batavia

Marcella Greene Chelsea Mutter

Marcella F. Greene, 37, of Fernwood Park, Rochester, and Chelsea M. Mutter, 28, of Miller Avenue, Batavia, are both charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th.

Greene and Mutter were arrested by members of the Local Drug Task Force after local law enforcement responded a call at Quality Inn and Suites, 8250 Park Road, about an attempt to locate a warrant subject.

Upon investigation, Greene and Mutter were allegedly found in possession of crack cocaine. They were taken into custody without incident and also arrested on multiple outstanding warrants.

The duo was arraigned in Town of Batavia Court.  Greene was released under supervision of Genesee Justice. Mutter was released on her own recognizance. 

Batavia PD assisted in the investigation.

Brian Thomas Durett, 31, of Mount Vernon, Rochester, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and speed not reasonable and prudent. Durett was charged following an investigation by Deputy Moore of a report at 12:39 a.m., Dec. 24, into a report of a vehicle in a ditch on I-490 in Le Roy.  He was released on an appearance ticket.

The Batavia Blue Devils boys basketball team lost Thursday to Greece Olympia 64-47.

Javin McFollins and Tanner Mountain scored nine points each. Estavan Lovett and Sawyer Siverling scored six each.

Also in boys basketball, Notre Dame beat Lyndonville 83-56.

In girls basketball, Batavia beat Olympia 47-37. Jaylene Dersham scored 21 points and Julia Clark scored 10.

Wednesday evening seemed to be the right time to check out what was going on at Genesee County Animal Shelter on West Main Street Road, Batavia. Evening hours provided opportunities for several folks to visit, adopt a pet and/or drop off generous donations.

Top photo: Sara Rose of Revival Salon in Batavia brings in a donation of edible treats Wednesday evening for the animals at Genesee County Animal Shelter on West Main Street Road, Batavia. Bottom photos: Kevin and Krista Kretschmer donate a large assortment of items, a chart on the Volunteers For Animals website displays how donations are used, Ken Krueger adopts Princess, a cat makes itself comfortable in the greeting room and Mike and Patty Uzialko snap a photo of their future household addition, Juliette. Photos by Howard Owens

Jonathan Maher, 9, and his younger brother Henry, 6, couldn’t help but check out the dogs heard barking down the hall at Genesee County Animal Shelter.

The boys had come to the West Main Street site this week to make their donation to Volunteers For Animals, which operates out of the shelter. It was one of at least three donations brought in during a 90-minute span.

“We had some share money and didn’t know what to do with it,” Jonathan said as to why they were visiting on a snowy Wednesday evening. “I really like animals.”

His mom, Melannie, explained that the youngsters earn a regular allowance, and they merge some of the money for a “share” fund, which is given to charity. 

“We had dropped off some stuff before and thought it’d be nice to help the local shelter,” she said. “They were so excited to come and see the animals.”

Seeing the animals: Ruben

The boys met Ruben, a friendly and energetic pit bull terrier mix with a light tan coat and spots of white at his paws and chest. Reuben was previously adopted, but was returned when his family discovered he needed “an attitude adjustment,” VFA President Debbie Stocking said. 

“He has a lot of behavioral issues and is getting training,” Stocking said. “He loves people. He wants to learn, he really tries.”

Ruben is about 2 years old and loves to play with toys. The blue-eyed looker would be ideal with someone who can be his leader and understand his need for exercise and having “room to run,” Stocking said. He is a playful and affectionate boy who will do best in a household that provides consistent guidance and direction. Ruben is learning loose leash walking and receiving some basic obedience training while at the shelter. Volunteers say he will excel in a household that will maintain the training and give him a structured environment.

And Sammie … 

Then there was Sammie, who stood taller than his cellmate as a black and tan hound mix. Found as a stray at the Rez Smoke Shop and Gas Mart, Sammie’s sweet disposition belies her untold time without a home. She’s in heat and will get spayed when possible.

“This is the best place for her to be, rather than going out and getting pregnant,” Stocking said. 

Sammie can go to a good home now, and the spaying procedure will be paid for by VFA. Stocking wasn’t certain whether she gets along with dogs and/or cats because she was just brought in, however, she demonstrated an enthusiastic joy for mingling with people. She is estimated to be 1-1/2 years old and weighing in at around 70 to 80 pounds. She is a strong young lady and is receiving some training as well.

