batavia

A 27-year-old Batavia man who shot and tried to kill another local resident got the prison term he bargained for when Judge Charles Zambito sent him to state prison for 15 years today.

Jeremy R. "Boog" Armstrong entered a guilty plea in August to attempted murder and a drug-dealing charge of criminal possession of a controlled substance. The two charges stemmed from separate crimes.

District Attorney Lawerence Friedman said through the process of arresting Armstrong and obtaining a conviction, it never came out why Armstrong tried to kill another man Dec. 2 while on Jackson Street in the City.

"Motive is not an element of the crime," Friedman said. "It wasn’t something we would have known if we tried the case, nor did we need to know."

If he hadn't accepted the plea deal in August, a conviction at trial could have resulted in a 37-year prison term.

The sentence also includes nine years on the drug-dealing conviction.

The sentence was in line with the terms of the plea deal.

District Attorney Lawrence Friedman thought for sure he was going to have to retry the local case against convicted child molester Sean Vickers after an appeals court overturned four of his jury trial convictions from 2014.

Vickers was back in Genesee County Court today. He was originally scheduled for a hearing on who his trial attorney would be and to clarify whether Vickers would testify before a grand jury presentment on the evidence against him this coming Tuesday.

Instead, Vickers surprised Friedman by agreeing to a plea deal that would cap his potential prison term on the charges to 40 years.

In 2014, Judge Robert C. Noonan handed down a 107-year sentence after Vickers was convicted at trial on similar charges.

The plea deal Vickers accepted today is the same one he turned down before that trial.

Since then, he's been convicted of one count in Genesee County that carried a seven-year prison sentence and of sexual abuse charges in Niagara County that resulted in a 20-year sentence.

This afternoon, Vickers was arraigned on four counts of course of sexual conduct in the first degree. He entered a guilty to plea to two counts in satisfaction of all four charges.

The four charges covered acts against two different victims, and the two counts admitted to were for sexual acts against a child under age 13 in 2001 through 2002 in the City of Batavia.

If the case had been presented to a grand jury, Friedman would have asked the grand jury to return an indictment that included two counts of predatory sexual assault against a child in the first degree, a Class A2 felony, which would have carried a mandatory sentence of 15 to life or 25 to life.

The plea deal means the victims won't have to testify in a second Genesee County trial and the 48-year-old Vickers won't likely get out of prison before the start of the second half of the century.

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The City of Batavia will receive a $10 million award from the State of New York as a regional winner in the 2017 Downtown Revitalization Initiative Contest.

Gov. Andrew Cuomo made the announcement moments ago at City Centre.

Batavia is one of 10 regional winners around the state, beating out other applicants in the Finger Lakes region.

MORE T/K

       Marlek Holmes

A sexual predator already serving 15 years in prison for his crimes against children is looking at possibly serving another seven years for assaulting fellow inmates in the Genesee County Jail and damaging jail property.

It took a jury three hours of deliberation after a three-day trial to find Marlek Holmes guilty on two counts of assault in the second degree and criminal mischief.

The potential sentence for Holmes:

• Count 1: a determinate sentence of at least five years and as much as seven years on his conviction for a second-degree assault committed in the jail on June 5, 2016.
• Count 2: a determinate sentence of at least five years and as much as seven years on his conviction for a second-degree assault committed in the jail on Oct. 30, 2016.
• Count 3: an indeterminate sentence of at least one-and-a-half to three years and as much as two to four years on his conviction for third degree criminal mischief committed in the jail on Oct. 30, 2016.

State sentencing guidelines require the combined sentence for the assault charged be served consecutively to his current 15-year sentence unless the court finds it would be "in the interest of justice" to make the sentence concurrent to the 15-year sentence. The criminal mischief sentence can be either concurrent or consecutive.

Holmes will be sentenced Jan. 2 at 9:30 a.m.

He's scheduled for a third trial on two pending Class D felony charges for allegedly violating the terms of his status as a registered sexual offender. For those charges he would not be considered a second felony offender because they are crimes under Corrections Law, not Penal Law.

Therefore, if convicted in the third trial, he would face an indeterminate sentence of at least one-and-a-third to four years, and as much as two-and-a-third to seven years on each count. Under NYS law, the sentences may run consecutively or concurrently to his other sentences.

The YWCA hosted its annual Stiletto & Sneaker 5K yesterday at its facility on North Street in Batavia. The event was followed by its annual Harvest Supper.

Kevin Sheehan (photo) won the men's division of the race with a time of 18:27. Heather Burger won the women's division with a time of 24:39, but was no longer present for a photo when the trophies were handed out.

After the awards presentation, there was a color toss (bottom photo). The original schedule included a sky lantern lighting, but Director Jeanne Walton said it was canceled when the wind kicked up.

Color toss: Note, you can just catch the Wilson school bus starting to get stuck on the sidewalk in the background (see yesterday's story).

Press release:

Batavia High School seniors will participate in the 19th annual Make a Difference Day community service project Oct. 11 in various nonprofit agencies throughout the community.

