batavia

A defense attorney for Antwan Odom, the Batavia High School athlete accused of cutting Ray Leach with a knife during an apparent argument Aug. 4, will file a motion in advance of a trial later this year that will allow him to call into question Leach's character.

Odom today turned down a plea offer that could have meant no jail time, seemingly on the advice of his attorney, Frank Housh, of Buffalo, because Housh didn't feel there was enough of a guarantee from the court that Odom could be adjudicated a youthful offender and avoid a prison term.

Outside of court, Housh said his client didn't commit a crime, that he acted in self-defense, and that as part of a self-defense claim, he should be able to submit evidence that supports his claim, including the character of the alleged victim.

"The fact that Ray Leach is known in the community to be a violent person, to be a confrontational person, who confronted (Odom) -- by the prosecution's own admission -- he was the first aggressor," Housh said. "He went to my client's house and called him out and beat him into unconsciousness.

"So, under those circumstances, to say, when the prosecution is admitting that he was the first aggressor, to say that his history of violence and intimidation is irrelevant is simply absurd. We should be able to bring that up because it goes to the circumstance of his justification."

Housh may also seek a change of venue. Given Leach's status as a star athlete, one of the most recognized athletes in the region, Housh said he isn't sure an impartial jury could be impaneled in Genesee County.

A change of venue motion isn't certain, Housh said. He will need to research it further.

He said a request for a change of venue is unrelated to a bit of a conflict in court today over the terms of a potential plea agreement and what Judge Charles Zambito's role is in guaranteeing any particular sentencing outcome.

Odom is charged with assault in the first degree, a Class B felony with a minimum sentence of five years in prison and up to 25 years in prison. District Attorney Lawrence Friedman's offer was for Odom to plead guilty to second-degree assault, a Class D felony. The plea, Friedman said, would be unconditional and expose Odom to a potential maximum prison term of seven years.

However, Odom would also then be eligible for a probationary sentence and youthful offender status, which would seal his criminal record.

Housh said in court today that in 25 years of practicing criminal law, including 10 working as a prosecutor, he had never come across a court where he couldn't get a promise from a judge on sentencing perimeters. 

His interpretation of his conversation with Friedman was that he couldn't even ask Zambito to promise probation and youth offender adjudication and that even to discuss the possibility with the judge would violate the terms of the plea offer.

"Never have I seen a scenario where the separation of powers has been so different, whereby the prosecutor decides what sentencing perimaters and what protocols the judge will follow," Housh said. 

Friedman rolled his eyes.

He said Housh was mischaracterizing their conversation and that an unconditional plea offer is just that -- there are no preconditions on sentencing. It would be up to the judge to decide on the day of sentencing what the appropriate sentence should be.

If the judge makes promises about sentencing at the time of the plea then it is no longer an unconditional plea, Friedman said.

"If the defendant wants the range of sentencing with a D felony instead of a B, then take the plea," Friedman said. "If not, then don't take the plea."

Zambito told Housh it is his practice to never promise anything less than the statutory limit. He wants to see the presentence report and hear the arguments of the attorneys before reaching a decision on an appropriate sentence.

"This court has been doing it this way for as long as I can remember," Zambito said. "It's not just me and it's not just Mr. Friedman."

The attorneys then met with Zambito in chambers and then Housh met with his client. When the court reconvened the case, Housh informed the court that his client was rejecting the plea offer and he asked for time, before setting a trial date, to file motions and have those motions heard. He has 30 days to file his motions. A hearing on the motions is set for 2 p.m., July 2.

Voters approved the Richmond Memorial Library budget, with a spending increase of $25,350, by an 82.3 percent margin, Director Bob Conrad announced.

Norm Argulsky, board president, won a second five-year term and Jessica Ecock-Rotondo was elected to her first five-year term.

The libraries total budget for 2019-20 is $1,521,067. 

Under the state's tax cap law, the library could have increased tax revenue by $60,000 but the trustees held the increase to $25,350.

The library tax rate will be .0288 cents per thousand or less than $3 for a home assessed at $100,000.

Full budget details can be found in the library's newsletter (pdf).

