go free.

If he does, he need never worry about about extradition from New York.

But it isn't like Illinois hasn't tried to bring Riley to justice. The Daily Leader in Pontiac, Ill., reports that the Illinois governor's office there did in fact request extradition from Gov. David Paterson's office.

Livingston County Sheriff’s Police Chief Ken White said this morning that sheriff’s police had received a letter on Aug. 6 from Gov. Pat Quinn’s extradition office saying a letter of request for extradition of Riley had been sent to the governor of New York.

“That was really the last informational update we have received on this case,” said White.

“This morning, we have talked to the Genesee County Sheriff’s Department and they have informed us that Mr. Riley, in May, posted $2,500 bond on the Livingston County charges and does not have to reappear in court until the extradition hearing.

“Apparently the paperwork is hung up in the New York governor’s office and when it is received in the Genesee County courts Riley’s lawyer will be notified and a hearing date will be set.”

But once 90 days have passed from the time of Riley's initial arraignment -- Riley was arrested on the May 19, but it's not clear yet when he was arraigned, but most likely no later than May 20 or 21, which means 90 days holding time expired today or tomorrow --  he can no loner be held by New York.

Once he's freed, he cannot be detained on the same charges.  So long as Riley remains in New York -- he better like high taxes and cold winters -- he cannot be extradited.

The wrinkle is that Riley is out on bail, so maybe the 90 days doesn't apply.  Judge Robert Noonan is expected to rule on that technicality soon.

'Fajita flare up' sets off fire alarm at Margarita's

By Howard B. Owens

Apparently a fajita skillet at Margarita's got a little hot and set off the fire alarm. 

City fire units were dispatched, but a first responder sounded the "all clear" pretty quickly.

"Dispatch, you can disregard," was the first responder's message. "They had a fajita flare up."

Dispatch: "Copy. Fajita flare up."

If you don't eat much Mexican food and are unfamiliar with "fajita," this from Wikipedia:

In many restaurants, the fajita meat is brought to the table sizzling loudly on a metal platter or skillet, with the tortillas and condiments served on the side.

Additionally, some restaurants keep a flame burning under the skillet.

True fajita is beef skirt steak, but most restaurants also serve chicken and shrimp fajitas.

City firefighter use hot day to train for water rescues

By Howard B. Owens

With Monday's hot weather, city of Batavia Firefighters took to the water yesterday, according to a press release from the firefighters' union.

Firefighters conducted training at DeWitt Recreation Area on Cedar Street, where they deployed a 16-foot aluminum boat with a 6 hp engine and also rolled out Engine 12, which comes equipped with Coast Guard-approved life vests, rescue ring and several hundred feet of rope.

There are 58 acres of water (ponds and lakes) within the city's first-response area, and 2.75 miles of Tonawanda Creek, plus numerous pools.

"The rapid deployment craft is the most versatile piece of water rescue equipment in service with the City of Batavia," wrote Robert Fix II. "It is quickly inflated and can be used in many situations including open water (DeWitt Recreation Area),  swift water (Tonawanda Creek)  and ice rescues. It is particularly well suited for rescues at low head dams like the one located behind the county courthouse."

UFC fighter Matt 'The Hammer' Hamill to appear at Dwyer for Muckdogs game

By Howard B. Owens

Matt "The Hammer" Hamill, a UFC fighter with Western New York ties, will appear at Dwyer Stadium on Saturday when the Batavia Muckdogs take on the State College Spikes.

Game time is 7:05 p.m.

Hamill will be on hand to sign autographs for an hour before game time, and for an hour after he throws out the first pitch.

The popular UFC fighter attended RIT and while a student there, he was was a three-time NCAA Division III National Champion in wrestling.

Matt, who is deaf, also has a silver medal in Greco-Roman wrestling and a gold medal in freestyle wrestling from the 2001 Summer Deaflympics.

He was a contestant on the third season of The Ultimate Fighter reality television show, training under Tito Ortiz in the 205 lb weight class. He is currently 7-2 in his 9 professional Mixed Martial Arts fights.

Ladies' Night at The Mane Attraction

By Howard B. Owens

Last night was Ladies' Night at The Mane Attraction on E. Main Street, downtown Batavia.

The monthly event brings together members of the community along with more than a dozen local businesses. It's a chance to learn more about the local businesses, as well as receive educational material related to a topic important to women.

Last night's theme was "Domestic Violence Awareness."

