batavia

The week 3 winner was Joseph Duganier. While Duganier's pick, Carolina, had only the fourth-best defensive stats in Week 3, Carolina was #1 among the 10 teams available for picking in the contest. Duganier wins for four free large subs.

Two suspects have been taken into custody in connection with a pair overnight burglaries on Williams and Swan streets, according to Batavia PD.

Police are investigating whether the pair were involved in other recent residential burglaries.

On Tuesday, the alleged burglars entered occupied residences on Williams Street and Swan Street in the early morning hours.

Take into custody shortly after the first reported burglary, at 2:09 a.m., on Swan Street, was Kurt H. Hawkins Jr., 18, who has no permanent address. Hawkins was charged with burglary, 2nd.

Hawkins was located in the area of Williams and Ellicott streets shortly after a homeowner reportedly observed the suspect in his residence. Hawkins reportedly initially tried to flee from police and was taken into custody after a foot chase.

While police were investigating the Williams Street burglary, police received a report of a residential burglary in progress on Swan Street.

The alleged burglar fled the residence and could not be immediately located. Investigators indicate that evidence led them to Michael J. Hilton, 20, no permanent address.

Both Hawkins and Hilton were jailed without bail.

Both Hawkins and Hilton are suspected in other recent residential burglaries and additional charges may be pending.

Top photo, Hawkins; bottom photo, Hilton.

A group of about 12 parents concerned about proposed changes to elementary schools in Batavia gathered at the Richmond Memorial Library on Monday evening to start organizing an effort to offer alternatives to the school board.

The hour-long meeting ended on a message of "let's show the board we want to work with them," after some in the group expressed concern that if parents are willing to cooperate, negotiate and listen, school board members won't take them seriously.

"This is not about us versus them," said Jennifer Burke, one of the organizers of the meeting. "It's not a game. It's about our kids. If we all have that as our focus then we should be able to accomplish something."

The school district is looking for a way to save as much as $1 million in annual expenses and has publicly discussed closing the current administration building on Washington Avenue and moving the district administration into one of the current elementary schools -- such as Robert Morris -- leaving the school district with only two elementary schools.

Hardly a parent in Batavia can be found who supports the idea. Primarily, they are concerned about losing their neighborhood schools, having children in the same household attending three or four different schools and how frequent school changes will affect the chance for children to succeed in school.

The meeting on Monday included a break-out session with parents making a list of concerns and ideas.

A universally shared concern was moving fifth-grade students into the middle school.

"The age difference is just too much," said one parent.

Burke expressed optimism that board members have been willing to discuss concerns with parents. Superintendent Margaret Puzio called her earlier to provide some updates in advance of the Monday meeting, which Burke considered to be a sign of administration officials' willingness to work with parents.

Among the updates is that the decision about consolidation that was supposed to be made in November has been pushed back until March.

"That's another step in the direction that they're offering parents a voice," Burke said.

But the parents still want even more time. They're passing a petition to ask for the decision to be put off until after another school year passes, dipping into the district's reserves, if necessary, to balance the budget.

"When they do make a decision, they need to make an informed decision," Burke said. "They need to make the best decision, the best decision for the whole community."

Burke noted that in opposing consolidation, it opens up a wide array of options for the district to cut, from teachers (bigger class sizes), music and arts, teacher aides, sports and elective courses.

"If we move forward with certain recommendations, we may see ramifications on the other side," Burke said. "We do realize that we may need to sacrifice some, but our children come first."

The next group meeting is scheduled for 7 p.m. on Oct. 13. 

The next meeting the district will host to discuss consolidation is Wednesday at Batavia HS.

Just over six months and more than $2 million later, the much-anticipated indoor water park at the Clarion Hotel on Park Road is ready for splashing, laughing and high-energy fun.

Today, various community leaders and local and regional media were on hand for the ribbon-cutting ceremony for the new Palm Island Indoor Water Park.

The park opens to the public at 3 p.m., Friday and will open at 9 a.m., Saturday (for more about park operations, visit the website).