Lisa Lynn Lyons, 42, of Alexander Road, Attica, is charged with two counts of misconduct in relation to petitions, a violation of NYS Election Law (ELN 17-122, #6). It is alleged that the defendant subscribed as a witness to a petition on April 1 for the designation of herself as the Republican candidate for the upcoming Town Clerk of Alexander position. It is alleged that she did not witness all signatures of the filed petition, thereby making a false statement or false affidavit. Lyons, who is the incumbent Town of Alexander Clerk and Tax Collector (her term expires Dec. 31), was issued an appearance ticket for the charges and is due in Batavia City Court at 1:30 p.m. on Tuesday, May 21. The case was investigated by Genesee County Sheriff's Sgt. James Diehl.

Devin A. Hill, 18, of Rochester, is the alleged driver a pickup truck that was seen leaving the Batavia Cycle Center, located at 4988 E. Main Street Road in the Town of Batavia, hauling a trailer at 2:15 a.m. this morning (May 2). His passenger was Angel I. Carrasquillo, 43, of Rochester, who was later located walking in the area of Route 33 and Warner Road. The men were arrested after the Genesee County Sheriff's deputies were called to a suspicious condition at the cycle center. The pickup truck and trailer were stopped a short time later on Route 33 in the area of Coward Road after a call by deputies. Two go-karts and one three-wheeler were on the trailer being towed and they were determined to be stolen from Batavia Cycle Center. Both men are charged with third-degree grand larceny, third-degree burglary, and fourth degree criminal mischief. Following their arraignments in Town of Batavia Court, Hill was jailed in lieu of $10,000 bail and Carrasquillo was jailed without bail. The case is being investigated by GC Sheriff's Deputy Mullen, Deputy Andre, Sgt. Baiocco, Sgt. Sanfratello, Investigator Parker and Investigator Minuto. Also assisting were members of the Batavia PD, NYSP, and Environmental Conservation Officer Fay Fuerch.

Jacob John Sponaugle, 20, of Liberty Street, Batavia, is charged with: introduction of prison contraband into prison in the frist degree; fourth-degree criminal facilitation; fifth-degree conspiracy; and seventh-degree criminal possession of a controlled substance. It is alleged that Sponaugle conspired with others to smuggle contraband items into the jail. Following an investigation of contraband smuggling in the GC Jail on Jan. 19, Sponaugle was arrested on April 30. After arraignment in Batavia City Court, the defendant was jailed on $2,500 cash bail or $5,000 bond. He was due back in city court May 1. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Mark Daniel Caufield, 25, of Fisher Road, Rochester, is charged with: criminal possession of marijuana in the fifth degree -- more than 25 grams; aggravated unlicensed operation of a motor vehicle in the first degree; operating a motor vehicle while impaired by drugs -- first offense; and criminal possession of drug paraphernalia in the second degree. At 4:07 p.m. on April 21, Caufield was arrested on Clinton Street Road in Batavia following a traffic offense complaint. He was arraigned in Town of Batavia Court and is due there again on May 20. He was jailed on $2,500 cash or bond. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth.

A 40-year-old Batavia resident who was originally accused of attempted murder for stabbing somebody at a home on Ellicott Street accepted a plea agreement today that will likely mean a five-year prison term.

Rashawn L. Gosier, formerly of Shady Lane, attempted to assault, 2nd, and criminal possession of a controlled substance, 5th.

Gosier was arrested in December after an incident at 337 Ellicott St. that led to a brief manhunt before Gosier was apprehended crawling out of the basement of that residence.

One person was transported to an area hospital that night but was apparently not seriously injured.

At the time of his arrest, Gosier was found in possession of 500 milligrams or more of cocaine.

Gosier is being held without bail pending his sentencing at 10:30 a.m., May 29.

Photo: File photo of Gosier's arrest.

A 23-year-old man who is accused of setting his girlfriend and her apartment on Maple Street in Batavia on fire last June is mentally incapable of assisting in his own defense, Judge Charles Zambito ruled this afternoon.

Plush Dozier will be remanded to the Commissioner of Mental Health for treatment and then be reevaluated, Zambito ruled.

Dozier is charged with arson, 1st, and attempted murder.

Three psychiatrists examined Dozier and two of them found him capable of understanding the charges against him and recognizing the roles of the judge and attorneys in a court proceeding, but all three said he suffers from schizoaffective disorder, oppositional defiant disorder, and is prone to paranoia and hallucinations.

Zambito noted that all three doctors described his disorders as fluid. In other words, he can slip from lucid to psychotic at any time. And while his disorders can be managed with treatment and medication, there is no record, Zambito said, that he is receiving or has received proper and appropriate treatment.

"Dr. Mitchell described his condition as a moving target," Zambito said. "All three doctors who evaluated him said he could snap at any time. This is consistent with the representations by his attorneys that at times he was lucid and could cope and at times he was not."

