batavia

Kristen Anderson catches a Frisbee tossed by her friend Steve Martino (below) while they were out enjoying the sun at Centennial Park this afternoon with their friends Lauren Rohan and Katie Porter (not pictured) and dogs Tucker and Milo.

Above, Ian Fuchs, 7, helps with the family car wash on State Street.

An unidentified bicyclist tooling down Washington Avenue.

John P. Vanderzell, 62, of 9732 Summit Street Road, Le Roy, is charged with DWI and aggravated DWI (driving with a BAC of .08 or greater). Vanderzell was reportedly observed at a store in Le Roy by Sgt. Michael J. Hare in an intoxicated condition. Sgt. Hare then reportedly observed Vanderzell get into his car and drive away. Sgt. Hare stopped Vanderzell and arrested him for alleged DWI.

Kyle B. Bacon, 19, of 679 E. Main St., Apt. 4C and Ryan T. Nugent, 19, same address, are charged with unlawful possession of alcohol by a person under 21. Batavia Police were dispatched to 679 E. Main St., Apt. 4C to check a report of underage drinking. Upon arriving, police allegedly found Bacon and Nugent in possession of alcohol.

Robert L. Drozdowski, 28, of 15 Washington St., Castile, is charged with criminal contempt, 2nd. Drozdowski was reportedly issued a stay away order out of City Court, which he allegedly violated by contacting the subject person by leaving voicemails on the person's mobile phone.

Accidents reported on the State Police blotter:

2:04 p.m., March 31, Boyce Road, Pembroke, one vehicle; Driver 1: Daniel M. Johnston, 58, of Corfu. No injuries reported.

Seven or eight trucks carrying wide loads, along with multiple escort vehicles, passed through Batavia on Main Street this morning.

At about 11:30, traffic was tied up between Ellicott and Oak streets, as at least four police cars were used to block traffic, allowing the convoy to pass safely along the route.

The trucks appeared to be hauling windmill parts.

Sath Paul Dhanda, 29, of 5458 Clapsaddle Road, Bethany, is charged with criminal mischief, 4th. Dhanda was arrested at 12:30 p.m., Wednesday, after his mother phoned in a complaint about him allegedly breaking items in her home. Dhanda was allegedly drunk. He reportedly threw a sewing machine and knocked over two television sets. He was jailed on $5,000 bail. This is the fourth time Dhanda has been arrested since October.

Farah St. Cloud, 18, of 1196 Lake Ave., #2, Rochester, is charged with disorderly conduct. St. Cloud is accused of engaging in violent and threatening behavior by attempting to fight with other residents at College Village. During the 3 a.m. incident, St. Cloud reportedly had to be held back by roommates and College Village staff.

Joshua Cordero McIver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with criminal trespass, 3rd. McIver was reportedly at College Village after being banned from the property.

Ricky A. Marsceill, 45, of Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Marsceill was stopped by State Police at 11:10 p.m., Tuesday, on Route 33 in Stafford.

Justin M. Quaintance, 18, of Bergen, is charged with grand larceny, 3rd. Quaintance was arrested Tuesday by State Police on charges that stem from a Sept. 26 incident. No further details were released.

Tanya M. Tomlin, 41, of Batavia, is charged with petit larceny and criminal impersonation, 2nd. Tomlin is accused of shoplifting from Kmart at 12:55 p.m., Tuesday. She was arrested by State Police.

Jeffery D. Appleberry, 33, of Rochester, is charged with unlawful possession of marijuana. Appleberry was stopped by State Police on the Thruway in Stafford at 10:30 p.m., Monday.

To commemorate the last steel beam being put in place on UMMC's $19.5 million expansion, the hospital held a "topping off" ceremony this afternoon.

A worker placed a flag -- for national pride -- and an evergreen tree -- for growth -- atop the beam.

The beam was painted white and signed by employees, administrators and board members.

When completed, the expansion will add 44,000 square feet to the front of the hospital on the North Street side. Construction is expected to be completed in December.

(Updated 4:10 p.m.)

Reginald M. Wilson passed up a plea deal that would have limited his prison time to two- to four-years in State Prison on a charge of criminal possession of stolen property.

This afternoon, a jury convicted him of burglary, 2nd, and criminal possession of stolen property, 3rd, and now Wilson has to wonder if Judge Robert C. Noonan will want to lock him away for life.

