batavia

Jacob J. Camerera, 26, of Ross Street, Batavia, is charged with unlawful possession of marijuana and unlawfully growing cannabis. Camerera was arrested after police responded to a neighbor illegally burning garbage at 10:03 a.m., Sunday. While Officer Mark Lawrence and Sgt. Daniel Coffey were explaining the violation of the Batavia Municipal Code, they noticed marijuana plants growing on the roof of Camerera's residence. Camerera was issued an appearance ticket and released.

Guy J. Bontrager, 46, of Werner Road, Attica, is charged with trespass. Bontrager allegedly drove an ATV on leased property on Spring Road, Alexander, without permission at 5:48 p.m. Oct. 1 causing inconvenience to deer hunters in the area.

Woodrow C. Horseman, 41, of Porter Avenue, Batavia, is charged with harassment, 2nd, and criminal mischief, 4th. Horseman allegedly pushed another person against a wall and then threw that person's phone in the road when the person tried to call the police. The incident was reported at 3:17 p.m., Thursday.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman was allegedly involved in a domestic incident at 9:50 a.m. Thursday on South Spruce Street, Batavia.

Sy Jesman T. Brown, 32, of Rochester, is charged with criminal impersonation. Brown was arrested by State Police following a traffic stop on the I-490 in Le Roy at 9:15 a.m., Sunday. Also arrested and charged with criminal impersonation, 31-year-old Natassia V. Travis, of Rochester. Karaya D. Cummings, 28, of Rochester, was charged with criminal possession of a controlled substance and aggravated unlicensed operation. All were ordered held on bail. No further details released.

St. James Episcopal Church will host a Blessing of the Animals at 10 a.m., Saturday. All pets are welcome.

The event will be held on the church's front lawn. All pets must be leashed or in a cage. If you can't bring your pet, you are encouraged to bring a picture.

Diane Cox wrote this about the event:

A procession of animals, everything from dogs and cats to hamsters and even horses, is led to churches for a special ceremony called the Blessing of Pets. This custom is conducted in remembrance of Saint Francis of Assisi’s love for all creatures.

Francis, whose feast day is celebrated in October loved the larks flying about his hilltop town. He and his early brothers, staying in a small hovel, allowed themselves to be displaced by a donkey.

For single householders, a pet (aka furbaby) can be a true companion. Many people arrive home from work to find their furbaby overjoyed at their return. Many a senior has a lap filled with a purring fellow creature.

Our furbabies are family: we love them, we talk to them, you can purchase health insurance for them, we now have human choices in veterinarian health care, pet therapy; we grieve for when they cross the rainbow bridge, and we can choose for them to be laid to rest with us. 

The bond between person and furbaby is like no other relationship because the communication between fellow creatures is at its most basic. Eye-to-eye, a man and his dog, or a woman and her cat, are two creatures of love.

Steven Ronald Obara, 24, of Litchfield, Depew, is charged with felony DWI, aggravated unlicensed operation, speeding, no seatbelt and expired vehicle inspection. Obara was stopped at 1:26 a.m. Sunday on Genesee Street, Pembroke, by Deputy Jeremy McClellan.

Joseph P. Radley, 44, of Route 33, Bergen, is charged with DWI, driving with a BAC of .18 or greater, speeding, and obstructed license plate. Radley was stopped at 11:59 p.m. Saturday on Route 33, Bergen, by Deputy Jenna Ferrando.

Clovis A. Phillips, 53, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration, unregistered vehicle, and aggravated unlicensed operation, 2nd. Phillips was stopped at 10:59 p.m. Thursday on West Main Street, Batavia, by Officer Kevin DeFelice.

Samantha Michelle Cook, 24, of Armand Drive, Hilton, is charged with unlawful use of a vehicle, 3rd. Cook is accused of using another person's vehicle without permission.

Phillip P. Heale, 39, of Linwood Avenue, Batavia, is charged with endangering the welfare of a child. Heale was allegedly involved in a domestic dispute where a child under age 17 was present.

