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White, blond woman wearing blue sparkly shirt sought by the law for possible Walmart larceny

By Billie Owens

Law enforcement is scouring the vicinity of Walmart following a reported larceny at that store. The subject of the search is a blond, white female, about 25 years old, wearing a "blue sparkly" shirt. She was seen within the last 15 minutes trying to get into a 2007 white Saturn Vue, but when she realized she was being pursued, she fled on foot. She was last spotted behind Office Max. (The vehicle is described by the manufacturer, now Chevrolet, as a compact SUV crossover.)

UPDATE 12:16 p.m.: Officers believe they have located the suspect at her residence in Le Roy. (The vehicle, driven by a possible accomplice, is registered to a person in Le Roy, too.) The landlord told officers that the tenant entered the dwelling and was not seen leaving, but she's allegedly not answering the door. "We'll get a warrant," one officer tells another.

UPDATE 12:32 p.m.: The suspect is in custody.

Car crash in front of Denny's on West Main Street in the city

By Billie Owens

A motor-vehicle accident occurred in front of Denny's restaurant on West Main Street in the city. There's one minir injury due to air bag deployment. Law enforcement is on scene for traffic control. Mercy medics and city fire are also there. Two flat-bed tow trucks are needed.

UPDATE: Photo submitted by Doug Yeomans.

UPDATE: Photo submitted by Joe Bradt.

Sponsored Post: Kreative Design Kitchen & Bath celebrate their 20th anniversary!

By Lisa Ace

 

Join us this weekend for our open house to celebrate our 20th anniversary of being in business, and our 1st anniversary of being in our new showroom! Stop by to see our new 3,000-square-foot showroom of the latest in kitchen and bathroom products. We will have several promotions on cabinetry and countertops that will run thru the month of September!

Refreshments and several door prizes to win all weekend. Sale hours are Friday 9 a.m. - 7 p.m. and Saturday 9 a.m. - 3 p.m. Book your order by the end of September and we'll install it before the holidays!

Kreative Design Kitchen & Bath is located at 5582 E. Main Road, (corner of Fargo Road and Main Street Road) in Batavia. Visit us online at: www.kreativedesignkitchenandbath.com or by calling (585) 345-0012.

Hydrant flushing today around West Main and Jackson

By Howard B. Owens

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Monday Sept. 9 from approximately 9 a.m. to 3 p.m. in the general area south of West Main Street and west of Jackson 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.

Law and Order: Woman accused of breaking property; man accused of assault

By Howard B. Owens

Katherine J. Briggs, 34, of 172 S. Main St., #112, Batavia, is charged with criminal mischief, 3rd. Briggs allegedly damaged property of another person during an argument. The alleged incident was reported at 2:16 a.m., Saturday.

Kyle E. Kirtley, 24, of 6 Pine Tree Road, Central Square, is charged with assault, 3rd. Kirtley is accused of punching another person in the head several times causing substantial pain. The alleged incident was reported at 2:16 a.m. Saturday at 172 S. Main St., Batavia. Kirtley was jailed on $1,000 bail.

Tracey Lynn Brewer, 48, of Columbia Avenue, Batavia, is charged with petit larceny. Brewer is accused of shoplifting at Walmart.

Sara Marie Zilliox, 38, of South 7th Street, Lewiston, is charged with unlawful possession of marijuana. Zilliox was charged following a traffic stop at 1:05 a.m. Saturday on Lake Road, Bergen, by Deputy Joseph Corona.

Christine Marie Osborne, 38, of State Street, Batavia, is charged with petit larceny. Osborne is accused of stealing $62.78 in merchandise from Walmart.

Mark Anthony Rebmann, 24, of Exchange Street, Attica, is charged with petit larceny and criminal possession of a controlled substance, 7th. Rebmann is accused shoplifting $24.99 in merchandise from Kmart. During the investigation by Deputy Joseph Graff, Rebmann was allegedly found in possession of heroin.

April Marie Palmer, 27, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a grand larceny, 4th, charge.

Dale A. Hollwedel, 26, of 9983 Francis Road, Batavia, is charged with DWI, refusal to take breath test and drinking alcohol in a motor vehicle. Hollwedel was stopped at 1:42 a.m. Thursday following a complaint in the MacDonald's drive thru by Officer Jason Davis.

Kimberly M Volk, 24, of 111 Liberty St., Apt. A, Batavia, is charged with petit larceny. Volk is accused of shoplifting at Tops.

Willie F. Irvin II, 31, of 22 Trumbull Parkway, Batavia, is charged with harassment, 2nd. Irvin is accused of verbally threatening another person while on State Street. He was jailed on $750 bail.

