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Law and Order: Batavia man accused of unlawful imprisonment, strangulation

By Howard B. Owens

James E. Murray, 23, of 1 Cone St., Batavia, is charged with two counts of criminal contempt, 2nd, unlawful imprisonment, 1st, strangulation, 2nd, and endangering the welfare of a child. Murray was arrested following the investigation into a domestic incident reported at 4:45 a.m., Monday. Murray was not on scene when police arrived at the alleged incident location. He turned himself in at Batavia PD headquarters at 2 p.m., Monday. He was jailed on $5,000 bail.

Lawrence D. Williams, 51, of 148 Hutchins St., Batavia, is charged with falsely reporting an incident. Williams is accused of calling the dispatch center at 10:46 p.m., Monday, and reporting a "gunfight" at a city address. Williams allegedly knew the information was false. Williams was jailed on $1,500 bail.

Sean P. Case, 34, of 50 S. Main St., Batavia, is charged with disorderly conduct. Case was arrested following a report at 11:38 p.m., Monday, of a person on South Main Street near the Oak Street Extension yelling obscenities. Case was identified by witnesses.

Roger Lee Ballard, 18, of Liberty Street, Castile, and a 16-year-old of Route 362, Bliss, are charged with petit larceny. Ballard and the youth are accused of going into Kmart and taking several pieces of an Xbox gaming system out of their packages and concealing them in their pants and walking out of the store without paying for the items.

Aaron M. Zastrocky, 27, of 6870 Byron Holley Road, Byron, is charged with falsely reporting an incident, 3rd, and making a punishable false written statement. Zastrocky is accused of falsely reporting a vehicle stolen. Zastrocky allegedly signed a written statement reporting the vehicle stolen. Allegedly, the statement was false.

Daniel L. Russell, 36, of 152 S. Main St., Batavia, is charged with DWI and driving with a BAC of .18 or greater. Russell was stopped at 2:09 a.m., Sunday, on West Main Street, Batavia, by Officer Marc Lawrence.

Rachel A. Fromwiller, 27, of 164 Main St., upper, Akron, is charged with throwing refuse on a public highway (littering), DWI and refusal to take a breath test. Fromwiller was arrested after Officer Kevin DeFelice received a complaint of a woman in a car at Wilson Farms on Pearl Street who may need assistance. Following an investigation, Officer DeFelice made the arrest.

Parolee gets four years on drug dealing charge

By Howard B. Owens

A Central Avenue resident who admitted last month to attempted criminal possession of a controlled substance, 3rd -- a drug-dealing charge -- will spend four years in state prison, Judge Robert C. Noonan ruled today.

Derek Leach, 31, of 29 Central Ave., Batavia, was arrested in March following a parole check of his residence.

When law enforcement searched the apartment, investigators reportedly found numerous bags of cocaine.

Leach was on parole at the time of his arrest and he entered a guilty plea Nov. 7.

Also arrested with Leach were Eric Williams, 45, of 219 Washington Ave., and Randy G. Leach II, 24, of 58 South Main St. The status of their cases is not available at this time.

Law and Order: Corfu car passenger accused of violence against woman behind the wheel

By Howard B. Owens

Patrick Raymond Krieger, 21, of East Main Street, Corfu, is charged with menacing, 3rd, reckless endangerment, 2nd, and harassment, 2nd. Krieger was arrested following an investigation by Deputy Jason Saile and Deputy James Diehl into a 9-1-1 hang up call in the Village of Corfu at 3:50 a.m., Saturday. Krieger is accused of grabbing the steering wheel of a vehicle he was riding in and jerking it in an alleged attempt to scare or cause harm to the female driver. The vehicle nearly struck a tree and a mailbox when the driver lost control of the car. Krieger then allegedly took the ignition key and shoved it into the neck of the woman and made threats of physical harm. When the woman wouldn't exit the vehicle, Krieger allegedly grabbed her by her throat and hair and threw her out of the car and onto the ground. Krieger was jailed on $5,000 bail.