Because of Wilson's prior violent felony offenses, his upcoming stint in prison won't be a short one either way.

On the burglary charge, Wilson is facing a possible 5 to 15 year sentence. The possession charge carries a maximum sentence of 3 1/2 to 7 years.

District Attorney Lawrence Friedman said he's not ready to indicate whether he will ask Noonan to consider a life sentence.

Noonan set the sentencing for May 12 and revoked Wilson's $100,000 bail, which was never posted.

Wilson showed little reaction when the verdict was read. There were four additional law enforcement officers in the court room when the jury came back. The jury forewoman's hands were visibly shaking when she handed the verdict slip to the court deputy.

Defense Attorney Fares Rumi said he still believes the jury should have returned a not-guilty verdict.

"I felt we put on a strong defense," Rumi said. "I felt we exposed the weaknesses in the prosecution's case. I'm obviously disappointed in the verdict. I didn't feel the People met the burden of proof.  But the law is the law. We have a good system."

Friedman said he was pleased with the verdict, that he felt all along that Wilson was guilty.

"As I told the jury (this morning), I really could not believe that this witness (Dillon Brito) who testified for us, the accomplice, as a 17-year-old, would falsely implicate this particular defendant. I just could not fathom what his motivation would be for doing that. He was consistent. I thought he was believable. Obviously, the jury thought so, too."

UPDATE: After court, I failed to ask Mr. Rumi why he didn't have Gibson and Dash testify. Readers may remember that Gibson and Dash were reportedly willing to say that Wilson did not participate in the burglary.  I spoke with Mr. Rumi again a few minutes ago. He said even though the trial is over, he didn't want to go into detail on his strategy, but it was a strategic decision based on his review of all the statements in the case.  "I still believe it is the right decision."  Also, in a previous story I said Rumi is "from Batavia."  He said he grew up in Batavia, but now lives and is based in Rochester.

For previous coverage of this case, click here.

The joint was hopping Saturday night at Batavia Downs, with more than 6,100 patrons on hand for a muscle car drawing and a live band in the Paddock Room.

There were 3.1 million credits played Saturday, and Marty Biniasz, director of marketing, said that is a new record, beating the 2.8 million credits played one night last march.

The muscle car -- a 2010 Camero SS -- was won by a guy named Jim (last name not released) from Le Roy. He opted for the $20,000 instead.

Players eligible for the drawing earned chances to win through play at the casino over the previous seven weeks.

Last year, the an OTB employee won the Dodge Challenger given away by the Downs. This year, Biniasz said, before the winner was announced officials made sure he wasn't an employee of the Downs, of OTB or the dealership sponsoring the contest.

To accommodate the large crowd, the Downs opened up the Paddock Room, where an 80s tribute band played live, and the grandstands were open with TVs tuned either to basketball or the Buffalo Sabres game.

The testimony of Dillon Brito, one of the men who admitted to taking part in a robbery on State Street, Batavia, in September, was the focus of closing arguments for both the defense and prosecution in the trial of Reginald M. Wilson.

Wilson is charged with burglary and possession of stolen property and faces a possible life sentence because of his prior felony convictions if the jury finds him guilty.

The jury began deliberations this morning.

In his summation, Defense Attorney Fares Rumi told jurors that Brito lacked credibility.

"He's a young criminal who took a deal to testify," Rumi said.

District Attorney Lawrence Friedman countered that Brito implicated Wilson when he was first arrested, long before the prosecution offered a plea agreement. Brito's testimony was credible, Friedman said, because his statements were consistent from the time of his arrest to his testimony and even under cross-examination.

"It's not like he tried to accuse Reginald Wilson to save his own skin," Friedman said. "How does implicating Reginald Wilson saves his own skin? Why would he implicate Reginal Wislon when it hasn't been shown he has a motivation to lie? I’m not saying people never lie, but people usually lie for a reason. What was the reason?"

Brito said Wilson asked him to act as a lookout during the break-in and that he saw Wilson enter the residence. Brito also testified that he was with Wilson and the other defendants, Quentin L. Gibson, 25; Joseph D. Dash, 24, when they were showing off the allegedly stolen items.

Wilson's possession of the car that was stolen from the State Street house was also a key part of the closing arguments.