Jason E. Carpenter, 35, of 137 State St., Batavia, is charged with disobeying a mandate. Carpenter allegedly contacted another person in violation of an order of protection.

Rosemary R. Waters, 27, of 23 Forrest Ave., Oakfield, is charged with criminal mischief, 4th.  Waters allegedly picked up a mobile phone from the floor during an altercation and threw it back down, breaking it.

Froylan Hernandez, 26, from California, is charged with trespass. Hernandez was arrested by State Police following a report at 2:14 p.m. Aug. 10 on Wilkinson Road, Batavia. Hernandez was jailed on bail. No further details released.

Maurice G. Leach, 37, of Rochester, is charged with petit larceny. Leach was arrested in the Town of Batavia by State Police. No further details released.

The following individuals were arrested by State Police at 11:30 p.m. Friday at a location in the Town of Bergen, and charged with trespass: Alana M. Diefendorf, 16, Olivia R. Sweet, 16, Jacob M. Hillabush, 19, Danielle C. Zelazny, 17, Joseph T. Burr, 20, Dakota Troy Harlach, 20, Hannah M. Feary, 19, Kyle K. Shultz, 19, Daniel J. Ognibene, 19, Payton V. Conley, 18, Richard S. Streiff, 19, and Matthew C. Ferris, 18. Diefendorf, Sweet, Hillabush, Zelazny and Burr were also charged with possession/consumption of alcohol under age 21.

Dick's hangs its sign on former Lowe's building

By Howard B. Owens

Today workers just about completed installing the Dick's Sporting Goods sign on the former Lowe's building.

Syracuse-based COR Development received $1.8 million in local tax breaks in order to retrofit the building so Dick's could come to town and compete against existing locally owned sporting goods stores.

One store, Fisher Sports, has already closed because of the preferential treatment given to COR by the Genesee County Economic Development Center.

Dick's is expected to open within a couple of months.

Batavia boy critically injured in accident in Alabama died yesterday

By Howard B. Owens

Shawn P. Wolcott, age 10, succumbed to injuries sustained in an accident on Ledge Road, Alabama, on Saturday.

The Sheriff's Office received notification of the boy's death late yesterday.

The cause of the accident remains under investigation, said Chief Deputy Gordon Dibble.

Wolcott was a resident of Batavia, living on Maple Street with his father, who was also injured in the accident.

The father, Shawn P. Wolcott Sr., was treated and released for his injuries at Erie County Medical Center.

Wolcott Sr. told investigators that his car jerked to the right, causing it to go off the roadway striking a utility pole.

The car hit the pole on its side causing the rear half of the car to shear off. The boy was sitting in the rear passenger seat.

Shawn was taken by Mercy Flight to Women & Children's Hospital in Buffalo.

Previously: Batavia boy seriously injured in accident in Alabama

Grand Jury Report: Le Roy brothers indicted on charges related to alleged electrical wire thefts

By Howard B. Owens

Dustin C. Nicometo is indicted on a count of burglary, 3rd, and Michael A. Nicometo is indicted on two counts of burglary, 3rd, and one count of grand larceny, 3rd. Together, they are indicted on another count of burglary, 3rd, and two counts of grand larceny, 3rd. The defendants are accused of entering business properties in Le Roy and stealing electrical wiring and components.

Matthew J. Cronin is indicted on a felony count of DWI and felony driving with a BAC of .18 or greater. Cronin is accused of driving drunk March 18 on Route 5 in the Town of Batavia. He is accused of having a prior DWI conviction in 2010 in West Seneca.

Water main break on West Avenue this morning

By Howard B. Owens

Press release:

The water department will be repairing a water line on West Avenue this morning. This work may affect water service for residents on West Avenue, and Woodrow Road from Main Street to West Avenue during the repair. This work may also cause a period of discolored water in the immediate area so residents are advised to avoid activities such as laundry until water clarity has returned.

UPDATE 11 a.m.: The break is repaired.

It's kosher when you eat Muller yogurt

By Howard B. Owens

Here's a little fact about Genesee County you may not know: Batavia's largest food processing plant is kosher.

Kosher, as in certified by a rabbi.

That means no animal -- except fish -- products are used in the plant's food production, as in no cow or pig parts to make gelatin.

A few days ago as I passed through the Tops check-out line with six containers of Frut Up (I really wish they would sell this in a six-pack container), the cashier said, "did you know there's tilapia in this?"

Heck, up to that point, I didn't even know what tilapia was. Some sort of fish, I recalled dimly.

