batavia

A 16-year-old resident of Sparks Road, Pavilion, is charged with petit larceny. The youth is accused of shoplifting from Kmart on Tuesday.

A 17-year-old resident of Wyoming Road, Wyoming, is charged with petit larceny. The youth is accused of shoplifting from Kmart on Tuesday.

A 17-year-old resident of Black Street Road, Le Roy, is charged with unlawful possession of marijuana. K-9 "Pharoah," handled by Deputy Brian Thompson, alerted on a car parked in the East Park Street area of Pavilion. After an interview with the driver, Thompson allegedly found a small quantity of suspected marijuana and three pipes with suspected marijuana residue.

The cause of a rollover accident on Clinton Street Road yesterday evening remains under investigation.

The driver was taken to Strong Memorial Hospital by Mercy Flight with non-life threatening injuries.

No citations have been issued.

Jody B. Gillette, 50, of Pine Hollow Drive, Batavia, was driving a 1993 Chrysler sedan east on Route 33 when he lost control of his car for an unknown reason. The car left the roadway, struck a sewer pipe and overturned coming to rest on its roof.

Town of Batavia fire, State Troopers, Sheriff's deputies and Mercy EMS responded to the 6:32 p.m. accident near Terry Hills.

The accident is being investigated by Deputy Cory Mower.

(Initial Report)

A Rochester man was arrested for allegedly possessing brass knuckles Wednesday after getting involved in a one-car, non-injury accident on Park Road.

Charged with criminal possession of a weapon, 4th, was Joseph Samuel Caiazza, 32, of Elmwood Avenue, Rochester.

Caiazza said he was pulling out of the parking lot of the Best Western Hotel at 10:38 a.m. when his phone rang. When he went to answer it, he struck a utility pole.

Caiazza also received citations for alleged failure to maintain lane and alleged equipment violations.

The accident was investigated by Deputy Chris Parker.

A rollover accident, with unknown injuries, is reported in the area of 5007 Clinton St. Road in the Town of Batavia.

Town of Batavia Fire Department and Mercy EMS are responding.

The vehicle is on its roof and two people are the driver is trapped inside. Extraction equipment will be needed. Gas is leaking from the vehicle.

UPDATE 6:39 p.m.: Mercy Flight is called and will be flying in. A landing zone will be established.

UPDATE 6:50 p.m.: Mercy Flight is preparing to land in the parking lot at Terry Hills Golf Course.

UPDATE 7 p.m.: The victims have has been extricated.

UPDATE 7:25 p.m.: Mercy Flight is headed to Strong Memorial Hospital with a male patient who is alert.

UPDATE 7:30 p.m.: The scene is cleaned up and all units are back in service.

A structure fire is reported at 20 Vine St. in the City of Batavia. City firefighters are on scene and the second and fourth platoons have been called in. Mercy EMS is going to scene in case needed.

UPDATE 6:26 p.m.: A fire chief has asked that police officers shut the street to traffic. Three rooms have been engulfed with flames at this point. National Grid and National Fuel are being contacted to shut off power to the structure.

UPDATE 6:29 p.m.: A firefighter says the second floor is full of smoke but there are no visible flames.

UPDATE 6:43 p.m.: Three rear windows upstairs have been opened, providing ventilation. The structure consists of two apartments. A young woman lives upstairs and Nick Ricigliano and his wife and toddler live downstairs. They are all out and safe. Ricigliano said he was burned out of his home last year, too. His family lived in an apartment on State Street in the city, in the same building where a woman died in a fire caused by her smoking cigarettes near her oxygen tank.

UPDATE 7:03 p.m.: A chief reports that the building housed a total of seven people. He asked that the American Red Cross be contacted and come to the scene to help those displaced by the fire.

UPDATE 7:15 p.m.: Firefighters are checking for hot spots in cavities of the building.

UPDATE 7:28 p.m.: A city inspector is called to the scene and "someone who boards up buildings."

UPDATE 7:37 p.m.: The fire is out and crews are cleaning up.

UPDATE 7:55 p.m.: The fire chief asks for the water department to shut off service to the building.

PHOTOS: Top photo by Frank Capuano.

A former Batavia resident, already serving up to seven years for second-degree rape and sexual abuse, will spend five more years in prison for raping another young victim, Judge Robert C. Noonan ruled today.