David R. Morgan, 48, of Bethany, is charged with unauthorized use of a vehicle. Morgan was arrested by State Police in connection with an incident reported July 5. No further information released.

Leaha R. Wimmer, 24, of Albion, is charged with grand larceny, 4th. The alleged crime was reported at 5:14 p.m. Sept. 19 in Darien. Wimmer was arrested Friday by State Police and ordered held on bail. No further information released.

A two-vehicle accident, unknown injuries, is reported in the area of 7624 Lewiston Road, near Batavia Oakfield Townline Road.

Town of Batavia fire and Mercy EMS responding.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on: Tuesday, Oct. 10th, from approximately 9 a.m. to 3 p.m. in the general area south of Main Street and east of Jackson Street; on Wednesday and Thursday, Oct. 11th and 12th, in the general area north of Main Street and East of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Batavia didn't win the steak knives.

Gov. Andrew Cuomo told a crowd gathered at City Centre for the announcement of who won the Finger Lakes region competition for the state's Downtown Revitalization Initiative contest that there would be more than one winner this year, and getting second or third place isn't so bad.

"Now everyone likes to win first place," Cuomo said. "I understand it, you know, first is first. But second place, $8 million is a lot of money. And if it wasn't for the fact that we had offered a $10 million first place, people would have been very, very happy with $8 million because it's a big win. $6 million is a big win. We have a fourth-place winner, which gets a set of steak knives. That's not so great. But second place, $8 million is great, really great."

Batavia didn't get the $8 million, either. Nor the $6 million. Batavia received the grand prize, $10 million.

And when Cuomo announced that, more than 100 community members gathered for the announcement burst into a standing ovation.

Empire State Development Director Howard Zemsky said the award was well deserved.

"You did a great job on your plan," Zemsky told the crowd. "You understand downtown revitalization. You understand all of the components that have worked down through the years from historic preservation, the workforce initiative, the innovation initiative. You know exactly where your future lies."

The next step in the process is for the state to form a steering committee that will decide how to allocate the funds. City Manager Jason Molino said based on what he's seen taking place in other regions, the committee will include local people with a diverse set of backgrounds and interests.

"You're going to see folks that touch on all elements, whether it's arts and culture, whether it's business, whether there is small business or larger business," Molino said. "I think the state will, as they have in all the other regions, get a good cross-section of good decision makers that can really process and can take some of the planning and move forward."

Julie Pacatte, economic development coordinator for Batavia Development Corp., said the goal is to make Downtown Batavia a more livable and vibrant community for residents and business owners.

"The way we believe it should be spent is arts, culture, entertainment and make it a truly livable downtown," Pacatte said. "So, housing, entertainment dining, arts, walkability, all of those things we've talked about for a number of years. They should be able to bring it all together in Downtown."

BDC President Pier Cipollone said the award will also help the agency fulfill its agenda to help small businesses.

"We need to make downtown a destination," Cipollone said. "I'm a big proponent of clustering. We need to get shops, we need to get restaurants, we need to get bars, we need...These things will cause people to come downtown and then walk around and create the foot traffic that all the businesses need."

Molino said the award is a confirmation the city has been on the right track the past few years in trying to turn around the local economic climate.

"The past decade has been an interesting roller coaster for this community," Molino said. "Perseverance comes to mind as to what they've been able to endure and to grow by ... new leaps and bounds. It's a relief to see everyone's hard work come together. We're excited about what this means -- what's the next chapter of the community? What's the next chapter for the city and in our lives?"

In his speech, Cuomo told the story of how his administration has embraced economic development in the state and attempted to turn around decades of economic neglect, from bringing Robert Duffy into the administration to appointing Zemsky as head of ESD.

"For a lot of decades we just ignored it," Cuomo said. "We denied it. Or we didn't care enough about it. And so we said we are actually going to come in and do something about it and turn it around."

