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Law and Order: Man accused of driving wrong way on one-way street charged with pair of felony DWIs

By Billie Owens

Glennder J. Velez, 24, of Moulson Street, Rochester, is charged with: felony driving while intoxicated -- with a BAC greater than .08 percent; felony DWI -- common law; aggravated unlicensed operation in the first degree; driving in the wrong direction on a one-way street; operating a motor vehicle without an ignition interlock device. Velez was arrested at 8:14 p.m. on Oct. 23 on North Spruce Street in the city following a traffic stop. He was processed by Batavia police and is due in Batavia City Court on Jan. 6. The case was handled by Batavia Police Officer Cowen Mitchell, assisted by Officer Adam Tucker.

Joel Morales Cruz, 46, of Swan Street, Batavia is charged with: speeding; illegal turn signal -- made less than 100 feet from turn; failure to notify a change of home address; driving while intoxicated -- first offense; and operation of a motor vehicle while having a BAC of .08 percent or more. Batavia Police Officer Nicole McGinnis stopped Morales Cruz for allegedly speeding on Oak Street in Batavia at 4:38 a.m. Oct. 25. He was put through field sobriety tests, resulting in his arrested. He was processed then released with an appearance ticket for Jan. 26 in Batavia City Court. Batavia Police Officer Connor Borchert assisted in the case.

Russell J. Hamilton, 30, of Myrtle Street, Le Roy, was arrested and charged with second-degree criminal contempt on Oct. 26. The arrest follows an investigation of a violation of an order of protection that occurred at 1:19 p.m. on Oct. 21, when Hamilton allegedly sent the protected party a text message. He was released with an appearance ticket returnable to Batavia City Court on Jan. 26. Batavia Police Officer Sean Wilson handled the case.

Donald V. Notaro Jr., 22, of Deumant Terrace, Tonawanda, is charged with operating a motor vehicle while impaired by drugs -- first offense, and operating a motor vehicle with an inadequate headlight. Notaro was arrested after a traffic stop on East Main Street in Batavia at 11:45 p.m. on July 3. He was processed at Batavia Police Department and issued traffic tickets to be in Batavia City Court on Jan. 26. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Joshua Girvin.

Russell J. Hamilton, 30, of Myrtle Street, Le Roy, is charged with second-degree criminal contempt. At 4:58 p.m. on Oct. 26, Hamilton was arrested after an investigation allegedly revealed he violated a stay away order of protection by being at the the protected person's home on Dellinger Avenue in Batavia. He was arraigned in Batavia City Court and put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Jamie L. Soto, 45, of West Main Street, Batavia, is charged with first-degree criminal contempt. Soto was arrested at 3:19 p.m. on Oct. 25 after an investigation revealed Soto violated a stay away order of protection by allegedly having physical contact with the protected party. Soto was arraigned in Batavia City Court and jailed without bail. The case was handled by Batavia Police Officer John Gombos, assisted by Sgt. Dan Coffey.

Rosemary R. Waters, 34, of East Main Street, Batavia, is charged with having an unregistered motor vehicle and driving while ability impaired by drugs. Waters was arrested on Dellinger Avenue in the City of Batavia at 3:23 a.m. on Aug. 17. She is due in Batavia City Court on Jan. 20. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer John Gombos.

Jose Garcia, 35, of South Main Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested after an investigation of an incident that occurred at 10:19 a.m. on Oct. 23 on South Main Street. Garcia is accused of kicking and damaging the front door of a residence. He was issued an appearance ticket then released. He is due in Batavia City Court on Nov. 10. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Kevin DeFelice.

Brandon C. Dodd, 33, of Highland Park, Batavia, is accused of petit larceny. He was arrested Oct. 23 following an investigation of a larceny that occurred at 2:56 p.m. on Oct. 19 at Tops Friendly Market in Batavia. Dodd was released with an appearance ticket for Jan. 12 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Freeman Samuel.

Owner of 'Trump Plane' takes to the skies to flip NY from blue to red

By Howard B. Owens

Mike O'Reilly lives in Queens, a borough of New York City that most in Western New York think of as a liberal bastion. Yes, a Trump bumper sticker on your car will result in insults and raised fingers but there's more support there for Trump than you might think, O'Reilly said today standing next to his private plane wrapped to express his support for the president's reelection.

JBRGraphfx, of Churchville, wrapped the plane while it was the Genesee County Airport and O'Reilly has been on a tour of New York trying to do his part to flip the state from blue to red.

