batavia

A Batavia man who was originally charged with rape for his attack on a woman on South Main Street, Batavia, has chosen a plea deal over the uncertainty of a trial, entering a guilty plea this morning in Genesee County Court to one count of assault in the second degree.

The plea comes with an agreed upon sentence of five years in state prison for Jason Armstrong Sr.

District Attorney Lawrence Friedman said after the plea that deals like this often benefit both the prosecution and the defense. For the prosecution, jury trials can be unpredictable, no matter how certain you are of the case against the defendant. For the defendant, the plea means a shorter jail term than would be the likely result if found guilty at trial of all charges.

"We can never predict what the outcome of a jury trial is going to be and both sides believe they receive some benefit from this," Friedman said.

Armstrong remains free on $100,000 or $200,000 bond.

Sentencing is set for 9:45 a.m., July 6.

Armstrong was indicted in January and accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Armstrong was also indicted on counts of assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address as the alleged rape.

On or about Dec. 22, Armstrong allegedly tried to strangle another person, leading to a charge of second-degree strangulation. That incident also led to a charge of assault, 2nd.

The plea satisfies all criminal charges against him.

News partner WBTA contributed to this story.

A five-car pileup is reported at 41 W. Main St. in the city. That's in front of Napa Auto Parts. City fire, police and Mercy medics are responding.

UPDATE 2:16 p.m.: There were four vehicles involved. All occupants were sign-offs, no injuries. A police officer at the scene said traffic starting backing up and someone slammed on their brakes, causing a chain reaction of rear-end collisions.

The Hearts & Flowers Fundraiser to help support the homeless animals at the Genesee County Animal Shelter is under way now through June 8.

For $20 you can buy a beautiful 10-inch hanging flower basket with your choice of: begonia, lobelia, petunias, New Guinea impatiens, fuschia or geraniums.

Buy tickets at the Genesee County Animal Shelter, located at 3841 W. Main Street Road, Batavia, then pick up your basket of posies at Delre's Greenhouse & Garden Center, located nearby at 4062 W. Main Street Road, Batavia.

The animal shelter is open during these hours:

• Monday -- 1 to 3 p.m.
• Tuesday -- 1 to 3 p.m.
• Wednesday 1 to 3 p.m. / and 7 to 9 p.m.
• Thursday -- CLOSED
• Friday -- 1 to 3 p.m.
• Saturday -- 11 a.m. to 1 p.m.
• Sunday -- 1 to 3 p.m.

Dakota Scott Pocock, 19, of Townline Road, Bergen, is charged with five counts of sexual misconduct following an investigation in the Village of Oakfield. The defendant allegedly had sexual intercourse with the victim without consent five times between August and December. He was issued an appearance ticket for Oakfield Town Court at 5 p.m. on May 16. The investigation was conducted by Sheriff's Deputy Kevin Forsyth and Investigator Bradley Mazur.

Duty E. Caswell, 24, of Hutchins Place, Batavia, was arrested for having a vicious dog. The arrest stems from an incident on March 7 wherein his dog, according to police, attacked two people and another dog. Caswell was issued an appearance ticket and released and is scheduled to appear in Batavia City Court at 10:30 a.m. on May 13. The case was investigated by Batavia Police Officer Stephen Cronmiller.

Devon Schulman, 20, of Liberty Street, Batavia, is charged with second-degree menacing and criminal possession of a weapon, 3rd. It is alleged that at 6:52 p.m. on May 5 Schulman displayed a knife to a subject at an apartment on Liberty Street and made comments that led the victim to believe Schulman intended to use the knife against the victim. Schulman was jailed without bail and was to be in City Court on May 6. The case was investigated by Batavia Police Officer Mitchell Cowen, assisted by Chad Richards.

Shawn C. Smith, 35, of East Main Street, Batavia, is charged with driving while intoxicated, aggravated unlicensed operation, first, and speeding. Smith was arrested at 6:24 p.m. on April 30 following a traffic stop on East Main Street, Batavia, and following arraignment was jailed without bail. He was to be in court May 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Shane Michael Green, 28, of Trapping Brook Road, Wellsville, is charged with driving while ability impaired by drugs and moving from lane unsafely. At 7:36 a.m. on May 6, Green was arrested on Batavia-Stafford Townline Road, Stafford, for allegedly driving while the ability to do so was impaired by drugs. The arrest was the result of a complaint for erratic operation of a motor vehicle. Green is to be in Town of Stafford Court on June 6. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Christopher Parker.

Ryan James Sundown, 35, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. He allegedly violated a complete stay away order of protection at 6 p.m. on April 25 on Council House Road. He was arraigned on the charged on May 5 in Alabama Town Court. The case was handled by Sheriff's Deputyt Kevin McCarthy, assisted by Deputy Kyle Krzemien.

A 17-year-old female who lives in Batavia was arrested at 4:06 p.m. on May 2 and charged with fourth-degree criminal mischief. She allegedly broke a window during an argument. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Arick Perkins.

