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Tips on safe driving when deer are out and about

By Mark Lewis

When people get ready to walk across a public road, they usually look both ways first to see if any motor vehicles are coming. Unfortunately, this isn't the case with animals, including certain large ones.

Too often, the result is a motorist's nightmare: a collision with a deer, moose or elk. The animal usually comes out second-best in this type of close encounter, but the toll on vehicles and their occupants can also be substantial.

According to the Insurance Institute for Highway Safety, more than 150 people die in animal-vehicle collisions each year. The Insurance Information Institute estimates some 1.5 million such collisions cause about over $1 billion in damage annually.

While animal-vehicle collisions can happen any time of year, fall is the peak season for deer-car crashes. That's mainly because autumn is both mating season and hunting season, so deer are more active and more likely to roam beyond their normal territory.

No foolproof way has been found to keep deer, moose and elk off highways and away from vehicles. Deer whistles have their advocates, but the Insurance Institute for Highway Safety says there's no scientific evidence to support claims they work as intended. Some studies suggest roadside reflectors - designed to reflect light from vehicle headlamps and cause deer to "freeze" rather than cross the road - reducing crash frequency to some extent.

There are ways you can lessen an unplanned meeting with a deer, moose or elk. Here's how:

  • Be aware of your surroundings. Pay attention to "deer crossing" signs. Look well down the road and far off to each side. At night, use your high beams if possible to illuminate the road's edges. Be especially watchful in areas near woods and water. If you see one deer, there may be several others nearby.
  • Be particularly alert at dusk and dawn, when these animals venture out to feed.
  • If you see a deer, moose or elk on or near the roadway and think you have time to avoid hitting it, reduce your speed, tap your brakes to warn other drivers and sound your horn. Deer tend to fixate on headlights, so flashing them may cause the animal to move. If there's no vehicle close behind you, brake hard.
  • If a collision seems inevitable, don't swerve to avoid the animal; your risk of injury may be greater if you do. Hit it, but control the vehicle. Report the crash to the police.
  • Always obey the speed limit and wear safety belts.
  • Being alert at all times while driving is your best defense against any type of accident.

Third Elba robbery suspect enters guilty plea, faces possible 15 years in prison

By Howard B. Owens

The last suspect captured is the final defendant to plead guilty.

Matthew J. Wells, 24, of Buffalo faces five to 15 years in state prison after admitting this morning to his role in the June 18 stick up of the M&T Bank branch in Elba.

The guilty plea came on a morning when Wells was schedule to appear on a pre-trial hearing to determine if his statement following the robbery could be used against him in a trial.

Attorney Thomas Burns said after the guilty plea that his client took into account the substantial risk of going to trial, in which a conviction could mean 25 years in prison.

District Attorney Lawrence Friedman said the plea bargain accepted by Wells today was made back in June.

Wells didn't give up easily the morning and afternoon of the robbery, either. He led more than 100 law enforcement personnel on a five-hour manhunt through the woods and fields of Batavia and Oakfield before finally surrendering. His co-defendants, Dennis M. Abrams, Jr., 26, and Demone D. Dillon, 25, were captured within an hour of the robbery.

Both previously pled guilty to charges stemming from the hold up. Abrams, the apparent mastermind of the scheme, was looking at up to 25 years in prison, and Dillon, who apparently served as a somewhat reluctant look out, facing three-and-a-half to 10 years.

Wells was the only one of the three to make any real attempt to challenge the state's case, with his attorney filing motions to suppress his statements and for a change of venue. The latter motion was eventually denied.

The case has left many in the criminal justice community shaking their heads. None of the three suspects had any prior adult criminal record, and only Dillon had a youthful offender conviction. All three had jobs and wives or girlfriends. All three men are fathers.

Abrams reportedly sent a text message to his wife before he was captured that read simply, "I messed up."

Friedman's job, of course, isn't to get wrapped up in sympathy for three men who made a bad decision. He's spoken to the victims.

"I spent hours talking with the victims of this crime," Friedman said. "I feel the impact that it has had on these women. With almost 28 years in this office, I've been surprised by the depth of emotion expressed by these women over what they went through in the bank. It was very traumatic. I had one of these women tell me she thought she was about to die. I have no idea what that must feel like."

