batavia

Three people indicted in Federal Court today on racketeering charges have Genesee County ties.

All three are said to be associated with the Hells Angels Motorcycle Club in Rochester.

James Henry McAuley Jr. (aka "Mitch"), 62, is charged with assault with a dangerous weapon in aid of racketeering activity.

Indicted as co-conspirators after the fact were Richard E. Riedman (aka "Eric"), 37, and Timothy M. Stone, 31, who were previously arrested in Corfu in June 2009 for allegedly stealing scrap metal.

McAuley, described by Federal authorities as vice president of the Rochester Hells Angels, is married to Donna L. Boon (aka Donna L. McAuley). Boon, 45, was arrested at her Batavia-Oakfield Townline Road residence on July 9, 2010, in connection with an alleged methamphetamine ring headed by Donald G. Vanelli, 48, of 8394 Lake St., Le Roy.

Vanelli, who was said to be president of the Road Agents Motorcycle Club at the time, entered a guilty plea in Federal Court in January to a charge of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine.

Boon faces federal charges related to conspiracy with intent to distribute narcotics. Her case is still pending.

The case against Riedman and Stone is still pending.

McAuley, Riedman and Stone were indicated along with Robert W. Moran Jr. (aka "Bugsy"), 59, and Gina Tata, 47.

According to the indictment, McAuley, Moran and Tata beat up a patron of an unidentified restaurant on May 31, 2006. Tata allegedly told Moran that the patron threatened the motorcycle club. Moran allegedly struck the head and body of the patron repeatedly with a baseball bat. 

Tata, Riedman and Stone allegedly conspired to help Moran and McAuley avoid apprehension.

A press release from the office of William H. Hochul, U.S. Attorney for Western New York, describes the Hells Angels as a criminal organization whose members function as a continuing unit for the common purpose of facilitating criminal activity, including acts involving narcotics trafficking and murder."

It also says, "Members of the Rochester Hells Angels claim to control certain territory up to Syracuse, and allegedly use violence for a number of illicit purposes, including those who did not show proper respect to the organization."

The indictment alleges that all defendants acted with the specific purpose of maintaining and increasing their positions in the Hells Angels. 

"The country’s federal racketeering statutes were specifically designed to help combat acts of violence committed by members of a criminal organization," Hochul said in a statement. "This office stands ready to utilize these statutes – and aid our local law enforcement partners - whenever circumstances warrant."   

McAuley is currently locked up in the Elkton Federal Corrections Facility in Elkton, Ohio.

He was sentenced in April 2008 to eight years for participating in a conspiracy to commit murder in aid of racketeering. 

McAuley conspired to murder members of the Kingsmen Motorcycle Club in Fulton, N.Y., because the Kingsmen, who were affiliated with the Outlaws Motorcycle Club, were establishing a chapter in the Hells Angels territory.

According to public records, McAuley has lived in Rochester, Spencerport, Brockport and Fairport. There is no record of his having lived in Genesee County.

Sege D. Kalmbacher, 35, of 6666 Byron Holley Road, Byron, is charged with criminal possession of a forged instrument, 2nd. Kalmbacher is accused of stealing two personal checks from the home of a friend and then forging the checks in the amounts of $350 and $300. Kalmbacher allegedly deposited funds, on March 13 and March 16, from the forged checks into his personal account. Kalmbacher was also arrested in late March for allegedly forging prescription drug forms.

Matthew J. Butler, 23, of Clifton Street, Manchester, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th and criminal possession of a hypodermic instrument. After witnesses reported that a green four-door car was driving erratically and failing to maintain its lane, deputies responded responded to Route 63 in Batavia and initiated a traffic stop on a 1999 Honda Accord at 7:13 p.m., Thursday. Butler was identified as the driver. Butler was also charged with unlawful possession of marijuana, failure to keep right and driving left of pavement markings. The case was investigated by Sgt. Greg Walker with assistance from Deputy Matthew Butler and Deputy Joseph Graff.

Care-A-Van Ministries was at Washington Towers to celebrate spring.

