batavia

Two Genesee County residents and one person from Rochester were arrested on suspicion of possessing -- with intent to distribute, and distribution of -- a controlled substance analog, synthetic marijuana.

U.S. Attorney General William J. Hochul Jr. announced this afternoon that Joshua Denise, 37, of Batavia, and Michelle Condidorio, 30, of Le Roy, were arrested and charged along with 22-year-old Austin Szczur, of Rochester.

The charges carry a maximum penalty of 20 years in prison and a one million dollar fine, or both. If the substances as described in the criminal complaint caused serious bodily injury, the punishment will be a mandatory 20-year incarceration and a maximum of life in prison, if convicted.

A full report from Howard with information from the DEA and State Police will be published tomorrow.

A 30-something woman walked out of the 420 Emporium at 400 Ellicott St., Batavia, this morning and told a police officer standing near the door, "Well, I picked the wrong day to come here."

Minutes before, at precisely 11:30 a.m., law enforcement officers from multiple agencies and led by an agent from the federal Drug Enforcement Administration swooped into the head shop and executed a search warrant aimed at finding evidence of illegal synthetic drug sales.

Two people believed to be employees of the 420 Emporium were taken into custody and four boxes of product marked "DEA Evidence" were removed from the store.

The raid was an apparent coordinated effort by DEA agents throughout the United States to go after the distributors of "bath salts" and other synthetic drugs.  News reports from around the country so far report bath salt-related raids in Boston, Albuquerque, Tampa, Texas and Utica.

The 420 shops in Brockport and Fulton were also raided as was the home of Charles Fitzgerald and Amber Snover at 21 West Hills Estate, Greece (mailbox, inset photo, courtesy Sean Carroll, WHAM13).

A warehouse in Tonawanda was also raided and WIVB reports it was allegedly a major distribution point for synthetic drug-trafficking throughout Western New York. Fawzi Al-Arashi was arrested at his Amherst home in connection with that raid.

The names of the two people taken into custody in Batavia this morning have not been released, nor do we know yet what federal charges they might face. They were transported to Rochester federal court for arraignment.

Authorities at the scene of the raid were not able to confirm what substances, if any, were found. We can only report that investigators -- which included agents of the Local Drug Enforcement Task Force and the State Police -- were inside the shop for two hours. DEA agents entered with flat, folded boxes and left with boxes seemingly packed to the brim of items retrieved from inside the store.

One male believed to be an employee of the store was inside at the time of the raid. A second woman showed up about 12:45 p.m. and spoke briefly with a trooper outside the shop, giggling nervously and saying she came by "to see if I still had a job."

Less than two minutes after she entered the shop she was sitting in a chair with her hands cuffed behind her back.

The same woman had been in the shop and behind the counter seemingly waiting on a customer when a reporter from The Batavian entered the store on July 17.

While Batavia PD were on scene, numerous members of the community drove by the location on Ellicott Street and honked, gave thumbs up and yelled "good job" at police officers.

"It’s very nice to see the community is supporting the efforts that we are doing here today," said Chief of Police Shawn Heubusch.

Heubusch said the DEA enforcement effort was indeed a welcome one for the community.

"This is a big relief for the City of Batavia as a whole," Heubusch said. "The residents in this community have been plagued by a problem with bath salts. To see this effort, to see that the federal government has noticed this, it is a very big relief to the residents of the city and the police department."

Asked if it felt like it took awhile for DEA to act at a time when current laws kind of tie the hands of local law enforcement, or if the DEA action seemed swift, Heubusch said, "The old saying ‘good things come to those who wait’ applies here. As with any criminal action, you need to get all of your ducks in a row and make sure you’re on good legal solid ground. I think they acted swiftly in this case."

The actual investigation into 420 Emporium appears to have taken about two-and-a-half months, according to an affidavit filed in federal court in support of a DEA request for a search warrant.

The affidavit states that a confidential informant helped supply information about the operation of the 420 shops, the practices of its owner, identified as Charles Darwin Fitzgerald, and supplied possible evidence to agents.

According to the affidavit, Fitzgerald was previously involved with the Look A Hookah shop in Rochester and that the informant has witnessed Fitzgerald provide synthetic drugs to people to sample and test so he could determine the effect on the people and the effectiveness of the product.