Volunteer Vern Luce favors Sammie, he said, because she reminds him of a dog he adopted when the new shelter first opened. That other dog, named Kazoo, was a 10-month-old shepherd-Rottweiler mix.

“She was just so sweet,” Luce said of his prior pup, turning to the brown, long tail-wagging Sammie. “That’s why I like her.”

Coco and River …

Coco is a brown Labrador retriever mix from a shelter in Kentucky. After torrential storms leveled nearby states, the Kentucky shelter cleared out some of its inventory to make way for animals from those devastated communities, Stocking said. VFA took in six of those dogs, about half of which have already been adopted. Coco is a “very sweet” 4-year-old who loves greeting visitors. River is another rescue from Kentucky. He is a 2-year-old black Labrador retriever/German Shepherd mix.

“They’re good with other dogs, and they play with everybody,” Stocking said. 
  
Hunter and Felco …

Jonathan and Henry also met up with Hunter and Felco, two Catahoula puppies. Rather tall and lean for their age of nine months, the light brown pups are differentiated by a lighter white vertical patch on Felco’s face. 

“They love to play, and they can run and run and run,” Luce said. 

There were 10 dogs up for adoption, and about a half dozen cats, as of Wednesday evening. The Batavian will be publishing periodic stories about the animals in need at the shelter, including those that have been rescued, turned in, or found as strays. That doesn’t mean they will make ideal holiday gifts, Stocking said. What may seem like a cute surprise to hand to a child — or even to an adult — can soon become an inconvenience, she said. 

“We don’t recommend a pet for Christmas,” she said. “Nine out of 10 come back. I would never suggest a pet as a gift. Adopting a pet is a lot of responsibility.” 

Adoption fees are $60 for county dogs and cats and $50 to $150 for rescues from out of state. If the animal is not spayed or neutered, there is a $35 refundable deposit that is returned upon proof of surgery. An adoption application must be filled out at the shelter by the person wishing to adopt the animal. Once the application has been reviewed and approved, the potential adopter may visit and meet any of the animals. All cats must leave the shelter in a cat carrier, to be supplied by the adopter.

If you’re ready for the long-term commitment of raising a four-legged friend, contact the shelter at 585-343-6410, Option 7, to schedule an appointment. For more information, go to vol4animals.org. 

Top photo: Jonathan and Henry Maher drop off a monetary donation to Volunteers For Animals during a visit Wednesday at the Genesee County Animal Shelter in Batavia. They visit with residents Ruben, Sammie, Coco, River, Hunter and Felco, assisted by volunteers Cindy Moag, Debbie Stocking, and Vern Luce. 

Photos by Howard Owens.

This is County Building #2 on West Main Street Road, Batavia, earlier this evening.

If Michael Tomaszewski were to receive the maximum sentence in prison under the law for his crimes, the court would have no leverage to ensure he paid back his victims the more than $500,000 he stole from them, County Court Judge Charles Zambito told a courtroom full of people defrauded by the disgraced funeral director this morning.

To help make sure Tomaszewski is motivated to make restitution, Zambito sent him to prison for a bit less than the maximum term.

Instead of 2 1/2 to seven years in prison, Zambito ordered Tomaszewski to serve from two to six years on the most serious charge he admitted -- grand larceny in the third degree.

On his scheme to defraud and his offering a false instrument for filing, the sentence was 1/3 to four years each, and on the misdemeanor improper burial charge, 364 days.

All sentences are to run concurrently.

"What I can’t break away from is that for 12 years, you went to work every day knowing that the day before you had broken the law and you were going to break the law again," Zambito said. "This isn’t something that you forget about. This is something you don’t know about. You knew what you were supposed to do with that money. You just chose not to do it. Why? Because it was beneficial for you and you figured you would never get caught. That says more to me about your character than any good works you have ever done. I just can’t get around it."

Zambito said the best interest of the community is that Tomaszewski's victims have some assurance that restitution is possible.  With a maximum sentence, once Tomaszewski's time was served, he couldn't be hauled back into court if he stopped paying restitution.  Today's sentence will ensure that if he slips on his obligation, he can serve as much as 15 years total on the conviction.

Public Defender Jerry Ader argued for a community-based sentence (probation, with no prison time) to best ensure Tomaszewski made restitution to his victims. 

