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Former 420 Emporium owner pleads guilty to federal drug charge

By Howard B. Owens

A 39-year-old Rochester man has admitted in federal court that he sold drugs commonly known as bath salts in Batavia and other communities and faces a maximum prison term of 30 years or $2 million fine or both.

Charles Fitzgerald entered a guilty plea to possession of a controlled substance with intent to distribute before U.S. District Court Judge Frank P. Geraci Jr.

As part of the plea, Fitzgerald admitted to ownership of the 420 Emporium, once located on Ellicott Street, where substances known as Amped, Pump It, Da Bomb and Mr. Happy were sold.

Shortly after the store opened in the Spring of 2012, local law enforcement officers were responding to a series of calls dealing with people engaging in bizarre behavior. 

By the summer, a number of local residents joined in pickets in front of the store and a rally against bath salts held at a local business.

Federal officials responded as part of a nationwide crackdown on bath salts July 25, 2012, with a raid of the Batavia location as well as Fitzgerald's other 420 Emporium locations.

Fitzgerald lived with Amber Snover, who had previously listed herself on Facebook as the owner of at least two of the 420 locations. Snover was also arrested and agents seized $771,109 in cash at their residence at 221 West Hills Estates, Greece.

The arrests of Fitzgerald, Snover, Joshua Denise (who was listed on state documents as the owner of the Batavia location) and Michelle Condidorio, an employee in Batavia, was the culmination of an investigation that involved undercover buys and an unnamed informant seemingly within Fitzgerald's inner circle.

The substances Fitzgerald sold were synthetic drugs, compounds devised by clandestine laboratories to mimic the highs produced by illicit drugs such as meth, cocaine and marijuana.  

Bath salts were blamed on a rash of unusual behavior across the country, including reports of naked men eating the faces of victims.

Prior to the raids, the federal government listed the known synthetics of the time as analogues to controlled substances, making sales and possession illegal.

While bath salts are known to cause issues locally, including emergency room visits and even possibly one death, bath salt incidents locally dropped off dramatically after the raid and closure of the 420 Emporium.

Three 420 Emporium employees have pled guilty to federal charges and are awaiting sentencing.

“This case demonstrates how by working together, the community and law enforcement can improve the quality of life for all,” said U.S. Attorney William Hochul. “In this case, a rash of emergency room visits due to overdoses of synthetic drugs was brought to our attention by concerned members of the community, including the media. Law enforcement immediately engaged, and within several months, was able to execute search warrants throughout Western New York and make arrests of those selling such illegal and highly dangerous substances. With this conviction, we are able to report that the entire investigation was a success.”

Fitzgerald will be sentenced at 3 p.m. on April 15 by Judge Geraci.

The Batavian provided the most comprehensive, and fastest-breaking news coverage of the bath salt issue in Western New York in 2012. For an archive of those stories, click here.

PHOTO: File photo of cash and drugs seized by federal agents in the raids on July 25, 2012, of the 420 Emporium stores and the owner's residence.

Law and Order: A pair of arrests

By Howard B. Owens

A 16-year-old resident of Sandpit Road, Alexander, is charged with criminal contempt, 2nd. The youth is accused of confronting a protected person while at Alexander Central School at 7:38 a.m., Tuesday.

Shelley A. Fox, 33, of West Main Street, Batavia, is charged with DWI, driving with a BAC .08 or greater and operating in violation of a conditional license. Fox was stopped at midnight Tuesday on East Main Street, Batavia, by Officer Darryle Streeter.

Video: Third annual bridal show at Terry Hills

By Howard B. Owens

Terry Hills hosted its third annual bridal show yesterday. This is a video produced for Terry Hills about the show, in case you missed it.

CORRECTION: It was the 4th annual bridal show.

Garage fire reported on Cone Street

By Billie Owens

A garage fire with flames showing is reported at 28 2A Cone St. in the city. The location is between Jackson Street and Garfield Avenue. City firefighters are at the scene.

UPDATE 3:40 p.m.: This is a shed fire. Heavy smoke is pouring from its roof. The third platoon is called to stand by in city headquarters.

UPDATE 3:41 p.m.: Command says the fire is under control and they are overhauling the site.

UPDATE: Fire officials say the blaze was started by hot coals, discarded from the house fire, being deposited too close to the shed.

Law and Order: Driver accused of fleeing accident on Sandpit Road, Alexander

By Howard B. Owens

Randall Steven Spring, 29, of Spring Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable and prudent and moving from lane unsafely. Spring was reportedly involved in an accident on Sandpit Road, Alexander, at 12:36 a.m. on Saturday, which was investigated by Deputy Jason Saile.