The brainchild of Chan Patel, owner of the Clarion, will offer recreation to guests year-around.

Prior to the ribbon cutting, Patel told visitors that 95 percent of everything in the park was made in the U.S. Local and regional contractors worked on the project.

The 12,000-square-foot facility includes a 197-foot and a 169-foot waterslide, a pool equipped with basketball hoops, a spa, a play lagoon with waterfalls, small slides and dumping buckets, as well as birthday party rooms, a food and beverage concession and an arcade room with 15 games.

Patel said he planned the park so that there would be activities that would appeal to all ages.

The bottom photo is Chan Patel, center, with his business partners on the project, Hagish Patel and Amit Shah.

Rhiannon J. Graff, 16 Oak St., Room #7, Batavia, 31, is charged with criminal possession of a weapon, 3rd. Graff was reportedly found by Batavia PD at 9:30 a.m., Sept. 17, in possession of a metal, collapsible baton. NYS Parole assisted in the case. Graff was jailed on $5,000 bail.

William J. Galliford, 51, of 200 State St., Batavia, is charged with harassment, 2nd, and resisting arrest. Galliford was arrested after allegedly harassing a neighbor on repeated occasions. Galliford allegedly struggled with the arresting officer, James M. DeFreze. Galliford was jailed on $500 bail.

Walk into Jerry Arena's new bar and grill and you might be greeted with a question, "Are you a millionaire?"

If the answer's yes, well, Arena's new place on Park Road might not be the place for you.

The Ten Cent Millionaire caters to those of us who want good beer, good food and a place to hang out with good people in an unpretentious atmosphere.

The menu doesn't even fill up both sides of a 5x7 card. It's standard bar grill food -- hot dogs, hamburgers, hoagies, mozzarella sticks, etc.

"What we make, we want to make right," said Arena, pictured right, explaining the limited menu.

It's a full-service bar with mixed drinks, more than half-dozen beers on tap, bottled beer and soft drinks.

Arena has completely remodeled the former hot dog stand, adding a curved bar, new booths, tables, a pool table, dart boards and five televisions.

He said getting the business open was a big job and he wanted to thank all the people who made the Ten Cent Millionaire possible.

Pictured with Jerry are Heather Robinson, left, and Amy Walker.

A passerby reported seeing smoke coming from the second-story window of a white house on Walnut Street in the City of Batavia. No numerics were given. The location was described as being on the "east side of the road, just south of the bend." Firefighters checked the area and initially reported finding nothing. A moment later they reported smoke coming from a vent.

Here's a pair of pictures I took on my way back from Elba yesterday morning. The top is on Norton Road near Route 262, Elba, and the bottom is on Bank Street Road, Batavia.

Batavia Downs had a packed house Saturday night for Batavia Rotary Club's annual October Brew Fest and Corvette Raffle.

No word yet on the raffle winner.

The Batavia Blue Devils travelled to Le Roy last night to take on the Knights. It was a close game from the start, with each team scoring a touchdown on its opening possession. Le Roy's offensive line became a key factor early on by creating some huge holes in the defense for Tommy McQuillen to run through, allowing him to run for 336 yards on the night, and score six touchdowns (school record).

Batavia's offense was able to keep the score close for most of the game, however QB Brett Scheuerlein threw three very costly interceptions that may have cost them the game. One was intercepted by Tommy McQuillen, and the other two by Ethan Olsowski. Le Roy's offense scored touchdowns as a result of all three interceptions. Both teams appeared strong, and the game could have easily gone the other way if Batavia had maintained better control of the ball.

In the end, Le Roy came out on top, 48-35.

Andy Lowe and Marcus Mistersare also scored touchdowns for Le Roy. John Difante, James Soggs and Justin Washington scored for the Blue Devils. 

Batavia is now 1-3, and will travel to Hornell next week. Le Roy is 2-2 and will host Perry at home next Friday night.

Four people were arrested Thursday for allegedly possessing various drugs following a "traffic drug interdiction" detail by the Local Drug Enforcement Task Force.

