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Wanted: By the Batavia Police Department

By Howard B. Owens

The Batavia Police Department released information today on seven individuals who are wanted on warrants related to various alleged crimes.

Below are the mug shots and available information on each individual.

Citizens are asked to call Batavia PD at 345-6350 (the county emergency dispatch number). Citizens are warned not to try and apprehend these individuals on their own.

Robert J. Eppolito: born 8/14/1982; 5' 8", 160 lbs; last known address -- 28 Washington Ave. Warrant: Menacing, 2nd - Weapon.

Dashawn A. Butler: born 10/19/1979; 6' 1", 180 lbs; last known address -- 120 State St. Warrant: Criminal Possession of a Weapon, 3rd, Menacing, 2nd.

Amanda A. Maben: born 05/30/1978; 5' 3", 115 lbs; last known address -- 7740 Lewiston Road. Warrant: Possession of a Forged Instrument, 3rd.

Larry R. Brewer: born 02/18/1966; 6', 190 lbs; last known address -- 3 Maple St., lower.
Warrants: Aggravated Harassment x 3, Criminal Contempt, 1st x 3.

Jamie C. Wilmet: born 12/20/1984; 5' 9", 145 lbs; last known address -- 20 N. Spruce St. Warrant: Criminal Possession of a Weapon, 3rd.

Brian A. Merritt: born: 6/21/1974; 6' 2", 185 lbs.; last known address -- 10571 Main St., Alexander. Warrant: Criminal Contempt, 1st.

Jeremiah D. Williams: born 4/06/1991; 5' 10", 135 lbs.; last known address -- 9 Raymond Ave. Warrant: Level 3 Sex Offender - Failure to Verify Address.

Woman charged under Leandra's Law following alleged hit-and-run in Oakfield

By Howard B. Owens

A Batavia woman faces a Leandra's Law felony drunken driving charge following a reported hit-and-run accident on Farnsworth Street in Oakfield last night.

Tonya Marie Weber, 26, a School Street resident, was allegedly driving a 1992 Dodge Shadow on Farnsworth when she struck at least one parked car.

The front license plate reportedly fell off the car at the scene and the car reportedly suffered heavy front-end damage.

Within 10 minutes of the 6:44 p.m. accident, Weber's car was reportedly found at another residence in the Village of Oakfield.

Upon investigation, Deputy Joseph Graff concluded that Weber was allegedly driving the vehicle in an intoxicated condition at the time of the accident and a child under 15 years old was in the car.

Weber is charged under Leandra's Law and with DWI, driving with a BAC of .08 or greater, endangering the welfare of a child, leaving the scene of a property damage accident and moving from lane unsafely.

An arraignment date was set for Dec. 20.

(Initial Report)

Small car allegedly involved in hit-and-run on Farnsworth in Oakfield

By Howard B. Owens

Batavia Police have been alerted to look for a 1992 Dodge Shadow that was allegedly involved in a hit-and-run accident in the area of 20 Farnsworth St., Oakfield.

The small sedan reportedly lost its front license plate after striking at least one car at that address.

The maroon vehicle is registered to a Batavia resident and reportedly has heavy front-end damage.

Sheriff's deputies are responding to the scene in Oakfield.

UPDATE 7:02 p.m.: Car may have been located in Oakfield.

UPDATE 7:38 p.m.: It sounds like there has been arrest.

 


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Police Beat: Man accused of breaking into home, driving away drunk

By Howard B. Owens

David S. Hare, 38, of 5236 Cotton Road, Silver Springs, is charged with DWI, driving with a BAC of .08 or greater, criminal trespass, 2nd, and criminal mischief, 4th. Hare was charged following a report of a man entering a residence at 2:12 a.m. today in the area of Route 63 and Batavia-Stafford Townline Road, Batavia. The suspect reportedly broke the door to gain entrance to the house. He then reportedly drove from the scene. Hare was  found by Sgt. Thomas Sanfratello a short distance from the house where his car had driven off the road. He was issued an appearance ticket.

