batavia

A 43-year-old Batavia resident admitted in Genesee Count Court this week to one count of sexual abuse, 1st, for a sexual act involving a woman deemed to be incapable of giving consent.

Adam Brokaw, of Northern Boulevard, faces up to 10 years on probation and six months in jail following the guilty plea.

Sentencing is scheduled for 2:30 p.m., April 26.

Brokaw, at the time of his arrest in July, was a corrections officer at the Albion Correctional Facility.

Investigators said at the time that the incident took place at 2 a.m., Nov. 11, 2017 after a party at his residence.

On March 13, Kenyon was charged with criminal sale of a controlled substance in the fourth degree and conspiracy in the fourth degree. 

Kenyon is currently in the Wyoming County Jail in lieu of $15,000 cash bail, while Beck, who was arrested on the same charges March 8, has since posted bail. 

The Wyoming County Drug Task Force is a multi-agency unit with members from the Sheriff’s Office, Warsaw, Perry, Attica, and Arcade Police Departments, which all participate.

Tonya Lee Buzzell, 36, of Liberty Street, Batavia, is charged with: third-degree bail jumping; false personation; violation of the Family Court Act; criminal possession of a controlled substance in the seventh degree. Buzzell was located in Erie County and arrested on March 13 on four warrants then turned over to the Genesee County Sheriff's Office. Following her arraignment in Genesee County Family Court, she was released on her own recognizance. Next she was arraigned in Batavia City Court regarding the false personation charge and released on her own recognizance. Afterward, she was jailed in lieu of $1,500 bail on the criminal possession of a controlled substance charge and $10,000 bail on the third-degree bail jumping charge. Additional charges may be pending. She is due in city court April 24. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Thomas Sanfratello.

Sharnice Shantell Gibson, 27, of Frank Street, Medina, is charged with: aggravated driving while intoxicated -- with a passenger less than 16 years of age; DWI; two counts of endangering the welfare of a child; and loud exhaust. Gibson was arrested March 14 on Alleghany Road in Alabama following a complaint of an erratic driver. She was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. She is due in Town of Alabama Court on April 4. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Erik Andre.

Jamie Leigh Ayala, 39, of Walnut Street, Batavia, is charged with fourth-degree grand larceny and petit larceny. Ayala was arrested at 6:29 p.m. on Feb. 28 at Palm Island Indoor Water Park on Park Road in Batavia after allegedly stealing and preventing the return of a wallet containing three credit cards and other personal documents while at the water park. Ayala is due in Batavia Town Court on April 4 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack.

Submitted photo and press release:

Please join Genesee Cancer Assistance on Thursday, April 11th, from 4 to 7 p.m., at Ascension Parish Hall (17 Sumner St., Batavia) for Joe Gerace's Annual Spaghetti Dinner. 

Dine in or take out. Dinners are $10 for adults, and $7 for children ages 5 through 12 years. Dinners for children under 5 years old are free. As in years past, complementary dinners will be available to any veteran or active duty military. There will be ample parking, and the facility is handicap accessible.

The dinner will include various raffles: a 50/50 raffle, $100 money tree, wine & chocolate baskets, and more! Winners do not need to be present.

All proceeds will benefit Genesee Cancer Assistance. 

Genesee Cancer Assistance, cofounded in 1995 by Dorothy Schlaggel and Russ Romano, is a community-based, volunteer organization through which cancer patients and their families living in Genesee County have access to financial aid and a variety of support services. Since its founding, Genesee Cancer Assistance has been fortunate to assist thousands of individuals; hundreds each year.

A lifelong Batavia resident, and one of the original members to sit on GCA's board of directors, Joe Gerace was passionately committed to helping people afflicted with cancer. He is the originator of the Simply Beautiful program and the Spaghetti Dinner that is held in his honor each year. Joe gave selflessly to the mission of Genesee Cancer Assistance until he lost his own courageous battle with cancer on Nov. 17, 2016.

Call the GCA office for more information, or to purchase your tickets in advance: (585) 345-0417.

A 39-year-old resident of West Main Street Road, Batavia, has been arrested and accused of selling a quantity of methadone to an agent of the Local Drug Task Force on two occasions.

Leona J. Polk is charged with two counts of criminal sale of a controlled substance 4th, a Class C felony.

Polk was arraigned in Genesee County Court on Thursday and given her status as a lifelong Batavia resident and her lack of any prior criminal record, she was released on her own recognizance. 

She was arrested March 8 and held without bail until her appearance before Judge Charles Zambito on Thursday.

She is accused of making the sales on June 17 and 18.

