batavia

A Batavia man already facing up to seven years in prison for a crime in Rochester is being accused of assaulting another man with a tire iron during a fight behind a restaurant in Caledonia.

Matthew Norstrand is being charged with assault, 3rd, and criminal mischief, 4th.

A year ago, Norstrand was involved in a fatal hit-and-run accident in Rochester and was out of jail pending sentencing.

Last week, Norstrand was allegedly involved in an altercation with Austin Costrino, 26, of Holley, behind Q's Restaurant in Caledonia.

Costrino allegedly pulled out a knife before getting into his car. He allegedly drove back to Norstrand's location and the two men continued to argue. Norstrand allegedly pulled out a tire hire and beat Costrino.

The investigation began after Costrino's father contacted police, reporting that his son was hospitalized with head injuries.

Costrino is charged with menacing, 2nd.

(Source: WHAM13)

Rose Mary Christian thought she would be retired these days, but she can't quite get away from the restaurant business.

She admits, she loves it.

In 1956, her father -- with the help of Carl Dilcher and George Jacobs -- built a diner on Ellicott Street Road near Shepard and Christian. Along with her eight brothers and sisters, she worked there for much of her young life.

The diner closed in 1965, but Christian opened it again -- with her four children -- in 1983.

"We used to have good times and you hear people reminisce about the old days," Christian said. "Hot dogs were 25 cents when my dad started and milk shakes were 50 cents. Now what’s a hot dog and what’s a milk shake? There’s a big difference."

Christian closed the diner in 2003, and then new owners took it over for a time more than a year ago, but eight months ago, that diner closed.

On Monday, the diner opens again as "Rosie's."

"I hope people drive out and see the restaurant and taste what we have to offer," Christian said. "I hope they just have a good day and a good experience coming here. Like I said, this is where good people meet."

The diner's menu, among regular diner fare, will include Italian and Polish dishes and homemade soup.

“We’re going to have a quarter-pound hot dog, like they have in New York City, that I love," Christian said. "It’s going to have mustard and sauerkraut on it. It’s delicious. You’ll have to try it."

Christian noted there aren't many dining establishments on the southeast side of town, plus there will likely be a road connecting the new ag park to Cedar Street, making it easier for workers there to get onto Ellicott Street. That could be the opening in the market she needs to be successful.

Asked if not just her history in the restaurant business, but her career in city politics would help attract customers to Rosie's, Christian laughed.

"The politics part of it," she said, "no, not at all."

Michelle Tarin Crawford, 26, of Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 1st, and failure to keep right. Crawford was charged following an investigation into a motor-vehicle accident at 12:55 a.m., March 8, on Townline Road, Byron, in which Crawford was seriously injured. Crawford remains jailed on a violation of probation charge. (Previous stories, one, two and three).

Michael Octavio Tardy, 46, of Woodside Drive, Bergen, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and moving from lane unsafely. Tardy was allegedly driving at 1:41 a.m. on Lewiston Raod, Oakfield, when his vehicle struck a curb.

In honor of March being Disabilities Awareness Month, the Batavia Development Corp. organized an event at Coffee Culture today recognizing people involved in the local disabilities work force.

Certificates were given to both workers and staff members at local agencies who supervise people with disabilities.

Receiving certificates were:

• Darren Annovi, store associate, Kmart, three years: Darren is an active member of Mental Health Association of Genesee County and works at Darien Lake in the summer.
• Greg Bruggman, laborer, ARC, six years: Greg is on the governing council of ILGR and strives to help others with disabilities through ILGR and political meetings.
• Vinnie Falcone, work center, Genco Industries, six years: Vinnie is active in his church, volunteers at the Social Club and en- joys watercolor painting.
• Philip Greene, crew member, Burger King, nine years: Philip has maintained employment for nine years and participates in his church regularly.
• George Hughes, work center, Genco Industries, 38 years: George has been recognized as “Employee of the Month,” volunteers at community events and he assists at Clor’s Meat Market.
• Dawn Kempf, housekeeper, Best Western, 20+ years: Dawn has been employed for more than two decades and she volunteers at MHA of Genesee County Warm Line.
• Richard Ruhlman, janitor, Batavia Downs, four years: Richard actively participates in high school sports events as timekeeper, statistical keeper and more.
• Leigh Skellon, associate, TOPS Market, 14 years: Leigh assists the shoppers when needed and is considered a dedicated and reliable employee.
• Ann Bird, instructor NYS School for the Blind, 28 years: Ann is an innovative classroom instructor. She has led instructional support staff, interacts with school districts across the state and provides professional development and support to those who are working with students who are blind and have multiple disabilities.
• Donna Ostrander, production assistant Genesee ARC, six years: Donna is an organized, efficient and supportive team member that is always willing to help. She treats all individuals with respect and compassion. Donna volunteers many hours at agency functions.
• Katherine Way, senior employment specialist Restoration Society Inc./Genesee ACE, four years: Katherine actively works with coworkers and customers to promote community involvement and she is an Angels in Action Advisory Council member. Katherine is also attending college part-time.

Julie Pacette indicated the BDC hopes to make this an annual event.

Nearly two years after the alleged events, a Brockport man is being accused of stealing an SUV and some credit cards.

Frank Edward Finnin, 45, of Vindale Drive, Brockport, was arraigned in Town of Batavia Court on Thursday on charges of grand larceny, 3rd, and grand larceny, 4th.

Finnin is accused of stealing a 2004 Ford Escape from a location on Batavia Stafford Townline Road, Stafford, on June 20.

He is also accused of taking a purse containing credit cards from a vehicle that was parked in a residential driveway on East Main Road, Batavia, on the same date.