Jeffrey L. Upchurch, 46, of Butler Drive, Bristol, Tenn., is charged with DWI, driving with a BAC of .18 or greater, and unsafe lane change. Upchurch was arrested following a report of a truck driver and a companion leaving Red Osier on Route 5 in Stafford at 7 p.m., Friday, after being refused service. Upchurch reportedly got into a semi-truck that didn't have a trailer. His truck reportedly hit a tree as he pulled from the parking lot. Upchurch was reportedly found driving his truck on Route 5 just west of the city line by Deputy Matt Butler. Upchurch was jailed on $2,000 bail. (Initial Report)

Jon D. Smith, 28, and Sylvia L. Smith, 25, of 5 Prune St., Batavia, are charged with endangering the welfare of a child. The Smiths were allegedly found on Thursday by officer Kevin DeFelice to be keeping their children living in substandard conditions.

Philip R. Ayala, 25, of 732 W. Bridges Ave., Auburndare, Fla., is charged with unlawful possession of marijuana. Ayala was charged following a traffic stop on Bank Street on Thursday by Office Marc Lawrence.

Carrie L. Jackson, 32, of 3 Tracy Ave., Batavia, is charged with aggravated harassment, 2nd. Jackson is accused of sending threatening text messages to a male acquaintance.

Frankie Lee Brumsted, 19, of South Main Street, Batavia, is charged with unlawful dealing with a child. Brumsted is accused of hosting an underage drinking party at a residence on Batavia-Bethany Townline Road.

Michael S. Colombo, 30, of Batavia, is charged with unlawful possession of marijuana. Colombo was stopped by State Police at 8:26 p.m., Saturday, on Route 33 in Stafford.

Eric J. Flowers, 25, of Batavia, is charged with petit larceny and criminal possession of a controlled substance, 7th. Flowers was arrested by State Police at 4:13 p.m., Thursday. No further details provided.

Churchville defeats Ice Devils in season opener

By Timothy Walton

Batavia opened their 2010-2011 season by facing off against the Churchville Saints at the Blue Cross Arena in Rochester for the Section V Hockey Showcase. After two defensive lapses and two breakaway goals, Batavia found themselves down 3-0 early in the game, but wouldn't back off. Tim Finnell scored the Devils first goal of the season, as he deflected a shot by Josh Marr to put Batavia within two. Marr then rallied to close the lead to 3-2 as he snuck a puck under the pads of Churchville goaltender Dylan Niewiemski.

After the 2nd period intermission, the Devils came out down just one goal, but collapsed as Churchville added four more goals. Josh Marr scored his second goal in the third to end the score at 7-3.

Shawn Easton scored three goals for Churchville, while Tyler MacMillian added a pair and an assist. Anthony Bertolani also added a goal and assist for the Saints.

 Adam Kurek made the start for Batavia and recorded 15 saves. Niewiemski had 20 saves for Churchville (1-0). Batavia falls to 0-1 and will travel to face Aquinas on Wednesday.

Multiple-car accident with injuries reported on the Thruway, near Batavia exit

By Howard B. Owens

A multi-car accident with one possible injury has been reported in the westbound lane of the Thruway in the area of mile marker 390.1.

That's near the Batavia exit.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 5:39 p.m.: The westbound passing lane is being shut down. Below is a map of traffic taken about 5:35 p.m. from Google Maps. Google gathers data from mobile phones with Google Maps GPS enabled to track traffic patterns. The accident is three cars with one apparent minor injury.

UPDATE 5:54 p.m.: Photo at the top from Thruway web cam.

Dump truck and SUV involved in separate accidents at same location moments apart

By Howard B. Owens

A dump truck and an SUV slid off Route 63 south of Galloway Road yesterday in separate accidents that were only moments apart.

One person in the SUV reported a minor injury, but did not require transport to a hospital.

The driver of the dump truck was not injured after it slid off the snow-covered, wind-blown roadway and flipped on its side on the embankment.

Both drivers were cited for alleged violations related to their tires.

The accidents were reported at 9 a.m.

The dump truck was driven by Kevin E. Andrews, 35, of Allegheny Road, Basom. It is owned by PSI Disposal of Corfu.