"I’m flying around the state," O'Reilly said. "I’m flying to as many airports as I can. I wanted to go to all of the airports but with the weather, I’m hoping to get 12 to 15 stops. The media coverage has been great and people are getting excited. The whole idea is to get people to vote and not just Republicans, not just independents, not conservatives but Democrats because I believe that the Main Street Democrats, they’re not going for all of this looney, left-liberal stuff.

"They not going for doing away with securing our borders and law enforcement, defunding police. Democrats don’t want this. They want what Trump has to offer. They want a strong economy. They want good jobs. They want to be able to support their family. They want safe streets, good schools. That’s what Trump is offering and that’s my real appeal — Democrats in New York, come out and vote for Trump. It’s OK."

Photo: Mike O'Reilly, and Tim Jessop and Devin Jessop of JBRGraphx.

Video: Trick or Treat at Jackson and John Kennedy schools

By Howard B. Owens
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First responders turned out to Jackson and John Kennedy schools today to hand out candy to the students.

New Commercial Loan Operations manager joins WNY Tompkins Bank of Castile team

By Press Release

Submitted photo and press release:

Maureen Smith (inset photo, left) has recently joined Tompkins Bank of Castile as Commercial Loan Operations Manager.

In addition to providing leadership and guidance to the commercial loan operations team, Smith will be responsible for collaborating with the credit and lending teams to assure commercial loan operations run efficiently and effectively in her new role.

Smith brings more than 35 years of experience to Tompkins, previously having worked at Steuben Trust Company as a Credit Administration and Loan Review Officer.

“We are pleased to welcome Maureen to our growing community banking team,” said John McKenna, president and CEO. “Her experience in the industry will be a tremendous asset not only to our customers, but to our internal commercial loan operations team.”

Smith earned an associate degree in Business from Bryant and Stratton Busines Institute. She is a current trustee and treasurer for the Hornell Children’s Home, and treasurer for the Arkport American Legion Auxiliary.

Smith currently resides in Arkport.

Be Aware: Counterfeit small denomination bills passed at local businesses

By Press Release

Press release:

The City of Batavia Police Department has been made aware of small denomination counterfeit bills being passed at local businesses. The Batavia Police Department is reminding everyone to check their money carefully.

If you feel that you may be victim in receiving counterfeit bills, please report it to the Police Department at (585) 345-6350.

A few simple items to check for on U.S. currency that are hard to recreate on counterfeit bills:

  • Color Shifting Ink -- the bill denomination on the bottom right hand corner has the right color shifting ink.
  • Raised Printing -- To detect raised printing, take your fingernail and run it carefully down the collar/jacket. You should feel some vibration on your nail from the ridges.
  • Blurry Borders/printing/text -- significantly blurry borders, printing, or text, it is an automatic red flag.
  • Red & Blue Threads -- If you take a close look at an authentic bill, you will see that there are small red and blue threads woven in and out within the fabric of the bill.
  • Watermark -- In many of the new bills, the watermark is actually a replica of the face on the bill.

Information on the current counterfeit cases is not being release at this time due to the ongoing investigation.

Residents of 400 Towers proud of painted pumpkins

By Billie Owens

Photos and information from Heather Klein, 400 Towers case manager.

Some of our residents at 400 Towers in Batavia painted pumpkins. It was a fun way to have some activity for our residents during times of COVID-19.

One that stands out in particular (top photo) was made by a resident who painted a pumpkin the colors of candy corn and added a mask. 

Another resident thought it was a great reminder to the community to wear masks and suggested that we contact The Batavian.

The pumpkin painter of the top photo is Pauline Hensel.

Below, the top left and bottom right pumpkins were done by AJ Taylor. The top right and bottom left were done by Patricia (Pat) Larson.

Curfew for all trick-or-treat activities is 9 p.m.

By Press Release

Press release:

City Police Chief Shawn Heubusch advises that a 9 p.m. curfew is in place for all trick-or-treating activities. Those that do go out for the evening are reminded to ensure that they are dressed in reflective clothing and that young trick-or-treaters are always accompanied by an adult.

"See and Be Seen."

Also, do not attempt to go to porches that are dark or otherwise not welcoming to trick-or-treaters and respect others' property.

For fire prevention and safety tips this Halloween click here.

Police chief reports more than 300 pounds of drugs handed over on Saturday's Drug Take Back Day

By Press Release

Press release:

The Batavia Police Department accepted almost 300 pounds of prescription drugs during the Drug Enforcement Administration’s Drug Take Back Day held in the Alva Place parking lot on Saturday.