During his statement to Zambito, he reminded the judge he had the latitude to use Genesee Justice as it was originally intended, to bring restorative justice to victims and offenders. 

Used in that way, Tomaszewski would be required to meet individually with each of his victims so he would have to face the totality of his crimes, to feel the shame, to explain himself.

"It's innovative," Ader said. "It's not used.  But it's what people want. People are longing to be heard. They want my client to feel shame, more than he's shamed already."

Interim District Attorney Kevin Finnell said he wanted to see Tomaszewski go to prison for the maximum time the law would allow, characterizing Tomaszewski's actions calculating and a crime against the whole community.

"People trusted him," Finnel said. "(His involvement in the community) was simply a way of gaining trust, to be the good guy, to make friends, 'then you will come and give your money and I will take it.'  Mr. Tomaszewski took their money and then broke their trust. 

"What Mr. Tomaszewski did was so egregious, so calculating, so wrong. I would submit that the court has no alternative but to sentence him to the maximum allowed and that's a 2 1/3 to a seven-year term."

Ader pushed back at what he characterized as Finnell's attempt to paint his client as some sort of evil mastermind who fooled everybody in the community just to enrich himself.

He said there is no evidence Tomaszewski has a gambling problem or a drug use problem.  He said his client used the funds he failed to keep in trust to help grow his business; that he invested it in new buildings and new business ventures.

"It all went back into his business," Ader said. "It was wrong and he know it was wrong and he couldn’t stop because the business was helping people and he wanted to help people.

"My client isn't some sort of Bernie Madoff character who is stealing money in this Ponzi and living lavishly. That is somebody who should be punished for the rest of his life. This is somebody who mismanaged. And if you want to call that poor business, poor judgment, those are choices he made. Bad choices. Criminal choices. But they were choices. Yes, his intent, obviously, was to put that money back into the business but he still provided services."

Zambito didn't buy it.

"I don’t believe you are somehow sacrificing your own life, depriving yourself or your family," Zambito said. "You had what appeared to be a very successful business. You say in your pre-sentence investigation that you invested in the business. 'I needed the money for the sprinkler system. I needed the money to start the Dibble Center. Don’t you think there are other business people out there who need the money to improve their businesses, who want to do the best they can to start new ventures? They borrow the money if they don’t have it. They go to banks."

The defense delivered to the court more than 50 letters from members of the community, including letters from people who were clients of the funeral home, attesting to Tomaszewski's good character, saying he was a good guy who just made a mistake and mismanaged his business.  They pointed to his involvement with the Lions Club, to his charitable work, to his support of community organizations.

Zambito said he also had a binder containing information on 91 victims of Tomaszewski's fraud, documenting more than 12 years of criminal activity that cost members of the community more than $500,000. Yes, some of those victims do only want restitution, Zambito said, but many others want justice, they want Tomaszewski to go to prison.

"They believe that the scope and breadth of your crimes outweigh the positive things that can be said about you," Zambito said.  "I get that you did good things but you did it with other peoples' money."

After adjusting for the $32,000 Tomaszewski was going to pay today and five percent interest on the original amount of restitution required, Tomaszewski owes his victims $569,434.92.

Zambito ordered Tomaszewski to pay $2,000 a month upon his release from prison, which Zambito said he felt Tomaszewski would have no trouble making full restitution within 10 years of his release because he's shown he has the ability to earn money, particularly in the restaurant business.  

Currently, Tomaszewski's former funeral home building is listed for sale for $1 million and another building he owns on West Main Street is listed for $165,000.  He also has a pending bankruptcy with $3,242,390 in liabilities.  The money owed to victims who filed claims in the federal court cannot be discharged through the bankruptcy proceeding.

Al Kurek, one of Tomaszewski's victims, made a statement to the court during today's hearing. He called Tomaszewski one of the community's "golden boys" who had a successful business and won people's trust but squandered his accomplishment. 

"There was only one problem," Kurek said. "All the time he was offering comfort and condolences, he was practicing deceit.  He sat across from clients over the years, stared them in the eye, shook their hands providing them with assurance and comfort while all the time knowing that their monies were going directly into his pocket.

"What he actually gave clients was mental anguish and suffering as well as lies, pain, grief, and heartache. The Batavia community had its soul scorched when all of Michael's criminal and unethical activities were revealed." 