Jany Girwath Jock, 20, of Batavia Stafford Townline Road, Batavia, is charged with identity theft, 3rd. The defendant was arrested following the investigation into the unlawful use of a credit card at 10:30 p.m. on May 3. Jock was issued an appearance ticket returnable to Batavia City Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

Mary Finnegan, 68, of Lake Street, Le Roy, was arrested on May 7 and charged with one count of criminal trespass in the second degree, a Class A misdemeanor. Le Roy Village Police Department responded to a local apartment house after receiving a complaint of a subject on the property trespassing. Upon arrival Finnegan was allegedly located on the property after she had previously been advised she was no longer allowed on the property. Finnegan was taken into custody and charged accordingly. Finnegan is to appear in the Le Roy Town Court on May 19 to answer to the charge.

It's been six years since we visited the garden of Dennis Wood on West Main Street, Batavia, but the forget-me-nots seem especially impressive this year.

This video is from Christopher Weicher at Batavia High School. He said each year the same mallard duck returns to the school to lay her eggs in the courtyard, where's sheltered from predators. The problem arises after the ducklings hatch and have no way on their own to get out of the courtyard for food and water, so staff gently nudges the family toward the doors and the great outdoors.

Saturday, Amy Scott sent in these pictures of city firefighters saving ducklings from a storm drain.

The Michael Napoleone Foundation hosted its annual Derby Day Fundraiser at Terry Hills yesterday.

To purchase prints, click here.

The Johnsons, residents of Naramore Drive, Batavia, have reported to police the theft of their riding mower that looks like this one, a John Deere D100.

The mower was taken off its trailer and removed from a storage shed.

Those who have information to share should contact Batavia PD.

A 21-year-old Batavia man was ordered held on $50,000 bail today during his arraignment on charges stemming from an alleged robbery in January, just eight days before he was scheduled to be sentenced on an assault conviction.

The timing of the crime and the fact he was not yet identified as the suspect means that if he's convicted on the 12-count Grand Jury indictment, he can't be sentenced as a second felony offender, nor does the robbery constitute a violation of probation since he wasn't on probation yet.

Terrence D. Johnson is facing a possible violation charge, but not because of the alleged robbery.

Johnson was indicted on one count of robbery and 11 counts of grand larceny, 4th.  

Each of the eleven grand larceny counts stems from each of the credit or debit cards carried by the victim.

The robbery occurred in the area of 2 School St., Downtown Batavia.

Beyond the usual not-guilty plea, Johnson's attorney, Public Defender Jerry Ader, said there is some question as to whether Johnson was even in the area of School Street at the time the robbery was reported.

After court, District Attorney Lawrence Friedman, in answer to a question, said there is physical evidence linking Johnson to the crime.

Before the hearing, members of Johnson's family reached out to local media and said they would like to talk about Johnson, saying, "this is not who he really is," but after the hearing, Ader said he advised them not to grant interviews.

In November, Johnson entered a guilty plea to a gang assault charge for being part of a three-person assault on a person on Holland Avenue over the summer and was sentenced in January to six months in jail and five years probation.

The timing of the conviction, the second alleged crime without him being identified as a suspect, followed by his sentencing, means the original sentence stands and he can't be sentenced as a second felony offender. If he were considered a second felony offender, then the minimum range of a possible prison term would be longer. Either way, the maximum possible sentence is 25 years.

A violation of probation charge has not been brought against Johnson yet, but he allegedly left the county and violated curfew while on probation.

A dog is reportedly locked inside a white Kia in the parking lot in front of Aldi's on East Main Street, Batavia. The windows are shut. Law enforcement is responding.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for an application for assistance from Alpina Foods, Inc., at its May 5 board meeting.

Alpina Foods, Inc., will add 3,200 square feet to its existing facility in the Town of Batavia to accommodate space for a bottle-filling machine and packaging equipment for a new drinkable yogurt product.

The facility’s expansion will result in the creation of four new jobs and the retention of 23 current full-time employees. Based on the success of the product line and other growth opportunities there is the potential for the creation of additional new jobs at Alpina.

The company was approved for a sales tax exemption of $15,405 and a property tax exemption of $62,903. The project’s planned capital investment will total an estimated $1.1 million.

“It is exciting to see Alpina adding a new yogurt product to the marketplace that is being made right here in Genesee County,” said Christopher Suozzi, vice president of Business Development at the GCEDC.

“The Genesee Valley Agri-Business Park is an important community asset and continued investment and expansion there will only help us market the site to other food processing and food manufacturing companies.”

A 28-year-old Oakfield resident, Jeffrey Johnson, is charged with criminal possession of stolen property, 3rd, in connection with the alleged theft earlier this week of a van from a residence on Ellicott Street, Batavia.

The incredible part of the story is that the owner's dog, Duke, was in the Toyota Sienna, and after the vehicle was recovered in Rochester, Duke was returned to Betty and John O'Brien.