Between the hours of 10 a.m. and 2  p.m., officers accepted drugs from 142 vehicles. This year, the department partnered with staff from United Memorial Medical Center who were on hand to accept sharps.

The service was free and anonymous, no questions asked.

This month’s event was the DEA’s 19th nationwide event since its inception 10 years ago.  

Last fall, Americans turned in nearly 883,000 pounds of prescription drugs at nearly 6,300 sites operated by the DEA and almost 5,000 of its state and local law enforcement partners.

DEA, along with its law enforcement partners, has now collected nearly 6,350 tons of expired, unused, and unwanted prescription medications since the inception of the National Prescription Drug Take Back Initiative in 2010.

New metal bins on the Southside serve to safely store U.S. mail while carriers walk their routes

By Billie Owens

Recently we noticed a couple of newly installed U.S. Mail Service boxes on the Southside, one at 20 Maple St., and another one around the corner on the west side of Evans Street in the city. We asked about their purpose.

"These are called 'relay boxes,' " said spokesman Desai O. Abdul-Razzaaq, at the WNY USPS office in Buffalo. "They are for mail carriers with walk-out routes. There is no slot to put mail in; they aren't mailboxes for the public to use. They're accessible for postal workers only."

They are used to briefly store mail safely that has accumulated along a walking route until it can be retrieved by a postal truck driver and delivered to the post office.

Law and Order: Parolee jailed, accused of striking person in face multiple times in front of a child

By Billie Owens

Jon Hoyt Bush, 37, of Walnut Street, Batavia, is charged with third-degree assault and endangering the welfare of a child. On Oct. 16 Batavia Police Officer Peter Post responded to a residence on Oak Street in Batavia and arrested Bush following a domestic incident. It is alleged that earlier that day at 5:38 a.m., Bush struck a person in the face multiple times causing injury while in the presence of a child. Bush as arraigned in Batavia City Court at 3:15 p.m. and put in jail on a parole warrant. He is due to return to city court on Nov. 18.

Christopher Connor Good, 19, of Cohocton Road, Corfu, is charged with first-degree burglary. On Oct. 20, Good was arrested after an investigation. It is alleged that he unlawfully entered another person's home on Liberty Street in Batavia at 1:34 p.m. on Oct. 20 and caused physical injury to that person. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. An order of protection was issued to protect the victims. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Nicole McGinnis.

Katie L. Wannemacher, 31, of Trumbull Parkway, Batavia, is charged with endangering the welfare of a child, second-degree harassment, and criminal obstruction of breathing. She was arrested on Oct. 17 following an investigation of an incident at 2:30 p.m. on Oct. 17 on Trumbull Parkway in which she allegedly choked someone in front of two children. She was arraigned in Batavia City Court and released on her own recognizance. She is due back in court on Dec. 2. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Sean Michael Keem, 40, of Bank Street, Batavia, is charged with second-degree harassment -- with physical contact. Keem was arrested after Batavia Police officers Austin Hedges and Wesley Rissinger responded to a disturbance on Bank Street in Batavia at 8:27 p.m. Oct. 17. After an investigation, Keem was arrested for allegedly striking another person. He was released on an appearance ticket to be in Batavia City Court on Jan. 20.

Darrin Mitchell Brown, 31, of West State Street, Albion, is charged with possession of a hypodermic instrument. He was arrested after allegedly being found in possession of several hypodermic needles at on Oct. 19 during the course of a larceny investigation at 6:16 p.m. at the Speedway gas station and convenience store on West Main Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Marcella F. Greene, 36, of Pleasant Valley Road, Bliss, is charged with criminal possession of a needle and criminal use of drug paraphernalia. On Oct. 19, Greene was arrested after an investigation into a larceny at 6:51 p.m. at the Speedway gas station and convenience store on West Main Street in Batavia. Greene was issued an appearance ticket and is due in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Thomas James Sine, 52, of Main Road, Stafford, is charged with aggravated second-degree harassment -- communication of a threat via phone or computer or mail. On Oct. 24 at 10 p.m. Sine was arrested after allegedly having unwanted contact with a person on West Bergen Road in Le Roy and making threats via cell phone. He was arraigned in Le Roy Town Court and is due to return there Dec. 14. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Shante M. Griffin, 28, of Fisher Park, Batavia, is charged with owning an unlicensed dog. Griffin was arrested on Oct. 15 for having an unlicensed dog in an upper apartment on Fisher Park on Sept. 25. Griffin was issued an appearance ticket and is due in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Andre L. Roberts, 28, of Burrows Street, Rochester, was arrested Oct. 21 on a bench warrant out of Batavia City Court. He allegedly failed to appear as required on Sept.15, prompting the warrant to be issued. Roberts was processed at Batavia Police Headquarters and released on an appearance ticket to be in court Oct. 22. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.