Nicholas J. Pascucci Jr., 21, of Main Road, Stafford, is charged with criminal possession of a controlled substance, 5th, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and inadequate stop lamps. Pascucci's vehicle was stopped by Le Roy Police on Friday afternoon for an alleged traffic violation. The officer suspected there may be narcotics in the car and requested the assistance of the Sheriff's K-9 unit. The K-9 reportedly alerted on the vehicle and Pascucci was found allegedly to be in possession of a controlled substance with intent to sell. Pascucci was jailed on $10,000 bail.

Willie C. Armstrong, 40, of Tolland Avenue, East Hartford, Conn., is charged with unlawful possession of marijuana. Armstrong was charged following a traffic stop at 4:30 p.m., Nov. 20 on State Street, by Deputy Brian Thompson.

Christopher Nathaniel Johnson, 24, of Salina Street, Rochester, is charged with unlawful possession of marijuana. Johnson was charged following at traffic stop at 8:41 p.m., Saturday, on Route 33, Bergen, by Deputy Brad Mazur.

Pedestrian hit by car on Park Road, Batavia

By Howard B. Owens

A 68-year-old man was injured Sunday evening after he was struck by a car while he walked through the crosswalk on Park Road at Batavia Downs.

Douglas Aiken, of Morrow Road, Pavilion, was taken by a Mercy EMS ambulance to the Genesee County Airport and then transported by Mercy Flight to Strong Memorial Hospital.

Aiken was alert and conscious at the time of transport, according to Sgt. Greg Walker, Sheriff's Office. Walker said Morrow complained of head and shoulder pain. His injuries were not believed to be life threatening. He was taken to Strong as a precaution given the nature of the accident.

The driver, David L. Reeb, 60, of Corfu, had slowed while approaching the crosswalk, but did not stop, Walker said.

Reeb was cited for alleged failure to yield to a pedestrian.

A 10-year-old passenger in Reeb's station wagon was not injured, nor was Reeb.

Walker said the accident was the first car-pedestrian accident he can remember at the crosswalk outside Batavia Downs since the Downs reopened.

(Initial report)

Serious injury accident in front of Batavia Downs

By Billie Owens

A motor-vehicle accident with serious injuries is reported on Veterans Memorial Drive in front of Batavia Downs. Veterans Memorial Drive is being shut down, and so is the opposite end of that street, which becomes Park Avenue.

Staging area is in the parking lot of Kmart. Town of Batavia Fire Department and Mercy medics are responding.

Mercy medic on scene requests Mercy Flight to stand by in the hangar.

UPDATE 7:22 p.m.: Mercy medics are transporting a patients(s) to the hangar now. The parent of a victim is said to have arrived in the parking lot at Kmart.

UPDATE 7:26 p.m.: Officers are reopening Park Avenue.

UPDATE 7:34 p.m.: This was a car vs. pedestrian accident involving one victim, the pedestrian. The person is being transported via Mercy Flight to Strong Memorial Hospital. The patient is said to be alert, complaining of shoulder and head pain.

Person reportedly suffers ankle injury jumping from 2nd floor of building on Tracy Avenue

By Howard B. Owens

A person contacted dispatch saying he jumped from the second floor of a residence on Tracy Avenue and suffered an ankle injury.

There was reportedly a party at the residence at the time.

Law enforcement on scene and the person has been located. Mercy EMS dispatched.

The ambulance dispatched to Summit Street for better access to the patient's location.

UPDATE 4:24 a.m.: Patient being transported to UMMC.

Five charged with grand larceny after allegedly shoplifting from Kmart

By Howard B. Owens

Five people were jailed Friday, charged with grand larceny and accused of shoplifting from Kmart during a busy Black Friday morning.

The five suspects are all from Buffalo and were reportedly in a rented car when they went to the store at 8363 Lewiston Road.