Fitzgerald is reportedly romantically involved with Amber Snover and they have at least one child together and both reside at 21 West Hills Estate in Greece.

Fitzgerald is identified as the sole owner of the 420 locations in Brockport, Fulton, Rochester, Henrietta and Batavia.

The affidavit focuses on two types of "Amped" allegedly sold at the 420 stores. 
There is an older product that is a white powder and a newer product that is an off-white powder. Both products are allegedly distributed by a company out of Tempe, Ariz., called Dynamic Distribution.

DEA agents intercepted two shipments headed to Rochester. Allegedly, one was specifically addressed to "Amber" at 21 West Hills Estate. (The phone number associated with the shipment is one digit off, with a an "8" where a "3" should be for the number The Batavian used to request an interview with Amber Snover earlier this week.)

The second box allegedly listed the same recipient as the first box and notes the second box required a COD payment of $23,500.

The first box weighed 22.9 pounds and was allegedly shipped from John Freeman, 3360 Annapolis Lane North, Suite A, Plymouth, Minn. 

The DEA requested and received a search warrant in order to seize the packages.

Inside, agents allegedly found 2,000 grams of "Amped Exuberance Powder," 500 grams of "White Water Exuberance Powder" and 495 grams of "Snowman Glass Cleaner."

A lab test allegedly found the Amped contained alpha-PVP, benzocaine and caffeine, and those same substances were allegedly found in the other products as well.

Alpha-PVP is apparently an analog (something like -- and under the Federal Analog Act like enough to -- a controlled substance that it's illegal to sell) of MPDV, which was made a federally controlled substance July 9 and has been a controlled substance in New York for nearly a year.

Over the past two-and-half months, according to the affidavit, agents have made a series of undercover buys at all five 420 locations.

During the undercover operation, agents noticed each of the 420 locations had security cameras that the DEA believes allowed a person at a remote location to monitor activities at the stores.

Undercover buys of Amped were allegedly made in Brockport and Batavia on July 2 and July 3.

At other 420 locations, clerks are alleged to have detailed conversations with undercover agents about the use of specific synthetic drugs, including Amped.

Bottom photo, 21 West Hill Estate in Greece, the residence of Charles Fitzgerald and Amber Snover. Photo courtesy Sean Carroll, WHAM13.

A little while ago, an elderly man was reportedly walking down Main Street in Batavia with a pistol stuck in the front of his pants. His jacket was open and you could see "the weapon." A police officer told dispatch he had already spoken with the man, who was not packin' heat after all. He was conveniently carrying his fold-up cane, in case he needed it.

The 420 Emporium on Ellicott Street in the City of Batavia was just raided by the local Drug Enforcement Task Force, agents of the federal Drug Enforcement Administration, the Batavia Police Department, and State Troopers.

UPDATE 11:56 a.m.: This is one of a handful of raids being conducted in Central and Western New York at locations suspected of selling bath salts. Howard, who is on scene, says that when this went down neighbors came out and cheered the officers on, and one person shouted "We've waited a long time for this!"

UPDATE 12:03 p.m.: A few minutes ago, City Councilwoman Rosemary Christian drove by and yelled "Fantastic!"

UPDATE 12:07 p.m.: Any charges resulting from this raid will be federal.

UPDATE 12:57 p.m.: An employee showed up to work at the store and was immediately arrested.

UPDATE 1:21 p.m.: All units are clear from this location.

Over the past week or so the Batavia Police Department has taken delivery of two new cruisers.

The cars are based on the Ford Taurus but are officially known as Police Interceptors. The models are specifically designed for police work with all-wheel drive, specially designed traction control and suspension and special safety features for officers.

Batavia purchased the vehicles as part of a bid arranged by the county at a base cost of $23,000 each. The Sheriff's Office also has three of the vehicles on order.

Two Crown Victorias in the police fleet were used as trade-ins on the new vehicles.

Pictured with the cruisers are Officer Kevin DeFelice, left, and Officer Marc Lawrence.

The Town of Batavia Fire Department's annual Harley Raffle is Saturday and there are fewer than 120 tickets left.