Rumi asserted that the prosecution failed to prove that Wilson knew the car was stolen. He relied heavily on the fact that Wilson drove that car around Batavia the day after the burglary, even hanging out with it on State Street.

"Think about it, men and women of the jury, my client rode around all over Batavia all day," Rumi said. "He wouldn’t have done that if he knew it was stolen. He would have taken it out of town or he would have ditched it."

Friedman told jurors that Wilson obviously knew the car was stolen because he gave differing versions of how he came to possess the car. First he told Toni White that his girlfriend gave it to him. Later he told her it belonged to "Joey."  When he was picked up by police, he reportedly said it belonged to a friend.

Obviously, Friedman said, Wilson wasn't worried about being caught with the car. "He had his story ready," Friedman said.

The car not only proves, Friedman said, that he knowingly possessed stolen property, but it corroborates Brito's testimony that Wilson participated in the burglary.

Following the arguments, Judge Robert Noonan instructed the jury on its role in evaluating facts, what they heard in court and that it is not the juror's job to decide what the law should be. He further explained the law and the scope of the case.

A 19-year-old driver says she hit an unknown object on Galloway Road yesterday causing her to lose control of her car, sending it over an embankment and into a group of trees.

Ashley N. Rippel, of 1302 Phelps Road, Corfu, suffered non-life threatening injuries and was transported by ground ambulance to UMMC.

The crash occurred at 4:01 p.m.

Rippel was driving a 2001 Plymouth sedan owned by a Batavia resident.

There were no passengers and no other vehicles were involved in the crash.

No citations were issued.

The accident was investigated by Deputy Timothy Weis.

A one-car accident has been reported at Bank and Douglas in the City of Batavia.

A possible health problem may have been the cause.

No word on injuries.

City Fire and Mercy EMS dispatched.

All the facts in the case against 37-year-old Reginald M. Wilson were presented to a jury today. The jurors will reconvene tomorrow morning at 10 to hear closing arguments and then deliberate the fate of the Rochester man accused of burglarizing a home on State Street and stealing the homeowner's car.

District Attorney Lawrence Friedman promised the all-white panel of four men and 10 women that he would prove that Wilson willingly entered the home of an 86-year-old woman with the intent to steal. One of the items taken was her 2001 Saturn, which Wilson was allegedly found driving around Batavia the next day.

Three others have also been charged in the case: Quentin L. Gibson, 25; Joseph D. Dash, 24; and Dillon M. Brito, 18. Brito testified today for the prosecution. The other two men have signed statements saying Wilson was not involved in the thefts.

A number of other items besides the four-door sedan were taken during the crime, which occurred sometime after 11 p.m. Sept. 1 or early Sept. 2, including brooches, medication, an heirloom ring, even Popsicles from her freezer.

Defense Attorney Fares Rumi said he would offer evidence that no one saw Wilson enter or leave the woman's house. Moreover, he told the jury that the prosecution is relying on the testimony of a man who admitted to burglarizing this home and others, and is to be sentenced later today.

"(Wilson) never knew the car was stolen," Rumi said. "He did not act like someone who knew the car was stolen. He was perfectly calm. He did not know the car was stolen until he was arrested after someone reported it stolen."

The first witness called was the victim, who has lived at 222 State St. in Batavia all of her life. She lives there alone.

The woman entered the courtroom wearing navy blue pants, Mary Jane-style comfort shoes, a white jacket, and aided by a metal cane. She is maybe 5-feet tall and weighs probably less than 100 pounds. Her soft-spoken testimony was clear and concise.

She said she went to bed around 9 p.m. and read until the 11 o'clock news came on. After the program ended, she took her hearing aid out and went to sleep. She woke up about 7 the next morning and found things in disarray and items missing.

"I noticed the top drawer on my chest of drawers was open," she said. "After I got up, I looked on the dresser and two containers of jewelry were gone."

Her purse, which she kept by the side of her bed, was also missing. Two other bedrooms on the second floor had been ransacked. Downstairs, she noticed the south living room window was open and the air-conditioner was laying on the ground. In the dining room, was her desk with papers scattered all about and things taken from it. In the kitchen, she noticed her blood pressure and allergy medications were gone.

She said she called her niece and nephew first, but before she could call police, a guy from National Grid called her to say he'd found her wallet. Her money was gone but her driver's license was still inside. She called police and then her niece arrived and told her the car was missing from the garage.