There was a raffle, Chinese auction and "awareness pins" handed out.

The event raised $180 for YWCA.

Picture provided by Byron Ariyaratnam, co-owner of The Mane Attraction.

The next Ladies' Night is Sept. 21 at The Mane Attraction, from 5 to 8 p.m. The theme will be "Ovarian Cancer Awareness."

Batavia man allegedly brandished BB gun, leading police on late night foot pursuit

By Howard B. Owens

A man with an unloaded BB gun sent Batavia police on a late night search for a subject with "a handgun" in the area of Chestnut and Kibbe streets last night.

Jason P. Wickson, 27, of Orleans Ave., Batavia, was arrested after a brief foot pursuit through the Kibbe Park neighborhood on the south side of the city.

It was only after Wickson was arrested that officers discovered the gun he allegedly brandished shortly after midnight was an unloaded BB gun.

Wickson was charged with menacing and obstructing governmental administration.

Police say Wickson displayed the gun "in an attempt to place another in fear."

The pursuit began when police officers arrived at 7 Chestnut and reportedly ordered Wickson to "show his hands."  Wickson allegedly turned and ran.

Wickson ran from yard-to-yard in the area of Kibbe and South Jackson, eventually being taken into custody in a residential backyard without further incident.

Wickson was arraigned this morning and sent to jail on $5,000 bail.

Officers responding to the scene were E.E. Bolles, Dan Coffey and Lt. G.Q. Steele.

Previously: White male reportedly carrying handgun taken into custody near Kibbe and South Jackson

Overnight car break-ins continue, but this time with a twist

By Howard B. Owens

More than a half dozen cars were ransacked over night, according to reports this morning, but very little was taken.

Many callers to the dispatch center this morning say somebody went through their cars, rifling through glove compartments and looking through other areas of the car, but the callers haven't found anything stolen.

The person or persons going through the cars have left behind spare change, radar detectors and other valuables. One man reported his wallet with $50 cash in it was left behind.

Two bicycles left in a car were reportedly stolen.

UPDATE: At our request, Det. Rich Schuaf provided a description of the bikes and he added a reminder about securing your property.

Taken from 11 N. Lyon St. during the night.
1. Schwinn, Gold/White, Girls, 26", 18 spd. Mt. Bike.
2. Schwinn, Maroon, Boys, 26", 18 spd, Mt. Bike.

Reminder: Secure bikes with locks or in garage. Also remember to lock car doors. None of the latest reported incidents of theft have come from locked cars or secured garages.

Could Batavia lose the Muckdogs?

By Howard B. Owens

The Democrat and Chronicle engages in some idle speculation, raising the possibility that this could be the last year of baseball in Batavia.

The article leaves the impression that the writer has spoken with officials of the Red Wings and that the operator of the Muckdogs is undecided about the Muckdogs' future.

The average attendance this year has been 988. The article says that's down from 1,199 last year, but doesn't note that the Red Wings have instituted something new in counting attendance at NY-Penn League stadiums: Telling the truth. There's no inflation in the count this year.

The Red Wings would get only 10 percent of the sale price if the team were sold prior to next season.

Police Beat: Teens arrested for allegedly getting on roof of Batavia High School

By Howard B. Owens

Shane M. Ramos, 18, of 16 Hutchins Place, Batavia, and Joshua M. Barber, 18, of 7380 Griswold Road, Bergen, are both charged with criminal trespass. Ramos and Barber allegedly got onto the roof of Batavia High School on Aug. 11. They were arrested yesterday. Ramos faces an additional charge of petit larceny for allegedly taking computer accessories. The case was investigated by Officer Wayne Fenton.

Michael P. Murphy, 24, of 39 Columbia Ave., Batavia, is charged with DWI, DWI with a BAC of .08 or greater and endangering the welfare of a child. Murphy's car was reportedly stopped following the complaint of another driver about an erratic vehicle. Murphy allegedly had a child with him in the car at the time.

Luke W. Ritzenthaler, 26, of Byron (no address given), is charged with unlawful possession of marijuana. Ritzenthaler was reportedly ticketed by State Police at 7:55 a.m. yesterday.

White male reportedly carrying handgun taken into custody near Kibbe and South Jackson

By Howard B. Owens

Batavia Police have just apprehended a subject who was reportedly seen with a handgun in the area of 7 Chestnut St.