I drove around the city this afternoon looking for a picture of forsythia. One of the first things I learned about growing roses in Western New York was that it's time to prune your roses when the forsythia blooms. I actually pruned my roses three weeks ago, but I still take the forsythia bloom as nature's official notice that spring has finally arrived.

Below is the yellow bloom of a tree -- I don't know the kind of tree -- in Austin Park.

Frederick Rarick is licensed to practice law in California, Washington, D.C., and New York but, as he says, an "exceptionally equitable justice system" keeps him here as a defense attorney in Genesee County.

"I just like this area because you know the judges and prosecutors are fair and the system here works really well," he said, sitting at a desk in his office at 4152 W. Main St. Road (behind the Valu Plaza).

His large work space is filled with an eclectic collection of antique-looking furniture and various authentic war helmets. He began collecting them when his son grew interested in the hobby and their numbers have grown since. They're currently seeking out a particular WWII helmet to add to the gallery.

"I do a lot of work in here Genesee County," Rarick said. "We’re blessed with a district attorney’s office that is very easy to work with. They are just and equitable. They come from a prosecution side and I come from a defense side but we’re usually able to come to a fair resolution and it makes things so much easier for everyone involved."

He received his undergraduate degree from the University of Southern California and finished off his law degree from Loyola College. He lived with his family in Los Angeles. When asked why his family settled in Genesee County, he cited a number of reasons.

"Things are crowded in L.A. and I've always wanted to own land. I was practicing law down there and in the early '90s we had the Rodney King riots... also my son got very ill in L.A. and they couldn't figure out the cause but we thought it was something environmental. At that point, it was like enough is enough."

His father-in-law lived in Alexander and Rarick enjoyed visiting him, saying he "absolutely loves the style of living here."

Along with the amicable fairness and equality in the courtroom, Rarick commended the Genesee County Justice program and admitted to breathing a sigh of relief when a budget was passed that continued to fund it.

"It was so important in the last budget to keep Genesee Justice in effect because they are an integral part of our local system."

The program is saving the county money and that's commendable, the attorney said.

"Once someone is arrested, they are arraigned and if they are placed into custody, they (Genesee Justice) do a bail review so we can get back into court. They give sufficient information to the judge and district attorney to make a well reasoned, educated decision on whether someone should continue on bail or be released. Releasing someone saves a ton of money, so it's an effective program."

If clients are monitored by Genesee Justice and they work with the program well, "...there is never an issue. And if they don't stick with the program, it gets reported fairly...these things don't get editorialized or blown out of proportion -- they just state the facts."

Although being an attorney can sometimes be a "round-the-clock job," Rarick said he sometimes enjoys delving into his work simply because he likes what he does.

It is anchored by his belief in the judicial process, which helps him do his best in defending some of the more serious cases.

"I've represented some really bad, mean, horrific human beings but I firmly believe in our system. If the prosecution does their job and I do mine -- the court can do their's. Well over 95 percent of the time we get a just, fair resolution."

And it feels good when you're able to help people make better decisions.

"The most gratifying aspect of my job is representing someone who has made a mistake, and being able to prove to the judge and district attorney that it was an isolated incident, and working out a disposition that has little or no impact on people’s futures."

He used an example of a young person who makes a mistake with marijuana.

"If you're convicted of a marijuana offense and you decide you want to go to college but need student loans to help you, that conviction -- whether it's a violation or a misdemeanor -- wipes you out for the ability to get those loans. Some young adults don't realize that things you do today could have major impacts on their life."

Rarick boasted that he has former clients that continue to send him "anniversary chips" from Narcotics Anonymous or Alcoholics Anonymous, proving that they made the most of their second chance.

"There are some benefits to getting in trouble because if you use it as a benchmark to say 'I’ve got to clean up my act and run the straight and narrow' it can be done. The prosecuting authority here in Genesee County has a very good sense of individuals that deserve those breaks."

Batavia resident Lisa Barrett is hoping a lot of people will get online and vote for her song, "When You Look at Me," which has made it into round three of the international "Best Original Song" contest.