That night, Sept. 2, a detective called and told her the car had been found. It was returned to her the following day.

At some point, a detective called and asked her if anything was missing from her freezer. She checked, and sure enough, her Popsicles were gone.

Her testimony included the story of the miraculous return of her ring, the only piece of jewelry she got back.

She had talked to her insurance carrier and was asked to have new locks put in her vehicle. She called a car dealership and spoke with a woman there about ordering the parts. As the two chatted about her ordeal and the theft of her jewelry and all, the employee said her father-in-law had found a ring while he was out in his yard blowing leaves. The witness described the ring and, incredibly, it was her stolen ring.

When questioned by Rumi, the victim said she never saw anyone enter her home.

After leaving the witness stand, she sat in the gallery with four relatives and/or friends.

The next witness called was orange-clad and shackled Dillon M. Brito, who is incarcerated and pled guilty to the burglary.

Brito, who is 18, glanced over at Wilson several times and seemed a bit nervous. He was told to speak up a couple of times but it was still hard to hear him. (The attorneys, practiced orators, used a microphone to be heard, but the witnesses spoke unaided.)

Brito testified that he was at a friend's house on State Street and Wilson, whom friends call Miguel, was there and told him about a burglary plan, "a house where they could get some money out of, said an old lady lived there."

Brito said he told Wilson he wasn't interested, but when he saw Wilson at the same friend's house the next day, he agreed to serve as a lookout during the burglary "for 25 minutes."

Brito testified that he never entered the victim's house. He said Wilson and Dash went to "get in the house" and Gibson was up the street. Later Wilson and Dash were driving in the gray Saturn and they told Brito they were going to Rochester to pawn the jewelry and take the car to a "chop shop." Brito said he and Gibson were asked if they wanted to go along and they said no.

Throughout the proceedings, the jury appeared attentive. The solidly built Wilson, wearing a tan shirt, black slacks and shoes and an earthtone-striped tie, chewed his gum from time to time and wiggled his left foot. His dreadlocks were tied back in two stout ponytails, and later restyled into one large, loosely banded ponytail.

Rumi brought up the plea deal offered by the D.A.'s office, wherein Brito's three burglary charges (including crimes in Monroe County) would be reduced to one count and he'd get sentenced as a youthful offender, in exchange for his testimony against Wilson.

"You only took a deal to save your own skin," Rumi said. "You have a history of criminal charges. Why should this jury believe you?"

Next to take the stand was Toni White, who said she was the aunt of Wilson's niece. She testified that they saw each other driving while she was headed to the college. He was in a gray Saturn and followed her to the college and then to her house where they talked. Her truck was acting up and she took it in for repairs. Wilson followed her there to drop it off.

He took her to an appointment to get a tattoo.

But "my tattooist was running late," White said, so they drove here and there on errands, with her 3- and 4-year-olds in tow.

As they headed back to the tattoo parlor, White testified that she started receiving text messages that the car she was riding in with Wilson was stolen. He dropped her off at the tattooist's. She saw Wilson later that day and followed him in her car. She then confronted him and told him the car he was driving was stolen and that she was upset that he'd been driving her around in a stolen car.

"He said no, it wasn't stolen, his friend Joey gave it to him," White said, then Wilson started "playing around and acting crazy."

He took off and she followed him and called 9-1-1. The police came and pulled him over on Lehigh Road and he was arrested for criminal possession of stolen property.

Rumi said White has been convicted of petit larceny and disorderly conduct and stated that the "reason you testified today is to save your own skin," a puzzling argument because she has been in no way linked to the crimes Wilson is accused of.

The People's next witness was Dana Barrett, a sales manager at a local car dealership, whose testimony centered on the value of the victim's vehicle. With 30 years in the car biz, he appraised her car last October at $4,500 retail. There was a lot of minutiae back and forth about car appraisals, the upshot being Fumi sought to prove the car had less value than the D.A.'s witness, based on an appraisal he obtained a few days ago. Judge Robert Noonan said Rumi's brand-new appraisal was useless.

The final witness for the prosecution was Sgt. John W. Peck, a 26-year veteran of the Batavia Police Department. He testified that sometime before 8 p.m. on Sept. 2 he was on duty and received a report of a stolen vehicle. He went to the location and found Wilson driving the Saturn. Wilson immediately pulled over when the officer approached and was cooperative. When asked about the car, he told Peck that it was his friend, Joey's. He was arrested without incident.