Amanda S. Dombrowski, 37, of Versailles Road, North Evans, is charged with failure to appear. Dombrowski was arrested on Oct. 15 on a bench warrant out of Batavia City Court. It is alleged she failed to appear in court as required on Aug. 3. Following arraignment, she was released on her own recognizance and is due back in city court on Oct. 28. The case was handled by Batavia Police Officer Stephen Cronmiller.

Video: Rally in Batavia in support of Donald Trump for president

By Howard B. Owens
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Video from today's rally in Batavia in support of Donald Trump for president in 2020.

LIVE: John Gardner Society's fall reading

By Howard B. Owens
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The John Gardner Society's annual October reading of the late Batavia author's work is virtual this year instead of at his favorite restaurant, the Pok-A-Dot.

The reading, and hopefully the livestream, is scheduled to start at 8 p.m.

Officer finds bag stuffed with loot from Kohl's after dispatch center alerted by caller

By Billie Owens

A caller to dispatch reported a man throwing a bag full of something over the fence onto the grounds of the Batavia VA Medical Center. A law enforcement officer responded and reports retrieving a Wegmans grocery bag filled with about $300 worth of electronic goods from Kohl's department store. It had been tossed into some cattails on the property. The officer is returning the merchandise to Kohl's.

Time to chill out

By Billie Owens

"Gatlin Knox Einhiple chilling in a fall tub."

His mother, Alyson Einhiple, took the picture and his father, Ryan Einhiple, submitted it. The family lives in Batavia.

Grand Jury: Man accused of possessing handgun, cocaine and meth while on school property

By Billie Owens

Denzell A. Johnson is indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Jan. 30 Johnson possessed a loaded firearm -- a SCCY CPX-2 9-mm handgun. In count two, he is accused of criminal possession of a weapon in the third degree, a Class D felony. In count three, Johnson is accused of criminal possession of a weapon on school grounds, a Class E felony. It is alleged in count three that on Jan. 30 he had the handgun while at Jackson Elementary School without written authorization of the educational institution. In count four, Johson is accused of criminal possession of a firearm, a Class E felony. In counts five and six, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing cocaine and methamphetamine that day. In count seven, Johnson is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count seven that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count eight, Johnson is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count eight that the defendant failed and refused to stop the vehicle he was operating when directed to do so by a Genesee County Sheriff's deputy, then fled on foot from his vehicle in an attempt to prevent the deputy from performing an official function as a police officer. In count nine, Johnson is accused of unlawfully fleeing a police officer in a motor vehicle in third degree, a Class A misdemeanor. It is alleged in count nine that Johnson, knowing he had been directed by a uniformed police officer or marked police vehicle with activated lights or lights and sirens, attempted to flee by engaging in reckless driving. In count 10, Johnson is accused of reckless driving, a misdemeanor, by driving a 2006 Dodge on a public roadway Jan. 30 in a manner that unreasonably interfered with its free and proper use, or unreasonably endangered users of the roadway. In count 11, the defendant is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for driving while his privilege to do so was suspended by authorities. In count 12, Johnson is accused of unlicensed operation of a motor vehicle, a violation, for driving without being duly licensed to do so. In count 13, Johnson is accused of knowingly using, possessing or displaying an imitation or counterfeit official certificate of inspection for the 2006 Dodge. In Special Information filed by District Attorney Lawrence Friedman, Johnson is accused of having been convicted of the crime of unauthorized use of a vehicle in third degree, a Class A misdemeanor, on March 2, 2015 in Town of Brighton Court and that conviction forms the basis for count two of the current indictment.

Donald Brown is indicted for the crime of third-degree criminal possession of a controlled substance, a Class B felony. It is alleged that on Aug. 12 that Brown knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Brown is accused of the same crime for allegedly also possessing fentanyl with intent to sell it. In count three, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug -- cocaine -- and these had an aggregate weight of one-eighth of an ounce or more. In count four, Brown is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count four that Brown knowingly and unlawfully possessed a controlled substance -- suboxone. In count five, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count five that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count six, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property.