But in a way, Cuomo said, Batavia was already ahead of the curve.

"Actually, the first turnaround and recognition was in many ways done in Batavia," Cuomo said. "Johnston Harvester moved out, and that was the big employer back in the '50s. Part of the manufacturing phase-out, right? Buffalo loses steel. And Rochester loses Kodak. And Batavia loses Johnston Harvester. And in the old building, you started a business incubator.

"I don't know if it was called a business incubator there, but the thought was 'We have to change economies. We're no longer manufacturing. We lost this big employer. We have to get to the economy of tomorrow. And it's going to start by bringing in small businesses and feeding them and growing them and helping them incubating them into bigger businesses -- literally in the same building.' That was ahead of its time by 50 years."

The recognition is great for Batavia, Pacatte said.

"I think what we've been doing has been working and it caught the attention of the state government and their ideas seem to be in alignment with where we're at," she said. "It just caught fire. Another ten million dollars really just propels us forward."

Empire State Development Director​ Howard Zemsky

The Batavia High School Band and cheerleaders (not pictured) were outside City Hall to welcome the governor to Batavia.

A 37-year-old Dellinger Avenue resident is accused of smashing out the car window of a vehicle parked at a business, stealing the purse containing credit cards, debit cards, and checks and then using the items to make purchases at local stores.

Brandi M. Smith is accused of using the cards and checks to obtain goods while portraying herself as the victim.

She is charged with four counts identify theft 1st, four counts of forgery, three counts of identify theft 2nd, three counts of criminal possession of stolen property 4th, and one count of grand larceny 4th.

Smith was arraigned in City Court and released under supervision of Genesee Justice.

Tyshawn K. King (AKA "Bullet," AKA "Jodeci" or "Jodecee") is indicted for the crime of second-degree attempted murder, a Class B violent felony. It is alleged that on Sept. 20 in the area of Thorpe Street, near Maple Street, in the City of Batavia, that King -- with intent to commit second-degree murder, specifically with intent to cause the death of another person -- engaged in conduct "which tended to effect the commission of such crime" by shooting the intended murder victim with a gun. In count two, the defendant is accused of the crime of first-degree assault, also a Class B violent felony. It is alleged in count two that with intent to cause serious physical injury to another person, King caused such injury by means of a deadly weapon or dangerous instrument, a gun. In count three, King is accused of the crime of criminal use of a firearm in the first degree, another Class B felony, for allegedly commiting a violent felony offense and possessing a deadly weapon, in this case a loaded gun, and/or displaying what appeared to be a pistol, revolver or other firearm.

Marie L. Gardner and Jason A. Shaffer are indicted by the Grand Jury of Genesee County. In count one, Gardner is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that between Jan. 28 and 29 Gardner entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In so doing, at some point she or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count two, Shaffer is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged in count two, that between Jan. 28 and 29, he entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In count three, Gardner is accused of the crime of second-degree burglary, a Class C violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In count four, Shaffer is accused of first-degree burglary, a Class B violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In so doing, at some point he or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count five, Shaffer is accused of the crime of second-degree strangulation, a Class D felony. It is alleged in count five, that at the same time and place, he acted with intent to impede the normal breathing or circulation of blood of another person by applying pressure on the throat or neck of the victim, thereby causing stupor, loss of consciousness and/or other physical injury or impairment. In count six, Shaffer is accused of the crime of third-degree attempted assault, a Class B misdemeanor, for intentionally attempting to cause injury to a person. In count eight, Gardner is accused of the crime of third-degree menacing, a Class B misdemeanor. It is alleged in count eight that Gardner used physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so. In count nine, Shaffer is likewise accused of third-degree menacing for allegedly using physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so.