After a lengthy lunch break, the jury returned but the victim and her supporters did not. The People rested their case and the first defense witness called was Jacob Camarerera, who carried his right arm stiffly up to his chest as though it were broken and wore a long-sleeved gray shirt and dark slacks.

He testified that he saw Wilson about 9:30 a.m. near Pringle Street on the day in question and that they hung out together all day. They went to a friend's house and played video games, and at 10:45 that night, Wilson left with two friends to get his sister's car in Rochester.

On cross-examination, Friedman brought out that Camarerera could not actually recall the day, the month or even the year that he spent hanging out with Wilson.

"I was incarcerated with (Wilson) and he told me I was with him on the night the burglary happened and asked me to be a witness for him," Camarerera told the jury.

When Friedman again tried to pin him down on when he spent the day with Wilson, Camarerera said "It was some time before I was incarcerated, some time last year. If I'm correct that would be '09."

In addition to his memory, Camarerera's credibility was also called into question, with Friedman noting he had been convicted of criminal contempt in the second degree, possessing marijuana, six petit larcenies and resisting arrest.

The second defense witness was Elizabeth Fuchs, whose sister is Wilson's girlfriend. Wearing her hair in a single plait and clad in a simple black dress, she testified that on Sept. 2 at about 10:30 a.m. she talked with Wilson on the front porch of her State Street house for about an hour.

She said there was a silver car parked on one side of the double driveway, which she shares with her next-door neighbor -- the aforementioned friend Wilson and his buddies like to visit. She said police drove down the street a couple of times and Wilson had no reaction to them whatsoever.

Friedman asked her if she had talked with Wilson since he was jailed. She seemed puzzled and said yes. When asked what they talked about, she said it concerned what occurred that day. Asked if they discussed any testimony for court, she answered no.

The third and final witness called by the defense was Elizabeth's sister, Wilson's girlfriend. She wore her hair up, a navy blue dress with small white print, and four-inch-high blue-suede pumps. She testified that she saw Wilson at her sister's house and he had the silver car, they talked nearly an hour, and cops drove by and Wilson paid them no attention.

Friedman asked if she'd seen him during his stay in jail. She said yes, "numerous times."

"Like about 50?" Friedman asked, who'd obviously checked the jail visitors' log.

He asked her what they discussed.

"We talked about our relationship on that date (of the crimes)," Fuchs said.

"Never once in all those times did you talk about what you would testify to at this trial?" Friedman asked.

"We talked about that ... up to a point," Fuchs said.

Friedman also quizzed her about a previous statement in which she said Wilson was not her boyfriend on Sept. 2. I thought you just said you discussed your relationship on that date, Friedman said.

She said she wasn't in a relationship with him at that time. Friedman asked if she was dating Wilson. She asked him to explain what he meant by dating. He asked her to define dating.

Then she said their relationship was purely sexual and later grew into a relationship. She said she might therefore describe her sexual encounters with Wilson as dating.

One of the men on the jury smiled broadly at the surprising exchange between the prosecutor and the witness.

Lastly, Rumi asked the judge to dismiss both charges against his client because two witnesses offered factual evidence, via their testimony to the jury, that they saw Wilson with the car, and the police drove by and Wilson didn't act like someone who'd stolen a car.

The judge denied the motion to dismiss the charges.

If convicted, the D.A. could ask that Wilson get life in prison because of prior felony convictions (five). He turned down the District Attorney's pre-trial offer of two to four years in state prison for a conviction on one count of felony possession of stolen property.

As for Brito, he was sentenced late in the afternoon to one to three years of incarceration as a youthful offender, with his time running concurrently with his other burglary convictions in Monroe County and including his current incarceration. He will be required to pay more than $2,000 in restitution, at a rate of $50 a month, starting 60 days after his release. He was also barred from contacting six individuals, including the victim, until Sept. 9, 2020.

At 230 Ellicott Street, there is a vacant lot, but it's more than just an unsightly gap between two commercial buildings. It also represents unfinished business.

Richard Borrell, owner of Borrell Fitness, right next door, figures the fire that destroyed Cristina's Restaurant on July 12, 2008, has cost or will cost him from $340,000 to $375,000.