The SUV was driven by Rebecca M. Lang, 21, of Bartz Drive, Alexander. She was also cited for alleged unsafe speed for conditions.

Lang's passengers included an infant and 34-year-old Charles D. Bucci.

Lang's vehicle slid off the roadway and struck the back of Andrews' overturned dump truck.

The dump truck was fully loaded at the time. No word on how long it took crews to get it upright again.

(initial report)

Alexander couple accused of sex act in public view

By Howard B. Owens

An Alexander couple were arrested today for allegedly engaging in a sex act in a public place.

The pair was reported to the Sheriff's Office by security personnel with a business on Veteran's Memorial Drive after they were allegedly witnessed engaged in sexual activity at 4:11 p.m.

Charged with public lewdness were Kelly Anne Brown, 34, and Karl James Hulshoff, 34, both of Broadway Road in Alexander.

Brown and Hulshoff were allegedly engaged in a sex act in a parked car in the vicinity of 4180 Veterans Memorial Drive.

They were arrested by Deputy James Diehl and released on an appearance ticket.

Christiano Cellular announces sale of company to Indiana-based firm

By Howard B. Owens

Batavia-based Christiano Cellular has been sold to a Marion, Ind.-based company, owner Roger Christiano announced today.

The new owner is Moorehead Communications, with 900 locations throughout the United States.

Christiano Cellular has locations in Batavia, Le Roy and Livingston County.

Christiano said with the sale, he's retiring.

A sale price was not announced.

The Christiano locations will be closed for a few days in early December while staff goes through orientation with the new company.

Full announcement after the jump:

Christiano Cellular, a local Verizon Authorized Wireless Retailer with locations in Genesee and Livingston counties, has been sold to Moorehead Communications, Inc., of Marion, Ind.

The announcement was made today by owner, Roger Christiano. Moorehead Communications' cellular division, known as The Cellular Connection, is the largest Verizon Wireless Premium Retailer in the Midwest with over 350 company-owned stores and over 550 owner-operated partners across the nation.

They are currently the fastest growing division in the wireless industry.

"After 20 years representing Verizon Wireless (formerly Frontier Cellular) in Batavia, LeRoy, Avon and Geneseo, I was looking for an opportunity to retire when this offer came along," Christiano said. "I appreciate being the first Rochester area agent to be approached by Moorehead Communications as they continue their expansion across New York State.

"My wife, Sharon, and I will end our career with Verizon Wireless with a feeling of accomplishment. We want to thank our employees for always going the extra mile for the customers of Verizon Wireless. And, of course, we want to thank our loyal customers for doing business with us over the years. We envision bigger and better things ahead when our existing sales staff joins forces with this dynamic new Premium Retailer."

Christiano Cellular stores will be closed for the first three or four days of December while the staff goes through orientation and training and the stores are converted to The Cellular Connection.

Dump truck rollover reported on Lewiston Road

By Howard B. Owens

A dump truck has reportedly rolled over on Lewiston Road near the Thruway bridge, Town of Batavia.

Unknown injuries.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 9:13 a.m.: The dump truck is on its side, fully loaded. There is a reported injury from the car that struck the truck.

Police Beat: DWI suspect jailed on $10K bail

By Howard B. Owens

James Lamar Poole, 46, of Fargo Road, Darien, is charged with DWI, unlawful possession of marijuana, unlicensed driver, driving left of pavement markings and consumption of alcohol in a motor vehicle on a highway. Poole was stopped at 1:46 a.m., Thursday, in Allegheny Road, Corfu, by Deputy Kevin McCarthy. Poole was jailed on $10,000 bail.

Gregory Scott Snyder, 42, of West Main Street, Batavia, is charged with criminal contempt, 2nd. Snyder allegedly twice went to the residence of a protected person in violation of a court's stay-away order.

Photo: Red Kettle Campaign kick off

By Howard B. Owens

The Batavia Salvation Army kicked off its annual Red Kettle Campaign today at Seymour Place, East Main Street. WBTA's Geoff Redick made the honorary first donation.

Photos: When will it snow?

By Howard B. Owens

Blake Polito, Mitch Riter and Austin Wilkson can't wait for it to snow so they can ski.

