batavia

A Batavia teenager who admitted to raping a 15-year-old girl in his home on Feb. 16 is fortunate he can't receive a lengthier prison sentence than he received today, according to District Attorney Lawrence Friedman.

Friedman told Judge Robert Noonan prior to the sentencing of Oliver Thomas, 17, that the DA's office accepted a plea to rape in the third degree only after Thomas' friends lied about the incident and if the case went to trial, the People would have been relying primarily on the testimony of the victim.

After Thomas plead guilty to rape in the third degree, during the Genesee Justice probation investigation, Thomas admitted that he did in fact forcibly rape the girl.

Thomas was originally charged with rape in the first degree.

"He is very fortunate that he saved his admission until after his plea," Friedman said. "We would never have given him the plea and he would be facing a lengthy mandatory determinant sentence."

Judge Noonan agreed that he likely would have given Thomas the maximum sentence for what he described as a "very violent felony" against a "very young victim."

Thomas received an indeterminate sentence (meaning he can receive credit for good behavior and showing he's been rehabilitated) of one-and-a-third to four years in state prison.

One man is dead after a fire and smoke swept through a second-floor apartment bedroom early this morning on Dellinger Avenue.

A passing motorist called 9-1-1 after hearing the smoke detectors at about 3:00 a.m.

The name of the victim has not yet been released.

No other people were in the apartment.

The occupants of the first-floor apartment escaped safely.

The last fatal fire in the City was three years ago yesterday.

Further details coming soon.

Councilman Bill Cox, with the help of Councilwoman Rose Mary Christian, last night held a second meeting on the proposed Batavia City School Districts plans for a sports complex at the end of North Street.

The purpose of the meeting was to rally continued support against the plan and to lay out a plan of action to be taken, which includes:

Encouraging people to contact all of the members of the Board of Education and tell them they do not support this plan.

Encourage people to attend the Oct. 6th Board of Education meeting on the sports complex to voice their opposition.

Campaigning against School Board members running for re-election who support this plan.

A man with multiple felony convictions who is accused of breaking into a State Street home and stealing several items while an elderly woman slept, won't get out on bail or bond any time soon.

Judge Robert Noonan denied a defense request to release Reginald M. Wilson, of 283 Seneca Manor Drive, Rochester, on $10,000 bond.

Wilson's sister was apparently ready to post bond, using her house as collateral.

"You're asking me to presume that a defendant facing a life-in-prison sentence because he's a persistent felon would care about his sister's $10,000?" Noonan said.

At which point, Wilson sat up straight in his chair and said, "Yes."

"That's a stretch," Noonan said, and Wilson slumped back in his chair.

Noonan noted that Wilson has 30 prior arrests, 12 convictions and 6 felonies on his record.

Two of his convictions led to state prison time, which means a third such felony conviction -- which Wilson is facing now -- means a life sentence.

A man accused of attempting to break into a Graham Manufacturing building on Aug. 14 plead guilty today to attempted burglary.

There are apparently other unindicted co-conspirators, District Attorney Lawrence Friedman indicated in court, and Robert S. Douglas of Batavia will be expected to testify against them if they ever come to trial.

In exchange for his guilty plea and promise to testify, Douglas could receive a prison sentence of only one-and-a-half to three years.

Douglas, who has a prior felony DWI conviction and appeared in court in chains and the orange prison garb of the Genesee County Jail, was scheduled to be released following his guilty plea under supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m.  He is married and has a child.

The Batavia Police Department has not previously released information on break-ins at the Graham building. Yet there is some hint from the court proceedings today, that there was more than one break-in that Douglas and possible cohorts were involved in. In addition, news of Douglas' arrest previously was not released (at least, at the moment, I can't find any record of any such release).

A Buffalo man suspected of tricking a woman out of $2,000 at Tonawanda Valley Federal Credit Union heard Judge Robert Noonan dismiss two of his attorney's key motions this afternoon.

The witness identification and his reportedly self-incriminating remarks following his arrest can be used at the possible trial of 69-year-old Yusuf A. Hassem,  a.k.a. Louis L. Reed, Judge Noonan ruled.

Defense Attorney Fred Rarik tried to argue that the photo array used by the victim to identify Hassem was flawed because Hassem was described as a well-dressed man at the time of his alleged crime, and in the array Hassem is the only possible suspect not well dressed. That made Hassem stand out more, Rarik argued.

Rarik said the photo array was "the most suggestive I've ever seen," and he accused police of leading the witness to understand the suspect was bald, wearing glasses and jewelry was like building "a Mr. Potato Head."

Rarik also asserted that police investigators did not properly read Hassem his rights.

Judge Noonan said the fact is that none of the six mug shots used in the array matched each other, so the witness was not necessarily guided toward a particular answer. The photo array itself wouldn't be admissible anyway, Noonan said, but the witness identification would be admissible.