So far, neither Charles Brumsted Jr., Cristina's owner, nor Brumsted's insurance company, Mid-State Mutual Insurance, have reimbursed Borrell for his losses.

Borrell said he's retained a lawyer out of Buffalo and said a lawsuit was filed last week on his behalf, but the suit is not on file with the Genesee County Clerk. The Batavian has called the law office of Eugene C. Tenney seven or eight times since last Thursday, where receptionists say Edward J. Schwendler, III, is handling the case, but Schwendler has returned none of the calls.

It's unclear if Brumsted -- we couldn't find contact information for him -- settled his claim against Mid-State.

An attorney for Brumsted, Charles Ritter, of Buffalo, filed a lawsuit May 18, 2009, against Mid-State, alleging that Mid-State had failed to honor the contractual terms of its insurance policy. Brumsted sought at least $1.5 million in damages, which included a $375,000 claim by Borrell.

In the filing, Brumsted claims that Mid-State representatives indicated he would have no trouble collecting on his insurance claim and that he would be able to reopen for business by Spring of 2008.

On Dec 3, 2009, Ritter and Mid-State's attorney, Joseph Rizzo, of Rochester, signed a "stipulation of discontinuance." The short document is ambiguous on whether this constituted a settlement of Brumsted's claims and contains no details on whether Brumsted received any payment from Mid-State. 

Neither Ritter nor Rizzo returned calls placed today.

Mid-State has also not returned a phone call seeking more information about Cristina's.

Borrell is unsure why Mid-State has not settled with him and preferred not to comment in detail about his legal situation. He said his building suffered extensive fire and water damage. The floors on the second floor are warped, the bricks and mortar on the outside of the building were heavily damaged, he suffered water damage to equipment and his HVAC system. 

The cause of the fire has never been determined. Captain Michael B. Drew of the City of Batavia Fire Department issued a report following a thorough investigation July 12, 2008.

While the investigation team was able to eliminate many accidental hazards, it was not able to eliminate all hazards, namely electrical wiring or equipment malfunction.

In addition, the investigation team was unable to eliminate the possibility that the fire cause may have been other than accidental and is therefore undetermined at this time.

Drew's report says the fire started in the area of the central stairway.

A possible accidental cause that was not ruled out was a malfunction in a electrical junction box on the east wall of the basement. Damage to the box, which included a hole burnt through the cover, could not have been done by an external fire source, Drew wrote.

At the same time, given the location of the box and the location of the fire origin, that junction box could not conclusively be ruled as causing the fire.

In interviews with investigators, Brumsted said he had electrical problems with a fan and was bringing an electrician to fix it. "Fire damage to this unit was noted to be inconclusive with its direct involvement in the fire's ignition," Drew wrote.

Brumsted said the building had been up for sale since 2001. He also said he was seeking a demolition permit for the restaurant portion of the building. 

In 2000, news reports said Brumsted was planning to convert the building into office space.

Cristina's was named after Brumsted's aunt, Cristina Meleca, who crafted some Italian recipes for the restaurant. Cristina Meleca died in 1995 at age 95. Brumsted purchased the restaurant from his uncle, Frank Meleca, in 1985.

As part of a statewide program to concentrate police enforcement on seat belt and mobile phone laws, Batavia Police wrote 37 tickets over a 44-hour enforcement period that began March 9, according to Sgt. John Peck.

Twenty-two of the tickets were for failure to wear a safety belt. The rest were mostly for mobile phone violations, but some were also for things such as uninspected motor vehicle  or suspended license.

The increased enforcement effort was paid for with a state grant that allowed patrols to concentrate strictly traffic enforcement and not handle routine calls.

"We were able to get out and concentrate on enforcement, which is something we don't get much time for with our call volume," Peck said.

Officers on the detail worked in four-hour blocks, Peck said. 

The next enforcement detail window is in May, when officers will be scheduled for an extra 120 hours of enforcement.

Christopher P. Ball, 27, of 4902 Ellicott St. Road, Batavia, is charged with two counts of criminal contempt, 2nd. Ball is accused of contacting an ex-girlfriend he was previously ordered to stay away from. Ball was jailed on $2,000 bail.

Susan Marie Devault, 40, 11 N. Main St., Apt. A, Holley, is charged with petit larceny. Devault is accused of shoplifting $111.94 in merchandise from Target.