Heather Daffney Stone, 19, of Ellwood Drive, Rochester, is charged with burglary, 3rd, and petit larceny. Stone was arrested on a warrant by RPD and turned over to the Sheriff's Office. She is being held until her next court appearance. No further details released.

Daniel D. Stalica, 70, of Crittenden Road, Alden, is charged with petit larceny and conspiracy, 6th. Stalica was arrested on a warrant out of City Court after being located by State Police in Erie County when troopers made contact on an unrelated matter. He was turned over to BPD and jailed on $750 bail.

Alton G. Williams, 38, of East Avenue, Batavia, is charged with endangering the welfare of a child. Williams was allegedly involved in a physical domestic incident at about 4:15 p.m. Thursday in the presence of a 15-year-old child. Also arrested on the same charge, Tera M. Williams, 41, of East Avenue, Batavia.

Kayla D. Joiner, 22, of West Main Street, Le Roy, was arrested on a warrant for alleged failure to appear. Joiner was stopped by BPD for an alleged traffic violation, arrested, processed and released.

Crystal A. Mounts, 37, of Summit Street, Batavia, is charged with petit larceny. Mounts is accused of shoplifting at Dollar General.

Edward W. Simcoe, 58, of Buffalo, is charged with petit larceny. Simcoe was arrested by State Police at 381 Bloomingdale Road, Basom, and held on an unspecified bail. No further details released.

Video: Jim Sunser talks about expansion plans at GCC

By Howard B. Owens

With state funding announced and a county-backed bond approved, Genesee Community College is just $3 million away from funding sufficient to build a new student success center and a wellness and event center.

The $25 million expansion project is backed by more than $10 million from the state and a commitment by the county to back more than $9 million in bonds.

The Genesee Community College Foundation will host a fundraising kickoff from 4:30 to 6:30 p.m. Wednesday at the campus.

In the video, College President Jim Sunser talks about the twin building projects.

Below is a video produced by GCC.

Owner enjoying larger, more accommodating repair shop location

By Howard B. Owens

In some respects, Jim Johnson has come a long way. In another, he's moved no further than a block down the road.

Johnson opened his own auto repair shop on West Main Street Road, Batavia, in August 2000 with nothing more than a floor jack and a tool box.

This month, Johnson moved into a spacious new location with four bays.

The new location for Johnson Automotive Repair will be more appealing to customers, Johnson said. For one thing, it has a nice, real waiting room that is heated. 

That's a big step forward for Johnson's business.

"I knew as a customer, I don't want to send my wife into a shop where you really didn't have a waiting room, or they called it a waiting room, and you have to sit and freeze," Johnson said. "Now we have a nice waiting room."

In the old location, Johnson crammed three hoists into a space perhaps best suited for only two into a herringbone configuration. One couldn't even go up all of the way, so Johnson or his mechanics had to work on their knees if repairing a car from underneath it.

A customer who needed an oil change would be asked to make an appointment two or three days in advance.

Now Johnson has three hoists for repairs and a separate bay set up exclusively for oil changes and lubes, no appointment necessary.

The new shop is located at 4007 W. Main Street Road, Batavia.

Crafter gets off of festival trail and opens store in Downtown Batavia

By Howard B. Owens

In the craft business since 1998, Andre Gliwski Jr. thinks it's time to settle down.

Rather than setting up a booth at a different community festival each weekend, Gilwski has opened a craft store in Downtown Batavia, at 220 E. Main St. and is hosting an open house this Friday and Saturday.

Working out of a single location isn't just a better lifestyle for a young father (Gilwski and his wife have children ages 1 and 2), it's better for building relationships with customers.

"You have a better following when they know where you're at rather than trying to chase you down," Gilwski said.

Currently his shop, A.J.'s Crafts, stocks only items that he has made, or his mother or wife have made.

Among the kind of things Gilwski enjoys making are jewelry, clothes, blankets, bean bags, hair stretchies, catnip toys, tooth-fairy pillows and scarves.

He said he can make or have made pretty much any custom item a buyer might want.

His mother has been slowed by arthritis, but there's a table in the store filled with her handmade needlework items.

Gilwski's wife also makes jewelry and helps with some of the product finishes on Gilwski's work.

"I like crafts because they're all handmade and not made in other countries," Gilwski said. "It's something I enjoy doing and I enjoy the look on a customer's face when they buy something I've made. It's something different than what you'll see at Walmart or Kmart or some other Big Box store."