As for the defendant's lack of prior criminal history, Friedman said, "that's what the pre-sentencing investigation is about."

"My job is to either secure a conviction or get an appropriate plea," Friedman said. "I  think in this case, I've given the court sufficient latitude in light of these crimes and in light of the defendants."

Couple with holiday displays on Watson Street concerned about thefts

By Howard B. Owens

Six Halloween decorations have been stolen from the yard of Thelma Hall, on Watson Street, and she's disheartened that somebody would take from something she and her husband do for kids' enjoyment.

Hall called us this morning hoping that we would publicize the thefts and the person or persons who took the items would return them, "no questions asked."

The Batavian ran a picture of the Hall's yard on Oct. 1.

Six items, including two headstones, were stolen, Hall said.

"Please return what was taken," Hall said. "We wouldn't want to stop (decorating the yard). It's a lot of fun, but we can't keep doing it if our stuff is going to get stolen."

The Halls moved to Batavia from Indiana five years ago and have had Halloween and Christmas displays each year since.

"There's nothing in this town for the kids to do, that's why we do it," said Hall.

"I'm just heartbroken," Hall added. "We just try to be nice."

She said she and her husband are now afraid to put up their annual Christmas display, fearing more thefts.

Police Beat: Batavia man accused of punching pregnant woman in stomach

By Howard B. Owens

Anthonly J. Spearance, 24, of 107 Washington Ave., Batavia, is charged with disorderly conduct and reckless endangerment. Spearance allegedly punched his pregnant girlfriend in the stomach. He was jailed on $1,500 bail.

James T. Moore, 50, of 115 Summit St., Batavia, and Patricia L. Brinkman, 48, of the same address, are both charged with assault in the third degree. Both were allegedly involved in a physical altercation during a domestic dispute. Both were jailed on $500 bail each.

Christopher C. Say, 18, of 514 E. Main St., Batavia, is charged with menacing. Say allegedly brandished a large knife and threatened another person with it during a fight. He was jailed on $1,000 bail.

Jeremy A. Weatherbee, 40, of 65 Roosevelt Ave., Batavia, is charged with criminal contempt. Weatherbee allegedly sent text messages to a person he was barred by court order from contacting.

Amanda L. Spring, 26, of 34 Walnut St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and unsafe turn without signal. Spring was stopped on Walnut Street at 3:03 a.m. on Sunday.

Kara M. Marquez-Davidson, 24, of Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Marquez-Davidson was stopped by State Police on Route 77 in Darien at 9:42 p.m. on Friday.

Mark S. Wells, 44, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Wells was stopped by State Police on Route 5 in Pembroke at 2 a.m. on Thursday.

A 15-year-old from Oakfield has been arrested by State Police and charged with sexual abuse of a person under 14 and endangering the welfare of a child. The alleged incident was reported Oct. 10. The teen was taken into custody at 6:04 p.m. Friday. No further details were released.

Batavia-based Chapin Industries celebrates 125 years as family-owned business

By Howard B. Owens

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More than 400 people showed up for a party on Saturday evening at 700 Ellicott St., world headquarters of Chapin International, a growing Batavia-based manufacturer that employs 175 people and has been run by the same family since its founding in Oakfield 125 years ago.

Now that's something to celebrate.

Chapin International is a rarity in the business world. It's been family owned through four generations (and heading toward a sixth), which puts it among 2 percent of all U.S.-based businesses. Plus, it's been located in Western New York 1884, which puts it among an elite 1 percent of businesses statewide.

chapin05_insert.jpg"I’m sure that my father, grandfather and great-grandfather would be amazed at what we have here today,"  Chairwoman of the Board Andris Chapin told the crowd to open the party.

"They would be amazed that there would be a tent and music and beverages and ice sculptures and just all of the wonderful things that have been put together for us today to help us celebrate."

The party featured dignitaries such as Congressman Chris Lee, Assemblyman Steve Hawley and State Senator Mike Ranzenhofer, but more emphasis was put on the importance of Chapin employees. Lee and Hawley both noted that the company's survival is a testament to how well its employees are treated.