Volunteers will be at the fire hall every evening between now and Saturday and if you haven't purchased your tickets yet -- or want to purchase more -- the members invite you to stop by and make a purchase.

Tickets are $20 each and enter you into a drawing for the Harley or $10,000 cash.

The big party begins at 8 p.m. and will feature music by 7th Heavan and food from Alex's Place along with a beer tent. If there are any raffle tickets still available Saturday night they can be purchased at the event prior to the drawing.

In the picture from left, Paul Dibble, Dan Koziol, Adam Mullen and Russ Borden.

The way Russ Walker sees it, the day is coming when the government bans the internet sale of electronic cigarettes, just as the state has done with tobacco cigarettes.

When that happens, Walker said, storefront locations offering the modern alternative to tobacco-based products will be in a good position to grow.

A couple of weeks ago, Walker opened R.W. Vapors at 224 Ellicott St., Batavia.

E-cigs are cigarette-shaped devices that are designed to deliver the sense of smoking. They contain a liquid that is heated and vaporizes. The liquid can be flavored and may contain nicotine in varying amounts, from none to a heavier concentration, depending on the preference of the consumer.

"I can't make health claims about e-cigarettes," Walker said. "It is an alternative to tobacco. You're not getting all of the carcenogens. There's no combustion."

Typically, e-cig smokers are people who want to get away from smoking tobacco, or use the product as a bridge toward quitting cigarettes.

While Walker sells novelties as well in his store, he said he won't knowingly sell his product as a novelty to somebody just looking to experiment with e-cigs.

"This isn't for anybody who isn't already on some form of nicotine," Walker said. "I don't recommend starting a nicotine habit if you don't already have one."

Walker also won't sell to minors, even though a state law regulating the sales of e-cigs based on age won't go into effect until January.

As for the liquid, Walker said he mixes all of the liquid himself.

"It's not imported from China," he said. "It's all made locally."

Walker said he sells a variety of flavors and can make custom-order mixes.

As for the novelties -- what he carries in his shop are decidedly old-school pranks and jokes. He said he knew his shop would need to offer a variety of products besides e-cigs so he picked a product line he said he's always enjoyed.

The store also carries some jewelry -- charms and bracelets.

The man suspected of at least one local church burglary went missing for about 30 minutes last night inside the Genesee County Jail.

Jail officials noticed at about 11 p.m., Tuesday, that John A. Cabrera Jr., 22, of Batavia, wasn't in his confined area inside the jail.

In accordance with escape procedure, deputies and Batavia police officers set up a perimeter around the jail at 14 W. Main St. and began a search for Cabrera.

The search included the Sheriff's K-9 unit.

About 30 minutes later, Cabrera was located hiding within the jail building.

Cabrera was transported to UMMC for treatment of minor cuts and then returned to the jail.

State troopers assisted at the scene.

The Sheriff's Office is investigating the alleged escape and the District Attorney's Office will be consulted today regarding possible criminal charges.

Following his arrest on a burglary charge, Cabrera was accused of damaging property inside the holding cell at the Batavia PD headquarters.

As I was out and about this morning, I kept seeing this group of youngsters in bright red shirts, walking this way and that, hither and yon, and going all about town.

While I was at city hall about 1 p.m., here they came again.

Ann Marie Starowitz was leading the group.

It turns out the 19 students are part of the Holland Land Office Museum Summer History Camp. Today was their first day and they went to the Batavia Cemetery and the Richmond Memorial Library to get a start on their study of local historical figures.

Robert Brown, an Albion resident, stands with his hot dog cart outside Batavia City Hall on Tuesday afternoon.

It's been about a decade since the city has approved permits for street vendors, but recently decided to start issuing them again.

Brown and his partners jumped on the opportunity and were the first vendors approved for a permit.

They've been running hot dog carts in Orleans County for a number of years.

"We found out the city was going to allow street vendors," Brown said. "It's been a while since it's been allowed, but we thought this would be a great city (for a hot dog cart)."

The hot dog stand opened on Friday and Brown said he and his partners will operate the cart from 11 a.m. to 4 p.m. Monday through Friday offering hot dogs, hamburgers and sausage.

Two homes in the City of Batavia were recently burglarized during the day and Batavia PD is reminding residents to report suspicious activity.