Kahel Suttles Jr. and Ericka K. McBride are indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Feb. 23 in the Town of Batavia that they stole property valued in excess of $3,000 in merchandise from Target ($3,200.84). In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly agreeing to intentionally commit a felony. In counts three and four, Suttles and McBride are accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property -- clothing from Dick's Sporting Goods, and miscellaneous items from Marshalls. In count five, Suttles and McBride are accused of possession of burglar tools, another Class A misdemeanor. It is alleged in count five that they possessed tinfoil that they used to cover security tags to prevent sensors from being activated when merchandise was taken from the stores. In counts six and seven, the duo is accused of sixth-degree conspiracy, a Class B misdemeanor, for allegedly agreeing to steal property from Dick's Sporting Goods and Marshalls, respectively.

Kevin M. Waleski Jr. is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on June 26 Waleski knowingly unlawfully entered a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In counts two and three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property -- stairway spindles, and a door frame and lock, respectively. In count four, the defendant is accused of resisting arrest, another Class A misdemeanor, for allegedly attempting to prevent a police officer from arresting him or another person on the same day. In count five, Waleski is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for allegedly intentionally attempting to obstruct a public servant from performing an official function and did so by means of intimidation, physical force, interference or unlawful act.

Ov Murphy is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on April 10 Murphy knowingly entered a building unlawfully, a unit on Highland Park, City of Batavia, with the intent to commit a crime. In count two, Murphy is accused of the same crime while using or threatening to use a dangerous instrument -- a knife. In count three, Murphy is accused of second-degree attempted assault, a Class E felony, for intentionally causing physical injury to a person by means of a dangerous instrument, a knife, in the commission of a crime. In count four, Murphy is accused of second-degree menacing, a Class A misdemeanor, for intentionally placing or attempting to place another person in reasonable fear of physical injury by displaying a knife. In count five, Murphy is accused of criminal possession of a weapon in the third degree, a Class D felony, for possessing a dangerous knife with the intent of use it unlawfully against a person. In Special Information filed Genesee County District Attorney Lawrence Friedman, Murphy is accused of having been convicted of the crimes of: attempted rape in the third degree, a Class A misdemeanor, on July 23, 1998 in Batavia City Court; driving while intoxicated, as a misdemeanor, on Oct. 2, 2003 in Batavia Town Court; two counts of second-degree criminal contempt, a Class A misdemeanor, on March 31, 2006 in Batavia City Court; a third count of second-degree criminal contempt on March 6, 2007 in Batavia City Court; and sex offender failure to report change of address/status within 10 days, a Class A misdemeanor, on May 3, 2007 in Batavia City Court. The convictions form the basis of count five in the current indictment.

Eric H. Hess is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on Feb. 25 in the Town of Le Roy that, believing evidence was about to be produced and intending to prevent that, Hess acted to conceal, alter or destroy it by employing force, intimidation or deception. Hess is accused of tearing open a bag of cocaine and dumping its contents in the backseat and floor area of Genesee County Sheriff's Patrol Car 13. In count two, Hess is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly unlawfully possessing a controlled substance that day -- cocaine.

Nicholas C. Doell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between Sept. 1 and 2, Doell knowingly and unlawfully entered a garage on Lippold Road in the Town of Darien with the intent to commit a crime. In count two, Doell is accused of unauthorized use of a motor vehicle, a Class D felony, for taking a 1957 Ford Thunderbird, knowing he did not have the owner's consent, with the intent of using it in the commission of a felony. In count three, Doell is accused of aggravated family offense, a Class E felony, for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, in violation of a valid stay away order of protection. In count four, Doell is accused of a second count of aggravated family offense for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, by intentionally disobeying a mandate of the court -- a valid stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Doell is accused of having been convicted of second-degree criminal contempt and fourth-degree criminal mischief on Aug. 31 in Darien Town Court. Those crimes were committed against the same family or household and the convictions took place within the last five years, in violation of the time frame specified in NYS penal law (240.75(1)).

Albert A. Ackerman is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on July 15 at the Quality Inn and Suites Hotel on Park Road in the Town of Batavia that Ackerman violated a stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Ackerman is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 31 in Livingston County Court and that conviction was within five years of the crime alleged in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Sept. 2 in the area of Hutchins Place in the City of Batavia that he possessed a billy (expandable baton). In Special Information filed by District Attorney Lawrence Friedman, McGill is accused of having been convicted of: attempted making a terroristic threat, a Class E felony, on Nov. 10, 2008 in Orleans County Court; third-degree menacing, a Class B misdemeanor, on Sept. 7, 2017 in Town of Shelby Court; and attempted petit larceny, a Class B misdemeanor, on June 13, 2018 in Town of Albion Court. The convictions form the basis for the current indictment.