Hawley told a story of how he first met Andris's father, Ralph Chapin, who befriended him as a college student. Hawley described him as an intelligent, kind, caring man, and that's why so many people have stuck with the company for so long. Chapin has third-generation employees, and people who have worked for the company for 30, 35 and even 45 years.

"It’s impossible to thank the thousands of people that have gone through our doors as employees, to thank them enough, but all I can say is I speak with such joy and sincere gratitude to all those people that have worked for us over the years," Andris said during a short interview. "Thank you. Thank you. Thank you."

In 1884, Ralph E. Chapin and his brother-in-law, Frank Harris, were selling kerosene at their hardware store in Oakfield, when Chapin noticed that the containers his customers used were not well made. They leaked. So Ralph started making his own cans in the back of the store and selling them to his customers. Soon, the cans were so popular, that Chapin sold the hardware store and opened up a factory in Batavia.

By the turn of the century, Chapin Industries was manufacturing air and hand sprayers for spraying a variety of liquids, from pesticides to cleaning solutions.

Chapin is still known best for its cans and sprayers, but CEO Jim Campell said in recent years the company has been growing by acquiring other firms, such as a company that makes bird feeders and bird-feeding supplies. That company, Campbell said, has doubled in size since Chapin bought it.

chapin07_insert.jpg"It’s a great honor to be the person who is tending the business at this point, at 125 years," Campbell said. "I intend to leave it in better shape than when I got here."

He seems to have Chapin heading in a positive direction. Campbell, who became CEO in 2004, said the company has grown at a record pace each of the past five years.

And in an interview, when asked about what makes Batavia a good place for Chapin, he again talked about Chapin's workforce.

"Batavia is a great place to be," Campbell said. "Genesee County is still agriculturally based, and when you get people from agriculturally based communities, they come in with a really great work ethic. I’ve run businesses in very large cities and have actually been involved in manufacturing in China and Germany and the work force in Batavia is really second to none. People are extremely diligent. They show up for work, which is a big thing that you sometimes find is a problem, and they are very conscientious."

Andris Chapin said she's well aware of the pressure companies face when they stay in Western New York, but she said Chapin is committed to Batavia.

"My father and my aunts were all born here, in Batavia, and we have supported this community by providing employment for all this time and I just feel strongly that as long as it’s truly feasible we need to continue to support Batavia, Genesee County," Chapin said. "It works two ways. We have third-generation employees in the company. If we don’t take care of them, they can’t take care of us. We’re helping each other. Part of the viability of the company is just to hunker down, yes, and believe in Batavia, believe in Genesee County, believe in Western New York. If everybody went away, there would be nothing. So, so far we can do it, and that’s part of our resilience. But, yeah, it’s hard. New York State, Western New York, it’s tough."

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Historic Batavia Cemetery Ghost Walk

By Susan Kennelly

Historic Batavia Cemetery Ghost Walk, Candlelight Tour

I volunteered at the ghost walk tonight and it was a great time.  There is going to be another one next Saturday Oct, 24th at 7:00 pm. It's located on Harvester Ave.  Tickets are $10. in advance or $15. at the gate.  It's really worth checking out.  Great fun for the whole family.

Man accused of injuring deputy during alleged escape from arrest

By Howard B. Owens

A Batavia man, who has allegedly had at least one previous confrontation with cops, is in jail tonight after reportedly pushing a Sheriff's deputy down a flight of stairs and escaping an attempt by the deputy to arrest him on a bench warrant.

Ryan L. Krupp, 24, of 13 Pringle Ave., is charged with assault in the second degree and escape in the second degree.

Krupp allegedly charged Deputy Patrick Reeves and shoved Reeves as the deputy attempted to arrest him at his residence yesterday at 10:19 p.m.. Reeves was treated and released at UMMC for an ankle injury.

Today, Krupp was spotted entering the Bank of Castile branch on East Main Street. He was apprehended inside the bank at 11:43 a.m..

Details on what led to the bench warrant issued by Judge Robert Noonan were not released, but Krupp was arrested in May 2008 for allegedly stealing prescription drugs from his girlfriend. At the time of his arrest, Krupp allegedly got "belligerent with police."