The suspects were allegedly removing two HD TVs, two mobile phones, video games and numerous cosmetics when confronted by Kmart security.

The suspects fled, leaving behind much of their allegedly ill-gotten booty and headed toward Walmart.

One suspect was found in the Office Max parking lot.

The suspects reportedly tried discarding some of the allegedly stolen merchandise as they fled.

Arrested, charged with grand larceny, 4th, and jailed on $2,500 bail each were:

  • Amanda P. Stephens, 25, of Schreck Avenue
  • Brittanie S. Wofford, 24, of Hiddell Street
  • Crystal M. Snow, 45, of Wohlers Street
  • Jazzmen S. Welch, 21, of Goemble Avenue

Also charged, but released under supervision of Genesee Justice, was Emma M. Mills, 36, of Clay Street, Buffalo.

The case was investigated by Deputy Christopher A. Parker, with assistance from Deputy Daniel VanValkenburg, Investigator William Ferrando and State troopers J. Bryman and J. Jackson.

Photos: Kathy Hochul 'shops local' in Genesee County to support local business

By Howard B. Owens

When Rep. Kathy Hochul stopped into Adam Miller Toy and Bicycles this afternoon, a constituent asked her what could be done to create more jobs. "Shop in local stores so they can expand and hire more people," Hochul said.

That was the theme of Hochul's visit to Batavia and Le Roy on Saturday.

While Saturday was dubbed as a "shop local" day by a group of national conglomerates, Hochul said it didn't really matter who was behind the push. The important thing was that this holiday season it's important for consumers to remember to spend at least some of their gift-giving dollars in locally owned stores, which provides more benefit to local communities than big box retailers.

Hochul stopped in at Adam Miller, Charles Men's Shop and the Enchanted Florist in Batavia, and then went out to Le Roy where she did some Christmas shopping at Vintage and Vogue and then visted the Jello Museum, where she also found a couple of gifts.

Photo: Tom Rivers at book signing for 'Farm Hands'

By Howard B. Owens

Ace ag reporter Tom Rivers was at Coffee Culture this morning with his son Ruben signing copies of his book "Farm Hands." The book is based on a series of articles Rivers wrote for the Batavia Daily News about his efforts to get out and work the fields, experiencing firsthand what it's like to be a farm hand. Rivers said so far the book has sold 5,500 copies. If you don't have your copy yet, it's available at Present Tense books and the Holland Land Office Museum.

Photo: Minor accident at Main and Dellinger in the city

By Howard B. Owens

There was a minor accident in the city -- reportedly no injuries -- at Main Street and Dellinger Avenue just before 4:30 p.m. One lane of traffic was blocked for about 20 minutes. No further information available.

Photo: New drive-thru coffee shop opens at East Main and Clinton streets

By Howard B. Owens

Betty Sommer, a resident of Williamsville, worked in Batavia for five years, driving passed a former drive-thru bank location on East Main Street near Clinton Street thinking every day, "that would make a great coffee location."

"Finally," she said, "I decided to do it."

Sommer opened Kick-Ass Coffee nearly two weeks ago, on the same day sewer line construction began on East Main, cutting down on her visibility, but she said new customers have been finding her shop. It is a kiosk in East Town Plaza, standing alone, across the parking lot from Aldi's.

The coffee, she said, is fresh brewed from Latin American beans roasted in Buffalo and all of the ingredients in her breakfast sandwiches and subs are fresh. She bakes her own biscuits and muffins.

"Everything tastes just like you made it yourself at home," Sommer said.

Law and Order: Accused rapist faces additional 'forcible touching' charge

By Howard B. Owens

Oscar Donaldo Ramirez-Castanon, 33, of Lewiston Road, Batavia, is charged with forcible touching. Ramirez-Castanon is accused of grabbing the breasts of a woman and trying to kiss her against her will. Ramirez-Castanon is currently jailed on a rape, 1st, charge.