The suspect, described as a white male with short hair, wearing a black hoodie with the hood down, and barefooted, was taken into custody in the area of Kibbe and South Jackson streets.

Officers were apparently on foot as they searched for the suspect, who was seen heading down Kibbe, lost for a minute, and then seen heading east across Kibbe. A few minutes later, a Batavia police officer informed dispatchers that he had the suspect in custody.

There are no reports of shots fired at this time.

UPDATE 8:52 a.m.: The man was reportedly carrying an unloaded BB gun.


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Truck suffers break down in middle of Oak Street roundabout

By Howard B. Owens

A semi-truck was temporarily stuck on Oak Street roundabout this evening.

The cause may have been a broken air line to the brakes, according to Batavia Police Officer Chris Camp. 

The line may have broke because of the current height difference between the brick inner turning circle and the outer asphalt area.

The truck was stuck on the circle for only a short time. It was no longer on scene by the time I arrived and I live close by (hence, no picture).

For those who don't know, as Camp explained to me, air brakes on trucks work differently than car brakes. On trucks, the brake pads are separated from the wheel and held apart by air pressure. In this case, when the air line broke, the brake pads contracted, causing the tire to stop spinning.

Batavia police announce results of Phish-related check points

By Howard B. Owens

Batavia police officers issued 15 tickets at two checkpoints set up Thursday night in conjunction with the Phish concert at Darien Lake.

The checkpoints were on Pearl Street and Clinton Street.

Three arrests were made. Two were reported this morning.

A third arrest was of Sara Hill, of North Canton, Ohio, who was allegedly driving an unregistered vehicle with improper license plates. She also allegedly had no insurance. According to police, Hill has a DWI conviction in Ohio and is required to drive a vehicle with special license plates. Hill, who reportedly said she was heading to the Phish concert, reportedly told police she didn't want to drive her vehicle with the restricted license plates to the concert, so she took plates form her garage and put them on her car. The plates had reportedly been stolen previously. A possible charge of possession of stolen property is pending.

Man arrested on warrant in Batavia in May still not extradited, may go free

By Howard B. Owens

A man wanted in Pontiac, Ill. on a home repair fraud charge, who was arrested in Batavia on May 19, may go free because, apparently, the governor's office in Illinois has failed to file an extradition request.

At least, no request has reached the Genesee County District Attorney's Office, according to Will Zickl, an assistant D.A.

It's also possible, the request never made it out Gov. David Patterson's office.

Normally, it would be up to the Illinois governor's office to contact the New York governor's office with such a request.

William John Riley, who was reportedly living in the Rochester area at the time of his arrest, was stopped May 19 for allegedly having excessively tinted windows on the vehicle he was driving.

Under state law, a person cannot be held more than 90 days without a proper extradition request. The clock would have started ticking at the time of his arraignment, a few days within the time of his arrest.

Riley is out on bail. He was reportedly scheduled to appear in court today along with his attorney, Mike Ranzenhofer, at 1:30 p.m. Neither Riley nor Ranzenhofer were apparently in court at that time.

Sometime around 2:30 p.m., Ranzenhofer did meet with Judge Robert Noonan and Zickl in the judge's chambers.

Zickle said Ranzenhofer made a motion to dismiss the case, and Noonan requested that the motion be filed in writing.

It's unclear if Riley was in the courthouse today or where he is living. Ranzenhofer said during a phone interview later that he couldn't discuss the specifics of the case without his client's permission.

According to Zickl, a wrinkle in the case is that Riley isn't being held in jail, but is out on bail, which may change the 90-day limitation.

Ranzenhofer contends, in general, without discussing his client's case, that being held is being held, whether in jail or out on bail.

There's no word on when Noonan might issue an opinion on the motion.

Meet this week's dog and cat

By Billie Owens

I'm Cletus, an adult, neutered, male hound mix. They found me wandering around a dog competition. I was the wrong breed for the show, but I didn't care. I have a sweet personality and would make a great member of your family. Although I have tested positive for heartworm, I will be treated for it by Volunteers for Animals.

I'm Lucky, an orange and white female whose family had to move. They couldn't take me. I'm the kind of cat that needs very little to make me happy -- a soft bed, a sunny spot in the window. I'm a loving companion with much to offer. Please stop in and see me soon.