The sentencing of Samual Blackshear, the Batavia teenager who shot murderer Nathaniel Wilson in the leg after Wilson had stabbed Terry J. Toote outside a residence on Central Avenue, was delayed again today because his attorney received information that could effect Blackshear's eligibility for youthful offender status.

Blackshear entered a guilty plea in November to a single count of criminal possession of a weapon.

The plea agreement, which satisfied an indictment that included counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree, came with the promise that Judge Charles Zambito would consider granting the then 17-year-old youthful offender status. That would seal his court and criminal record in this case; the defendant is then never required to disclose the conviction to colleges or on job applications.

In preparing for sentencing, James Hinman did not receive a victim's statement from Wilson and did not believe such a statement existed.

Today, he learned that while Wilson did not make a victim's impact statement, he did make statements during his interview for his own pre-sentence investigation, that could have a bearing on the Blackshear case. Hinman asked for time to review those statements.

The content of Wilson's statements was not revealed in court.

In defending Blackshear, Hinman has maintained that Blackshear acted to protect the lives of people at the scene of May 17 murder. While the justification defense might have swayed a jury on the assault charges, Hinman did not dispute that Blackshear came into possession of a handgun he wasn't licensed to carry.

The gun allegedly came from Jennifer Urvizu-Hanlon, 48, then a local businesswoman, who did have a license for the gun. Her case is still pending.

Blackshear's case was continued to 3:30 p.m., March 2.

Even if granted youthful offender status, Blackshear could still be sent to prison for up to four years, or Zambito could put him on probation immediately.

Wilson, who admitted to second-degree murder, was sent to prison for a minimum of 20 years.

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The seventh annual Mr. Batavia show is set for 7 p.m., March 21, at Batavia High School in the Auditorium. 

There are 12 seniors in this year's competition, each representing a different charity in the community. 

All proceeds from ticket sales will go to the winner's charity. Last year, $4,400 was raised and in seven years the student-run event has raised $20,190.

Tickets are $8 and are available at the school's main office and tickets will also be available at the door until sold out.

This year's contestants and their charities are:

• #1 - Harley Radley -- Pancreatic Assoc. of WNY
• #2 - Will Palmer -- 25 Neediest Fund
• #3 - Taiyo Iburi-Bethel -- All Babies Cherished
• #4 -  Cameron Austin -- Batavia VA
• #5 - Terelle Spinks -- Volunteers for Animals
• #6 - Griffin DellaPenna -- Michael Napoleone Foundation
• #7 - AT Thatcher -- GO ART!
• #8 - Kris Kuszlyk -- Juvenile Diabetes Research of WNY
• #9 - Alec Frongetta -- Genesee Cancer Assistance
• #10 - Cameron Bontrager -- Batavia Players
• #11 - John Bruggman -- Crossroads House
• #12 - Sam Rigerman -- Habitat for Humanity

Dr. Joseph Zambon and Mrs. Paula Fischer are Outstanding Community Members
In recognition of their work to include our students’ families in the Give Kids a Smile Day, Dr. Joseph Zambon and Mrs. Paula Fischer were nominated to receive Outstanding Community Member Awards.

While Dr. Zambon was unable to be present, Mrs. Fischer was presented with the award by Board of Education president Patrick Burk at the BCSD Board meeting on March 12.

They were nominated by Julia Rogers, district coordinator of Assessment and Instructional Services, who wrote:

"Dr. Zambon, dean of the UB School of Dental Medicine, and Notre Dame alumnus, and Mrs. Fischer, director of School-Based Programs at the UB Dental School, and BHS alumna, coordinated the partnership between the Batavia City School District and the University at Buffalo School of Dental Medicine for their annual Give Kids A Smile Day.

"The event, for children 1-18 years of age, took place on Feb. 9. They coordinated with Fidelis Care to offer free transportation to UB for families to attend if they needed it. The UB Dental’s Give Kids a Smile event offered free dental care -- including exams, cleanings, fillings, extractions, orthodontic consultations (braces), hearing and vision screenings, and healthy eating demonstrations.

"Every child and parent received oral health supplies and lunch bag. We are so grateful to UB Dental for their inclusion of BCSD families in this event.”