Joan Mariucci said Tomaszewski stole her trust.

"There are two Rs," she said. "There’s rich and there’s retired.  We’re retired. We’re not the rich. We don’t have that kind of money just laying around to give to someone else."

Interim District Attorney Kevin Finnell.

Public Defender Jerry Ader.

Judge Charles Zambito.

Click here to visit our Facebook page or order food online.

Press Release:

In collaboration with the American Red Cross, Batavia Community Schools is sponsoring a Blood Drive on Thursday, December 30, 2021, from 9 AM-2 PM at Robert Morris Multi-Purpose Room, 80 Union Street, Batavia. 
 

Click here to schedule an appointment, or call the American Red Cross at 1-800-733-2767. Appointments are still available. 

 

As of August 9, American Red Cross requires that all individuals at blood drives wear a face mask regardless of vaccination status.

A power outage affecting 740 National Grid customers is reported along South Pearl Street Road and south nearly to Alexander Road, from the City of Batavia to near Darien.

The power outage was reported at 1:41 p.m.  

It is unconfirmed if related, but there was a motor vehicle accident reported at 2901 South Pearl Street Road, Pembroke, at about the same time the outage started.

The estimated power restoration is 3:45 p.m.

UPDATE 3:15 p.m.: Power has been restored.

Residents throughout the county proudly display their Christmas trees in front windows so every passerby might enjoy the Christmas spirit.  Here are a few such trees in Batavia.

Today, VivIFY Hydration Lounge & Medispa hosted its grand opening and ribbon cutting at 413 East Main Street, Batavia.

The spa offers intervenous hydration along with the administration of vitamins, minerals, and nutrients appropriate to the client's needs.  The IV process enables the body to absorb 100 percent of the nutrients, a result not possible through pill-based supplements.

Infusion options include increased immunity, athletic recovery, a cure for a hangover, a metabolism boost, migraine relief, and hunger suppression. 

Appointments can be made by calling (585) 494-7411.

The former Santy's Tires building on Ellicott Street, which along with the former Soccio & Della Penna building, is part of a redevelopment effort downtown known as Ellicott Station, is nearly gone as construction on the $22 million project continues.

The brownfield redevelopment site has been vacant for many years and has been a challenge to redevelop because of environmental contamination.  Grants and tax abatements, about 15 percent of the project's funding, help offset the cost of environmental clean-up.

Savarino Companies of Buffalo is the project developer. It will include 55 apartments, office space, and a restaurant.

It is Christmas Sweater Day at Batavia Middle School.

Top photo: Evan Patrick, 5th grade, models his sweater.

Demarius Johnson, 5th grade

Reid Presley, 5th, and Robert Thurston, 5th.

EIghth-graders Kritina Buchanan, Alora Becket, Mimi Weicher, and Paige Harmon.

Vice-principal John-Martin Cannon and Principal Nate Korzelius.

As parents and school leaders grapple with how to manage ongoing student mental health issues as a result of the pandemic, increased isolation and heavy social media use, it seems to come down to the basics.

That was the message from Tharaha Thavakumar, a school-based therapist with Genesee Mental Health, during a Zoom meeting with media Friday. 

“I think we just need to be putting out more goodness, with the way everything is in society,” she said. “I think we have to not normalize violence. I think we need to start seeing the kindness and the goodness, and other things that are happening in the world that are not violent.” 

That’s a tall order, considering that social media has pushed the limits of fun and innocuous posts into dangerous territory. Thavakumar’s talk, sponsored by Rochester Regional Health, stemmed from a TikTok challenge to kids across the country. They were encouraged to participate in a “Shoot Up Your School” challenge on Friday, Dec. 17. While some districts across the country closed school for the day, many others, including Batavia City Schools, tightened their safety protocols and had school resource officers and/or local police on-site or nearby just in case of an event.

There were no reports of any shootings Friday, but even the anticipation of such events can make for “heightened awareness,” Thavakumar said. Although there were no imminent threats, the idea of someone bringing a gun to school and using it can definitely cause “a lot of anxiety to the parents, to the teachers, to the faculty, to the students,” she said.

Living in an online world ...
“It’s unfortunate that social media has this power to kind of cause these threats and anxieties,” she said. “We’ve already had a rough year, just coming off of remote learning and hybrid learning.”

Take the pandemic and related stress, and then add “those societal threats” to it, and it really has a negative impact to mental health, she said. 