He added later, "All of them (the doctors) indicated or represented concerns that if not treated, his symptoms could very well become active and interfere with his ability to effectively assist in his own defense."

Zambito also noted that Dozier's disorders go back to his childhood.

"There is no indication that he is feigning anything or that he is a malingerer," Zambito said.

Dozier is currently represented by Thomas Burns, his third attorney. He is being held in Attica, and reportedly in solitary confinement despite his lack of a conviction in this case, because the Genesee County Jail and its staff is ill-equipped to deal with a person with Dozier's multiple disorders.

He was accused of menacing a police officer after an alleged violent incident while in local custody two months after his arrest.

At the start of today's hearing, Burns said he had met with his client and his client had asked to speak with the judge about his treatment, or alleged mistreatment, in Attica. He has raised this issue before and, as Burns noted, has been told by Zambito that the county court judge lacks jurisdiction to change where he is being held or affect the status of his custody. Still, Burns said, Dozier wished to raise the issue.

Zambito suggested that the court hear the testimony of Dr. Virginia Wohltmann, who examined Dozier in December, and that the court then take a recess so Burns could discuss the specifics of the situation at Attica with his client.

After Zambito heard two other cases, Burns and Dozier returned to the courtroom and Burns said his client had decided against putting anything on the record today about his treatment in Attica. At that point Zambito informed Burns and District Attorney Lawrence Friedman that he had finished reviewing the witnesses' testimony in the hearing (which was held in parts over different days) and was ready to render a decision.

Zambito then reviewed the testimony of the three doctors before stating that he found that while Dozier might be able to understand the proceedings, his fluid mental state would make it difficult for him to assist in his defense.

"This is not the end of the matter," Zambito said. "This is not the final verdict but based on the credible evidence presented in this court, I find the defendant at this time is an incapacitated person and remand him to the custody of the Commissioner of Mental Health for care and treatment for up to one year and then he will be reevaluated and brought back."

Call Lynn Bezon today at 344-HOME for more information on these listings or visit us online.

A second ambulance is called to the scene of a car vs. pole accident at 3962 Batavia Elba Townline Road. Unknown injuries. Town of Batavia Fire Department is on scene.

Submitted photo and press release:

The Committee to Elect Judge Rogers invites the public to come meet with Batavia City Court Judge Durin Rogers for coffee and a conversation on May 16 at the Holland Land Office from 5:30-6:30 p.m. and on May 25 at the Richmond Memorial Library from 9:30-10:30 a.m. 

This is a great opportunity for the residents of Batavia to learn more about the job of Batavia City Court Judge, answer questions about the election process and get to know the candidate.

“I hope to share more about what the Batavia City Court does on a day-to-day basis, what my job entails, and connect with residents from our community,” Judge Rogers said. “A casual conversation over a cup of coffee is a great way to accomplish that. I hope to see everyone there!”

(Durin Rogers is seeking election as permanent Batavia City Court Judge, a post currently held by Robert Balbick, who will be retiring. The other candidate is Benjamin Bonarigo.)

Richmond Memorial Library's budget vote and trustee election takes place from 9 a.m. to 9 p.m. on Thursday, May 2nd.

Norm Argulsky and Jessica Ecock-Rotondo are candidates for the two trustee seats, each with five-year terms.

The library is seeking an increase in local public funds of $25,350 for fiscal year 2019-20.

Voting takes place in the Library's Gallery Room. The library is located at 19 Ross St. in the City of Batavia. Phone is 343-9550.

Any registered voter residing in the Batavia City School District is eligible to vote.

To learn about the 2019-20 budget, the trustee candidates and general information about the library and its plans, click here.

Library Director Robert Conrad explains the proposed budget:

"On the revenue side, we’re prepared for small drops in PILOT funds and income from library fines and fees. We expect them to be counterbalanced easily by increases to gifts, memorials, and withdrawals from our appropriated fund balance.

"Of course, the bulk of our revenues come from the local property tax levy. New York’s property tax cap formula allows us to ask for an increase of $60,557 without breaking the cap – but we’re asking for an increase of only $25,350. That increase, which would be under 2 percent for the sixth year in a row, would raise the tax rate per thousand of assessed value by 0.0288 – in other words, by less than $3 for a home assessed at $100,000.