When I got home, I read the label a little closer. Yup, tilapia is listed. So is "kosher gelatin."

If you know your history of Jell-O (and who doesn't in Genesee County), you know gelatin was originally made with from pork and pork skins, horses, and cattle bones or cattle hides. 

Those are all animals that in a kosher kitchen can't mix, even a single molecule.

As it turns out, you can also make gelatin from tilapia, and since observant Jews can mix fish and dairy, if you want fruity gelatin with your yogurt, and you want it to be kosher, you need tilapia to do it.

Rabbi Doctor David Sheinkopf inspected the Muller Quaker plant in Batavia and as a result, the yogurt products Frut Up and Corner can be sold as "Certified Kosher," according to Scott Gilmore, spokesman for PepsiCo.

"Taste is important and we use the best ingredients," Gilmore said. "We aim to make the best tasting yogurt on the market, but consumers told us it (kosher yogurt) was important to them and we wanted to honor that request."

Photo: Singing outside the Pok-A-Dot

By Howard B. Owens

Batavia residents Will Jakes II and Julio Morales were outside the Pok-A-Dot this afternoon belting out a few tunes. It was a beautiful day. There's a bench outside the restaurant, so it seemed to them like a good place to hang out and jam.

BTW: Jakes recently welcomed his grandson into the world, Will Jakes IV.

Recent parolee accused of trying to rape young woman in Batavia motel room

By Howard B. Owens

Just three weeks after being released from state prison, John J. Saddler, 26, has been accused of attempting to rape a young woman while in a motel room on West Main Street Road, Batavia.

According to state police, the young woman had been hanging out at the motel with friends and relatives Saturday evening when she joined a group of other women who were talking with Saddler in his room.

After awhile, the other women left, leaving the alleged victim alone with Saddler. He allegedly locked the door and tried to force himself on her.

Saddler is charged with attempted rape, 1st, criminal obstruction of breathing, forcible touching and unlawful imprisonment.

While Saddler was allegedly trying to rape the young woman, a group of people who had been with her and Saddler returned to the room and found the door locked.

That was apparently a violation of the motel's rules, according state police, so Saddler opened the door and "acted nonchalant."

The alleged victim later told another woman what happened, but didn't go to the State Police barracks on West Saile Drive until the next day.

According to state police, the woman was hesitant to come forward for fear of reprisals from Saddler's family.

Saddler is being held on bail in the Genesee County Jail.

On Aug. 11, Saddler was released from the Collins Correctional Facility after serving nearly six years on a pair of felony assault charges.

One of the assault charges stemmed from an incident in October 2006. Saddler was accused of assaulting a Batavia police officer and damaging a police vehicle by jumping on top of it after an officer found he possessed marijuana.

Local drum and bugle corps wins world championship

By Howard B. Owens

Press release and photos submitted by Douglas R Mellentine:

The "Ghost Riders Drum & Bugle Corps" based in Batavia, NY, took home the coveted "1st Place World Title" in the "Mini Corps" competition. The Drum Corps Associates World Championships were held at the Navy-Marine Corps Memorial Stadium this past Labor Day weekend in Annapolis, Md.    

The "Ghost Riders" were formed in 1996 to compete in the "DCA World Championships." This is the 18th consecutive appearance for the "Ghost Riders" -- a record that may never be broken by anyone else. They own two 1st Place titles, the first in 2000 and now again 2013.  

Many hours of preparation went into achieving this goal. They defeated the reigning Champion "Star United" from Indianapolis, an undefeated corps, who has held the title for the past six years. This year was no exception for them, "Star United" was on their game as well.

Special mention must go to the following for their contributions to this achievement. 

First, a Huge Thank You to the membership who have worked so hard to make this a reality.

Second, special thanks to The Salvation Army of Batavia, who allow us to use their facility for winter rehearsals. 

Third, Thank You to Donny Allen our music arranger and instructor, who painstakingly gets us to a level we need to be, in order to achieve such a lofty goal. 

And finally, thanks to the neighborhood near Clinton Street and Grandview Terrace, who through the summer months, hear the sounds of music coming from GRC (Ghost Riders Central) in the backyard at 63 Clinton St.

As director and founder of "Ghost Riders Drum & Bugle Corps," I could not be happier.  Not only to win this title, but to observe the friendships and camaraderie this fine group of individuals has developed throughout the years. As we always say "GO GHOST"!!!

Law and Order: Woman accused of trying to get wrong person arrested

By Howard B. Owens

Bonnie S. Olsandi, 44, of 31 Montclair Ave., Batavia, is charged with falsely reporting information about an actual offense/incident. Olsandi is accused of providing false information to police about an actual incident in an attempt to have the wrong person arrested for the alleged crime.