Participating agencies include: All Babies Cherished, Arc of Genesee Orleans, Batavia Agri-Business Child Development, Batavia Business Improvement District, Batavia Housing Authority, Batavia Peace Garden, City of Batavia Youth Bureau, Crossroads House, Genesee County Parks, Genesee County Youth Bureau, Genesee-Orleans Regional Arts Council, Habitat for Humanity, Holland Land Office Museum, NYS Veterans Home, Premier Genesee, Center for Nursing and Rehabilitation, United Memorial Medical Center, VA WNY Healthcare System of Batavia, YMCA, YWCA Children’s Center, YWCA of Genesee County.  

Batavia City Schools is dedicated to helping their more than 170 seniors learn and develop the importance of giving back to their own community while helping to foster civic responsibility. This is an integral part of their Batavia High School academic curriculum, and is a component of their graduation requirements.

A school bus out of Rochester City School District is stuck at North Street and Columbia Avenue in the City of Batavia.

No injuries are reported. Batavia PD is not yet on scene. The bus was transporting 26 members of the Wilson High School junior varsity football team from a game when it encountered a roadblock set up at that intersection for this evening's 5K run and walk sponsored by the YWCA.

The driver attempted to turn the bus around when the tires got wedged in a gully at a grassy area. The Wilson athletes tried vainly to push the bus; it remains there for now.

UPDATE 7:21 p.m.: Batavia police are on scene. Parises Towing is en route to assist. The athletes are being treated to a hot and hearty Harvest Supper, which is also being served at the YWCA tonight, courtesy of the YWCA. The players were eager to tell every adult who approached them -- reporters, police, staff from the Y -- "we beat Batavia." First words out of their mouths, no matter the question.

Press release:

Due to Governor Andrew Cuomo’s visit tomorrow at 1 p.m., Batavia City Hall offices will be closed at noon on Friday, Oct. 6.

Water/sewer and tax payments can be made in the drop box outside City Hall front doors.

A two-car accident, unknown injuries, is reported at 336 Ellicott St., Batavia, at the corner of South Swan Street.

The cars are not blocking traffic.

City fire and Mercy EMS dispatched.

UPDATE: Photo by Frank Capuano.

Press release:

On Saturday, Oct. 7, the City of Batavia Water Department along with UMMC will be replacing valves on the main water line on Bank Street.

The water will be turned off on Bank Street from East Main Street to Washington Avenue.

Work will start at 5 p.m. Water service interruption will be kept to a minimum. This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

Bank Street will be closed to traffic from East Main Street to Washington Avenue.

Eastern Town of Batavia needs a new polling place, one more convenient and suitable for citizens in those districts, but finding the right place has proven difficult, elections commissioners Dick Siebert and Lorie Longhany told the County's Ways and Means Committee on Wednesday.

"We’ve looked everyplace," Siebert said. "We’ve looked at churches, we’ve looked at everything out there and there’s nothing available."

Any location has to be not just available on election days, but accessible and with plenty of parking.

There was a location on Clinton Street Road, but it's no longer available.

"We've got a couple of options on the table that we're looking into," Longhany said. "We hope something will come to fruition soon. We need to find a place that is good for the public and good for us."

One option is the new Richard C. Call Arena at Genesee Community College.

In the past, GCC hasn't been a good option because the buildings weren't accessible for some residents.

The new arena is accessible and has plenty of parking.

County Manager Jay Gsell said he has an inquiry out to college officials to see if that location can be used.

In a ceremony at John Kennedy School yesterday, a new memorial garden was dedicated as the culmination of an Eagle Scout project by Thomas Ognibene, Troop 6006.

"I wanted to do something to give back to the community and recognize all the people who have dedicated their time to give to the school," Thomas said.

When Thomas started his project in May, there were two trees planted behind the school to honor Mike Houseknecht and George and Maria Raines, both former gym teachers at the school.

Thomas added more plants, mulch and a stone border with an elevated area in the center of the memorial.

From planning through construction, Thomas put in more than 120 hours of time into the project. He was assisted in the construction by 19 scouts and parents.

Supporting the project were Batavia City School District, Scalia’s Landscape, Home Depot, Hansen Aggregates, Joe’s Awards and Trophies, Steve Ognibene Photography, Batavia’s Original, and Pudgie's Lawn and Garden.

Members of the Houseknecht and Raines families attended the ceremony.

"We’re so grateful and overwhelmed," said Maureen Pelletier, daughter of George and Maria, and who traveled to Batavia for the ceremony. "It’s just so much more than we ever expected."

Maureen Pelletier

Perhaps the third time is a charm.

Gov. Andrew Cuomo, after twice before scheduling announcements in Batavia and then quickly canceling the trip, has once again put Batavia on his schedule. 

Cuomo is expected to be at City Hall tomorrow at 1 p.m.

Members of the public who wish to attend are asked to RSVP.

The nature of the announcement has not been released, but Batavia is a candidate for a $10 million economic development grant and Cuomo has been traveling around the state in recent weeks announcing the grants in each of the 10 economic development regions. The winner for the Finger Lakes region has not yet been announced.