A traffic interdiction detail uses the probable cause of a traffic stop to detect possible drug activity.

Arrested where:

Jonathan B. Marvin, 35, of Hall Street, Batavia. Marvin is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Marvin was allegedly found in possession of heroin along with a hypodermic needle. Marvin was jailed on $1,000 bail.

David A. Showler, 43, of West Main Street, Batavia. Showler is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Showler was allegedly found in possession of heroin along with a hypodermic needle. Showler was jailed on $1,000 bail.

Ryan M. Bobzin, 22, of West Bergen Road, Bergen, is charged with unlawful possession of marijuana. Bobzin was allegedly found in possession of marijuana and issued an appearance ticket.

Warner Lee Love Jr., 18, of Chandler Street, Batavia, is charged with unlawful possession of marijuana. Love was allegedly found in possession of marijuana and issued an appearance ticket.

Assisting in the interdiction detail were uniformed members of the Genesee County Sheriff's Office and K-9 "Pharaoh."

Michael John Merrill, 46, of West Ferry Street, Buffalo, is charged with petit larceny. Merrill is accused of stealing a can of beer from 48 Deli Express at 1:53 p.m., Thursday. When confronted by the owner, Merrill allegedly ran. Merrill was jailed on $500 bail.

William Ronald Tombari, 40, of Roanoke Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Tombari was allegedly driving drunk when he was involved in a motor-vehicle accident at 12:05 a.m., Friday, on Route 63 in Pavilion. The accident was investigated by Deputy Eric Seppala.

Shuvon "Bonnie" Williams, 35, of 5 Lewis Place, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Williams is accused of violating an order of protection by allegedly threatening the protected person with bodily harm. The incident was reported at 3:08 p.m., Thursday.

The release of a surveillance tape by the Batavia PD appears to have helped lead investigators to a pair of alleged thieves.

Charges are pending against Trevor M. Pilc, 18, of 404 Jackson St., Batavia, and Michael A. Ames, 19, of 508 Dale Road, Dale.

The duo is accused of burglarizing a number of Batavia businesses during the summer and is currently being held in a Wyoming County jail on similar charges.

The videotape, published on The Batavian, didn't lead to a tip with a name attached, but it did lead to information that helped investigators put some pieces together, Sgt. Pat Corona said.

"(The video) kept people interested in the case and got people talking about it," Corona said. "As a result of that, I did get information about a person talking about one of the burglaries and a name was mentioned in that conversation."

Corona expects burglary charges against Pilc in connection with break-ins at Neptune’s Gardens, 33 Liberty St., occurring on, June 3; Blondie’s Sip and Dip, 670 E. Main St., occurring on July 8; The Batavia Youth Center, 12 MacArthur Drive, occurring on July 23; and Batavia’s Original Pizzeria, 500 E. Main St., occurring on Aug. 6.

Ames also faces probable charges in connections with break-ins and larcenies from Batavia’s Original on Aug. 6 and again on Aug. 30.

Corona said Ames and Pilc both confirmed they are the two people seen in the video.

A two-car accident with one person complaining of chest pain is reported in front of the Tonawanda Valley Federal Credit Union on Jefferson Avenue in the City of Batavia.

There was air-bag deployment and one vehicle is, or was, spewing smoke.

City fire and Mercy medics responding.

A two-car accident is reported at Liberty and Ellicott streets in the City of Batavia. There is believed to be one minor injury.

Batavia Fire Department and Mercy medics are responding.

A Batavia man known for his love of waterfowl died Wednesday at the age of 62 at Strong Memorial Hospital after a lengthy illness.

Ronald P. “Grazo” Grazioplena, an Oak Street resident, was first featured on The Batavian in articles by Jim Nigro in the Spring of 2010 for his efforts on behalf of ducks and geese (Part 1, Part 2).

Later, Grazioplena would get caught up in a dispute with neighbors over the ducks he kept in his back yard and the general state of his property. The case would eventually go to court and in early 2011, Gazioplena was ordered to clean up his yard and make other changes to his property.