Jacob J. Russell is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on March 31 in the Town of Byron that Russell knowingly and unlawfully possessed a controlled substance -- lysergic acid diethylamide -- more commonly known as the hallucinogen LSD, with intent to sell it. In count two, the defendant is accused of the same crime on the same day for allegedly knowingly and unlawfully possessing another controlled substance with intent to sell it, psilocybin mushrooms (sometimes called 'shrooms, or "magic mushrooms"), also a hallucinogen. In count three, he is accused of the same crime as in count two, but on a different day, April 7. In counts four and five, the defendant is indicted for the crime of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing "a firearm, electonic dart gun, electronic stun gun, gravity knife, pilum ballistic knife (which has a detachable blade that can be ejected to a distance of several yards by pressing a trigger or operating a lever or switch), metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chukka stick, sand bag, sand club, wrist-brace type sling or slingshot, shirken or "kung fu star," to wit, respectively: a gravity knife and a switchblade knife. In counts seven, eight and nine, he is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing a controlled substance, psilocybin mushrooms, on March 31, and on two occasions April 7. In count 10, he is accused of another count of criminal possession of a controlled substance in the seventh degree, but this time it's for LSD. In counts 11, 12, 13 the defendant is accused of unlawful possession of marijuana ("contrary to Penal Law Section 221.05") for allegedly knowingly and unlawfully possessing marijuana on March 31 and twice on April 7, respectively, in the Town of Byron. In count 14, Russell is indicted for the crime of growing, by unlicensed persons, the plant known as cannabis (marijuana), which is a Class A misdemeanor. It is alleged in count 14, that on April 7 in the Town of Byron that Russell grew the plant of the genus Cannabis, or knowingly allowed it to grow on his land without destroying it; he allegedly grew it in his residence.

Randy K. Wilmet is accused by the Grand Jury of the offense of third-degree assault, based on Prosecutor's Information (#2017-01), which is a Class A misdemeanor. It is alleged that on July 21 in the City of Batavia that Wilmet intended to cause physical injury to another person and did so. In count two of the indictment, again based on Prosecutor's Information, Wilmet is accused of third-degree menacing, a Class B misdemeanor. It is alleged in count two that Wilmet on the same day, by means of physical menace, intentionally placed another person in fear of death, imminent serious physical injury or physical injury, or attempted to do so. On Sept. 29, Genesee County Court Judge Charles N. Zambito approved an order authorizing the filing of the Prosecutor's Information charging the defendant with the offenses, which were subsequently filed with City of Batavia Court.

Meghan K. Gould is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged on between Oct. 5 and Oct. 19, 2016, that she stole U.S. currency in excess of $1,000.

Matthew H. Delosh is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in the indictment that on May 8 in the City of Batavia that Delosh drove a 2003 Saturn on Evans Street, Ellicott Street and South Swan Street while knowing, or having reason to know, that his driver's license was suspended or revoked by authorities and that at the time he was under the influence of alcohol or a drug. In count two, he is accused of the crime of driving while intoxicated, as a misdemeanor, on the same day and in the same places. In Special Information, the District Attorney accuses the defendant of having been convicted of driving while ability impaired by alcohol on April 19, 2012 in the Town of Salina Court, County of Onondaga, and that conviction forms the basis for the suspension or revocation referred to in count one of the indictment. Furthermore, the DA accuses Delosh of knowing, or having reason to know, that the prior conviction existed and that his driving privilege was therefore suspended or revoked because of that prior conviction.

John P. Daley is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged in the indictment that on May 21 in the Town of Alabama, Daley drove a 1998 Honda on Route 77 while in an intoxicated condition. In Special Information filed with the indictment, District Attorney Lawrence Friedman accused Daley of having been convicted of the crime of aggravated driving while intoxicated, per se, as a Class D felony. The DA accuses Daley of being so convicted on June 19, 2008 in Erie County Court, and the conviction was within 10 years of the crimes alleged in this indictment.

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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This is a keeper -- easy to check out at your convenience! Call Lynn Bezon at Reliant Real Estate today or click here for more information on this listing!

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.