The homes were on Manhattan Avenue and Chase Park and the break-ins were reported Tuesday and Monday.

The homes were unoccupied at the time and jewelry and cash were stolen.

No further details were released.

Batavia PD can be reached at (585) 345-6350.

In an apparent attempt to intimidate news reporters from covering the activities of her stores, the woman who has identified herself online as the owner of at least four outlets of The 420 Emporium contacted law enforcement on Monday and accused The Batavian's publisher of harassing her.

A police officer with the Greece PD contacted Howard Owens at 9:18 p.m., Monday, and ordered him to not have further contact with Amber Snover.

Snover was the subject of a story on The Batavian on Monday identifying her as the self-proclaimed owner of 420 shops in Brockport, Fulton, Henrietta and Syracuse.  It's unclear if she also owns the Batavia store at 400 Ellicott St.

When contacted via phone on Monday, Snover denied ownership of all five locations and Owens followed up with a text message question and an exchanged ensured in which she accused Owens of harassing her even though it was his first contact with her.

Owens, who had identified himself clearly on the initial call, informed Snover further via text that he was a reporter with legitimate questions.

When Owens told the Greece PD officer the same thing, the officer told Owens he had no right to contact Snover, that she was "alarmed and annoyed" by the contact and that if he contacted her again "we will issue a warrant for your arrest."

The Public Information Officer for the Greece PD, Capt. Steve Chatterton, said today the contact by the officer was a typical courtesy call placed by a police officer at the behest of an individual who wanted to request no further contact.

Chatterton said no police report was taken and no charges are pending. He said if Owens felt obliged as a journalist to seek an interview in the future with Snover, an arrest warrant would not be automatic. He said the circumstances of the case would be reviewed with the Monroe County District Attorney's Office before deciding how to proceed.

Two subjects are reportedly fighting in front of a group of spectators on Washington Avenue. City police are responding.

UPDATE 3:14 p.m.: Upon arrival police found nothing. They checked the area and then returned to quarters.

Someone flagged down a medic at 106 Bank St. in Batavia. A person there has a minor head injury. It is not yet reported what caused the injury.

UPDATE 1:51 p.m.: An 18-year-old male is being taken to UMMC by Mercy medics with a laceration on the back of his head. No word on how this happened.

A car and bicycle accident is reported on East Main Street in front of the Miss Batavia diner. The bicyclist is said to have leg and hip injuries. City police, fire and Mercy medics are responding.

UPDATE 11:44 a.m.: The patient is a 15-year-old girl who complains of pain in her left hip and her neck. She is being transported to UMMC. She was not hit directly by the vehicle, rather when it turned, the two collided and she fell off her bicycle.

UPDATE 9:49 p.m.: A reader named Amanda asked us to post the following note:

The 15 yr old girl is my daughter. She is doing ok. From what she told me she was trying to go around a car that was not stopping or watching for anyone. the car was pulled out onto the sidewalk up by aldis. My daughter said she thought the driver would have seen her. And if the driver that was trying to pull out of aldis parking lot was paying attention and actually stopped at the stop sign that is there, that my daughter would not have tried to go around. My daughter also said there was a line of cars behind the one that wasn't paying attention. i am not saying my daughter is not at fault here, but that other driver is at fault too. And the driver that hit my daughter is just a victim of peoples stupidity.

I think cars should not be allowed to pull up on sidewalks as pedestrians have to use the sidewalks. The cars should have to wait by the stop signs as most people will not pay attention to pedestrians. I had to pull my kids back from that very spot several times because cars do not stop at that stop sign, they just go to the edge by the road. Today could have been prevented if people follow the driving rules and actually payed attention.

Another thing for that driver who hit my daughter, I would like to let you know that my daughter is doing ok, just sore and bruised. My daughter said you were crying and everything. i do not hold you responsible from what I was told. I am sorry you and my daughter had to go through this today.

Press release:

Today, Senator Charles E. Schumer announced a critical funding commitment for the Genesee Gateway Local Development Corporation (GGLDC) through the Economic Development Administration (EDA), to complete essential infrastructure improvements at the Genesee Valley Agri-Business Park (GVAB) in Batavia.