Further, none of Hassem's potentially incriminating statements were made before Hassem was read his rights and told he was under arrest.

Hassem has been offered a plea deal, according to District Attorney Lawrence Friedman, that would have him serving only one-and-a-half to three years. If he doesn't accept the plea before Dec. 1, Hassem will go on trial Feb. 1.

Hassem first made the pages of The Batavian after police released a surveillance camera photo of him from Tonawanda and I noted that he was the same man I saw earlier that day in the parking lot behind Alberty Drug's.

Here's an email we received from the nonprofit Volunteers for Animals:

"Volunteers For Animals would like to take a moment to thank the many people in the community that help us find homes for the many cats and dogs that find their way into the Genesee County Animal Shelter. Without their kindness and support, our job would be more difficult.

The Daily News frequently prints "Post for the Paws" in the Saturday edition of the paper. It is always a large colorful ad that features a cat and a dog.

The Batavian  features a dog and a cat each week which is sponsored by Genesee Feeds. It includes a photo of each animal and a fun and witty write up. Check it out - it will put a smile on your face!

WBTA Radio  regularly announces our events and special requests on the air and on their website as a community service.

The Genesee Valley Penny Saver  has an "Adopt A Pet" page on their website and print page where we feature a cat or dog available for adoption.

Volunteers For Animals is now on Facebook. Come join us and help spread the word about getting shelter animals into great homes. We are just getting started and we needs lots of friends!

George M. Hodges, 19, of 9 S. Lyon St., Batavia, and Daniel D. Williams, 20, of 20 Mill St., Batavia were both charged with disorderly conduct and obstructing governmental administration. Batavia Police officers were at an Oak Street residence assisting the Department of Social Services in an investigation when the suspects allegedly yelled profanities at the officers and confronted investigators and attempted to prevent them from speaking to the residents.

Randy Johnson, 21, of 10182 Brookville Road, Alexander, is charged with criminal mischief and unauthorized use of a motor vehicle. Johnson allegedly took a vehicle without permission of the owner, and when confronted by the owner, Johnson allegedly caused damage to the vehicle. The incident was investigated by Deputy Chad Minuto.

Richard Jordan Franz, 19, of 9898 Simonds Road, Corfu, and Michael Richard Bitter, 19, 3198 Pike Road, Alexander, are charged with unlawful possession of marijuana. Franz and Bitter were arrested after deputies came to an unspecified residence to investigate a reported suspicious circumstance and allegedly found Franz and Bitter in possession of marijuana. The incident occurred at 1 a.m. Saturday.

Hal D. Philips, 58, of 11096 Molasses Hill Road, East Bethany, is charged with DWI, aggravated DWI, refusal to submit to breath test, failure to keep right and operating with a suspended registration. Philips was stopped on Molasses Hill Road by Deputy Kevin McCarthy for alleged failure to keep right at 11:45 p.m. on Tuesday.

A head-on collision, with minor injuries, has been reported in front of Tully's on East Main Street.

Engine 12 and Mercy EMS are responding.

UPDATE 4:10 p.m.: I drove by. Nothing to see. Neither car had much damaged and were being driven to a side street.

Caught this on the fly this morning.  The pumpkin vine goes up the porch column, and the pumpkin is growing on the porch roof.  It is supported by a board so it won't tumble off.

Kind of cool, don't you think?

A semi-truck is on fire at 99 Jackson, in front of Kwik Fill. City fire units are being dispatched.

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UPDATE: Photos:

Engine 12 and Ladder 15, City of Batavia, are responding to a general fire alarm at 29 Cedar St., the office of Time Warner Cable.

UPDATE 1:47 p.m.: False alarm due to construction.

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Apparently, officials at Batavia City School District feel they haven't adequately explained their consideration of new park facilities at the district's North Street property.

This past Saturday, Councilman Bill Cox held a community meeting on the proposal and tonight, Superintendent Margaret Puzio issued a press release detailing the district's position:

"The School District apologizes for not better advertising to the public, the presentation of this material at our September 1 School Board Meeting. At that meeting, we presented to the staff and elected officials from the City of Batavia, Towns of Batavia and Stafford and Genesee County. The consensus of those staff and elected representatives as well as the BOE was that the first step should be to investigate grant funding. This is just the first step in a very long process."

The district contends that there are insufficient youth facilities in the Batavia area and that it is seeking state or federal grants to improve the situation.

Read the full press Release (PDF)

UPDATE: Margaret Puzio spoke with WBTA this morning (mp3).

She said there will be a public meeting on the topic at 7 p.m. on Oct. 6 at Batavia High School.