"On the expense side, we're budgeting slight increases in local funding for library materials; we're adding capacity to the Imagination Library program (free books for kids to keep every month, from birth through age 5), which would allow up to double the enrollment we see today; and we’re doubling down on our very popular and well-attended library programs for adults, teens, and children of all ages.

"Long supported by additional funding from the Friends of the Richmond Memorial Library, our music, movie, book, and family gaming programs are popular with Batavians as well as with families from the surrounding communities who come here to share, learn, read, and play, helping to make Batavia the vibrant hub of the GLOW county region.

"Thank you to everyone for making the Richmond Memorial Library the extraordinary place that it strives to be!"

Police have been dispatched to the emergency room at UMMC to interview a man who says he was struck by a car on Washington Avenue.

"I guess he has pretty good injuries," the officer is told.

UPDATE 5:38 a.m.: The apparent hit-and-run occurred at Washington and Bank, a police officer informs dispatch. No time provided.

At the end of a high-speed chase of a three-wheeler down North Street, police are searching the wooded area off Naramore Drive, Batavia, for a subject who has apparently lost a shoe.

An officer told dispatchers, "it looks like we have a one-shoe bandit."

We don't know how, when, or why the chase started, but it began somewhere in the area of Richmond Avenue and Oak Street and the subject "blew through" a red light at Oak and Richmond. An officer chased the three-wheeler eastbound on Richmond onto North Street and shortly after reaching North and Manhatten the officer informed dispatchers speeds had reached 55 mph. He said he was terminating the pursuit but apparently was able to maintain eyesight on the fleeing subject and tracked him to the end of Naramore.

The subject apparently abandoned the three-wheeler in that area and fled on foot.

An officer requested a K-9 to track the subject but none are available in the area.

Police apparently have another subject in custody who described the driver of the ATV as a white male named Josh.

UPDATE 5:30 a.m.: The chase started after police responded to Union Avenue near Oak Street for two subjects riding ATVs in the street. One rider was stopped and the other fled. The ATV that made it to Naramore Drive (top photo) was impounded. Sgt. Dan Coffey told the tow-truck operator that if the owner shows up, he can't have it back yet. "He (the owner) can have it back but he needs to talk with us first," Coffey said. It was a deputy who responded to the chase from the east side of Batavia who located the ATV after the Batavia PD ended the pursuit.

The ATV stopped on Union Avenue.

Todd M. Englerth is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Nov. 20 in the Town of Le Roy that Englerth knowingly possessed a dangerous knife or instrument -- metal knuckles, and he had previously been convicted of a crime. In count two he is accused of second-degree assault, a Class D violent felony, for allegedly intentionally trying to prevent a Le Roy police officer from performing a lawful duty and causing physical injury to the officer. In count three, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Englerth attempted to prevent a public servant from performing an official function by means of intimidation, physical force or interference. In count four, the defendant is accused of resisting arrest, a Class A misdemeanor. In count five, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing cocaine weighing an 1/8th ounce or more.

Heyward Clark AKA Heywood Clark is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 27, 2016 that Clark knowingly entered into a building on School Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing personal property and U.S. currency that day. In count three, he is accused of third-degree criminal mischief for allegedly damaging property belonging to another person that had a value of more than $250 -- a window. In count four, Clark is accused of another count of third-degree burglary for allegedly unlawfully entering a garage on Porter Avenue in the City of Batavia sometime between Oct. 27 and Oct. 31, 2016. In count five, he is accused of another count of petit larceny for allegedly stealing a circular saw and battery from a person after entering the garage. In count six, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property at the garage -- a window.

Felix Cabrera-Lopez AKA Felix Cabrera is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 6, 2018, on South Lake Street in the Town of Bergen that Cabrera-Lopez drove a 2001 Honda while his driver's license was suspended or revoked. He had in effect at the time 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine: Jan. 31, 2008; Dec. 31, 2011; Oct. 5, 2012; March 27, 2014; Oct. 16, 2014; Jan. 7, 2015; June 9, 2015; May 12, 2016; Sept. 10, 2016; July 25, 2017 -- all in Monroe County.

For the third-straight year, the UMMC Wound Care Center has been recognized by Healogics with the Robert A. Warriner III, M.D., Center of Excellence Award.

UMMC's median heal time is 22 days, well below the 30-day standard set by Healogics, said Michelle Rector, the director of clinical operations. The Wound Care Center also achieved a patient satisfaction rate of 92 percent and a healing rate of 91 percent.

