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Grand Jury: Man accused of stealing more than $50,000 from Bergen business

By Billie Owens

Bruce D. Smith is indicted for the crime of second-degree larceny. It is alleged that between about April 2018 through March 2019 in the Town of Bergen that Smith stole property having a value of more than $50,000. In count two, he is accused of falsifying business records in the first degree, a Class E felony. It is alleged in count two that in October 2018 that he acted with intent to defraud and falsified an entry into a business's financial records for the period of July 2018 through January 2019.

Christopher C. Good is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 20 on Liberty Street in Batavia that Good knowingly entered and remained unlawfully in a dwelling with the intent to commit a crime and caused physical injury to a victim inside. In count two, he is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to the victim. In count three, Good is accused of third-degree menacing, a Class B misdemeanor, for intentionally placing or attempting to place the victim in fear of death, imminent serious physical injury, or physical injury. In count four, Good is accused of second-degree aggravated harassment, a Class A misdemeanor, for communicating with a person with the intent to harass, annoy, threaten or alarm that person by making a threat to cause physical harm, thereby causing the victim to reasonably fear harm for their safety or their property, or that of their family or household.

Daniel E. King is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 9 in the Village of Corfu that King drove a 2006 Suzuki on Route 33 while his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, he is accused of DWI, also as a Class E felony, for allegedly driving while intoxicated that day. In count three, King is accused of refusing to submit to a breath test. In count four, he is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for allegedly driving on Phelps Road in the Town of Pembroke on Nov. 12 while under the influence of alcohol or a drug while his license was suspended or revoked by authorities. In count five, King is accused of DWI for allegedly driving on Phelps Road in the Town of Pembroke while intoxicated on Nov. 12. In count six, he is accused of refusing to submit to a breath test Nov. 12 on Phelps Road in the Town of Pembroke. In Special Information filed by District Attorney Lawrence Friedman, he is accused of having been convicted of DWI as a misdemeanor on Aug. 6, 2012, in Greene County Court, and that conviction forms the basis for the suspension or revocation referred to in counts one and four of the current indictment.

Lisa A. Way is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 5 in the City of Batavia that Way drove a 2011 Chevolet on Ellicott Street (Route 63) and on the driveway/parking lot at an address on that street while intoxicated. In count two, Way is accused of refusing to submit to a breath test. In Special Information filed by District Attorney Lawrence Friedman, she is accused of having been conviction of DWI as a misdemeanor on Nov. 8 in Town of Newstead Court in Erie County and that conviction was within 10 years of the crime alleged in count one of the current indictment.

New website will serve info to community on South Lyons Bridge project

By Howard B. Owens

The Genesee County Highway Department has created a website to help the public informed during the reconstruction of the South Lyon Street Bridge.

To visit the website, click here

This is a $3 million project with 80 percent covered by federal grants.

Construction is expected to begin in spring 2022.

Considering the importance of this bridge to the traveling public in our community, a website was created to keep residents and businesses apprised of the project's progress," said Laura Wadhams, assistant county engineer. "Please check the website for updates as the design process continues, and through construction for progress photos."

Grass fire reportedly spreads to porch on Vine Street

By Howard B. Owens

A grass fire has reportedly spread to a porch at the back of 30 Vine St., Batavia.

The upstairs apartment may be occupied.

City fire responding.

UPDATE 2:15 p.m.: A quick response by City fire appears to have gotten the fire knocked down before there was any serious structural damage. All occupants exited the apartments safely and no pets were hurt or lost. The fire is under investigation and more information will be released later.

UPDATE 3 p.m.: City fire is back in service.

Sponsored Post: Bontrager hosts liquidation sale of Roxy's Music! Bid online now

By Lisa Ace


Roxy's Music Store, owned by the Rose Caccamise family, has been a well-known establishment in Batavia for many decades. The store and its merchandise is currently being liquidated by online auction.

The auction will include many accordions from Rose's personal collection, as well as stock from the store: instruments, accessories, audio equipment, sheet music, store hardware, and more.

The online auction is underway and ends March 16th. It can be found at bontragerauction.com. Successful bidders will be picking up their purchases on March 18th and 19th.