Haley H. Humphrey, 19, of 21 Wood St., Batavia, is charged with offering a false instrument for filing and falsely reporting an emergency. Humphrey is accused of falsely reporting a domestic incident.

Melissa A. Broadbent, 35, of 52 Walnut St., Batavia, is charged with obligation of a parent or guardian. Broadbent was arrested because of alleged curfew violations after her 15-year-old son was apprehended following an investigation of a report that two males were attempting to break into cars near the fire hall. The alleged incident was reported at 11:26 p.m., Sunday. Also charged was Priscilla M. Aiken, 40, of 2 Miller Ave., Batavia.

Joshua R. Hofer, 17, of 67 Mechanic St., Elba, is charged with unlawful possession of marijuana and unlawful possession of alcohol under age 21. Hofer was arrested following an investigation by Batavia PD into a reported disabled vehicle on Walnut Street at 4:07 a.m., Saturday.

Lena M. Evans, 26, of 46 Washington Ave., upper, is charged with petit larceny. Evans is accused of shoplifting at Tops.

Micahel L. Kennedy, 26, of 45 Prospect Ave., Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and driving a vehicle without an interlock device. Kennedy was stopped at 1:05 a.m. Saturday on West Main Street by Officer Felicia Degroot.

Ted E. Kingsley, 40, of 119 State St., upper, Batavia, is charged with petit larceny. Kingsley is accused of stealing an 18-pack of beer from Tops.

Douglas A. Porter, 43, of Basom, is charged with DWI, driving with a BAC of .08 or greater and consumption of alcohol in a motor vehicle. Porter was stopped by Deputy A.J. Previty of the Wyoming County Sheriff's Office at 1:15 a.m. Tuesday on Route 354, Town of Bennington. Previty responded to a report of an erratic driver coming into Wyoming County from Erie County. Porter was jailed on $500 bail.

Elan B. Pire, 24, of Elba, is charged with criminal obstruction of breathing and unlawful imprisonment, 2nd. Pire was arrested by State Police for an alleged incident reported at 8:51 p.m. Saturday in the Town of Byron. No further details released.

Porch fire reported on East Main Street, Batavia

By Howard B. Owens

A passerby reports seeing a resident at 693 E. Main St., Batavia, trying to put out a porch fire with either a garden hose or a pan of water.

City fire responding.

The location is just within city limits. A first responder reports the fire is out, but smoldering.

UPDATE 11:31 p.m.: Fire is out. Ventilating.


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Photos: A peacock and a cat made of straw

By Howard B. Owens

If you've driven down West Main Street Road, Town of Batavia, recently you might have seen this peacock off the side of the road.

It's the creation of Mike Cleveland, town justice. He's started decorating his yard for fall. The idea was inspired by a trip he and his wife made to Maine last year where they saw several yards creatively decorated using bales of straw. He said that since farmers are often willing to loan out straw, he's hoping other residents will catch onto the idea.

Once complicated case untangled, former fugitive given another two-plus years in prison

By Howard B. Owens

It took nearly three hours for Benjamin Muntz to find out that Judge Robert C. Noonan would be tacking another two to four years onto his prison term.

In the arcane labyrinth of our judicial system's sentencing guidelines, there was no clear cut answer on what to do with Muntz's case.

It's that complicated.

In January, Muntz entered guilty pleas to counts of burglary, 3rd, and grand larceny, 4th. Rather than show up for his sentencing in March, he flew south. He also became a suspect in another burglary and was charged with another felony.

Eventually, he was caught and returned to Genesee County.

He was sentenced in April by Noonan to three and a half to seven years in state prison and charged with bail jumping.

If the only charges against Muntz were those earlier felonies and the bail jumping, the sentencing guidelines are clear: Any sentence Muntz received on bail jumping would need to be served consecutively (not at the same time, or concurrently) with his other sentence.

As part of a plea deal, Muntz had received a one and a third to three year sentence cap on the bail jumping charge.

The curve for Noonan was that newer burglary, 3rd, charge.

If Noonan gave Muntz another three and a half to seven on that charge, could the bail jumping sentence be concurrent with that sentence, or would it need to be served consecutively?

Noonan didn't have the answer. The attorneys for the prosecution and the defense didn't have the answer. The prison guards who transported Muntz in his DOCs green jumpsuit to County Court today certainly didn't have the answer.