"Our fear was something happened to the dog, because Duke is a very gentle dog," Betty Carlet Cleare, a reporter with our news partner 13WHAM. "He could have sold him, he could have beaten him, and he could have done any number of things to him. The gods were with us this week."

Duke is apparently so gentle that he did not make a sound when the van was taken.

"He didn't say a peep," Betty said, "which we're thankful of, because that's why I think he survived."

City firefighters were at a house on Ganson Avenue this afternoon for training. The house is scheduled for demolition in a couple of weeks, but before it comes down, City crews will use it for numerous training drills.

Today's scenario was dealing with a first-floor fire at a time (such as the middle of the night) when there might be people upstairs sleeping. While one crew attacks the fire, another enters through a second-story window and searches for anybody who might be trapped, injured or just sleeping and unaware of the fire.

The expansion of Paul Parise's Eastown Beverage, which includes more space for his redemption center, coincides with that redemption center becoming the last privately owned, independent one in town.

Rob's on Ellicott Street, where Parise got his start more than a dozen years ago, closed last month. The nonprofit ARC operates a redemption center on East Main Street Road in the Town of Batavia, and Tops Market chain also has one.

This spring, Parise has expanded his redemption center into space, formerly a detail shop, next to his beer store. 

The new redemption center is bigger and Parise promises it will always be the cleanest around with the fastest service.

At the same time, Parise has been able to add more coolers -- now 24 doors -- to the beer shop and he's increased the number of craft beers he carries, and unlike a lot of shops, everything he sells is refrigerated.

The shops are located at 563 E. Main St., Batavia.

Eastown Beverage is open seven days a week: 9 a.m. to 8 p.m. Monday through Wednesday; Thursday through Saturday to 9 p.m.; and from 11a.m. to 4 p.m. on Sunday.

The redemption center is open 9 to 4:30, except Saturdays when it closes at 4, and its closed on Sundays.

Nicholas L. McKague, 24, of West Main Street Road, was arrested April 18. He is also charged by Orleans Sheriff's Investigator K. Strickland with endangering the welfare of a child.

The charges, announced May 4, followed a two-month investigation conducted by the Orleans County Sheriff’s Office related to an incident that allegedly occurred in the Town of Clarendon in 2011.

McKague was arraigned by Town of Clarendon Justice DiFante. McKague was put in the custody of the Sheriff and transported to the Orleans County Jail in lieu of $2,500 cash or $5,000 bond. McKague is scheduled to appear in the Town of Clarendon Court at 6:30 p.m. on May 9.

Additional charges are forthcoming as the Investigation continues. The Orleans County Sheriff’s Office was assisted by Justice for Children Advocacy Center, Orleans County Child Protective Services and the Batavia Police Department.

Brian E. Bisig, 57, of 25 Clay St., Le Roy, is charged with DWI following a report of a vehicle which had been involved in an accident and had left the scene on Summit Street Road. Bisig was allegedly involved in a motor-vehicle accident at about 6:15 p.m. on Wednesday, May 4, which was observed by a concerned citizen. The citizen was able to provide a description of the vehicle to police and followed the involved vehicle to a residence located on Clay Street in Le Roy. After a brief investigation, Bisig was found to be allegedly intoxicated and was charged. In addition to the DWI charge, Bisig was also charged with DWI with a BAC of .08 percent or more. Bisig was also issued a summons by a member of the State Police regarding the accident occurring in the Town of Le Roy. Bisig will answer the charges at a later date in the Town of Le Roy Court.

Christopher M. Smith, 21, was arrested May 1 for petit larceny after he allegedly stole 15 packs of Pokemon cards valued at $63 and exited a local store, passing all points of sale; Smith attempted to hide the merchandise underneath a vehicle in the parking lot. He was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 9.

Press release:

The deadline for Genesee County graduating seniors wishing to apply for the William F. Brown Jr. Memorial Scholarship, sponsored by The Jerome Foundation, is May 20.

The $1,000 scholarship will be awarded to a deserving high school senior residing in and graduating from a school in Genesee County whose intention is to pursue at least a four-year degree in the fields of Journalism, Communications or Public Relations (in print, radio, television or digital media).

William F. Brown Jr. was a noted Batavia author, broadcaster and journalist, and a charter member of The Jerome Foundation, a not-for-profit organization that distributes funds to benefit United Memorial Medical Center and other health-related purposes. He passed away on Nov. 29, 2014.

Brown also was president of the board of directors of the former St. Jerome Hospital and a trustee emeritus of The Jerome Foundation.

A committee of directors from the foundation will judge the scholarship applicants based upon academic merit, creative accomplishment, community service and leadership.

Applications are available at guidance offices at the nine Genesee County high schools or by contacting Martha Spinnegan, administrative assistant for The Jerome Foundation, at gspinneg@rochester.rr.com.

The completed application must be mailed to The Jerome Foundation, P.O. Box 249, Batavia, NY, 14020, and postmarked by May 20 to be considered.