If she wins, she'll get her own Web page, and her song will be sent to dozens of recording companies, music labels (large and small), producers and agents.

Barrett's song was one of 100 from around the world chosen for the contest. Of those, 48 made it to round two and, you guessed it, "When You Look at Me" was one of them.

Now it's one of 24 that have made it to the third round. If Barrett makes it through this round, she'll be halfway to her goal of winning the competition.

Voting began this week and extends through Monday. In order to vote, go to www.bestoriginalsong.com and set up an account -- it's free and only takes a minute.

Barrett wrote and performed "When You Look at Me" in memory of her nephew, Austin, who lost a brave battle with cancer in February of 2000, just shy of his 2nd birthday.

"My goal is to touch people's lives with the music in Austin's memory," Barrett said. "I feel I'm doing this not only for Austin, but for all children who have lost their battles, or are still struggling with life-threatening illnesses."

She came up with the idea for the song about a year after Austin died.

"I walked by his picture, and this particular time I stopped (to look at it). My eyes met his, and I said out loud: 'I can almost feel your touch when you look at me.'"

According to Barrett, "something happened" in this instant that changed her life.

"It was like a switch went on. I heard a melody in my head, with the lyrics coming at the same time. I felt compelled to grab a pen and start writing."

It took her a few weeks, but when she finally finished the song it became, in her words, "a wonderful grieving outlet."

"After that," Barrett said, "the switch kept going on for other songs. Whenever something hit me hard emotionally -- whether it made me feel sad, happy, angry or it was funny -- I would write a song about it."

Her songs are not just about things that affect her directly. As she got further along in this new chapter of her life, she became inspired by other people's experiences as well.

In recent years, she wrote a musical called "Can't Bully Me Now," which deals with the experiences of children who are bullied in school. This song has been performed multiple times by students at St. Joseph School in Batavia, and educators from other districts have expressed interest in it as well.

The amazing thing is that prior to the composition of "When You Look at Me," Barrett had never been a songwriter.

"I didn't plan this. It's a path that has been laid before me, and I follow it, not always knowing where I'm going next."

Along the way, she has learned that "even after so much pain, the sun can shine again."

Originally recorded at Affinity Music in Nashville, Tennessee in 2005, "When You Look at Me" is part of an album with the same title. Barrett wrote and performed 10 other songs for this album, one of which -- "Share Your Light" -- was the theme song selection for Western New York's National Night Out in August 2010.

In an ironic turn of events, Barrett decided that the time had come to turn "When You Look at Me" into a music video around the same time that officials from Best Original Song contacted her. They had found her music online and were interested in having her as a contestant.

Barrett said she submitted her entire album. They chose "When You Look at Me."

"It was like everything was coming full circle. It brought back to me the reason I had done everything in the first place."

She and her husband, Kyle, filmed the music video this past winter at Genesee County Park. They were there one day, and found that the atmosphere was ideal.

"The snow was falling perfectly," Barrett recalls. "And I just said to my husband, 'We've got to do it now.'"

Shooting at the park in the winter was not easy. Barrett said her "toes were frozen" as she made this video.

But she kept going, and it was worth it in the end.

Have a look:

VOTING INSTRUCTIONS:

Once you've created an account and are logged in, click on either of the two bars on the home page that read "Live Show! Click Here to Listen," then click on "Third Stage Show #1." From there, you'll know what to do.

Remember, you only have from now through Monday to vote!

Final Note: Barrett's CD can be purchased through her Web site, www.lisabarrettcd.com. Portions of the proceeds benefit Essential Care, a pediatric home care program of Hospice Buffalo for children with life-threatening illnesses.

Top photo -- of Barrett at Affinity Music -- taken from www.lisabarrettcd.com, second photo submitted by Lisa Barrett.

Meet Toby. Toby was in Centennial Park late this afternoon playing ball with his owner, Cheri Pitcher, of Batavia.

As soon as I walked up, Toby hustled over, dropped his ball at my feet and said, "OK, your turn to throw it."