Philip Kroft, 23, admitted to rape, 2nd, in November as part of a plea deal that would cap his possible sentence at five years.

Noonan gave Kroft the five years, but denied a request by defense attorney Fred Rarick that Kroft's sentence be consecutive concurrent with the time he's already serving.

Rarick said that Kroft has completed his GED while in prison and also earned a welding certificate.

"Adding an additional five years I don’t think is necessary, may be considered harsh and excessive punishment," Rarick said. "He regrets what he’s done in the past and he’s looking forward to his future."

Kroft's 14-year-old victim gave birth to a child and Kroft would like to be involved in the child's life, according to his attorney.

At the time of the rape, Kroft was 21.

The crime occurred around the time of his previous arrest in 2008, which resulted in a conviction for rape, 2nd, sexual abuse, 1st, criminal possession of a weapon, 3rd, and conspiracy, 4th.

Kroft was eligible for parole on those convictions in 2015.

When asked for a statement, Kroft said he does know he made mistakes and he is trying to turn his life around. He said he has also enrolled for some college courses.

If the second rape had come to light during proceedings on the original charge, perhaps the crime would have been wrapped into the sentence with the first. That's what Rarick suggested to Noonan, who replied that the opposite could also be true.

"It would be an equally good argument that had both charges come before me, I would have given him four or five more years based on him victimizing yet another young girl," the judge said. 

Kroft is serving his sentence in Elmira Correctional Facility.

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt. Orbaker is accused of violating an order of protection.

Frank G. Frainier, 47, of Lewiston Road, Royalton, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Frainier was arrested after the Sheriff's Office received a report at 6:47 p.m., Monday, of a car off the road on Route 77, Alabama.

Ken and Andrea Mistler have made some big changes to their former coffee and smoothie shop at the corner of Main and Jackson streets.

The former Daily Grind is now Espresso Salads and Subs.

Ken Mistler said it was time to expand what the shop offered. While a prep area has been added for food service, much of the food prep -- including baking fresh sub rolls daily -- takes place at Mistler's other food establishment downtown, South Beach Restaurant.

Andrea manages day-to-day operations for the  sub and salad shop.

Subs and salads are made to order with fresh ingredients.

For the coffee and smoothie crowd, the full selection of the Daily Grind remains on the menu.

Mistler has also added free wi-fi and there are now leather chairs and couches available for customers. In the summer, Ken said, he will add outdoor seating.

The local Girl Scouts have a new home, 5 Jackson St., Batavia.

After the location the Girl Scouts occupied in City Centre was sold, the local office and retail shop was relocated to vacant retail space just about a block away.

It took about a month to get settled in, but the retail shop is now set up and the staff is ready to help local scouts and leaders.

The scouts will host an open house at its new location from 3 to 6 p.m., Monday, Feb. 28.

The grand opening will include free drawings, prizes and discounts on scouting items as well as a food drive for the Salvation Army and Batavia Agri-Business Child Development.

The shop is open from 11:30 a.m. to 4:30 p.m., Monday through Friday, with the service center opening at 8:30 a.m.

Pictured above, from left, Stephanie Burgett, customer service, Marlene Worthington, membership manager, Kathie Waika, program manager and Robin Ettinger, membership manager.

UPDATED 2:34 p.m.

A former Batavia resident is expected to soon plead guilty in a Milwaukee county court to charges that he impersonated a lawyer and committed forgery.

According to investigators in Wisconsin, Thomas J. Lyon, 28, not only represented several "clients" in legal proceedings, but also forged checks, stole money, assumed the identity of a deceased notary public and operated a prostitution ring.

According to court documents, Lyon reportedly bragged to an associate at one time that he was like Frank Abagnale Jr., the former con artist depicted by Leonardo DiCaprio in the hit movie, "Catch Me If You Can."

Besides Batavia, a public records search shows that Lyon has also apparently lived in Warsaw, where he was born, Buffalo and Hamburg.

Wisconsin court documents state that Lyon was on probation in New York and had his probation transferred to Wisconsin. According to the documents, he was previously convicted in New York of grand larceny, stalking and false imprisonment.

Lyon was arrested for allegedly issuing a bad check in Genesee County in July 2008, according to the Sheriff's Office. According to the arrest report, Lyon lived on Saltvale Road in Middlebury at the time.