"At the end of the day, all the numbers set aside, it really is about people the who work here," Rector said. "Their dedication to the patients and the level of collaboration that they have with each other, whether it be providers, nurses, techs, as well as our vascular counterparts, radiology, and infectious diseases, so it's not just an individual's award. It really is a team effort."

The center offers highly specialized wound care and hyperbaric medicine to patients suffering from diabetic ulcers, pressure ulcers, infections and other chronic wounds that have not healed in a reasonable amount of time. Some of the leading-edge treatments offered at the Wound Care Center include negative pressure wound therapy, debridement, application of cellular-based tissue or skin substitutes to the wound, offloading or total contact casts and hyperbaric oxygen therapy.

“It never gets old receiving this award, especially knowing how hard everyone on this team works to provide the best possible wound care in Western New York,” remarked Joseph Canzoneri, DPM, medical director for the Wound Care Center. “We continue to be the only wound care center in the state west of Syracuse, and one of only 30 percent of the facilities in the nation, to share this distinction.”

This year, patients Lowell Melvin and Ron Drock were on hand for the award to talk about their experience being treated by the staff at the center.

Both said they were impressed by the care and skill of the staff.

Melvin had serious, long-lasting wounds on his legs that other doctors had been unable to treat. He didn't have high hopes for a cure when he first arrived at the center, he said. He expected his legs would need to be amputated.

“Dr. Joe (Joseph Canzoneri, DPM) made the same promise probably twenty other doctors had made, but the big and different thing was, he kept it. When he said he could heal them, he did,” Melvin said.

Top photo: Dr. Samar Alami, Dr. Joseph Canzoneri, Stacey Banker, from Healogics, and Lisa Albanese, program director at the center.

Ron Drock, Lowell Melvin, and Melvin's significant other, Leigh Squiels.

The wound center staff with their three annual awards.

Dr. Samar Alami, Dr. Joseph Canzoneri, Sharon Grimes, and Dr. John Wickett.

Press release:

On Friday, May 31, from 5:30 to 9:30 p.m. Northgate Free Methodist Church in Batavia will host the first Marriage Night simulcast event in partnership with RightNow Media.

Marriage Night offers husbands, wives, and engaged couples the opportunity to hear from Francis and Lisa Chan ("You and Me Forever"), Les and Leslie Parrott ("The Good Fight"), and Christian comedian "Michael Jr."

Registration is $15 per person, and includes dinner prior to the simulcast.

Healthy marriages don’t happen by accident. They require work and dedication, but with the busyness of life and the pressures of culture it’s easy to lose focus. What is marriage supposed to look like when those initial bursts of excitement give way to everyday troubles and routines?

This event provides expert teaching and principles for a lasting relationship while challenging the couples to see the greater purpose of marriage — to glorify God and advance his Gospel. Marriage is made for more than fairy tale ending. It’s a picture of God’s hope and redemption for a world in need of rescue.

Northgate Free Methodist Church is located at 8160 Bank Street Road, Batavia.

To register and find out more information, visit here. If you have questions, you may call the office at (585) 343-4011 or email Pastor Gloria at gloria@northgatefmc.com

Invite your friends, family, coworkers, and neighbors to attend this one-night event.

Officials at Western Regional OTB released a statement this afternoon flatly denying a report that there is an FBI investigation into "lucrative contracts" for "politically wired" companies.

Buffalo-based Investigative Post reported that the FBI is looking into contracts granted to firms with ties to OTB Chairman Richard Bianchi, a member of the Monroe County Conservative Party’s executive committee, and CEO Henry Wojtaszek, former chairman of the Niagara County Republican Committee.

Reporter Jim Heaney wrote that the story is based on multiple unnamed sources. He wrote that an FBI spokesperson would neither confirm nor deny the existence of an investigation.

Batavia Downs and Western OTB spokesman Ryan Hasenauer released the following statement:

“The FBI has not confirmed that there is an investigation of the Western Regional Off-Track Betting Corporation (WROTB) and WROTB has not received any inquiry from the FBI.

“Any inquiry or investigation would learn that our contracts are reviewed by an independent Board of Directors appointed by the County Legislatures of 15 counties and the Mayors of two cities. These contracts are audited, public documents and available for public inspection. Furthermore, WROTB has procurement policies that are strictly observed.

"We are proud of our record at WROTB, as the only municipally owned and operated gaming facility in New York State. We are not just a strong economic driver for Western New York, but we provide critical funding for community development which creates jobs, protects families and helps to offset tax increases for residents.”