batavia

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

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

Noonan ruled the sentences would be served consecutively.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The alleged tagger is a white male.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Pellegrino Auto Sales White Lightning are the 2012 Batavia Men's Hockey League champions after beating the Alabama Hotel Ducks this morning, 6-3.

Goalie Scott Fauth was the game's MVP.

To purchase prints of these photos, click here.

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

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

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

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

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

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

Assemblyman Steve Hawley served as master of ceremonies.

Justice Mike Cleveland conducted the installation of officers.

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

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

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

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

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

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

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

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

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

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

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

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

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

The musical journey for Ken Veltz began in Batavia.

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

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

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

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

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

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

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

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

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

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

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

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

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

Once married, they moved back to NYC area.

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

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

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

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

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

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

The lyrics flowed from there.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Batavia PD is responding.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Costrino is charged with menacing, 2nd.

(Source: WHAM13)

Rose Mary Christian thought she would be retired these days, but she can't quite get away from the restaurant business.

She admits, she loves it.

In 1956, her father -- with the help of Carl Dilcher and George Jacobs -- built a diner on Ellicott Street Road near Shepard and Christian. Along with her eight brothers and sisters, she worked there for much of her young life.

The diner closed in 1965, but Christian opened it again -- with her four children -- in 1983.

"We used to have good times and you hear people reminisce about the old days," Christian said. "Hot dogs were 25 cents when my dad started and milk shakes were 50 cents. Now what’s a hot dog and what’s a milk shake? There’s a big difference."

Christian closed the diner in 2003, and then new owners took it over for a time more than a year ago, but eight months ago, that diner closed.

On Monday, the diner opens again as "Rosie's."

"I hope people drive out and see the restaurant and taste what we have to offer," Christian said. "I hope they just have a good day and a good experience coming here. Like I said, this is where good people meet."

The diner's menu, among regular diner fare, will include Italian and Polish dishes and homemade soup.

“We’re going to have a quarter-pound hot dog, like they have in New York City, that I love," Christian said. "It’s going to have mustard and sauerkraut on it. It’s delicious. You’ll have to try it."

Christian noted there aren't many dining establishments on the southeast side of town, plus there will likely be a road connecting the new ag park to Cedar Street, making it easier for workers there to get onto Ellicott Street. That could be the opening in the market she needs to be successful.

Asked if not just her history in the restaurant business, but her career in city politics would help attract customers to Rosie's, Christian laughed.

"The politics part of it," she said, "no, not at all."

Michelle Tarin Crawford, 26, of Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 1st, and failure to keep right. Crawford was charged following an investigation into a motor-vehicle accident at 12:55 a.m., March 8, on Townline Road, Byron, in which Crawford was seriously injured. Crawford remains jailed on a violation of probation charge. (Previous stories, one, two and three).

Michael Octavio Tardy, 46, of Woodside Drive, Bergen, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and moving from lane unsafely. Tardy was allegedly driving at 1:41 a.m. on Lewiston Raod, Oakfield, when his vehicle struck a curb.

In honor of March being Disabilities Awareness Month, the Batavia Development Corp. organized an event at Coffee Culture today recognizing people involved in the local disabilities work force.

Certificates were given to both workers and staff members at local agencies who supervise people with disabilities.

Receiving certificates were:

• Darren Annovi, store associate, Kmart, three years: Darren is an active member of Mental Health Association of Genesee County and works at Darien Lake in the summer.
• Greg Bruggman, laborer, ARC, six years: Greg is on the governing council of ILGR and strives to help others with disabilities through ILGR and political meetings.
• Vinnie Falcone, work center, Genco Industries, six years: Vinnie is active in his church, volunteers at the Social Club and en- joys watercolor painting.
• Philip Greene, crew member, Burger King, nine years: Philip has maintained employment for nine years and participates in his church regularly.
• George Hughes, work center, Genco Industries, 38 years: George has been recognized as “Employee of the Month,” volunteers at community events and he assists at Clor’s Meat Market.
• Dawn Kempf, housekeeper, Best Western, 20+ years: Dawn has been employed for more than two decades and she volunteers at MHA of Genesee County Warm Line.
• Richard Ruhlman, janitor, Batavia Downs, four years: Richard actively participates in high school sports events as timekeeper, statistical keeper and more.
• Leigh Skellon, associate, TOPS Market, 14 years: Leigh assists the shoppers when needed and is considered a dedicated and reliable employee.
• Ann Bird, instructor NYS School for the Blind, 28 years: Ann is an innovative classroom instructor. She has led instructional support staff, interacts with school districts across the state and provides professional development and support to those who are working with students who are blind and have multiple disabilities.
• Donna Ostrander, production assistant Genesee ARC, six years: Donna is an organized, efficient and supportive team member that is always willing to help. She treats all individuals with respect and compassion. Donna volunteers many hours at agency functions.
• Katherine Way, senior employment specialist Restoration Society Inc./Genesee ACE, four years: Katherine actively works with coworkers and customers to promote community involvement and she is an Angels in Action Advisory Council member. Katherine is also attending college part-time.

Julie Pacette indicated the BDC hopes to make this an annual event.

Nearly two years after the alleged events, a Brockport man is being accused of stealing an SUV and some credit cards.

Frank Edward Finnin, 45, of Vindale Drive, Brockport, was arraigned in Town of Batavia Court on Thursday on charges of grand larceny, 3rd, and grand larceny, 4th.

Finnin is accused of stealing a 2004 Ford Escape from a location on Batavia Stafford Townline Road, Stafford, on June 20.

He is also accused of taking a purse containing credit cards from a vehicle that was parked in a residential driveway on East Main Road, Batavia, on the same date.

The Escape was recovered in Le Roy, not far from Finnin's residence at the time.

Following arraignment, Finnin was jailed on $10,000 bail.

The case was conducted by investigators William Ferrando and John Dehm.

An inmate of the Genesee County Jail who was serving an intermittent sentence is being accused of trying to smuggle cocaine into the facility.

Charged with promoting prison contraband in the third degree is Jahmal Coletrane Kirkwood, 34, of Shelbourne Drive, Rochester.

Kirkwood is also charged with criminal possession of a controlled substance, 7th.

According to investigators, Kirkwood arrived for his two-day stint at the jail at 9 a.m., Jan. 3 and possessed a baggie of cocaine hidden inside a compartment of his backpack he carried into the jail.

Kirkwood was arraigned on he charge today in Batavia City Court and jailed in lieu of $5,000 bail.