Tiara Filbert crafts first millennial career for Lady Devils

By Howard B. Owens

With a free throw in the second quarter against Greece-Arcadia, junior guard Tiara Filbert became -- school officials believe -- the first person wearing Lady Devils' blue to score 1,000 career points.

After Filbert hit her shot, play was stopped briefly as fans held up placards stamped "1000" and Filbert's teammates rushed to congratulate her. Her mother then came down from the stands (top photo) and Filbert ran over to her and they embraced.  

Head Coach Marty Hein then presented Filbert with a commemorative plaque. 

Filbert is a special player, Hein said.

"For me, as a coach, to be a part of something like this, with somebody who works so hard at her game, at her craft, is just outstanding," Hein said.

As near as school officials can figure out from available records, Filbert is the first girls player to reach the millennial mark.

Filbert, Hein said, has the heart of a champion.

"The only person who can beat Tiara Filbert is Tiara Filbert," Hein said.

Filbert finished the night with 13 points and 16 rebounds. Batavia won 48-27.

Filbert came into the game needing five points to reach 1,000. Here she scores points three and four.

To purchase prints, click here.

Baby Chandler's 'grandma' arrested in 6-month-old's death

By Billie Owens

Batavia PD announced that Jacquelyn Deats, 63, was arrested today in connection with the death of infant Chandler Zuchs. The 6-month-old boy was found unresponsive when Mercy medics and Batavia city firefighters responded to a call for help at her address, 10 Olyn Ave., on Dec. 14. She is charged with endangering the welfare of a child.

Her son, Jeffery Deats, was arrested for manslaughter in the baby's death. Subsequently, it was revealed that he was not Chandler's biological father.

Jeffery Deats attempted suicide while in custody and later died at Erie County Medical Center.

Both Jacquelyn and Jeffery Deats were present in the Olyn Avenue home at the time Chandler was found unresponsive.

According to police, investigators learned with Jacquelyn did not contact emergency personnel for "a protracted amount of time after realizing there was something medically wrong with the infant."

The District Attorney's Office assisted with the case.

She is scheduled to appear in Batavia City Court at 1 p.m. on Tuesday, Jan. 27.

Smoke coming from walls of mobile home on Alexander Road

By Billie Owens

Smoke is reportedly coming from the walls of a mobile home at 9132 Alexander Road. Town of Batavia fire is responding.

UPDATE 6:48 p.m.: A responder on scene confirms "structure fire in the walls." The location is between Pike and Rose roads.

UPDATE 6:57 p.m.: A code enforcement officer is called to the scene.

UPDATE 7 p.m.: Oakfield is called to fill in at Town of Batavia's fire station.

UPDATE 7:05 p.m.: Traffic is backed up. They are going to alternate the traffic flow. The homeowner is safe and inside a vehicle.

UPDATE 7:07 p.m.: The fire is out and they are beginning overhaul.

 

Havenwood Senior Apartments evacuated overnight because of broken water pipe

By Howard B. Owens

From our news partner, WBTA:

Some of the 29 residents of the Havenwood Senior Apartments on Richmond Avenue are waking up in a motel this morning.

The residents had to be evacuated yesterday when a pipe burst and damaged part of the facility.

Batavia Fire Chief James Maxwell said the broken pipe was part of the facility's sprinkler system. Repairs to the pipe left the facility with a lack of fire protection which prompted the evacuation.

Maxwell said some displaced residents were taken in by family members while others were taken to a motel. All residents are expected to return to their apartments today.

Law and Order: Hutchins Street resident in jail after argument with girlfriend

By Howard B. Owens

Darrell Smith, 47, of Hutchins Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Smith was allegedly involved in an argument with his girlfriend and during the incident ripped the shower current and punched, pushed and grabbed her. Smith was jailed on $1,000 bail.

Kyle J. Snyder, 26, of Colony Run, Attica, was arrested on a warrant for alleged failure to appear on an appearance ticket. Snyder turned himself in at Batavia PD. The original charge was aggravated unlicensed operation, 3rd. Snyder posted $200 of his $500 fine, released and scheduled to appear again at a later date.

Robert E. Saari, 33, of Alleghany Road, Attica, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge, 2nd. Saari turned himself in. He posted $500 bail and was released.

Dustin Guy Nicometo, 27, of Jackson Street, Batavia, is charged with criminal possession of stolen property, 4th, and violation of probation. Nicometo was arrested on a warrant.