In Milwaukee, Lyon is accused of assuming the legal identity of Thomas J. Lyons, a Minnesota-based attorney -- also licensed to practice law in Wisconsin -- who told investigators he hadn't appeared in a Milwaukee court in years. 

Lyon allegedly used the bar identity number of attorney Lyons to pass himself off as the attorney.

Police searched the office space reportedly rented by Lyon at 5301 W. Hampton Ave., Milwaukee, which reportedly had a sign on it saying it was the offices of "Thomas J. Lyons & Associates, Inc.," and found documents indicating Lyon had at least nine legal clients.

On at least one occasion, Lyon allegedly kept a settlement check for $3,000 that was intended for one of his clients.

Lyon also apparently set up a Web site to advertise his alleged legal services.

The documents also include quotes from court transcripts where Lyon allegedly referred to himself as an attorney and questioned witnesses as if he were an attorney.

One of Lyon's employees is also quoted in the documents saying that besides being a secretary in his office, she worked as a prostitute for him.

Though not charged with any prostitution-related crimes, the court documents say that Lyon allegedly operated an escort service called "Lacuna Limited," and that it was really a front for prostitution.

According to the documents, Lyon booked rooms at a Comfort Suites Inn in Milwaukee and set rates at $200 to $250 per hour. Lyon also allegedly hired a guard for the prostitutes. 

He allegedly recruited prostitutes by advertising for lingerie models.

Lyon allegedly collected prostitution proceeds in cash and kept computer records of the proceeds.

In all, 11 charges were originally filed against Lyon.

He is charged with two misdemeanor counts of practicing law without a license, a felony count of theft, three felony counts of unauthorized use of personal identifying information or documents, and five felony counts of forgery.

Lyon was jailed on $20,000 bail and apparently remains in custody. His attorney last appeared in court for him Jan. 28 and a court appearance date of March 3 was set for Lyon, when he is expected to plead guilty to at least some of the charges.

The terms of the plea bargain have not been released.

The forgery charges carry a maximum sentence of a $10,000 fine for each charge and six years in jail.

UPDATED 5:52 p.m.

Members of the Local Drug Enforcement Task Force reportedly observed a Batavia man selling drugs on Wednesday, and when they moved in on the suspect, he reportedly threw some crack cocaine on the sidewalk.

Task force members then obtained a search warrant for a residence in Batavia where they allegedly found five more bags of crack cocaine.

Taken into custody was Ronnie "Ace" Allen, 23.

The search warrant was executed at 6 Vine St., upper, Batavia. Allen listed his address as 42 Mountbatten St., Henrietta.

He is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Allen was jailed on $25,000 bail.

Assisting in the investigation were the Sheriff's deputies and the District Attorney's Office.

Eight congressional hopefuls filed into South Beach restaurant on Sunday to explain to 21 GOP leaders from the 26th Congressional District why he or she should get the endorsement of the Republican Party in any upcoming special election.

Though no election has been called yet by Gov. Andrew Cuomo, it's widely anticipated that Cuomo will set a date for a special election to fill the seat vacated by Chris Lee after a shirtless picture of him showed up on Gawker.com.

Don Read, representing Genesee County, said GOP officials will meet tonight in Geneseo to go over the list and decide whom the party should back.

"A lot depends on our discussion," Read said. "We have a good cross section (of candidates). There's certainly a good group of candidates."

Besides Assemblywoman Jane Corwin, who is the odds-on favorite of pundits, three-time loser Jack Davis showed up for an interview, as did Genesee County residents David Bellavia and Peter O'Brien.

O'Brien is a frequent commenter on The Batavian.

Also showing an interest in the seat for the GOP are: Dr. Barry Weinstein, a former Town of Amherst councilman; Brian Napoli, from Orleans County; Gary Wehate, of Avon; and Kathy Wepner, a radio talk-show host in Buffalo.

In the weighted vote system the GOP uses to pick candidates for the congressional seat, Erie County candidates have an edge in the selection process. It only takes one Erie County vote and one Niagara County vote to outweigh the votes of Orleans, Wyoming, Genesee and Monroe counties.

Story based on reporting by WBTA's Dan Fischer.