(Full Obituary)

Each fall these days, as students return to school, the issuing of bullying makes the news again.

Usually, it's related to the tragic suicide of a teenager who was picked on by his peers.

This fall, the death wasn't too far from home.

Jamey Rodemeyer, a freshman at Williamsville North High School took his own life after years of being victimized by bullies.

The case has drawn the attention of Erie County law enforcment, which is a reminder that bullying isn't just cruel. It's a crime.

Yesterday morning, I spoke with Det. Rich Schauf of Batavia PD and this morning I spoke with Christopher Dailey, principal at Batavia HS, about how bullying is handled within the city. Much of the information they have to share should be applicable throughout Genesee County.

The primary laws that could be used to prosecute a bully are harassment, a violation, and aggravated harassment, a misdemeanor.

Harassment usually involves pushing and shoving or similar violent acts that do not cause serious physical injury but are intended to annoy or alarm the victim.

Aggravated harassment is phone calls, text messages and messages left in online venues that are intended to alarm and annoy the victim.

If the bully is, say, 17, and the victim is, for example, 14, a charge of endangering the welfare of a child is also possible.

The age of the bully is also a factor in what police can do with the case and how the judicial system will deal with it.

If the bully is 14 or 15, or younger, there won't be criminal charges filed. Instead intervention and counseling is used to try and change behavior.

If the bully is 16 or older, then it can become a criminal matter.

These days, bullies use electronic devices to victimize their targets -- phone calls, texting, Facebook messages and other websites are used to leave harassing notes.

In the case of Rodemeyer, the most recent abuse meted out toward him was on a blog he set up at Formspring. Among the messages left for him were:

* "Kill your self!!!! You have nothing left!"

* "Listen to us, you're a bad person, you don't belong here, jump off a bridge or something!"

* "Go kill yourself, you're worthless, ugly and don't have a point to live."

When people leave messages like that, Schauf said, even when they're determined to be criminal in nature, proving who left the message can be difficult.

"The bully might say, 'I lost my phone,' and you ask, 'Did you report it missing or stolen?' and they'll say, 'Well, a friend had it,'" Schauff said. "It's really hard sometimes to put that person in the position of having sent the messages. That's an uphill climb in these investigations."

Investigators must prove the bully was physically in control of the computer or phone used to send the messages at the time the messages were sent.

That isn't always easy, Schauf said.

However, just the intervention of law enforcement can sometimes change a bully's behavior, Schauf said, a point Dailey reiterated.

"Usually we get both parents involved (before contacting police) and that puts an end to it," Dailey said. "We get everybody together and hash it out. Usually a visit from police ends it pretty quick if our intervention doesn't work out."

Dailey said the vast majority of the time, when school officials confront a bully about hurtful and harassing cyber messages, the bully fesses up immediately.

School officials take bullying very seriously, Dailey said.

"When something like this comes up (the death of Rodemeyer), it's something all the staff talks about," Dailey said. "It's a reminder to pay attention to this. We don't want it to happen here. We don't want to be the next headline."

Four years ago, the school started a mentoring program for freshmen which includes an orientation day before classes start and mentoring for the freshmen by upperclassmen.

Since the program started, Dailey said, bullying in the school has dropped 22 percent.

"I'd be lying if I said it was gone totally, but it has gone down significantly," Dailey said.

In October, teachers and staff will receive additional training on dealing with bullying.

It's important to take seriously, Dailey said, because unlike with previous generations when somebody might get bullied at school, but then go home and be away from it, in a safe environment, now the bullying follows the victim across the internet and through mobile phones and text messages.

"If I were bullied as a kid, I could escape it," Dailey said. "Now, for these kids who get caught up in that web they cannot escape it, which is why we have to be more vigilant. The old 'boys will be boys' attitude doesn't fly any more."

Schauf said anybody can report bullying to the police, even just a witness -- such as somebody who sees harassing messages online. But in order to press charges, the victim must be willing to cooperate. If there isn't a cooperating victim, police won't be able to complete an investigation and file charges.

That can sometimes be hard to get, Schauf said, because some victims just want the problem to go away and be left alone.