Lori E. Connolly, 54, of 8819 Batavia Stafford Townline Road, Batavia, is charged with DWI and unsafe lane change. Connolly was stopped at 7:42 p.m., Monday, on East Main Street, Batavia, by Officer Kevin DeFelice.

Rachel Emma Pitz, 19, of Market Street, Attica, is charged with petit larceny. Pitz is accused of stealing $67.49 worth of merchandise from Kmart. 

Ashley Marie Budziszewski, 25, of Broadway Street, Oakfield, is charged with petit larceny. Budziszewski is accused of stealing $40.45 worth of merchandise from Kmart. 

Stephen Theron Ferry, 20, of Knowlesville Road, Oakfield, is charged with trespass. Ferry is accused of trespassing on Allen Foods property.

Jason Lee Cramer, 27, of Central Avenue, Batavia, is charged with petit larceny. Cramer is accused of shoplifting from Kmart.

Lamar Ateef Randall, 26, East Park Street, Albion, is charged with unlawful possession of marijuana. Randall was taken into custody on a warrant issued by Batavia City Court. Upon a search during his arrest, Randall was allegedly found in possession of marijuana.

Photo: Black Friday? Bah-humbug. It was a perfect day for a round of golf

By Howard B. Owens

Rather than mob a mall, golf enthusiasts mobbed local golf courses the day after Thanksgiving to take advantage of unseasonably warm weather.

Lisa Fickel, director of marketing for Terry Hills, said the course buzzed like a spring day this morning with golf carts zipping all over the place.

Above, Tim Braunscheidel watches his shot fly down the first fairway at Terry Hills. Braunscheidel was out for a round of golf with his father, Dave and their friends Scott Gibson and Dan Grefreth.

Photos: Local stores don't depend on just one big day in the holiday season

By Howard B. Owens

Nobody mobbed local stores today. There were no big sales. It was pretty much business as usual, and the shop owners we spoke with said business was pretty good.

"Black Friday is really about the big box stores," said Erica Caldwell, owner of Present Tense Books. "Our big weekend was our holiday open house last weekend."

The Christmas shopping season is still important to Present Tense, Caldwell said. There will be a lot of presents bought in the store, but no one-day big event will drive sales.

It's the same at Valle Jewelers where Mary Valle said so far they've sold one Christmas present. The rest of the sales -- and sales have been good of late, she said -- have been for birthdays, weddings and anniversaries.

Neither Caldwell nor Valle have big expectations for the nationally promoted "shop local" effort scheduled for Saturday.

"I'm curious to see if it has an impact," Valle said.

When you are ready to shop local this holiday season, check out the list of sponsors of The Batavian in the left rail (or just look at the ads on the page). There's a ton of great gifts to be found at local shops and a gift certificate from a local restaurant makes a great stocking stuffer.

Photo: Horse wagon rides at shopping mall

By Howard B. Owens

By the time I made it out the shopping center on Veterans Memorial Drive, the Black Friday crowds had subsided, but the mall's developer, Cor Development Group, had brought in a horse-drawn wagon for customers. Santa was supposed to show up later in the afternoon and the company is planning a fireworks show for this evening.

Happy Thanksgiving from The Batavian

By Howard B. Owens

I've had a couple of conversations recently that reminded me how fortunate we are to live in Genesee County.

The first was with a gentlemen who came into Delavan's on Friday night. He's from Ohio but visits Batavia regularly for business. He's decided to buy a small home here rather than always packing for a hotel stay.

"I love Batavia," he said. "It's a great little city. The people are friendly, the crime rate is low, there's a lot beautiful old homes around and it's a nice area."

The other conversation was with Jeff Stephen, the dairy industry expert. Stephen had no idea I was from California when we started to talk, but he began to compare Batavia to the so-called Golden State. Batavia, he said, was a great place for a company to set up business compared to California. We have good schools, the cost of living is so much lower, it's less crowded and people in Western New York, unlike California, he said, really appreciate their jobs.