Scott C. Brown, 22, of 11 Wood St., Batavia, John C. Schurr Jr., 26, of 382 Garden Drive, Batavia, and Ashley M. Younke, 31, of 212 Trumbull Parkway, Batavia, are all charged with petit larceny and theft of services. The trio allegedly left Sport of Kings restaurant at 3:30 a.m., Sunday, without paying for food they ordered. They also allegedly left with several pieces of flatware. Officer Frank Klimjack reportedly observed the suspects' vehicle shortly after they left the restaurant. The flatware was recovered.

Ronald J. Scroger, 30, 52 Columbia Ave., Batavia, is charged with petit larceny. He is accused of stealing clothing from Olympia Sports on Wednesday.

Eugene C. Rose, 36, of 230 Keystone St., Buffalo, is charged with criminal contempt, 2nd. Rose was taken into custody by Buffalo PD on a warrant issued by Batavia City Court for allegedly violating an order of protection. Buffalo PD turned Rose over to Batavia PD and Rose was jailed without bail. Rose reportedly has prior felony convictions.

Loralyn L. Bateman, 34, 5 Edwards St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation, 3rd. Bateman was stopped on Union Street at 1:50 a.m., Friday, by Officer Kevin DeFelice.

Marsha Jones, 56, of Wade Avenue, Buffalo, is charged with disorderly conduct. Jones was allegedly involved in an altercation at 7 p.m., Thursday, in the Genesee Community College cafeteria with the assistant manager an employee there. Jones is accused of swearing at the assistant manager employee and then pushing a cart, causing items to fall off the cart and break.

Anthony C. Timberlake, 22, of North Street, Batavia, is charged with disorderly conduct. Timberlake is accused of being involved in an argument with a customer at the college cafe at 7 p.m., Thursday. Timberlake allegedly was swearing at the customer in front of witnesses.

Calvin Pangrazio, an employee of Sloat Tires, changes a tire on a Rent-A-Center truck in the Valu Plaza.

At least two vehicles had their tires slashed in the parking lot overnight, and there are also reports of tires slashed in the parking lots of City Centre, Walmart and  Batavia Downs as well as one report on a residential street. In all, as many as 10 cars appear to have been vandalized overnight.

Officer Jay Andrews said the two Rent-a-Center trucks each had two tires slashed, making the value of the damage more than $250 on each truck. That makes the alleged crimes Class E felonies, criminal mischief, 3rd.

Anybody with information about these incidents should call either Deputy Kevin McCarthy at 345-3000, ext. 3237 or the Batavia PD at 345-6359.

UPDATE 12:38 p.m.: A Sheriff's deputy dispatched to the Target parking lot for the report of another tire slashing.

UPDATE 3:38 p.m.: An officer is sent to Bank Street Road to interview another person whose tires were slashed.

City police were dispatched about five minutes ago to the rear parking area of Blockbuster on Lewiston Road for a report of an employee's tire slashed.

Now a Sheriff's deputy is being sent to the same area (city limit is at Park Road) for more reports of slashed tires. It isn't clear from what we picked up off the scanner which parking lot this additional vandalism took place in.

UPDATE 1:49 a.m.: Apparently, the Sheriff's Office has jurisdiction on the customer parking lot on Lewiston. That is where all of the tires were slashed, including the one initially reported behind the building in employee parking.

UPDATE 1:59 a.m.: If I heard this right, now there's a report of a Jeep outside Sunny's (in the City Centre) with its tires slashed.

UPDATE 7:52 a.m.: The Sheriff's Office put out a news release confirming that the tires were slashed on three cars in the Batavia Downs parking lot on Park Road some time between 9 p.m. and 1:30 a.m. Anybody with information is asked to contact Deputy Kevin McCarthy at 345-3000, ext. 3237.

UPDATE 8:04 a.m.: An officer handling another similar incident inquired with dispatch about other reports overnight. There was another car vandalized in the city that was reported early this morning and a car break-in on Park Road.

UPDATE 9:25 a.m.: Batavia PD dispatched to Batavia Commons and Valu Plaza for more tires slashed.

Margarita's Mexican Restaurant on Jackson Street has closed.

Owner Carlos Hernandez was not available for comment today.

NOTE: If you bought a Margarita's gift certificate from The Batavian within the past 30 days, return it to us for a refund. No refunds will be issued without return of the physical gift certificate and the purchase must have been made in the past 30 days.