An Oakfield motorcycle rider who led local law enforcement on a high speed chase early this morning faces multiple charges, including DWI and reckless driving along with four counts of speeding.

The Sheriff's Office says Gregory P. Smith, 20, of Main Street, Oakfield, reached speeds this morning of 120 to 136 mph on what a witness described as a "crotch rocket" style motorcycle, according to dispatchers.

Initially, at 6:22 a.m., deputies were dispatched to the Village of Oakfield for a report of a motorcyclist driving fast and erratically, possibly intoxicated.

The driver reportedly dumped the bike near Wilson Farms, got it back up and headed south on Route 63, which is where he was intercepted by deputies.

When deputies attempted to initiate a traffic stop, Smith allegedly sped up, heading south on Route 63 into Batavia.

The suspect then continued west on West Main Street Road, through the Town of Batavia. When the driver reached Kelsey Road, he reportedly turned north and then headed west on Galloway Road. At Downey Road, he turned north and continued to Maple, where he turned back toward the village.

Smith reportedly lost control of the bike on Route 63 at Hutton Road.

He then allegedly fled on foot.

Law enforcement officers caught up with Smith in a cornfield north of the accident location and deployed a Taser to subdue him.

Smith faces the following charges: DWI; driving with a BAC of .08 or higher; reckless driving; unlawful fleeing a police officer in a motor vehicle; four counts of speeding (120 in a 40 mph, 130 in a 45 mph, 120 in a 55 mph and 136 in a 30 mph); five counts of failure to stop for a stop sign; driving left of pavement markings; passing on the right; running a red light; unlicensed operation; and leaving the scene of a property damage accident.

The incident was investigated by Deputy Howard Carlson. Assisting in the incident were Deputy Lonnie Nati, Warrant Officer Eric Olson, Sgt. Thomas Sanfratello and the State Police.

In the past hour, calls for trees and utility poles down have subsided, and the wind seems to have died down a bit, but a strong wind warning remains in effect until 4 p.m.

There are about a dozen locations where power outages have been reported, most significantly in Elba, where 871 National Grid customers are without power. The power outage was reported at 8:48 a.m. and no ETA for when power will be restored.

Above, what's left of a tree that blew down on Lewiston Road in Oakfield. Below, a contractor saws off a large broken limb from a tree on Wortendyke Road, Town of Batavia, that was hanging precariously over the roadway.

A tree has fallen onto the road at 22 Porter Ave. in the City of Batavia.

UPDATE (by Howard): A tree branch struck two houses and a minivan.  The lines down appeared to be phone and cable.

A tree and a utility pole have blown over and onto a house at 3 Vine St. in the City of Batavia. The pole has a transformer on it and it's leaning across the roadway. National Grid is on scene. City fire dispatched.

UPDATE 11:05: City fire back in service. National Grid is handling the situation.

UPDATE 11:08 a.m.: A city code enforcement officer is called to the scene regarding the tree fallen onto the house, presumably to address safety concerns.

UPDATE (by Howard): Duane Pruston, a local landlord, said he bought 3 Vine St. just a few weeks ago. He was inside finishing up work for new tenants (he just rented it) when he walked outside, heard a crack and looked over and saw the tree falling into the house. He said wires were flying everywhere and paint crews working in a bucket next door were lucky, Pruston said, that they weren't struck by wires.

UPDATE: Frank Capuano submitted the two photos below:

A pursuit of a motorcycle rider is in progress. It began in Oakfield, came into the city briefly and now appears headed back toward Oakfield.

The original call was for a motorcycle rider on a "crotch rocket" apparently racing through the Village of Oakfield. The original caller suspected the rider was intoxicated.

Law enforcement units responded to Oakfield but didn't get there before he refueled at Wilson Farms.

The rider was spotted southbound on Route 63. When he reached West Main Street, he turned right and headed west. He took Kelsey to Galloway, then Downey, then Maple and is now heading back into the village and then 63.

The rider has allegedly ran multiple stop signs and "almost lost it on Maple."