Without discussion, but with one dissenting vote, the Batavia City Council tonight approved a 2.8 percent pay raise for City Manager Jason Molino.

The vote came following a closed session and before the vote, Council President Charlie Mallow read a statement expressing the council's support for Molino.

Councilman Bill Cox voted no and said after the meeting his decision was based on a "personnel matter" and wouldn't reveal the reason for his no vote.

"I felt at this time a raise was not in order and that's all I want to say," Cox said.

Mallow characterized the pay increase as a cost-of-living raise that Molino wouldn't have gotten if he didn't deserve it.

Prior to the vote, Mallow said, each council member submitted a review of Molino's work.

“The city is in good shape and a lot of that has to do with our city manager," Mallow said. "The council supports the city manager and that’s the reason for the raise."

The motion passed 7-1, with Council Bob Bialkowski absent.

Molino was also not at the meeting.

UPDATE: Councilman Cox released this statement this morning:

"The primary reason that I voted against the raise for City Manager Molino is the same reason I voted against the raises for the other non-union staff previously, which is economics.

Our citizens and taxpayers have heavy burdens of property taxes, school taxes, and water/sewer taxes. We have property owners and citizens who have lost their jobs due to the economy. We have retired people on pensions that have been reduced and those same retired citizens have lost health benefits or had them reduced in many cases.

When you are in a position of senior management and leadership you should demonstrate to the people that you understand the dire circumstances many are under and forgo a raise until the economy turns around."
 

For five years, members of the Police Benevolent Association patrolled Batavia's streets without a labor contract with the city.

Recently, an arbitrator awarded back pay to the union members, which they probably would've received in cost-of-living increases if they had had a contract.

Tonight, the City Council approved unanimously, without discussion, transfer of $235,000 from the city's contingency fund to the police department budget to cover the arbitration award.

The city could have wound up owing the PBA members more than $288,000.

As part of the same resolution, the council approved transferring $23,000 to the fire department budget to repair the air-conditioning system at the Evans Street station.

Report of a no-injury auto accident on Ellicott Street between Swan and Otis.

The vehicles are blocking a portion of Ellicott currently.

A former Oakfield-Alabama bus driver who pled guilty in April to criminal sexual conduct in the second degree for inappropriately touching a 13-year-old student was back in court this morning to receive a new sentence in the case.

Alan D. Tidd, 50, of 3191 Galloway Road, Batavia, initially received a "determinant" prison term of seven years. Under sentencing rules, this means a defendant is not eligible for release for "good behavior" or because the defendant is believed rehabilitated.

But the determinant sentence statute was passed until 2007, and Tidd's crime was reportedly committed in 2004.

Today, Judge Robert Noonan issued the maximum sentence available under 2004 rules, which is seven years, but Tidd could be released after two-and-a-third years.

Meanwhile, Tidd's guilty plea is under appeal. His attorney, Timothy Murphy, said outside of court that Tidd, who entered his plea only days after his arrest, felt rushed and pressured to plead guilty because he wanted to get out of jail in a hurry to care for his wife, who suffers from multiple sclerosis and is confined to a wheelchair.

Tidd, who has three children and a grandchild, has no prior criminal record.

UPDATE: To clarify the time line:

• The single criminal act charged dates to 2004
• The law on determinant sentencing changed in 2007
• Tidd was arrested in November, 2008
• Tidd plead guilty within days of his arrest, according to his attorney
• Sometime between November and April, his attorney filed a motion to withdraw the guilty plea.
• That motion was denied April 9, 2009.
• He was sentenced on that day in April to a determinant sentence of seven years.
• Today, he was resentenced to an indeterminate sentence of 2 and-a-third years to seven years (the maximum sentence available.)

Peter William Stapley, 19, of 3797 Piffard Circle, Piffard, is charged with unlawful possession of marijuana. Stapley allegedly possessed a pipe with marijuana residue on it. He was arrested Friday at 3:39 a.m. in Pavilion.

Robert Lawrence Drozdowski, 27, of 14 W. Main St, Batavia, is charged with criminal contempt. Drozdowski allegedly violated a court order which required him to have no contact of any kind with his ex-girlfriend. He allegedly sent a letter to her while incarcirated in Genesee County Jail. Drozdowski remains in jail.

William Dolose Hirsch, 22, of 10025 Buckman Road, Pavilion, is charged with two counts of harassment and stalking. Hirsch was arrested after allegedly calling his ex-girlfriend several times in June after he reportedly was told not to contact her again. He also sent her a picture for "no legitimate purpose," according to the Sheriff's Office press release. Hirsch was jailed on $2,000 bail.

A reader called to report that a train has stopped at the Seven Springs Road crossing and hasn't moved for more than five minutes.

I'm in court all morning. If anybody has any other information or update, please leave a comment.