The conviction and 20-year prison term for Akeem Simmons, the then 23-year-old man who, with a partner, burglarized a home on Park Avenue, Batavia, in January 2014 will stand an appeals court has ruled.

An attorney for Simmons appealed both the conviction on a claim of an undisclosed deal with a witness and the sentence as too harsh.

The Appellate Division, Fourth Judicial Department, ruled against both motions.

Simmons and Nathaniel Davis burglarized the occupied home and Simmons was accused of carrying a gun during the commission of the crime. Davis testified against Simmons and after his testimony, Davis was sentenced to five years in prison after pleading guilty to burglary.

At trial, Attorney Thomas Burns, representing Simmons, argued that it seemed clear to him that there was an undisclosed deal between Davis and the District Attorney's Office.

At trial Davis, under oath, denied there was any deal in exchange for his testimony. District Attorney Lawrence Friedman said no deal was made in order to get Davis to testify.

A request by Burns for a separate hearing was denied by Judge Robert C. Noonan.

The appellate judges found there was no evidence to support the claim of an undisclosed deal.

The judges also ruled that because of the prior criminal record of Simmons, which included two prior burglary convictions, the 20-year prison sentence was neither harsh nor severe.

A Batavia man is facing Federal charges for allegedly viewing child pornography while using a computer in the Richmond Memorial Library in Batavia.

Robert Roy Richmond is being charged under a Federal statute that prohibits viewing child pornography that has been transmitted across state lines.

According to an affidavit filed in U.S. District Court, FBI agent Jennifer Amo opened the investigation after the bureau was notified by Batavia PD in January of an investigation into a computer being used to view child pornography at the library.

The case started when a library employee who was working in the DVD section saw a man at a computer looking at a pornographic picture of a child in fishnet stockings.

As soon as the man left, the employee shut down the computer and put an out-of-order sign on it in order to preserve any potential evidence until police arrived.

Library employees told Amo that Richmond came to the library every morning and used a computer.

Richmond was identified as the suspected computer user because he had to input his library card number to access the system. He was also identified as a suspect by the employee through a photo lineup.

Another library employee told Amo that Richmond may have been coming into the library since 2014 to view adult pornography and had been confronted four or five times by the employee about it.

Upon questioning, Richmond allegedly admitted he's been viewing child pornography since 2009.

The FBI conducted a forensic examination of the computer and the affidavit contains a description of two the images allegedly found on the hard drive. Both are sexually explicit, of girls who are about 6 or 7 years old.

No information has been released yet on the status of the pending legal case.

A one-vehicle accident is reported in the area of Oak and Prospect, Batavia.

Unknown injuries.

The vehicle struck a sign.

City fire and Mercy EMS dispatched.

UPDATE 9:23 a.m.: Law enforcement on scene says no need for City fire to respond.

Anthony J. Nobile, 28, of New York Place, Batavia, is charged with trespass. Batavia PD was dispatched to 18 Evans St., Batavia, which is the City of Batavia Fire Hall, to investigate a complaint of a male subject who would not leave. Nobile was arrested and released on an appearance ticket.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear. McNear was located by Officer Frank Klimjack and taken into custody. He was arraigned and jailed on $1,000 bail.

Tyrone N. Thigpen Sr., 40, of Jackson Street, Batavia, is charged with criminal contempt, 2nd. Thigpen allegedly violated a stay away order of protection at 7:50 a.m., Monday.

Jordan B. Abrams, 25, of Alabama, is charged with harassment, 2nd. Abrams was arrested by State Police in connection with an incident reported at 10:24 p.m. Sept. 24 in the Town of Alabama. No further details released.

Felicia A. Dumar, 27, of Byron, is charged with endangering the welfare of a child. Dumar was arrested by State Police in connection with an incident reported at 10:07 a.m. Tuesday on Swamp Road, Byron. No further details released.

Russell S. Almeter, 63, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Almeter was stopped by State Police at 12:14 a.m. Wednesday on the Thruway exit ramp in Pembroke. He was also charged with unlawful possession of marijuana.

Via our news partner, WBTA:

A trial date has been set in Erie County Supreme Court that would settle the dispute between Batavia City Hall and the City Centre Merchants Association.

WBTA has confirmed the two sides are scheduled for a bench trial on Oct. 20th before Erie County Supreme Court Justice Catherine Panepinto.

The basic dispute centers on responsibility for the mall’s continually leaking roof.

Last March the City Council approved an offer to the merchants that would have provided $650,000 dollars to repair the roof, silos and skylights over the concourse in return for the merchants dropping their lawsuit.

The merchants have never ratified the deal.

A member of the merchants association – who wished to remain anonymous – said the city has met all of the merchants’ requests but the association’s lawyers have advised against accepting the deal.

City Manager Jason Molino said the merchants are refusing to vote on the settlement terms that were negotiated last December. 

It is still possible the two sides could come to an out-of-court settlement by the Oct. 20 trial date.