Josselyn A. Scott, 57, of Back Creek Road, Boston NY, is charged with driving while intoxicated with a previous conviction within the last 10 years, and driving with an open container of alcohol in a motor vehicle while on the highway. Scott was arrested at 5:31 p.m. March 10 for felony DWI and drinking in her car after she was allegedly observed leaving the scene of a property-damage accident on the Thruway, then seen sitting in the parking lot of 200 Oak St., Batavia, with her vehicle running. She was arraigned in Batavia City Court then jailed without bail. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Timothy D. Eastridge, 41, of Chestnut Street, Batavia, is charged with: endangering the welfare of a child; unlawful possession of marijuana; and criminal possession of a weapon in the fourth degree -- previous felony conviction. Eastridge was arrested following a Child Protective Services home visit at 11:24 a.m. on March 8. Eastridge allegedly had smoked marijuana in close proximity to his children and he was allegedly found to possess a .22-caliber rifle. He was issued an appearance ticket and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Stephanie M. Hartgrove, 30, of Chestnut Street, Batavia, is charged with endangering the welfare of a child. She was arrested at 11:24 a.m. on March 8 after a Child Protective Services investigation where Hartgrove allegedly allowed her live-in boyfriend to smoke marijuana in close proximity to "their children in common." She was issued an appearance ticker and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Since a property tax cap was imposed on local governments in 2011, New York taxpayers have saved $25 billion in additional taxes, said Lt. Gov. Kathy Hochul said Monday during an appearance at Genesee Community College.

"I think people like that," Hochul said. "I think if you're a resident or a business owner, you like that."

Hochul is visiting communities throughout Western New York to drum up support for making the tax cap permanent and end periodic efforts to undo one of Gov. Andrew Cuomo's landmark accomplishments.

Keeping the tax cap is important to attracting new business to the state, Hochul said.

"Any business can go anywhere they want in the nation and we're working had to bring them to Upstate New York," Hochul said. "If you're going to lure them from low-tax states, we need to be able to say to them, 'you can count on what your tax rate is going to be because it's permanently locked in at this number.' "

Hochul, herself once a town board member in Hamburg, acknowledged that living within a 2-percent cap on the property tax levy is a challenge for local governments but she thinks it's worth the effort.

"We had a reputation for being a high tax-and-spend state and the governor on the first day he took office, he said we deserve that reputation," Hochul said. "That's been our legacy for the past 40 years."

Cuomo, Hochul said, has been focused on helping Upstate New York recover from decades of neglect and has directed $44 billion in economic development to Upstate, for things like roads and airports and railroads, and industrial and agricultural parks.

The effort is paying off, Hochul said, as the evidence in Batavia shows, where downtown is being revitalized and another $10 million is being invested in additional improvements downtown.

As part of her tax justice talk, Hochul also discussed the elimination of deductions of state and federal taxes. Reinstating the deductions is a matter of tax fairness, she said, because people wouldn't be taxed twice on the same income.

The elimination of the deductions is costing New York taxpayers $15 billion a year.

Submitted photo.

Pre-need funeral accounts in New York State are considered assets of the individual, not the funeral home. Each year, those that have prepaid their funerals with a funeral home receive a tax document for the interest earned in the previous year. If you have an account with any of our funeral homes, and did not receive your statement, please call us. We'd be happy to assist you. Batavia Funeral Homes

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereabouts of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

Shane Zimblis, 48, of South Swan Street, Batavia, turned himself into the Batavia Police Department on March 9 on a warrant out of Batavia City Court. He is accused of damaging property belonging to another person and causing injury to another person by use of a baseball bat at 12:15 p.m. Feb. 19 on South Swan Street, Batavia. He is in GC Jail charged with: second-degree harassment; fourth-degree criminal mischief; second-degree assault -- injury with a weapon; and criminal possession of a weapon with intent to use. The case was handled by Batavia Police OfficerJason Ivison.

A 17-year-old male who lives on Ellicott Avenue in Batavia is charged with endangering the welfare of a child. He was arrested on March 9 for allegedly hitting an 11-year-old male with a piece of wood, causing physical injury. The incident occurred on Maltby Road in Oakfield at 3:20 p.m. on Feb. 28. He is due in Oakfield Town Court at 6 o'clock this evening (March 11). The case was investigated by Genesee County Sheriff's Deputy Mathew Clor.

Monica Jane White, 20, of Sunset Park, Oakfield, is charged with issuing a bad check. On March 8, following the investigation of a bad check, White was arrested, issued an appearance ticket, and is due in Town of Oakfield Court at 6 p.m. on March 25. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. John Baiocco.

Douglas Antwon Spencer IV, 37, of Park Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; open container; and unlicensed operation. Spencer was arrested on Park Road after being found sitting in his vehicle in the middle of the GC Sheriff's Office parking lot entrance with an open container, allegedly driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. John Baiocco.

Woodrow C. Horseman, 42, of Porter Avenue, Batavia, is charged with petit larceny. On March 8, Batavia police responded to Tops Market in Batavia for a reported larceny. Responding patrols located the suspect on West Main Street and Woodrow Road. He allegedly stole three alcoholic drinks. Horseman was issued an appearance ticket and is due in Batavia City Court on March 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Benjamin Jacob Skubis, 24, of Colby Road, Darien, is charged with third-degree bail jumping. Skubis voluntarily turned himself into Alabama Town Court on March 7. He was due there for an unspecified incident on June 7. He was released on his own recognizance and is to reappear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Thomas Sanfratello.