But while they wait, they hit upon an ingenious idea -- use the ice dumped from the Zamboni at the Falleti Ice Arena to fashion a mini ski ramp and get some practice in now.

The trio was out behind the arena today practicing-- with permission, they said, from the arena management.

If it's snow they want, they reportedly won't have long to wait. The National Weather Service has issued a lake effect snow watch from Friday afternoon until Saturday evening for parts of Genesee County, including, potentially, Batavia.

Two more pictures after the jump:

Suzanne Corona sentence: One year probation

By Howard B. Owens

Suzanne Corona -- the 41-year-old Batavia woman who admitted to sexual contact with an Oakfield man in Farrall Park over the summer -- was sentenced this afternoon to one year probation by City Court Judge Michael Delplato.

Her attorney, Brian Degnan, asked a conditional discharge -- meaning the charges would be dropped if Corona complied with certain requirements over a six-month period -- but Delplato said he thought the Probation's Department recommendation for probation was best for Corona.

Corona will need to continue in substance-abuse counseling, which she already started voluntarily, and stay out of trouble.

She previously pled guilty to public lewdness, a misdemeanor, and an adultery charge against her was dropped.

Outside of the courtroom, Corona was she was glad to put the embarrassing case behind her.

"I'm glad it's over," Corona said. "It was a long time coming. I'm glad. My family's glad."

Then she told the handful of reporters gathered outside the courthouse, "Hopefully there will be another scandalous behavior in Batavia to keep you all busy."

The reporters laughed and WHAM-13's Sean Carroll said, "One that doesn't involve you, right?"

"No, it won't involve me," Corona said.

Corona told Delplato prior to her sentencing that she's been going to private counseling three times a week and a group session once a week.

One reason Delplato decided upon probation, he said, was because she had a prior arrest in another state and she never went to court on the matter. There is an arrest warrant, he said, for her in that jurisdiction.

"It's my responsibility to fashion a sentence that addresses the needs you have," Delplato said. "That's why I'm sentencing you to a year in probation.

Delplato also ordered Corona not to have any contact with her co-defendant, 29-year-old Justin Amend.

Amend is currently a fugitive from justice. A warrant was issued for his arrest earlier this month after he failed to appear for his sentencing on a public lewdness conviction.

Police Beat: Alleged shoplifter drives off in car, found by police

By Howard B. Owens

Meagan Victoria Finzer, 21, of Clarendon Street, Albion, is charged with petit larceny. Finzer was allegedly confronted by loss prevention officers at Kmart shortly after 6 p.m., Tuesday, and she reportedly did not cooperate, and instead got into her car and drove off. A description of the vehicle, with license plate, was provided to local law enforcement and her car was stopped a short time later on West Main Street by Batavia Police. Following further investigation, she was taken into custody by a Sheriff's Deputy.

Michael John Coffta, 18, of West Main Street Road, Batavia, is charged with petit larceny. Coffta is accused of shoplifting from Kmart.

Joshua A. Kitanik, 22, of Oakfield, is charged with trespass. Kitanik was arrested at 4:48 p.m., Monday, by State Police on the Tonawanda Indian Reservation. No further details released.

Photo: Brent Persia's CD release party

By Howard B. Owens

Tonight, Pembroke native Brent Persia, hosted a CD-release party at Center Street Smoke House, Downtown Batavia. Before a full house, Persia sang songs from his debut CD as well as some favorite covers. The singer-songwriter's CD will be available for purchase through his website.

Police Beat: Oakfield man accused of shoplifting cigarettes

By Howard B. Owens

David Wayne King, 53, of Batavia-Oakfield Townline Road, Oakfield, is charged with petit larceny. King is accused of shoplifting cigarettes from Jan's Smoke Shop on the Tonawanda Indian Reservation.

Andrew R. Osborne, 18, of Drake Street, Oakfield, is charged with endangering the welfare of a child. Osborne is accused of sending inappropriate pictures to a female victim.

Joshua Charles Brownell, 19, of South Pearl Street, Oakfield, is charged with stalking, 4th, and harassment, 2nd. Brownell is accused of blocking a road with his vehicle and then exiting his vehicle and threatening another person.