Deborah A. Schlonski is indicted for the crime of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged that on March 16 Schlonski drove a 2005 Chevrolet on Griswold Road in the Town of Le Roy while knowing her privilege to drive was revoked by authorities and she did so while under the influence of alcohol or a drug. In count two, she is accused of driving that day on Griswold Road while ability impaired by drugs, a Class E felony. In Special Information filed by District Attorney Lawrence Friedman, Schlonski is accused of having been convicted of driving while intoxicated on March 14, 2019 in Town of Stafford Court. That conviction forms the basis for the revocation referred to in count one of the current indictment.

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 on Pearl Street Road in the Town of Batavia that Post drove a 2003 Chevrolet while under the influence of alcohol or a drug. In count two, Post is accused of driving while intoxicated, as a misdemeanor, on May 24. In count three, Post is accused of DWI per se, as a misdemeanor, for having a BAC of .08 percent or more that day. In count four, Post is accused of failure to keep right, a violation. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by the consumption of alcohol on June 18, 2018 in Coxsackie Town Court, Greene County, and that conviction forms the basis for the unlicensed operation referred to in count one of the current indictment.

Paul D. Hussey is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that on Oct. 24, 2019 Hussey did not appear in Genesee County Court in connection with a charge against him as required when he was released from custody or allowed to remain at liberty, either upon posting bail or on his own recognizance, upon condition that he would appear on the required date or voluntarily within 30 days thereafter.

Police stakeholders group given more information on local criminal justice system

By Howard B. Owens

The third meeting of the Batavia's Police Collaboration Advisory Stakeholder Group covered several topics related to the local criminal justice system, including:

  • Restorative Justice/Genesee Justice;
  • Implicit bias training;
  • The juvenile diversion program;
  • Procedural justice -- standards of conduct, community relations, and biases in policing.

Cathy Uhly, program coordinator for Genesee Justice (top photo), spoke about restorative justice at the meeting on Thursday night at the City Centre Board Room.

In contrast to punitive justice, which doesn't take into account victims and ignores any possibility of rehabilitation, restorative justice gives an opportunity for crime victims to be heard so that criminals might better understand the impact of their actions as well potentially make amends or pay restitution. It also offers offenders an opportunity to reform and become productive members of society.

Genesee Justice was the first county-level restorative justice program in the nation, was started in 1980 by then-Sheriff Douglas Call, former probation officer Dennis Wittman, and former County Court Judge Glenn Morton.

Genesee Justice represents criminal victims, supervises accused criminal defendants prior to sentencing, manages DWI (driving while intoxicated) convicts going through the conditional discharge program, and conducts a judicial diversion program.

Julie Carasone, a certified trainer who will conduct an implicit bias seminar for Batavia police officers in December, gave a brief overview of the training course she will present. 

Implicit bias is a bias a person might possess and be unaware of it. The course Carasone teaches involves exercises to help people learn both how biases affect their perceptions and judgments and the roots of such biases.

The course also touches on cognitive biases such as confirmation bias and the halo effect.

A confirmation bias is the tendency of people to seek out information that confirms what they already believe and dismisses information that contradicts their beliefs. The halo effect is attributing abilities or attributes to a person for no other reason than appearance, speech or past performance.

Her training also covers institutional, structural and historic racism.

Paula Campbell, an attorney in the County Attorney's Office who works in Family Court, spoke about current diversion programs designed to help young people from getting caught up in the justice system and learning to cope with any problems they might have.

Programs include PINS (person in need of supervision), youth court, family court, and programs for youths determined to be juvenile delinquents.

What program a youth enters depends on age, the severity of any behavioral issues of criminal conduct, and past record.

Anybody in the community can refer a youth to probation for consideration of possible intervention if that person has had harmed by a youth. Most commonly, referrals come from parents, schools or police.

In youth court, young people act as the judge, attorneys and jury to help deal with minor youthful offenses. It is the offender's peers who decide the best course of action to help correct a wrong or put youth on a more productive path.

Chief Shawn Heubusch spoke about police department policies that deal with procedural justice. These policies include standards of conduct, community relations, and bias in policing. These policies cover ethical behavior, building connections with community members, and avoiding prejudice in professional decision making.

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