An Oak Street man with a fondness for waterfowl will get to keep his ducks and continue some of his hobbies in his yard, but with new restrictions.

As part of a plea bargain, Ron Graziaplena, of 172 Oak St., admitted to keeping debris in his back yard, a violation of city code, and agreed to a number of conditions on his continued ability to keep 10 mallard ducks as pets and grow tomatoes and build waterfowl-related projects.

The deal was worked out Friday afternoon over three and a half hours, at a time when his trial on numerous alleged code violations was scheduled. Almost all the negotiations were held in open court with Batavia City Court Judge Robert Balbick presiding.

Balbick told Graziaplena that he would be fair with him if Graziaplena made substantial progress toward complying with the plea agreement between now and his sentencing on April 15.

The main agreement regarding the ducks is that Graziaplena can keep only 10, except when there are hatchlings, which must be released in an Elba swamp owned by Graziaplena's family before Oct. 1 of each year.

A neutral, non-governmental, qualified inspector will visit the property twice a year -- on or about July 1 and on or about Oct. -- to ensure Graziaplena is maintaining only a 10-duck population and they are kept in sanitary, humane conditions.

Graziaplena will be required to build a six-foot-high stockade-type fence along his south property line from the garage to the back corner of the lot and for some distance along the back property line. 

He must also install a stockade-style gate across his driveway from the southeast corner of his house to his property line on the south.

The gate is intended to create a visual barrier for anything on his driveway, from construction materials for his projects and his tomato boxes.

Graziaplena prefers to work on his projects in the front yard. He can continue to do so during the day, but come nightfall, he will be required to put all construction materials behind the gate.

He must also keep his BBQ grill behind the gate rather than in the yard.

In recent months, Graziaplena has mounted a number of duck decoys atop 10-foot-high poles along his south property line, and more recently added waterfowl-themed wind vanes that he said he made.

He acknowledged that some of his neighbors are aggravated by the poles, but said the decoys are left over from his hunting days and just a symbol of his hobby. He said he plans to start selling the wind vanes.

"I've gotten many compliments on them, your honor," Graziaplena said. "Several of my friends want them for themselves. Perhaps you would like one?"

Balbick said he couldn't accept the offer.

The judge ordered that all of the pole structures be taken down before sentencing and that they remain down for at least the duration of Graziaplena's conditional discharge (a six-month period after his sentence in which Graziaplena must remain violation free to avoid having the original charges reinstated).

Graziaplena also keeps a boat on the north side of his house. He must either put a driveway on the north side to set the boat on or start keeping the boat on his south side driveway.

About a half dozen of Graziaplena's supporters were at the courthouse Friday, many of them planning to testify in the trial. One neighbor who is unhappy with the situation on Graziaplena's property attended the hearing.

"I want to see that property code compliant," Balbick told Graziaplena after accepting his guilty plea. "I'm not going to punish you just for the purpose of punishing you, but I do have an obligation to the people of this city to see that the yard is safe and there isn't debris strewn about throughout the yard and that the yard is sanitary."

Photos: Take at Graziaplena's residence on Friday.

The roof on the Kwik Fill at Jackson and Ellicott streets, Batavia, was peeled right off by strong winds this morning.

The incident was reported at 6:23 a.m.

City fire responded.

An electrical line was arcing so National Grid was called in to shut off power.

There is a wind advisory in place until 6 p.m 

The wind may hamper search efforts for the missing man in Darien.  It's possible that any aircraft that could be used to assist in the search will be grounded due to high winds.

Scattered snow showers are expected throughout the day.

Yesterday, in our story on the scuffle at the DSS office, we identified the suspect as Steven Joseph. His correct name is Steven Joseph Mancuso-Haitz.

We also said he was a resident of a complex called Mancuso Heights in Stafford.

It is unlikely there is a development in Stafford called Mancuso Heights, or even in the Town of Batavia, as one of our readers suggested this morning.

Mancuso-Haitz is apparently homeless and had only recently arrived in Batavia on a bus from Florida.

I'd feel a lot worse about this, but the Batavia Daily News reporter misunderstood the information in the same way I did.

I ran into one of the deputies from the scene at the courthouse this afternoon and as we discussed the confusion, it was clear how it came about. We all, I'm sure, regret the error.