Joseph W. Freeman, 34, no address noted, is charged with failure to appear. He was arrested Feb. 27 on a bench warrant issued Jan. 31 for an unspecified incident. Freeman was released on his own recognizance was due to return to Batavia City Court on March 5. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Frank Klimjack.

About a year ago, Dale Vargason, from Wayland, purchased a cache of documents from the late 18th, early 19th centuries and when he got them home, he found a surprise -- a deed to a piece of property in what is now Ontario County signed by Joseph Ellicott.

Yesterday, he dropped the deed, framed, at Bontrager's Auction on Wortendyke Road, Batavia, where Todd Jantzi said he will present it in a consignment auction featuring antiques and historical documents. A date for the auction has not yet been announced.

"As soon as I saw the Joseph Ellicott I dropped everything else and said, ‘oh, my gosh’ and I started researching it," Vargason said. "I knew who he was but I wanted to figure out how much was this worth but I couldn’t find any comparables so I decided, ‘we’ll see’ and I thought I would hang onto it. When I mentioned it to Todd, his eyes lit up."

Jantzi said it's a fairly rare document and should go for $600 to $800. The deed is from 1813.  

Ellicott was an agent for the Holland Land Company from 1800 to 1821. He laid out the first plans for the Village of Batavia and the Village of Buffalo. He signed many land deeds during those years.

Documents of this much historic value don't come into the auction house often, according to Jantzi.

"We might see it maybe once every three to five years," Jantzi said.

At about 5:30 p.m. there was a truck vs. SUV accident at the parking lot entrance to Walmart.

The person who supplied the photo said it looked to him like the driver of the SUV tried to make a right turn on the right side of the truck, which had already initiated a right turn.

The witness said he didn't believe there were any injuries.

No further information is available at this time.

Photo submitted by a reader.

Axel E. Antongiorgi-Colon, 32, of Prospect Street, Lockport, is charged with second-degree criminal mischief. On Dec. 8 at 10 p.m. on Main Road in Pembroke, the defendant allegedly damaged a vehicle in the parking lot of his ex-girlfriend's residence. He is due in Pembroke Town Court on March 21 to answer the charge. The case was handled by Genesee County Sheriff's Investigator Christopher Parker, assisted by Deputy David Moore.

Cynthia H. Owens, 43, of Rochester Street, Bergen, was arrested on March 4 on three separate outstanding bench warrants out of Batavia City Court. She was also charged with three separate counts of third-degree bail jumping. Owens was arraigned in city court then jailed with bail set at $5,000 cash or bond on each warrant. She was due back in city court on March 7. The case was handled by Batavia Police Officer Nicole McGinnis.

Nicole M. Albrecht, 35, Pleasant Street, Le Roy, is charged with petit larceny. She was arrested for allegedly stealing a television from Target at 1:27 p.m. on Feb. 8. She is due in Batavia Town Court at 1 p.m. on March 14 to answer the charge. The case was handled by Genesee County Sheriff's Investigator Christopher Parker.

Douglas Mitchell Smith, 39, of Tara Drive, High Point, N.C., is charged with aggravated unlicensed operation of a motor vehicle in the third degree. Smith was arrested on a bench warrant out of Town of Alabama Court after he failed to answer a summons to appear in court Jan. 31 for allegedly operating a motor vehicle while his privilege was suspended in New York. He was arraigned on March 7 and sentenced to time served. He is to reappear in Alabama Town Court on Oct. 3 to pay his fines and surcharges. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Zachary G. Garigen-Johnstone, 22, or Birch Circle, Rochester, is charged with unlawful possession of marijuana, running a red light, unregistered motor vehicle and uninspected motor vehicle. Garigen-Johnstone was stopped at 12:44 a.m. on East Main Street in Batavia for a traffic violation. Upon further investigation, he was allegedly found to have a grinder containing marijuana and a marijuana pipe. He was processed roadside and issued three traffic tickets. He was released on an appearance ticket and is due in Batavia City Court to answer the unlawful marijuana charge on March 26. The case was handled by Batavia Police Officer Miah Stevens, assisted by Jason Davis.

Joshua Patrick Johnson, 21, of Redfield Parkway, Batavia, is charged with unlawful possession of marijuana and a window tint violation. He was arrested following a traffic stop at 9:42 p.m. March 2 on Lewiston Road in Batavia. He was released on an appearance ticket and in due in Town of Batavia Court on March 18. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Michael Lute.