Accidents from the State Police blotter:

12:45 p.m., March 28, Thruway, mile marker 398, westbound, Pembroke, one vehicle; Driver 1: Lori C. Pittman, 52, of Niagara Falls. No injuries reported.

Bigness is killing New York dairy farmers.

Big and ever-growing milk processors and retail chains are controlling the market and driving down the prices paid to farmers, but not passing on the cost savings to consumers.

That was the message of a meeting yesterday at GCC of dairy farmers and the Assistant U.S. Attorney General Christine A. Varney, who is in charge of the Antitrust Division.

From the Buffalo News:

"Our farmers are getting paid less and consumers are paying more," said Sen. Charles E. Schumer, who invited Varney to the meeting. "Someone's walking away with all the money."

Schumer said processors are making record profits at a time when farmers are on the brink of losing their family businesses. He wants the Justice Department to investigate anti-competitive practices in the dairy industry.

Consolidation among milk processors is one of the chief reasons prices paid to farmers has gone down, Varney was told. There are simply fewer outlets for farmers to sell their product to, meaning less competition, and without the competition it's easier for the buyer to set ever lower prices.

In some states, Dean Foods controls as much as 90 percent of the market, and about 70 percent in New York.

From the D&C: 

Bill Cook, who milks 1,800 cows near Aurora, Cayuga County, said he used to deal with five different milk buyers who were willing to pay a premium for the high-quality milk his cows produced. Premiums can mean the difference between just paying the bills and actually making a profit.

Meanwhile, Cook said none of those buyers is still operating because they went out of business or were consolidated into larger operations, such as Dean Foods, a giant among dairy processors. Cook had to borrow $500,000 to cover his losses last year.

The Buffalo News quoted a sixth-generation Wyoming County Farmer who used USDA figures to point out that the dairy farm share of retail dollars have dropped from 37 percent to 25 percent in the past three years.

Bigger and bigger retail chains were also blamed for downward prices on milk products.  Walmart's outsized pressure for lower and lower prices isn't helping farmers.

"Walmart's 'everyday low prices' applies constant downward pressure on all commodities, squeezing the supply chain while demanding more," said Ed Schoen of Shoe-Acres farm in Phelps, Ontario County. Pricing at Wegmans, on the other hand, is sensitive to the prices farmers are getting, he said.

Barbara Brown, a county legislator in Oswego County, said her district once had 26 dairy farms. Now it has three. She recently sold off her cows and closed her farm.

Varney offered the farmers hope.

"We will not let you down," she said, according to the Buffalo News. "We know the problem you're facing."

Sen. Schumer has called on the federal government to take several steps to help dairy farmers:

• Deal with the consolidation of milk processors and the lack of competition.
• A program called MILC provides aid to farmers when milk prices fall to a certain level. That target price needs to be raised.
• Raise MILC reimbursement from 45 percent of the price difference.
• Reform the milk marketing order system, which helps set commodity prices, used by the USDA. The current system doesn't adequately measure the cost of milk production in the Northeast.
• Return to a dairy compact system that helps New York farmers set prices.
• Pass a Milk Import Tariff act to ensure that milk producers and processors in other countries are playing by the same rules as the United States.

Slow news day. That's not entirely bad, because it gives me a chance to catch up on other work, especially the work related to revenue. Though, I'm sure on any given day, you would rather have the stories.

After all day in the office doing business stuff, I went out and searched around for something to take a picture of, hoping, really, for a good sunset shot. None was forthcoming, so these are the two pictures I did get.

Top barn is on Sprague Road, and bottom is on Upton Road. I think both are still in the Town of Batavia.

After receiving a Tip Line report that youths under the legal drinking age were using fake IDs to buy alcohol at local businesses, Batavia Police investigators ran a series of compliance checks on Friday.

No problems were found at the locations in the Tip Line report, but undercover agents did continue an investigation looking for adults buying alcohol and giving it to teens.

Police say when a person was seen getting into a car with a teen in it after purchasing alcohol, the car was stopped "to determine the circumstances."  The results of the stop were not released by police.

There was alcohol that was confiscated on Friday night, according to police, and one case was referred to Genesee County Probation.

The press release states:

The Batavia Police will continue to be proactive in the attempt to deter underage access to alcohol with these types of programs with the assistance of funding from the Drug Free Communities.