“It’s initially always that humans go to the negative; it’s how we view things,” she said. 

Having children of her own, Thavakumar understands the need to weigh each situation to determine the level of safety or danger. Her teenage son didn’t want to go to school after hearing about the challenge the night before. His mom suggested that they wait and see what, if anything, happens on Friday before making a final decision. On Friday, they came to a mutual conclusion.

“My kids did go to school today, I felt confident enough in school safety. I knew my son would be surrounded by kids he knew,” she said. “The kids I work with had a lot of anxiety; they had lockdown drills. Actually experiencing it is scary, it is something very traumatizing the kids have to go through … a pandemic and masks, school shootings, and threats seem to be happening more frequently. This is a reality that kids have to deal with, so it’s a constant trauma.”

Those intense feelings can make it very difficult to focus on academics, she said, and kids adapt to being in “fight or flight mode” and acquire “a whole lot of” physical ailments, poor sleep and mental health issues. 

“And then we wonder why kids can’t do well in school, because they’re in constant survival mode,” she said. 

Communication is key ...
As pointed out by Batavia High School Principal Paul Kesler and senior Kylie Tatarka at this month’s city schools board meeting, good communication is crucial for helping kids cope. Both high school members talked about a strategy of having counselors visit students in class to check out how each is doing. That falls in line with Thavakumar’s advice.

“Talk to the kids and work on relationship building. If you as a parent notice your child is withdrawing, get them help,” Thavakumar said. “Just be aware … children are going through a lot. If they say they’re nervous, ask them why. Validate how they feel, and I think that’s the biggest thing that we miss. A lot of times were like it’s Ok, everything will be fine. No, it’s Ok to be upset.”

If one’s child doesn’t want to talk to his or her parent, then find a trusted person who they can and will talk to, she said. Kids are worried about what’s going on in the world, she said, and having a trusted relationship lets them know there’s someone they can go to when needed. 

How to begin ...
The School Mental Health and Training Center offers articles, assessment tools, and tips for how to deal with a mental health concern and emotional well-being. The site also provides mental health conversation starters to offer examples of what parents might say to get the ball rolling with a tight-lipped child.

This toolkit provides sample prompts for a variety of situations or concerns as well as tips on how to discuss good mental health habits in students and how to create a safe, caring, and age-appropriate atmosphere for ongoing conversation and dialogue with children and youth.

Instead of asking a yes/no question, such as “Are you okay?”, the site suggests to start a conversation that invites your child to share beyond a one-word answer. These may include:

• “It seems like something’s up. Let’s talk about what’s going on.”
• “I’ve noticed you’ve been down lately. What’s going on?”
• “Seems like you haven’t been yourself lately. What’s up?”
• “You don’t seem as ______ as you usually are. I’d like to help if I can.”
• “No matter what you’re going through, I’m here for you.”
• “This might be awkward, but I’d like to know if you’re really alright.”
• “I haven’t heard you laugh (or seen you smile) in a while. Is everything okay?”
• I’m worried about you and would like to know what’s going on so I can help.

Not all conversation starters need to be questions, the site states, and many times a caring statement and a moment of silence is all it takes for someone to begin sharing.
When noticing a change in behavior, it’s important to focus on the reason or emotion behind the action rather than the action itself. Avoid asking “Why are you (not) ______?” and, instead, state what you are noticing and what might be behind the behavior.

For example:

• “I’ve noticed that you seem more anxious on Sunday nights. What’s going on?”
• “Have you noticed that you’re not eating all of your dinner lately? I wonder if something is bothering you.”
• “I haven’t seen you playing basketball like you used to. What’s up?”

Noting, and asking about, a child’s behavior in a non-judgmental way avoids a typical “good/bad” dynamic that also demonstrates concern and care, it states. 
Thavakumar’s advice to highlight more of the good in the world diminishes what the site calls "a reinforcement of negative stigmas."  The Mental Health Association of New York State urges adults to watch for ways that students are practicing good mental health and wellness skills and to talk about it with them. 

For more information, visit the School Resource Center at mentalhealthEDnys.org.

Jackson Primary School hosted a drive-thru Christmas parade this evening for Jackson students and their families.

In the top photo, Jaxon Noonan reacts to seeing Santa while his parents Gemma and Kevin Noonan enjoy the moment.