Steven James Snyder, 25, of West Avenue, Attica, is charged with petit larceny. Snyder is accused of shoplifting from Kmart.

Molino honored by city management association

By Howard B. Owens

Press release:

Jason Molino, City Manager for the City of Batavia, recently received the Credentialed Manager designation from ICMA, the International City/County Management Association. Jason is one of over 1,300 local government management professionals currently credentialed through the ICMA Voluntary Credentialing Program.

ICMA’s mission is to create excellence in local governance by promoting professional management worldwide and increasing the proficiency of appointed chief administrative officers, assistant administrators, and other employees who serve local governments and regional entities around the world. The organization’s nearly 9,000 members in 27 countries also include educators, students, and other local government employees.

To receive the prestigious ICMA credential, a member must have significant experience as a senior management executive in local government; have earned a degree, preferably in public administration or a related field; and demonstrated a commitment to high standards of integrity and to lifelong learning and professional development.

Jason is qualified by more than eight years of professional local government executive experience. Prior to his appointment in 2006 as City Manager of Batavia, he served as the Assistant to the Village Manager for the Village of Port Chester, NY.  In addition, Jason served as a 2nd Class Petty Officer in the United State Coast Guard Reserve from 2000-2007

Highlights of Jason’s ICMA membership include: member of the 2009 Montreal ICMA Conference Planning Committee and most recently the City of Batavia and Jason were recognized by ICMA as recipients for the 2014 Program Excellence Award for Strategic Leadership and Governance.
Jason has also made significant contributions to a number of other organizations, including: serving as Board Member of the New York State City/County Management Association, current member and former President of Genesee County Cornell Cooperative Extension and Graduate of Leadership Genesee – Class of 2008.

Police looking for Jacquetta Simmons on warrant for alleged harassment

By Howard B. Owens
Jacquetta Simmons

Batavia police officers have been looking for Jacquetta Simmons since October after she was allegedly involved in an altercation at a church meeting, Chief Shawn Heubusch said today.

Simmons, convicted of punching a Walmart employee on Christmas Eve, 2011, is wanted on a charge of harassment in the second degree.

The charge means she is accused of physical contact with the victim.

Heubusch said he didn't know what that contact involved. The alleged victim is described as a 54-year-old woman.

The warrant was issued Oct. 20 and signed by Judge Robert Balbick, City Court.

Heubusch didn't know the name of the church, but said he believed the alleged altercation occurred during a business meeting. The address he provided is 301 North St., which is the YWCA.

Police do not currently have any information on where Simmons might be.

Simmons last appeared in court in September when her restitution order was modified and she was ordered to make payments of $100 per month on her $2,000 debt.

Originally sentenced to five years in prison for hitting a 70-year-old Walmart cashier, an appeals court vacated that sentenced and ordered she be resentenced to a year in jail.  

Noonan resentenced her a year ago and she was taken to jail at that time, but was expected to be out in eight months or less.

For The Batavian's previous comprehensive coverage of the Simmons case, click here.

Sponsored Post: AJ's Crafts Grand Opening is this Friday & Saturday!

By Lisa Ace

AJ's Crafts Grand Opening is January 16th & 17th from 10 a.m. to 6 p.m. both days! We're located on 220 E. Main St. in Batavia, across the street from Key Bank. Be sure to stop down for a chance to win raffles, get in on the promotions, and enjoy a small snack and beverage -- while supplies last. If you are a vendor with a DBA, receive your first month FREE, when signing a 12-month contract during the grand opening.

Visit our Etsy store by clicking here.

Athletes looking to improve performance can get an edge at new facility in Batavia

By Howard B. Owens

Getting young athletes ready to compete at a higher level is one of the primary missions of Athletes Edge, a new training facility on East Main Street, co-owned and operated by Ben Buchholz.

Buchholz is a coach with Batavia High's football and baseball programs and he said what he's seeing today is local schools squaring off against Monroe County schools, and those athletes have taken on more challenging training routines during the off-season.

It's no longer enough just to show up on the first day of practice and expect to be ready to go. Young athletes need to train during the off-season.

"We're falling behind what we have to do to help us get better in every aspect of sports," Buchholz said. "We need to do more off-season stuff and this gives kids a chance to really get in here and do it. Now a lot of kids are doing a lot more off-season work and it shows in season. To compete, you've got to do it because everybody else is doing it."

The Blue Devils' deep run in post-season football is an example of how good off-season training can pay off, Buchholz said.