San Diego, my hometown, can call itself America's Finest City, but I think where I live right now has it beat hands down.

There's a lot of advantages to living in Genesee County that are easy to forget as we go about our day-to-day business. Every community has its problems, and it's easy as we struggle to solve them to let them become bigger in our minds than they actually are, or to forget about all of the good things around us.

All of us in Genesee County have a lot to be thankful for, from the place we live, to the neighbors who are always ready to help, to the friends we stand by and who stand by us, to the families we cherish.

On behalf of myself, Billie, Lisa Ace and our correspondents, we want to thank both our readers and our advertisers for making it possible for us to live and work in America's Finest Little City. We wish you and yours the very best. Happy Thanksgiving!

Expert: Batavia poised to become yogurt capital of Northeast

By Howard B. Owens

Project Wave -- which we now know is being pursued by PepsiCo -- will be the largest yogurt plant in North America, according to an industry expert with more than 15 years in the field.

Jeff Stephen, a consultant with Productive Partners, said in an interview today that what Pepsi is planning is impressive and will be a huge benefit to the community and the local dairy industry.

"Pepsi isn't the kind of company that is going to go anywhere," Stephen said. "They're not going to cut back because of any shortage of money. This is everything you could ask for in a local community. They are going to be successful. Not everything will go to plan, but they will succeed. This is a major global commitment."

Based on industry reports, Pepsi wants to get into the yogurt business. The multinational firm is planning a merger of sorts with Theo Muller Group, a German company that makes seven different yogurt products.

Stephen said companies for years have been trying to crack the U.S. yogurt market in the belief that American consumers don't buy as much yogurt as they should. Europeans consume five or six times as much yogurt as Americans, Stephen said.

The key to the U.S. yogurt market, Stephen said, is to make yogurt with more body and texture, a yogurt that can be consumed as a meal or a key ingredient in a meal. Growth in the U.S. yogurt market has been thwarted, Stephen said, because too much of the product available in the U.S. is what Stephen called "crappy dessert yogurt."

The key to the U.S. market is Greek yogurt, which has more flavor, is more filling and has greater nutritional value.

That's the kind of yogurt that will be the basis of Alpina's product line. Alpina was the first big signing for Genesee County Economic Development Center in the new ag park. Alpina is building an initially 10,000-square-foot facility that will employ 50 people.

Pepsi's plans begin with a 300,000-square-foot facility that will employ 180 people, with a build out by 2033 of 16 production lines and 600 employees.

There is no yogurt plant in North America that's close to that size, Stephen said.

When Stephen saw what was being planned for Project Wave, as first reported on The Batavian, he figured Pepsi, whose plans with Theo Muller had already been reported by the Wall Street Journal, was a likely prospect for the property. A project of that size would almost certainly be a plant for a large corporation moving into a new product line. 

The deal bringing Pepsi to Batavia hasn't been signed yet, but construction has begun on the facility and Pepsi is clearly eager to get its new product to market by 2013.

Stephen just hopes Pepsi is planning a yogurt line based on Greek yogurt and not "crappy dessert yogurt," which he doesn't think will help Pepsi or other yogurt makers expand the U.S. market.

Whatever Pepsi does, he doesn't see the Pepsi products competing directly with Alpina, which will be producing a slightly higher end yogurt and going after niche markets.

Pepsi's main competitors will be Dannon and Yoplait.

Dannon, based in White Planes, is a pure dairy company and between its two main brands, controls about 38 percent of the yogurt market. Yoplait, owned by General Mills, has another 6 percent. The rest of the market is shared by regional players and store brands, some of which, Stephen said, are very good.

Another potential local player in the yogurt market is O-AT-KA Milk Products, which is owned by Upstate Niagara Cooperative. 