Law and Order: Bethany man accused of possessing cocaine and pot after stop in Covington

By Billie Owens

Louis M. Coleman, 48, of Bethany (no address provided), was arrested on March 7 after a traffic stop on Route 63, in the Town of Covington. He was the driver of a vehicle stopped for erratic operation and was allegedly found to be operating with a non-driver ID, with a total of seven suspensions/revocations dating back to 2001. According to the Wyoming County Sheriff's Office incident report, a bag containing more than two ounces of marijuana was "in plain view on the passenger floor, and a suqsequent vehicle search led to the seizure of a vial containing over a gram of cocaine." Coleman, a three-time convicted felon -- including one violent felony -- was taken into custody and processed at the Wyoming County Sheriff's Office. He is charged with: criminal possession of a controlled substance in the fifth degree, a Class D felony; criminal possession of marijuana in the fourth degree; aggravated unlicensed operation in the second degree; unlicensed operation; and following too closely. He was arraigned virtually for Warsaw Town Court, then held without bail in Wyoming County Jail. He is due in Wyoming County Court on March 19. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Nateeka Marie Gibson, 31, of Tracy Avenue, Batavia, is charged with: third-degree criminal trespass; obstruction of governmental administration; and resisting arrest. At 2:22 p.m. on March 6, deputies responded to Walmart in Batavia for a reported trespassing complaint. Following an investigation, Gibson was arrested. It is alleged that she trespassed in Walmart after being previously banned from the store and that she resisted arrest when deputies took her into custody. She was issued appearance tickets and is due in Town of Batavia Court on April 29. The case was handled by Deputy Erik Andre, assisted by Deputy Ryan Young and Deputy Howard Wilson.

Patsy A. Rapone, 53, of Ellicott Street Road, Bethany, is charged with: endangering the welfare of a child; criminal mischief; and criminal contempt in the second degree. Rapone was arrested after he responded to Batavia Police Department headquarters to turn himself in. He was arraigned in Batavia City Court and put in jail in lieu of bail (unspecified). He is scheduled to reappear in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider.

Reginald Charles Sampson Sr., 55, of Ellicott Street, Batavia, is charged with: driving while intoxicated -- with a BAC of .08 percent or more; DWI -- first offense; aggravated unlicensed operator in the third degree; and moving from lane unsafely. At 5:50 a.m. March 5, Sampson was arrested on Ellicott Street in Batavia following a motor-vehicle accident that occurred in Bergen. It is alleged that Sampson exited the roadway and struck the Lyman Road sign in the area of 7268 Route 33 in the Town of Bergen. He was issued traffic tickets and is due in Bergen Town Court on March 17. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Jordan Alejandro.

Steven I. Decker, 71, of State Street, Batavia, is charged with trespass. On March 2, Batavia Police Officer Peter Post arrested Decker for trespass after a disturbance at a business on Jackson Street in the city. It is alleged Decker refused to leave the premises. He was given an appearance ticket and released with a return date of May 4 to be in Batavia City Court. Officer Mitchell Cowen assisted in the case.

Caller reports big coyote walking behind NYS School for the Blind

By Billie Owens

A caller to dispatch reports a "50 to 60 pound coyote is walking behind the Blind School," on Richmond Avenue in the city. An officer is going to phone the caller for more details.

If so, that's hefty, by coyote standards. The average adult weight is 25-35 pounds, with some reaching 42 pounds. The largest on record in the United States is 75 pounds.

UPDATE: Photo of coyote by Gary and Tina Smith.

Unattended propane heater cited as cause of garage fire Saturday

By Press Release

Press release:

On Saturday, March 6 at 11:45 a.m. the City of Batavia Fire Department was dispatched to a garage fire at 344 W. Main St., Batavia. City Engine 11 and Ladder 15 arrived at 11:48 a.m. to find a 20’ x 20’ detached wood-frame garage engulfed in flames.

Two hose lines were deployed bringing the fire under control within 10 minutes.  

Destroyed along with the building was a 2014 Toyota Camry and several tools. Two nearby structures received minor damage from radiant heat. No firefighters or civilians were injured.

City of Batavia Fire Department investigators determined the cause of the fire to be accidental due to an unattended portable propane heater.  

The City of Batavia Police Department and Genesee County Emergency Dispatch assisted with the incident.

Captain Marty Hinz

Photo by Howard Owens.

Photo: Label Shopper in B.J.'s center holds grand opening

By Howard B. Owens

Brian Greer, manager of Label Shopper, the newest discount retail store in Genesee County, cuts the ribbon Saturday during the store's official grand opening.