When you walk into Athletes Edge, if you're expecting a gym, you'll be struck by what you don't see. There are no weight benches, universal machines, dumbbells or barbells.

Modern athlete training is no longer about just pushing around heavy slabs of cast iron.

It's about speed, agility and stamina, and that's where Buchholz puts the emphasis.

The training tools at Athletes Edge involve boxes and stretch bands, but much of what is taught and trained is about body weight.

Plyometric workouts, which involve body weight and explosive movements, are a big part now of even the most elite athlete's daily routine.

"It's getting away from lifting huge heavy weights and getting into more athletic movement with strength," Buchholz said.

The facility's batting cage and pitcher's mound might leave the impression on a visitor that there is an emphasis at Athletes Edge on baseball, and that wouldn't be an incorrect perception, but the facility and training is open to all athletes and all sports. Notre Dame hockey, for example, is considering a team training session, Buchholz said.

Le Roy and Alexander's baseball teams have both already been in for a session since the business opened a month ago.

There's training available, also, for younger athletes. Athletes Edge is sponsoring travel baseball teams for youths from 8 and under to 12 years old.

Buchholz also hosts group events, such as birthday parties for youths. Those events might involve activities such as dodgeball or kickball or other activities.

"Whatever parents want to do, we set it up and just roll with it," Buchholz said.

Athletes Edge is located at 214 E. Main St., Suite #3, Batavia. The phone number is (585) 356-5995. The business is co-owned by Sam Antinore.

Law and Order: Man accused of stealing and selling rifle

By Howard B. Owens

Joel David Prouty, 28, of Fisher Road, Oakfield, is charged with grand larceny, 4th, and criminal possession of a weapon, 4th. Prouty was arrested following an investigation by Deputy Chad Minuto into a report of a stolen rifle from a residence in Oakfield sometime between July and August. Prouty is accused of stealing a rifle and selling it to another person. Prouty has a prior felony conviction, leading the weapons charge. The rifle was recovered. Prouty is currently confined in the Genesee County Jail on unrelated charges.

Lauren E. Charache, 35, Myrtle Street, Le Roy, is charged with aggravated unlicensed operation, 2nd, and criminal possession of stolen property, 3rd. Charache was allegedly caught operating a vehicle that had been stolen from a person in Le Roy. Charache was held on $15,000 bail or $30,000 bond.

Steven Anthony Caldarelli, 52, of Portland Avenue, Rochester, was arrested on a warrant for criminal possession of stolen property. Caldarelli is accused of selling stolen property to a business in the Town of Batavia. He was jailed on $2,000 bail. He is also charged with petit larceny. He is accused of stealing power equipment from a vehicle that was parked in a parking lot in the Town of Batavia.

Michael Paul Dickens, 33, of Underwood Avenue, Hilton, is charged with harassment, 2nd. Dickens allegedly struck another person in the head while riding in the vehicle with that person on Route 19, Le Roy.

Jennifer Lynn Stack, 28, of South Main, Batavia, is charged with aggravated unlicensed operation, 3rd, and plate display violation (no front plate). She was also arrested on a warrant out of the Town of Gates. Stack was turned over to Gates PD following her arrest.

Chercal A. Smith, 19, of Bank Street, Batavia, is charged with assault, 3rd. Smith is accused of punching another person in the face with intent to cause injury.

Kristine S. Baker, 27, of Clinton Street, Batavia, is charged with dog running at large. Baker turned herself in on a warrant.

Jerry Tyrone Saddler Jr., 28, of Steel Street, Auburn, is charged with harassment, 2nd, and two counts of criminal contempt, 1st. Saddler was allegedly involved in a fight at 8:13 p.m., Tuesday, at a location on West Main Street in alleged violation of a court order barring offensive conduct around the other person. He reportedly has a prior criminal contempt conviction within the past five years.

An unidentified 18-year-old was arrested on a warrant for criminal obstruction of breathing, endangering the welfare of a child and criminal mischief, 4th. The suspect was located by Niagara Falls PD. The person allegedly did not abide by terms of a release under supervision order. The suspect was jailed on $1,000 bail or bond.

Eileen M. Wilcox, 46, of Brooklyn Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while impaired by alcohol charge. Wilcox turned herself in to BPD and is ordered to court at a later date to pay off her fines.

Grand Jury Report:

Jared E. Fleming is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Fleming is accused of driving drunk July 31 on Transit Road, Stafford. He allegedly has a prior DWI conviction from January 2011.

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