The rumor is that a current expansion at O-AT-KA is for the local plant to start making yogurt ingredients.

It's unknown who the ingredients will be sold to, but Upstate purchased a 100-year-old, one-line yogurt plant in Watertown about a year ago.

Charitably, Stephen said, the Watertown plant is "historic," but it shows Upstate's intention to move into the yogurt business.

Whatever product Pepsi brings to market, Stephen said, will be thoroughly researched and well marketed.

"I have very high respect for Pepsi," Stephen said. "They are efficient in manufacturing and production and very good marketers. They are not the kind of company that gives up."

It's unknown whether Pepsi will purchase its dairy products through O-AT-KA or directly from farmers (those are discussions that probably haven't even taken place yet, Stephen said), but as for farmers, Stephen said they will be happy working with Pepsi.

Pepsi, he said, takes an approach that being easy to work with helps lower costs.

"I think the farmers will want to do business with them," he said.

As for milk supply, the market will probably be shaken up for awhile initially, but the big farmers have little trouble adding capacity (more cows) and there should be an ample milk supply in Western New York to meet the needs of Pepsi, Alpina and O-AT-KA, and any other players that enter the market at the ag park.

Perhaps the worst news for other dairy businesses, Stephen said, is that if Pepsi wants to hire an employee, they will hire that employee. They will spend what it takes, he said, to get the best employees, especially in key positions.

But it's a great pool of employees that is attracting Pepsi to Batavia, Stephen said.

For years, he's been telling dairy companies to stop manufacturing in places like Los Angeles, New York and Philadelphia because the standard of living is so much better in smaller communities.

Employees can actually afford to buy a house in a place like Batavia. That isn't true in larger population centers. And, Stephen said, the schools are good, and that's attractive to a major employer.

"You have a pretty high quality of life," Stephen said. "It's a pretty attractive place to put people who are going to work for you for a long time."

Alleged shoplifter arrested after 17-minute manhunt

By Howard B. Owens

A 22-year-old Medina man accused of shoplifting Tuesday at Kmart allegedly resisted arrest and fled from a deputy, leading to a 17-minute manhunt that ended with his arrest on Batavia Downs property.

Jailed on $2,500 bail was Shawn Richard Wisniewski, of West Avenue Street, Medina.

Wisniewski was accused of trying to steal doe and buck urine.

Deputy Patrick Reeves responded to the store at 3:25 p.m. after the alleged attempted theft was reported and Reeves interviewed Wisniewski. When Reeves tried to arrest Wisiewski, Wisiewski allegedly resisted arrest and fled the store.

Assisting in the manhunt were Batavia PD and State Police.

Wisniewski was charged with petit larceny, escape, 3rd, resisting arrest and criminal possession of a controlled substance, 7th.

No information available on what the alleged controlled substance may have been.

Driver apparently didn't see other car before pulling onto Veterans Memorial Drive

By Howard B. Owens

A driver pulling out of the Walmart parking lot at 4:03 p.m., Tuesday, on Veterans Memorial Drive apparently didn't see an oncoming car before pulling out in front of the other vehicle.

The two-car collision sent four people to UMMC for evaluation and treatment of minor injuries.

Cited for alleged failure to yield the right-of-way was Patricia A. Derleth, 72, of Clinton Street Road, Batavia.

Besides Derleth, injured in the crash were the driver and two passengers in the other vehicle: Kara L. Diltz, 18, of Kent Road, Kent, and Steven T. Peckenpaugh, 19, and Derquile R. Qualcen, 22.

The accident was investigated by Sgt. Greg Walker.

(Initial report)

Photo: Turkey dinner served at Batavia Youth Center

By Howard B. Owens

The staff and volunteers at the Batavia Youth Center served a traditional Thanksgiving dinner Tuesday night to about two dozen youngsters who are participants in youth center programs. Most of the meal, turkey and fixings, was prepared by Gail Stevens.

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