After consulting his law books and case law in chambers and conferring with attorneys -- in between hearing other cases -- Noonan concluded that if the second burglary sentence was consecutive then the bail jumping sentence would be consecutive to that.

In other words, Muntz would be looking at more than eight years and up to 17 years in prison.

Through his attorney, Thomas Burns, Noonan offered Muntz a deal: waive his sentence cap on the bail jumping conviction so Noonan could sentence him at two to four years and Noonan would make his other burglary charge, at three and a half to seven, concurrent with his prior sentence.

Once Burns got it all thoroughly explained to Muntz, with a little assistance from one of the prison guards, Muntz agreed to the arrangement.

For prior coverage on Muntz, click here.

Jason Jewett remembered with love, honor and respect

By Howard B. Owens

Honor, duty, country. For Jason M. Jewett, those words were more than platitudes, said family and friends following his funeral today in North Pembroke.

His coffin was draped in stars and stripes when it arrived at the cemetery after a procession of more than 100 cars through Batavia and East Pembroke. Two honor guards, with white cotton gloves and golden aiguillettes, removed the flag from the casket and with solemn precision folded it into a razor-sharp triangle.

A guard raised his white-gloved hand toward the deep blue sky. Honor, duty, country, he pronounced loudly enough for God to hear.

"For a young man, he was very patriotic," said his mother, Joyce Jewett, after the service. "He loved his country. He loved his fellow man. He helped people in need everywhere he saw people in need. For a young man with a short career, he accomplished a lot in a short time."

Jewett was an agent with ICE and helped train the agency's Special Response Team.

Team members traveled from as far away as Texas to honor their comrade, who died Friday in a traffic accident on East Eden Road, Eden, in Erie County.

More than 250 people attended his funeral.

The Oakfield native touched many lives, making friends instantly with everybody he met, regardless of race or background or means, said longtime friend Nathan Fix.

"He could walk into a room and, even though you never met him, you would smile," Fix said. "He would smile. He had no enemies."

Deputy Joseph Corona counted Jewett as his best friend.

It was Jewett who lured Corona into law enforcement.

"Law enforcement is a path we both enjoyed," Corona said. "He made me passionate about it and made me want to strive for more. He opened doors for me when I had turmoil in my life and uncertainty, and he always led me on the right path."

The outpouring of love for Jewett following his death came from all quarters and from around the country. It showed, said Corona, what a special man he was.

"I'm happy that he was so loved," Corona said. "Everything that he represented was represented here today."

Joyce Jewett said the funeral was not an end, but a transition.

"Right now, we don't consider him gone," Joyce said. "We consider him onto the next mission. God has a mission for him."

Jewett received a 21-gun salute, taps on a trumpet and "Amazing Grace" on bagpipes. His perfectly folded American flag was presented by a member of the SRT to Joyce and his father Joe. The gloves that folded the flag were laid to rest on the casket.

One-by-one, members of SRT placed their division patches on top of the casket. The INS guards filed through the tent where family sat and each gave each member of the family a hug. Then Jason's parents walked over to the line of SRT members and the line of Sheriff's deputies and officers and hugged each of them. Joe Jewett had a private word with each man. Men and women in the assembled gathering sniffled and cried.

 "Jason deserved this," Joyce said. "He worked hard and he loved his job."

Fix said in their long friendship, they never drifted apart even as their careers took different paths.

"No matter what Jason did, it was always the right thing," said Fix, who first met Jewett when they were security offices together at Darien Lake years and years ago. Jewett helped Fix when he needed it most and they were neighbors in Oakfield for awhile.

"It was an honor to be at the funeral today," Fix said. "He was like a true guardian angel."

Everything happens for a reason, Joyce said. God has a plan. He brought Corona and her son together and built a special bond between them. That friendship helped form new relationships between ICE and the Sheriff's Office, she said (and Fix, who is a dispatcher and volunteer firefighter agreed). Before, agents and deputies might talk on the phone, but now they know each other personally, Joyce said. That relationship will improve both agencies, she said.

Corona said will never forget his friend.

"He is buried here in a part of a town that I patrol and I'll be here every day that I can be to pay my respects," Corona said. "He'll always be remembered as my best friend."

Joyce Jewett found a few bullet hole stickers among her son's belongings, so she gave them to SRT members and Joseph Corona. Jewett like a good practical joke, she said, and putting the stickers on his casket is the kind of thing he'd appreciate, she said.

Hydrant flushing today in area of Main Street, west of Bank

By Howard B. Owens

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Wednesday Sept. 4, and Thursday Sept. 5, from approximately 9 a.m. to 3 p.m. in the general area north of West Main Street and west 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.

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