Patrick Raymond Krieger, 20, of Genesee Street Road, Corfu, is charged with unlawful possession of marijuana. Krieger was approached at Kmart by Deputy Brian Thompson regarding alleged illegal tinting of his windows. During the interview, Thompson allegedly found Krieger to be in possession of marijuana.

Thomas William Glass, 37, of Steven Drive, Cheektowaga, is charged with unlawful possession of marijuana. Deputy Brian Thompson stopped Glass in the Village of Corfu for an alleged traffic violation at 1:40 p.m., Tuesday. During the traffic stop, K-9 "Jay" alerted on the vehicle.

Douglas James Karek, 50, of Geary Street, Buffalo, was picked up on a warrant out of Erie County Family Court. Karek was identified during a traffic stop on Route 33 in Corfu (Karek was reportedly a passenger in the vehicle driven by Glass above).

City Council agrees to auction foreclosed properties and develop two others

By Timothy Walton

The City of Batavia has eight properties owned by people who didn't pay their taxes. Monday night the city council voted to move forward with getting new owners for the properties. It agreed to put six of them up for auction, sell one to Habitat for Humanity and explore redevelopment options for the other.

The properties consist of five houses, plus two parcels of land zoned residential, and one commercial property located at 13-15 Jackson St., which is in Jackson Square.

The auction would hopefully allow the city to gain back some, if not all, of the unpaid taxes.

Councilman Bill Cox questioned that if the properties were sold to cover back taxes, would that change their assessed value? City Manager Jason Molino said he would be surprised if some of the properties sold for the amount owed.

They will be sold for prices lower than the surrounding houses. But in a distressed sale, Molino said the price of a "spotted" property is typically considerated without regard to the higher values of those around it.

Three of the residential properties have tenants. And one of the properties on Ellicott Street will have to be condemned due to the "terrible" shape it's in.

Council agreed to sell one of the properties to Habitat for Humanity, which will rebuild the house so it can become the home of a low-income family. Council saw this as an opportunity to take a house in rough shape and ensure it would be fixed up for a new family.

This was done as part of the Housing Development program.

Council President Marianne Clattenberg said that by starting out with one house being redeveloped, it gives them a chance to "start slow and see how this program works."

Molino carefully chose Habitat in order to virtually guarantee decent results for the first rehab project. Other agencies can be explored another time.

"The goal is to refurbish these houses and put families in them," Clattenberg said. 

Habitat is currently working on a house it bought for around $17,000. But Councilman Samuel Barone noted that it has never come up with the type of money it would need for this house-- nearly $21,000 in back taxes.

Molino said that before a sale contract is written, the nonprofit organization would be asked for a letter of commitment, promising completion of the project.

The only commercial property in arrears, 13-15 Jackson St., will take some time before a new owner can buy it.

The building has some historical background, according to Councilwoman Patti Pacino. Since it's in the Batavia Improvement District (downtown), the council would like to see it developed into something beneficial for the community.

They voted "yes" to seeking development options. The council wants to see the building used for a taxable purpose.

"It's going to take time," says Molino, who will have to gather information about what can be done with the property.

He added that his office has received interest in the building in the past.

Councilman Frank Ferrando said something needs to be done to avoid these situations. Action needs to be taken to get people and businesses to stay in the area.

"We talk about it and we don't take action," Ferrando said. "That's why these things happen. There isn't enough opportunity."

Councilman Bob Bialkowski summed the whole property situation up by saying "It's just very sad."

Majority at council meeting want more details on possible sale of Falleti Ice Arena

By Timothy Walton

Even though there are roadblocks in the way of selling the Falleti Ice Arena, a majority of Batavia City Council members said last night they to find out how much revenue could be generated by selling it. They also want more details about the original purchase.

On a 4-3 vote, after much discussion, and more information from City Manager Jason Molino on the difficulties of a sale, the council instructed Molino to gather facts about the purchase and, if the rink was sold, the options of handling the money.

With councilmembers Kathy Briggs and Tim Buckley absent, Councilman Frank Ferrando called for a vote at the next meeting on whether the city should continue to look at a possible sale of the arena.