In April of this year, Krupp was arrested again, this time accused of trying to cash a forged check at a local bank.

Krupp was jailed today without bail.

fall colors

By daniel cherry

   Its fall again!!My favorite time of year.The light is great.Happy fall everyone>..Dan

Albany police finger local scam suspect in two separate cases

By Howard B. Owens

A Buffalo resident already under indictment for allegedly scamming a Batavia woman out of $2,000 is now facing similar charges in Albany.

Yusef Hassem, 69, is a suspect in two cases in in Albany in October 2007 and June 2008.

Det. Chuck Dudek said this afternoon that the Genesee County Jail received faxed arrest warrants from the Albany Police Department accusing Hassem of petit larceny on the first incident and robbery, 1st degree on the second.

In the June 2008 incident, according to Dudek, Hassem, a.k.a Louis A. Reed, threatened a woman with a gun after she refused to turn over her money.

In the Genesee County case, Hassem is accused of tricking a woman into handing over $2,000, saying he needed help with a financial transaction at Tonawanda Federal Credit Union.

Albany Police used the surveillance photo from that alleged incident to connect Hassem to the alleged crimes in Albany.

False alarm on North Street

By Howard B. Owens

A fire alarm went off at an address on North Street (sorry didn't catch exact number).

The alarm company has already informed dispatch that it's a false alarm.

Engine 12 responded.

Emily Conable takes on key job at HLOM

By Howard B. Owens

Emily Conable, daughter of the late Barber Conable, the legendary former congressman from Batavia, has been named assistant to the director of the Holland Land Office Muesum.

Initially, Conable will be overseeing the "History's Heroes" programs, which is aimed at school children, and drama productions -- "bringing history to life," said Director Marilyn Drilling.

"She's very good at that," Drilling said. "She's done a lot of re-enactments, has great friends in New York City and just all across the globe, so we're thrilled."

Drilling said Conable has worked 21 years at Genesee Country Museum. She's also been active in producing historical programs at Alexander Central Schools.

"She's just delightful," Drilling said. "She really has a passion for history."

Suspect charged with one car break-in; additional charges expected

By Howard B. Owens

A 22-year-old man with no permanent address has been accused of breaking into an unlocked car and stealing a credit card.

Sheriff Office investigators also believe the suspect is linked to several other car break-ins.

Danny J. Torok, Jr. is in jail on $5,000 bail, charged with grand larceny in the fourth degree.

Additional charges are anticipated.

There have been a rash of break-ins to unlocked cars in both the city and town of Batavia this past summer. One of the most interesting string of hits were the night of Sept. 21, in which a subject left blood evidence in at least one car. The Sheriff's Office release on Torok's arrest did not indicate if Torok is a suspect in that night's break ins.

Torok was arrested at 3:15 p.m. on Thursday.

The investigation is being conducted by Investigator Kristopher Kauts and Deputy Loni Nati.

UPDATE: In response to our question about blood found at the scene of previous car break-ins, Chief Deputy Jerome Brewster responds: "Our investigation to this point leads us to believe that Mr. Torok's DNA will be a successful match with DNA evidence recovered from several vehicles."

Accident victim sorry to see young driver continue down troubled path

By Howard B. Owens

Cathie Plaisted still feels the hardware and pain in both her legs from an automobile accident more than six years ago that had her wheelchair-bound and bedridden for months.

Cathie was 47 at the time and in the passenger seat of a vehicle driven by her husband, William. Another vehicle veered into their lane on Route 5 near Cedar Street and struck their van. That was on April 22, 2002.

The Daily News reported the following day that Cathie, William and children in the vehicle suffered only minor injuries. Although Cathie was originally transported to UMMC, she was immediately airlifted from there to Strong Memorial Hospital.

"This was a life changing ordeal," Plaisted said today in an email to The Batavian (she's given us permission to write about the email). Plaisted was responding to a report this morning about Ryan Shumway being sent to state prison on a conviction of menacing a police officer.

Shumway was 22 and reportedly the driver of the vehicle that struck the Plaisted's van (at this time, we have no information on any conviction related to that incident). He was charged, according to the Daily News, with aggravated unlicensed operation, unlicensed operation, no seat belt, moving from a lane unsafely and failure to keep right.