Label Shopper in a multi-store chain with outlets throughout the Northeast that specializes in clothing.

The store is located in the B.J.'s Plaza on Lewiston Road in Batavia.

City to repair water line on River Street Monday

By Press Release

Press release:

The City Water Department is planning to make repairs to a water line in the area of 53 River St. on Monday, March 8. Repairs will begin at 8 a.m. and should be completed by 3 p.m. The water may have to be shut off from #73 River to South Main Street.

This will result in low to no water pressure condition for some residents. Other residents in the area may experience discolored water, which should return to normal once repairs are complete. Residents should check to make sure water clarity has returned before resuming activities such as laundry, which may be impacted.  

We appreciate your patience while these repairs are being made.

Accident blocking traffic at West Main and Porter Avenue in the city

By Billie Owens

A two-car accident that is blocking traffic is reported at West Main Street and Porter Avenue in the city. City fire is on scene along with Mercy medics and police. Minor, if any, injuries.

UPDATE 1:41 p.m.: City fire assignment is back in service.

Current guidelines gives City Schools no room to expand in-class learning, superintendent tells trustees

By Howard B. Owens

If he could open Batavia city schools up to in-class learning five days a week any time soon, he would, Superintendent Anibal Soler told the Board of Education at its regular meeting on Monday.

He said he knows some neighboring districts are going to daily in-person instruction, but he said the district won't violate any state or CDC guidelines to make it happen in Batavia.

"From our standpoint, if we can put more kids on the bus, we already would have done it," Soler said. "If we could get more kids in a class, we already would have done it."

He said he is staying abreast of guidelines and if changes are announced, the district will be able to work quickly and diligently to adjust.

Also during his superintendent's report on Monday, he said guidelines on masking have changed. Under the new policy, if you have your mask on and the other person has his or her mask and you're not within six feet of each other, you're not going to be subject to quarantine if the other person tests positive for COVID-19. Under the previous policy, anybody in the same enclosed space, such as a classroom, even if 20 feet apart, would be subject to quarantine. 

"This is meant to limit the number of kids and limit the number of teachers who get quarantined," Soler said. 

Soler also updated the trustees on testing.  

The U.S. Department of Education denied the state's request to waive all required state testing for students in grades 3-8 and the Regents test for grades 9-12. As a result, the district will be required to test all in-person learning students, third grade and up, in Math, ELA, and the Regents exams. The state has said these tests will only be used for diagnostic purposes and will not harm school accountability reports. The state is considering not using Regents exams as a requirement for graduation. 

Soler said the district expects to receive more information on testing and graduation and when that information is released, principals will be communicating directly with students, families and staff.

Finally, photo below, Officer Jason Davis, who has served recently as the district's resource officer, was honored by the district as approaches retirement for his service to the community and the district.

Photo courtesy of Anibal Soler.

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Search reportedly underway in Ecuador for missing Batavia man

By Howard B. Owens

UPDATE: Statement from U.S. State Department:

The welfare and safety of U.S. citizens abroad is one of the highest priorities of the Department of State. We are aware of a U.S. citizen missing in Ecuador. When a U.S. citizen is missing, we work closely with local authorities as they carry out their search efforts, and we share information with families however we can.

A Batavia resident with years of volunteer service locally and overseas, including the Peace Corps, is reportedly missing in Ecuador.  

Travis Sackett has reportedly been missing since Feb. 21 after going on a hike to the Imbabura Volcano.

Recently, he has been a volunteer at a farm in Ecuador.

The U.S. Embassy in Ecuador has reportedly been notified that Sackett hasn't been heard from since he left for the hike. Local search efforts began on Feb. 25.

The Batavian has been unsuccessful in attempts to confirm his status either through a family member or by contacting the U.S. Embassy in Ecuador or the U.S. State Department. 

Cassie Toulet-Crump has set up a GoFundMe page to assist his mother, Lucy Sackett, with expenses related to the search for Travis, including a reward. 

The GoFundMe page says Sackett's parents are offering a $1,000 reward for information that leads to the safe return of their son. Donations will help increase the possible amount of the reward.

Word of Sackett's possible disappearance and the GoFundMe page has been spread widely in the community over the past 24 hours over social media and local email chains.