In March of 2012, Schumer urged the EDA to support the ag park’s water system after the GGLDC applied for a $1 million investment from the EDA Public Works Program, which will go toward infrastructure improvements needed to support Muller-Quaker partners' -- Theo Muller Group and PepsiCo -- new $206 million yogurt manufacturing facility in the ag park.

Today, the EDA notified the GGLDC that the agency was granting it a $1 million preliminary award pending receipt of final supporting documents.

“This federal investment will mean more jobs and economic activity in Upstate New York, and more demand for our dairy farmers’ product. It is great news for the Genesee County’s Agri-Business Park that further solidifies Upstate New York’s place at the top of the rapidly expanding Greek yogurt production industry,” Schumer said.

“I urged the Economic Development Administration to support this project so that Genesee can pave the way for a major new water system at the Agri-Business Park in Batavia, helping to sprout hundreds of new jobs and Pepsi’s new Greek yogurt plant.

"The Agri-Business Park is going to be a huge driver of jobs and economic growth, and it’s clear that EDA agrees we need to make this investment to create jobs and new markets for our farms and dairies. The EDA made a smart choice and will get real bang for their buck with this investment.”

In March of 2012, Schumer wrote and personally called EDA Acting Assistant Secretary Matthew Erskine to issue his support and noted that this investment would allow the ag park to construct an aquifer-direct water system, which is required for food processing and yogurt-product manufacturing.

The federal award will also help the project leverage millions in private-sector investments and will create approximately 186 jobs at the plant, all while providing a critical boost as Genesee County and Upstate New York work to keep pace with the lucrative and fast-growing yogurt production industry.

The GGLDC will use the $1 million, plus a local match, to construct an aquifer-direct water system required by food processors as municipal water is not optimal for the manufacturing process of yogurt products.

In addition to PepsiCo’s Muller-Quaker plant, the aquifer system will be utilized by other tenants at the park, such as yogurt product producer Alpina Foods. Alpina is in the process of constructing a 40,000-square-foot yogurt processing facility in the ag park and anticipates beginning production late this summer with the hiring of 50 new employees.

Schumer highlighted the fact that multiple economic development projects would be set to utilize this aquifer system once constructed, and noted that the project fits squarely in line with the administration’s focus on developing regional clusters of growth in specialized high-tech manufacturing.

This funding will help Genesee County close an over $1 million funding gap needed to upgrade the park’s road and sewer infrastructure to accommodate forthcoming new tenants like Muller-Quaker, Alpina, and Genesee Valley Mushroom.

In May, Schumer led the effort to secure $105,000 from the USDA to upgrade an essential pump station necessary to increase the park’s wastewater system’s capacity to support the park’s new tenants. To overcome the last of this funding gap, Schumer is also spearheading an effort to secure a $200,000 grant from USDA to construct the required secondary access road into the park. The USDA expects to announce winners of that grant within the next few weeks.

Earlier this year, Schumer urged Muller-Quaker partner PepsiCo, to source as much of the milk for their product as they can from New York’s dairy farmers. The new plant, to be built in Batavia, will create 186 jobs primarily around the manufacturing of various Greek yogurt products. Schumer noted that the plant will be the largest manufacturing operation to locate in Genesee County in the past 50 years.

Dairy processing has significantly increased, thanks to the opening of several new yogurt plants in the state, and the new Muller-Quaker plant represents the latest opportunity to increase demand for New York dairy products, a welcome boost for New York’s long-suffering dairy farmers.

The EDA Public Works Program provides funding for distressed communities to revitalize and upgrade physical infrastructure to attract new industry, encourage business expansion, and diversify local economies.

The Economic Adjustment Assistance Program helps address the needs of communities experiencing adverse economic changes that may occur suddenly or over time caused by international trade, long-term economic deterioration, loss of major community employer, or loss of manufacturing jobs. Funding can be used for infrastructure improvements like sewers.

And they're off ... for the 66th season, there is live harness racing at Batavia Downs.

More than 3,000 racing fans turned out for opening night and they witnessed Shawn Gray, who captured Buffalo's 2012 driving title, notch three wins.

Two other of the nation's top drivers, Dan Noble and Jim Morrill Jr., were also featured on the night.

Route 33 is being shut down at Angling Road for an ATV vs. gas meter accident with a possible gas leak.