Adoption fee is $30

Unspayed/unneutered animals also require a $35 refundable deposit

The animal shelter is located at 3841 W. Main St. Road in the Town of Batavia. Visit Volunteers for Animals on the Web at <vol4animals.org>

Hours are:

Monday, Tuesday, Friday, Sunday from 1 to 3 p.m.

Wednesday 1 to 3 p.m. and 7 to 9 p.m.

Saturday 11 a.m. to 1 p.m.

General fire alarm at 400 Towers

By Howard B. Owens

City station is being dispatched to 400 Towers, 400 E. Main St., Batavia, for a general fire alarm.

Batavia resident, 22, continues to make impression on local hearts

By Tasia Boland

Danielle Eckert 22, of Batavia, has volunteered more than 500 hours in Genesee County and the number keeps rising.

Batavia High School gave Eckert a scholarship for college based on good character, commitment and community service. Today she has been nominated by her employer, Target, as "Best in Community." One nominee out of each Target district will be chosen to visit the St. Jude Children's Research Hospital in Tennesee.

"I was shocked because I didn't even know about this program," Eckert said, "but I was extremely happy and thankful."

She hopes she is selected so she can change the life of a child.

Her love for helping others started when she was in fourth grade. She helped out at a game night at Robert Morris Elementary.

"I just remember really enjoying helping other kids and getting to meet a lot of new people. It made me want to keep volunteering."

Eckert has a special place in her heart for volunteering and said it comes from her mother.

"In sixth grade I started doing the Walk for Juvenile Diabetes because my mother suffered from it. When she died, I was in seventh grade and I knew that I really wanted to continue doing what I could. It was sort of a remembrance for her, and it just grew from there."

While she maintains a busy schedule juggling work and events, she also makes time for her church, The Pentecostals of Genesee: United Pentecostal Church, in Batavia.

"The most important thing I gain is knowing I've made other people happy."

She is currently working on a talent show through Target to raise money for Muscular Dystrophy.

"It's still in the works and (needs) a lot of ironing out."

Volunteering isn't just about the rewarding experience for yourself, but also the effect it leaves on those you help.

" I remember one time when I was at work, a child around 10 ran up to me and asked, 'Do you remember me? You were the person in charge of my group at church.' She reassured me how much fun she had and (said) she was hoping to come back and work with me again. It's a nice reward when people remember you and look forward to seeing you at another event."

Eckert believes everyone should volunteer at least once in their lifetime. She said although she may be young, it seems everyone in general is too consumed with themselves.

"I've noticed people don't even really smile at each other or appreciate others. I think it's good to work together in a group, get to know people in your community, and help others."

She has a passion for art as well and is working on starting an art club with kids in second to fifth grade.

Here is a glimpse of some of the events she has volunteered for: YMCA Healthy Kids Days; Jackson School's Breakfast with Santa; Quiznos Subs; Children's Christmas event; craft fairs; Christmas in the City; National Night Out, Genesee County Fair; juvenile diabetes; Light of Hope (cancer support); fundraisers for troops/military support; and various church events

Disclosure: Tasia Boland is employed by Target.

Former Batavia firefighter, train museum owner, accused of sexual assault in Medina

By Howard B. Owens

A former Batavia firefighter who operates a train museum in Medina is accused of sexually assaulting a 27-year-old woman Friday at the museum and may have installed a videotaping system in the building.

Martin Phelps, 67, is accused assaulting the woman at 4:30 p.m.. Medina police have also removed an "extensive" videotaping system from the building.

Phelps bought the museum in 1991 and opened it in 1997 after spending six years remodeling the location.

He was remanded to Orleans County Jail on $5,000 bail.

(Source, the Batavia Daily News)

SolarX in former Pepsi-Cola building

By Tasia Boland

There's a new enterprise in the former Pepsi-Cola Bottling Co.'s distribution site in Batavia, which was based in the Crickler Business Building. SolarX now occupies this property, located at 319 W. Main St., as its primary distribution center.

SolarX sunglasses and ornaments are sold in mall kiosks nationwide.

Ben Mancuso, managing director at Chas. Mancuso & Son, Inc., represented both sides of the transaction.

"We have repositioned the facitily as a full-service business center," Mancuso said, "since the transition we have signed deals (with) 35,000 ft. of warehouse/distribution space and 4,000 ft. of executive office suites.

Tenants share a receptionist, conference rooms and lunch rooms. Given the current climate, we are pleased with the activity and very happy to have SolarX operating in Western New York."

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