Three local students transfer to SUNY Canton

By Billie Owens

More than 200 students transferred to SUNY Canton for the Spring 2021 semester.

The college's Director of Admissions Melissa J. Evans said, "We pride ourselves on our ability to provide the right programs and services for our transfer students."

In addition to traditional college freshmen and transfer populations, Evans said the college's current recruiting strategy includes reaching students who attended college but never completed a degree.

"We are able to walk people through the process of applying to college whether they've been away for a few months or 10 years," she said. "We can help evaluate transcripts before beginning the application process." 

Among the students who transferred are:

  • Dawn Hunter, a SUNY Canton Legal Studies major from Batavia;
  • Zechariah Gowanlock, a SUNY Canton Emergency Management major from East Bethany;
  • Tonya Smith, a SUNY Canton Health Care Management major from Le Roy.

About SUNY Canton 

As Northern New York's premier college for career-driven bachelor's degrees, associate degrees and professional certificate programs, SUNY Canton delivers quality hands-on programs in digital design, engineering technology, health, management and public service. Faculty members are noted for their professional real-world experience in addition to outstanding academic credentials. As SUNY's leader in online education, SUNY Canton Online offers hundreds of flexible and convenient courses as well as 22 online degree programs. The college placed first in 14 categories in a SUNY-Wide Student Opinion Survey, most notably in career services, tutoring, library resources, and classroom facilities. The SUNY Canton Kangaroos 15 traditional athletic teams compete at the NCAA Division III level as part of the North Atlantic Conference. SUNY Canton also features varsity esports and cheerleading.

Batavia's new K9 patrol apprehends fleeing suspect

By Howard B. Owens

         Dejon Smith

After a passenger in a vehicle stopped by a Batavia police officer bolted from the car at 6:01 p.m., Feb. 25, K9 Batu was pressed into service helping with his first apprehension of a fleeing subject.

Handler Stephen Quider and Batu started patrol duties together earlier this year. 

Taken into custody was Dejon. J. Smith, 21, of Rochester. He was apprehended after a brief foot pursuit. Batu reportedly located Smith behind a residence on Ellicott Street.

Crack cocaine and marijuana were recovered at the scene of the traffic stop and police report finding additional crack cocaine inside the storage shed.

Also taken into custody was Germayne D. Session, 27, of Rochester.

Smith is charged with: criminal possession of a controlled substance with intent to sell; criminal possession of a controlled substance, 4th; burglary, 3rd; unlawful possession of marijuana, 2nd; tampering with physical evidence; resisting arrest; and obstruction of governmental administration. 

Session was charged with driving a vehicle with a revoked or suspended registration, unlicensed operation, unlawful possession of marijuana, 2nd.

Smith was turned over to Irondequoit Police Department on an unrelated warrant and Session was released on an appearance ticket.

Law and Order: Walnut Street man arrested after back-to-back domestic incidents on Valentine's Day

By Billie Owens

Cody A. Bush, 35, of Walnut Street, Batavia, is charged with: two counts of third-degree assault; fourth-degree grand larceny; and two counts fourth-degree criminal mischief. Bush was arrested Feb. 14 after an investigation into physical domestic incidents at an upper apartment on Walnut Street at 5:09 p.m. and again at 6:03 p.m. that day. He was arraigned in Batavia City Court and put in jail (bail, if any, unspecified). He was due back in city court Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Terry Marvin Conrad, 57, of South Main Street, Batavia, is charged with second-degree menacing -- with a weapon, and criminal possession of a weapon in the third degree -- with a previous conviction. Conrad was arrested after police responded to a domestic incident involving weapons that occurred on South Main Street at 11:59 a.m. Feb. 21. After an investigation it is alleged that Conrad menaced a person with a knife after engaging in a physical altercation with that person. He was arraigned in Batavia City Court and released on his own recognizance. Conrad is due to return to city court on April 7. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Jamie A. Dutton, 28, of South Platt Street, Albion, is charged with criminal possession of a controlled substance in the seventh degree. Dutton was arrested Feb. 27 after a lab report was received by the Monroe County Crime Lab. The defendant was allegedly found to possess 1.081 grams of cocaine after an incident at 8:04 p.m. Feb. 23 on McKinley Avenue in Batavia. Dutton was issued an appearance ticket to be in City of Batavia Court on April 20. The case was handled by Batavia Police Officer Connor Borchert.