(Schauff encouraged witnesses to call the BPD's confidential tip line, which will go straight to investigators, rather than emergency dispatch when reporting possible bullying. The number is 343-6370.)

The difficulties in prosecuting bullies, Schauf said, are why a good relationship between the police and the school is so important. 

Investigators trust that school officials will bring serious cases to them and handle appropriately those cases they can handle internally.

"Schools have a bit more leeway to take action on the punishment aspect," Schauf said. "We work really well together to mete out the best consequences we can get, working between the two styles."

Further reading: Tips on avoiding cyber bullies.

A possible fire in the wall has been reported at 17 1/2 Central Ave., Batavia.

City of Batavia Fire Department responding.

UPDATE 10:31 p.m.: City firefighters on scene. Nothing showing. It's a two-story, wood-frame structure.

UPDATE 10:33 p.m.: Possible short in an electrical outlet. Firefighters opening up the wall to check for extension.

UPDATE 10:35 p.m.: Wall opened, no fire.

UPDATE 10:49 p.m.: Power shut off at 17 1/2 Central Ave. The residents are getting a few things and will stay at a neighbor's. Residents advised to contact the landlord. City fire back in service.

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District Attorney Lawrence Friedman wasn't immediately available earlier today following the acquittal of Ronald Smith on three counts of sexual abuse in the first degree. Geoff Redick and I waited until he was available and asked him about the verdict. Rather than weave his answers into our previous post on the not-guilty verdict, here is what he had to say:

On his initial reaction:
"To state the obvious, we were disappointed. We pursued this case because we believed the defendant committed these crimes, so it’s always a disappointment."

On whether mistakes were made in the prosecution:
"I‘m not second-guessing anything about how the case was tried. I think it went well, but as I said earlier, that is our jury system, where we have to have a unanimous verdict of 12 people convinced beyond a reasonable doubt. I think that’s the best answer. We do have a heavy burden and obviously the jury felt that was not met."

On what the jury said after the verdict:
"Quite frankly, as you know, we do talk to jurors afterwards, but I guess I don’t want future jurors to be stifled thinking that we’re going to be making things public (that) they say to us.

"It’s not that there’s anything about this case that I’m holding back on, it’s just that we like to respect their privacy."

On the difficulty of proving intent for sexual gratification:
"I always think it’s interesting that the more serious sex offenses like first-degree rape and first-degree criminal sexual act -- crimes involving forceable compulsion, much more serious crimes -- those don’t have that element of sexual gratification. It’s really understandable why they don’t.

Really, these are crimes of violence, not necessarily being committed for sexual gratification. So to me it just always seems unusual that when you get to a lower-level offense such as sexual abuse, you’ve got that added element that we don’t have in more serious crimes. And yes it can be very difficult to prove the purpose of the act was to satisfy sexual gratification.

"Actually, in this case, I thought we were better off than most because of statements the defendant made, which were in the video, that I think reflected what he termed an accidental touching of the victim."

On the fact the jurors didn't know Smith is a Level 3 sex offender:
That’s the very reason they can’t know. In a case like this, it could effect the verdict, even with a warning from the court. That’s why they are not allowed to know, because obviously the idea is they shouldn’t be basing their verdict on what somebody has done in the past, they should be basing it on the evidence that’s presented in this trial. Granted, it adds to our frustration  when we know the person’s history and the jury doesn’t."

A 21-year-old Batavia woman was in Genesee County Court today, accused of violating probation, less than 24 hours after her same-sex marriage made front-page news.

Judge Robert C. Noonan was ready to send Katrina Drake to jail for allegedly using drugs while on probation, especially, he indicated, because she is pregnant.

Public Defender Gary Horton asked for time to find a drug rehabilitation program for Drake and Noonan granted a 30-day recess, but said if she continues to use drugs, she's going to jail.

The reason Drake is on probation is not available because her case was adjudicated as "youthful offender status." The case would have been filed prior to her turning 19.

Drake married Toni White in a civil service outside the courthouse yesterday.