East Pembroke Fire Department on scene. Corfu fire police responding for road closure.

UPDATE 10:22 p.m.: All houses from the east of the incident location have been evacuated.

Two common questions around town about The 420 Emporium at 400 Ellicott St., Batavia, are "who owns it?" and "what does 420 mean?"

On the ownership question: Neither the City of Batavia nor Genesee County require business licenses. The store has not applied for (and apparently doesn't need) any sort of variance to operate nor has it applied for a sign permit. Technically, the store owner should apply for a "doing business as" fictitious name statement, but The 420 Emporium in Batavia has not done that, according to available records.

Amber Snover (inset photo), a Rochester resident, claims ownership on her Facebook page of the Brockport, Fulton, Henrietta and Syracuse outlets. 

This afternoon, The Batavian called Snover and asked if she owned the Batavia store. She claimed she did not. She also denied ownership of the Brockport, Fulton, Henrietta and Syracuse locations. She then hung up the phone.

We followed up with a text message and pointed out that she claimed ownership of the stores on her Facebook profile and she accused The Batavian of harassing her.

We then tried to call Joshua L. Denise, a Rochester resident who reportedly works at The 420 Emporium location in Batavia, and asked if he or Amber Snover owned the store and he immediately hung up the phone.

Snover represented The 420 Emporium at a Village of Brockport meeting in November after apparently running afoul of zoning rules that required a change of use permit for the 420 location at 14 Market St. The location had previously been a tattoo parlor and apparently Brockport's planning department needed to be notified of the change from service to mercantile.

Snover, according to the board minutes, said she was ignorant of the village's ordinance on the matter and apologized for not applying for the change before opening.

According to the minutes, Snover reportedly said she owned the store in Fulton.

Board members expressed concern about the depictions of marijuana in the shop's window and questioned why the store was open until midnight.

She reportedly said "that's when the sales are the highest."

Snover reportedly told board members she was previously employed at Look ah Hookah in Henrietta. That location was recently named in a lawsuit filed by the Attorney General's office aimed at curbing bath salt sales.

From the Viilage of Brockport Planning Board minutes:

Member Winner inquired what state agency determines what is appropriate in her store and she replied ATF. He asked if she had had any trouble with them and she said no, as a matter of fact, she just contacted ATF last week to see if it is okay to ID people at the door; they said it is fine. When asked if there had been any complaints filed with state or federal agencies, she said no. She was at her previous store less than one year and did have a fiduciary responsibility in that business.

At the time of the meeting, November 2011, Brockport PD reportedly walked through the store and found no illegal items on sale.

Snover reportedly gave two explanations to the board for the name "420 Emporium." One was that "420" is code for marijuana; the other that it was the date of a former partner's birthday.

The history of 420 as a code for marijuana goes back to 1971 when a group of San Rafael, Calif., high school students who called themselves "The Waldos" used to meet at 4:20 p.m. at a statue of French chemist and microbiologist Louis Pasteur to plan their search for a supposed secret, hidden cannabis crop in the area. By legend, 4:20 is the socially acceptable time to smoke marijuana.

Snover is also listed in domain name records as the owner of the420emporium.com, which she registered in February.

We are awaiting delivery of incorporation records from the NYS Division of Corporations, which should list the owner(s).

UPDATE 6:55 a.m., Tuesday:  It turns out the Monroe County Clerk's Web site has a copy of The 420 Emporium's incorporation application available. It lists a Charles D. Fitzgerald as the person who incorporated the company. Fitzgerald is mentioned as the owner of The 420 Emporium in Fulton in a story about his arrest on 42 counts of criminal possession of weapon when police allegedly found 43 brass knuckles in the store.

Fitzgerald, 36, the story notes, had a prior criminal conviction. The police made the arrest following an investigation into a reported theft of "incense" from the store. Fitzgerald was arrested in November. The incorporation application was filed in August. It lists the same address in Rochester that is associated with the domain registration for the420emporium.com, which lists Amber Snover as the owner of the domain.

Note that Snover mentioned a "former partner" in the hearing in Brockport, according to the minutes. Further research on the property address associated with the incorporation and the domain registration indicates it's actually in Greece, not Rochester.