The Stafford resident reportedly told deputies at the time that he didn't know what happened. Shumway reportedly said he didn't know why he drove into the oncoming lane of traffic.

This morning, Shumway was given a one-and-a-half to three year prison term on this latest conviction. He has a prior felony conviction for grand larceny. Plaisted wrote to object to the lastest felony as just a "second strike."

"How many chances does this guy get?" she asked.

Under New York State law, only certain felonies count as "strikes" (not a term usually used in the New York court system, I don't believe -- it's a term I lifted from California's penal system). In New York, like California and several other states, if a person receives three serious enough felony convictions, he will spend the rest of his life in jail. It would appear that none of the charges from the April 22 accident led to a "strike" conviction.

As for Cathie, this is how she describes her own ordeal: "(I) was treated for two broken legs, six broken ribs and a cut spleen. I spent three months totally wheelchair-bound with the hospital bed in the living room. The accident happened on 4-22-2002 and I came home from the hospital May 13th and took my first steps on July 21. By then Mr. Shumway had been out and about with a broken arm for a couple of months."

Today Shumway told Judge Robert Noonan that he wanted to turn his life around.

"Well, sir, I've been in trouble before and everything I've done, I pled guilty," Shumway said. "I'm looking forward to getting this behind me and, hopefully, this will be behind me and I can start a new, good life."

Cathie Plaisted has heard it before.

"I suppose I'm more upset with myself for actually believing someone could change because they were young and showed remorse," Cathie wrote. "I thought it would be a wake-up call to escape something like that crash with no life-altering injuries."

Tune into WBTA at 10 a.m. Friday for more candidate forums

By Howard B. Owens

The three candidate sessions we taped at WBTA this evening all went well.

They will air tomorrow morning (Friday) starting at 10 a.m.

The order should be: Julie Wallace and Tim Buckley (City Council at-large), followed by Chris Charvella and Hollis Upson (County Legislature) and Rose Mary Christian and Robert Radley (County Legislature).

It took Ethan pretty much the whole day to get last night's video edited and processed.  I would expect the video of tonight's discussions to not be available until tomorrow evening.

I'm pretty pleased with how these segments went. There were good discussions on the issues without any the rancor that sometimes spoils the chance to fully hear candidates on important issues.  While we couldn't get to maybe all of the issues, we still covered a lot of ground and the candidates actually answered the questions and discussed the issues. It would be well worth your time to tune in or watch the videos.

Meet the City of Batavia democratic candidates Oct. 28

By Billie Owens

Notre Dame High School will play host to the 2009 Meet the Candidates Night on Wednesday, Oct. 28, sponsored by the City of Batavia Democratic Committee.

It will be an informal night of discussion and an opportunity to get to know the candidates who are running for County Legislature and City Council. It will begin at 7 p.m. in the Cafeteria at Notre Dame School, located at 73 Union St. in Batavia.

“This a wonderful opportunity for the candidates to meet one-on-one with their neighbors and constituents concerning local issues," said City Democratic Chairman Patrick Burk in a press release. “It allows for dialogue and sharing.” 

The event will include coffee and refreshments and all city residents are invited to attend. 

City Council-at-Large Candidates Sara Burk-Balbi, Phil Ricci and Julie Wallace will be available along with Rose Mary Christian, Chris Charvella and Ed DeJaneiro, the County Legisilature candidates who represent the City of Batavia.

“We hope neighbors and friends and all city residents do stop in and let us know their ideas and concerns,” Burk said. “It is an open forum and everyone is invited to attend. It is our hope that our representatives on City Council and County Legislature will continue to look into and discuss issues as they are brought forward. Communication is the key.”
 

UMMC breaks ground on $20 million expansion

By Howard B. Owens

A host of local dignitaries and medical professionals gathered in the North Street parking lot today for a groundbreaking ceremony on a $20 million expansion of United Memorial Medical Center.

The project will add 44,000 square feet to the facility as a one-story addition to the front of the current structure. Operating room space will double from 300 square feet to 600 square feet. An additional 19 private recovery beds will be added to the hospital as well.
 

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