Councilmembers Bill Cox, Bob Bialkowsk, Sam Barone and Rose Mary Christian all voted in favor of getting a professional appraisal.

As for the difficulties involved in selling the arena, Molino explained that the city had recieved $1.2 million for energy capital improvements. It was a 15-year loan.

Approximately $630,000 of that was spent on improvements at the ice rink.

The upgrades included; new lighting; an energy-management system; refrigeration improvements; foil ceiling to keep heat out; new exterior doors; a ventilation system to vent out carbon-dioxide from the Zamboni; and a new boiler that is used for heating both the ice rink and the fire department, which are connected.

These resulted in lower utility costs. The city's lease contract with Firland Management called for Firland to pay the city the difference due to the improvements. That's about $25,000 per year for the city -- roughly 30-percent of the annual $84,000 payment the city has to make for the 11 years remaining on the loan.

According to Molino, the rink was built in 1978 with a Community Development Block Grant, which required the city to build some type of multi-use community center and the vote went to putting up the arena.

Since it was built with CDBG funds, if the rink was sold, the revenue would have to be used to benefit low- to moderate-income families. The project would also need to be approved by the federal Department of Housing and Urban Development.

So the money would probably have to be used to build another community center or to put improvements into an existing one, yet it is not certain if the latter would be allowed.

Councilman Bill Cox asked Molino to submit a formal request to HUD to see what the money could be used for and find facts as to what could be done with revenue if the rink was sold.

Revenue from its sale could not go toward the city's loan. Batavia would have to pay the  balance with other money.

The city would also lose the $25,000 Firland pays toward the loan debt each year.

If the city maintains ownership and renews the agreement with Firland -- which the company wants to do -- the city could expect a total of $400,000 from Firland over the next 11 years. That's enough to cover debt service, including the $75,000 still owed on the Zamboni.

In a previous report, Molino guessed that the sale price might only be four or five times current revenue, or between $300,000 and $400,000. City Attorney George Van Nest has cautioned council members that finding a buyer could be difficult.

The city also receives $5,000 per year for five years from Falleti Motors, which won the bid for the naming rights in December 2006.

After expenses, the city still profits $10,000- $15,000 per year. The money goes into a rink reserve account, which is used for any repairs or building upgrades that may be needed. Any money the city puts into the rink, is money received from the rink.

After listening to Dave Meyer speak at last night's meeting, Councilman Frank Ferrando changed his position and now strongly opposes selling the arena.

He said the council was spending too much time on the issue -- treating it like it is critical to sell the arena.

"We are receiving money and there hasn't been a problem," Ferrando said. "We aren't in business. We aren't doing payroll."

He said Meyers had a good point by referring to the arena as "a park in the wintertime" and offers a lot for kids, families and even adults.

"I am kinda proud that we as a community provide the facility and we provide it in a way that isn't a burden to us," Ferrando said, "and we have income coming from it. We are making a complicated issue out of a simple issue."

Ferrando stated that selling the arena is "as ludicrous as dividing up Kibbe Park and selling it as property. ... I'm not interested in selling that ice rink."

Councilwoman Rose Mary Christian, who's in favor of the sale, argued that "I am not getting any service from the rink" as compared to the fire department and other services.

Councilwoman Patti Pacino responded by reminding Christian, that unlike the fire and police departments that are free to everyone, this is a different type of service because the people that play hockey, pay to use the arena. So the taxpayers aren't paying for sports there that not everyone plays.

Man who tried to steal oxycodone given prison term

By Howard B. Owens

A Batavia man who admitted to attempted robbery for trying to steal oxycodone from the Oakfield Pharmacy will spend one-and-a-half to three years in prison.

He must also receive substance-abuse counseling.

Cain Catino, 39, was sentenced in Genesee County Court today for the Sept. 20 attempted robbery, which was thwarted when the store owners wrestled Catino to the ground. It was revealed in court later that Catino had a knife on him at the time.

Last month, his mother, Kathleen Catino, 60, admitted she tried to smuggle oxycodone into her son at the Genesee County Jail. She is scheduled to be sentenced in January.

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