He just "dumped it" on southbound Route 63.

The rider took off on foot, northbound.

UPDATE 6:34 a.m.: Suspect in custody.

UPDATE 6:37 a.m.: Medics requested to the scene to evaluate the suspect from being Tased and his tumble.

UPDATE 6:42 a.m.: Suspect is denying any injuries. Taser probes need to be removed from his legs.

A scene along South Main Road, at about 6:45 p.m., shortly after our cloudburst.  Recent rains have the Tonawanda Creek running high, from bank-to-bank.

While radar shows the storm seems to have passed, a tornado watch remains in effect until 10 p.m.

There is a flash flood watch in effect from 10 p.m. until tomorrow morning.

Saturday, for National Prescription Drug Take-Back Day, members of the Batavia Police Department will be in the parking lot of department HQ, 10 W. Main St., Batavia, to collect unwanted prescription drugs and hypodermic needles.

No questions asked.

The event runs from 10 a.m. to 2 p.m.

The drop off is open to all people regardless of where they reside.

Additionally, nursing homes, doctors offices and other organizations wishing to dispose of unwanted prescription drugs and or hypodermic needles may use the service.

As an added bonus, people disposing of unwanted prescription drugs will receive a certificate for a free seat at a Buffalo Bisons home game between May 5 and 12 when one ticket is purchased for the same game.

Photo submitted by Batavia PD. Pictured are Det. Charles F. Dudek, left, and Det. Todd A. Crossett

Yesterday, there were no obvious blossoms on the trees behind the Upton Monument at Ellicott and Main streets. This morning, an explosion of pink.

Surely, spring is here, finally?

The seven-day forecast calls for more rain this week, but supposedly, Saturday will be clear, which is good news for those of us who have gardening to do.

The proposal is in the city budget, it's in the strategic plan, it's on the drawing board, but officially, the Batavia City Council has yet to approve the creation of an economic development director.

The vote will take place at the council's next business meeting, but on Monday council members got a chance to learn more about the proposal, ask questions and state their opinions.

There were no strong objections, and Councilman Bill Cox called on his fellow council members to approve the proposal.

"It’s a great opportunity for the city and it’s the most important thing we’ve done in a long time," Cox said. "I don’ think you’re going to see any results for 18 months, because no matter what you decided, you’re going to have to apply for grants, you’re going to have to wait for replies, you have to be selective, so I think we’ll see the first fruits of our labor in 18 to 24 months."

Under the proposal, the city would chip in $10,000 per year for each of the first two years (funded by cutting $15,000 from the grant writing budget of the city), with the balance of the eventual hire's salary being covered by money from the revolving loan fund and the micro-enterprise fund (both funds filled years ago by state grants).

The Batavia Development Corporation, which in the past has overseen the revolving loan fund, would hire and supervise the economic development position.

Councilman Bob Bialkowski wondered if, within the two years allotted for the new position to start paying off, whether new grants would start funding the position.

Ray Chaya, president of the BDC board of directors, said, "that would be the hope. Even though the state is in dire straits, there is still money out there for economic development. We want to be able to capture whatever is out there as soon as it’s available."

Council members asked questions about benefits -- the new hire will not receive benefits through the city as an employee of the BDC -- and what the person will actually do.

The job description specifies that the economic developer will be required to recruit and retain small businesses in the city and help businesses find ways to expand and grow.

If the council approves the proposal, the BDC can get to work on recruiting the right person and hopefully getting him or her in place on or before Aug. 1.

"We really need three-to-four months to get that person in here and really have benchmarks set up," Chaya said. "Two years is really a short amount of time, so this person needs to have strong communications skills, small business sense and a really good understanding of economic development."

At about 7 p.m., Batavia City Fire Department responded to a call of smoke coming from a train car at Mill and Evans streets.

It turns out, the white vapor is nothing more than steam.

Metal shavings in the train car from the scrap metal operation heat up, and then when rain falls on the hot metal, it generates steam.

A thermal imaging camera showed the internal temperature was 111 degrees.