Cody Lee Pahuta, 29, of Alleghany Road, Darien, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and failure to keep right on a two-lane road. At 12:53 a.m. Feb. 27, Pahuta was arrested after a traffic stop on Alleghany Road. After an investigation, he was allegedly found to be driving while intoxicated by alcohol. He was released with appearance tickets and is due on Darien Town Court March 16. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Dustin Corey Herzog, 32, of Albion Eagle Harbor Road, is charged with petit larceny. He was arrested Feb. 23 and is accused of stealing property from a business on East Main Street in Batavia on July 1. He was arraigned in Batavia City Court and then released on his own recognizance. Herzog is due back in city court April 1. The case was handled by Batavia Police Officer Christopher Lindsay.

Antonio Joseph Pisa, 19, of Hollow Hill Lane, Rochester, is charged with unlawful possession of marijuana in the first degree. At 1:10 a.m. Feb. 19 on Clinton Street Road in Stafford, Pisa was allegedly found in possession of marijuana, homemade marijuana pills and crystallized THC following a traffic stop. Pisa was released on appearance tickets and is due in Stafford Town Court March 18. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Grand Jury: Duo accused of breaking into Kwik Fill in Le Roy

By Billie Owens

Jennifer D. Abrams and Tarus O. Fluitt are indicted for third-degree burglary, a Class D felony. It is alleged that on Sept. 16 in the Town of Le Roy that the defendants unlawfully entered the Kwik Fill on West Main Street Road intending to commit a crime. In count two, they are accused of third-degree criminal mischief for alllegedly intentionally damaging the property of another person in an amount exceeding $250 -- the front glass door of the Kwik Fill. In count three, Abrams and Fluitt are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally agreeing to engage in conduct that constituted a felony.

Alex S. Dumbleton is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Dec. 11 Dumbleton violated an order of protection while at a residence on Pearl Street in the City of Batavia. It is alleged that on that day he acted to intentionally harass, annoy, threaten or alarm a person protected from him by a court order and did this by striking, kicking, shoving or subjecting the victim to physical contact, or threatening to do so. In count two, the defendant is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that Dumbleton intentionally disobeyed an order of protection issued on April 26 by Batavia City Court. In count three, he is accused of endangering the welfare of a child for allegedly acting that day in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, Dumbleton is accused of fourth-degree attempted criminal mischief, a Class B misdemeanor. It is alleged in count four that the defendant attempted to damage another person's property -- the driver's side door of the victim's vehicle. In count five, Dumbleton is accused of second-degree harassment for allegedly intentionally harassing, annoying or alarming another person by striking, shoving, kicking or otherwise subjecting a person to physical contact.

Cody A. Bush is indicted for the crime of third-degree assault, a Class A misdemeanor. On Feb. 14 in the City of Batavia he accused of intentionally causing physical injury to a person. In counts two and three, Bush is accused of fourth-degree criminal mischief, for allegedly intentionally damaging another person's property -- a bedroom door and a cell phone, respectively. In count four, the defendant is accused of fourth-degree grand larceny, a Class E felony, for allegedly taking a cell phone from a person. In count five, he is accused of a third count of fourth-degree criminal mischief for allegedly intentionally damaging an entryway door. In count six, he is accused of first-degree burglary, a Class B violent felony, for entering a dwelling with the intent to commit a crime and then allegedly causing physical injury to a second victim. In count seven, Bush is accused of third-degree assault, a Class A misdemeanor, for allegedly intentionally causing physical injury to the second victim.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Batavia that Post drove a 2003 Chevrolet on Pearl Street while his license to drive was suspended or revoked by authorities and while he was under the influence of drugs or alcohol. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by consumption of alcohol on June 18, 2018 in Town of Coxsackie Court. That conviction forms the basis for the license revocation referred to in count one of the current indictment.

Roy A. Newton is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Oct. 30 in the Village of Le Roy that Newton drove a 2009 Hyundai on Main Street while intoxicated. In count two, he is accused of DWI, per se, also a Class E felony, for having a BAC of .08 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Newton is accused of having been convicted of driving while ability impaired by drugs, as a misdemeanor, on Nov. 22, 2017 in Town of Perry Court. The convicted was within 10 years of the crimes alleged in the current indictment.

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