The Escape was recovered in Le Roy, not far from Finnin's residence at the time.

Following arraignment, Finnin was jailed on $10,000 bail.

The case was conducted by investigators William Ferrando and John Dehm.

An inmate of the Genesee County Jail who was serving an intermittent sentence is being accused of trying to smuggle cocaine into the facility.

Charged with promoting prison contraband in the third degree is Jahmal Coletrane Kirkwood, 34, of Shelbourne Drive, Rochester.

Kirkwood is also charged with criminal possession of a controlled substance, 7th.

According to investigators, Kirkwood arrived for his two-day stint at the jail at 9 a.m., Jan. 3 and possessed a baggie of cocaine hidden inside a compartment of his backpack he carried into the jail.

Kirkwood was arraigned on he charge today in Batavia City Court and jailed in lieu of $5,000 bail.

Press release:

St. James Episcopal Church in Batavia was recently awarded a $19,200 grant from the Rochester Area Community Foundation (RACF) for the restoration of the stained-glass window centrally located on the bell tower. The grant was co-written by Laurie Oltramari of the Landmark Society of Genesee County and Marcia Gann from the St. James Vestry.

The grant will help to restore broken glass, shifted and broken tracery, and the structural cast stone surround in the upper part of the window. The artist of the tower window is unknown and depicts the four evangelists with four panels below signifying an event associated with that person.

The grant stressed the role of St. James as a cultural and arts center of Batavia and that the stained-glass window was artwork that is valuable and accessible to the public.

"The churches of Downtown Batavia are incredible historical and architectural gems in our city," Oltramari said. "Many people pass them by without notice. They take them for granted. It is important to recognize them as a foundation to our community."

Among others, St. James is one of the churches that have participated in stained-glass window tours of Batavia. The work for the restoration of the window will be done by Valerie O'Hara of Pike Stained Glass Studios in Rochester.

Since autumn, the St. James tower has been undergoing restoration by the help of Catenary Construction and Bero Architecture. Beyond the RACF grant, the church was also awarded a $50,000 grant in September from Pepsi in which it was the only recipient of funding for historic preservation. It also received a $40,000 Sacred Sites grant from the Landmarks Conservancy.

The Rev. Steven Metcalfe and congregation began a capital campaign to bring in donations, but they are also seeking donations within the community. For more information about the restoration work being done or how you can help, please contact St. James at 343-6802.

A 26-year-old Batavia woman accused of punching a 70-year-old Walmart employee during a busy Christmas Eve shopping day has been indicted on two felony counts by a Genesee County Grand Jury.

Jacquetta B. Simmons, of 106 Ellsworth Ave., Batavia, is indicted on two charges of assault in the second degree.

Simmons will be arraigned April 12 on the charges in county court by Judge Robert C. Noonan.

The two Class D felony charges carry potential prison terms -- for a person with no criminal history, as is the case with Simmons -- of from two to seven years.

Simmons was arrested Dec. 24 after reportedly being followed out to her car by a number of Walmart shoppers, who prevented her car from leaving the parking lot.

According to witness reports, Simmons hit Grace Suozzi hard enough to knock her 10 feet across the floor. Souzzi suffered fractures in her face.

Suozzi reportedly asked Simmons for a receipt for a bag of merchandise prior to being hit.

Buffalo attorney Earl Key has suggested there may be additional circumstances to the case that haven't come out yet.

One of the assault charges against Simmons stems from a law passed in 2008 making it a felony to assault and cause injury to a person 65 or older. Simmons is the first person in Genesee County charged under the relatively new law.

Besides having no criminal history, Simmons is a college graduate with strong ties to the community.

She remains out of jail on $40,000 bond, reportedly posted by her parents.

The story of the alleged assault gained national media attention after first being reported by The Batavian.

A man involved in commercial burglaries in Batavia is already serving four-and-two-thirds to 14 years in state prison based on a similar conviction in Wyoming County, and in Genesee County Court today, he was given an identical sentence by Judge Robert C. Noonan.

The four-and-two-thirds to 14 years imposed by Noonan will be served, according to state sentencing guidelines, concurrent to the Wyoming County sentence, which was imposed a month ago.

Noonan was prepared to tack on a couple more years to the sentence of Michael A. Ames, 19, of 508 Dale Road, Dale, but couldn't do it, so he gave him the maximum term available to be served while Ames serves his Wyoming County sentence.

Ames was arrested in September after a video posted on The Batavian helped lead investigators to Ames and Trevor M. Pilc, 18, of 404 Jackson St., Batavia, as suspects.

The duo was accused of breaking into several area businesses.

For Ames, according to his attorney William Harper, the crime spree represented just four months out of his life and was driven mainly by a recent drug addiction.

Harper argued for the minimum sentence available citing a troubled childhood for Ames, which included being reported as a neglected child five times, foster homes and a serious learning disability.

With supportive friends and family in the courtroom, and a letter of support from an officer of the law he assaulted, 22-year-old Craig A. Tiberio-Shepherd, was given a second chance in county court today.

Tiberio-Shepherd, facing up to four years in prison, was sentenced to five years probation by Judge Robert C. Noonan.

Previously, Tiberio-Shepherd admitted to assault, 3rd, criminal possession of a controlled substance, 4th, and felony DWI.

Twice -- in July and in November -- Tiberio-Shepherd appeared before the judge with Noonan prepared to send the Le Roy resident to state prison. But those sentencing hearings were delayed and Tiberio-Shepherd continued on in substance-abuse programs, enrolled in college and held down a job.

"The significance in not sending you to state prison tells me that you've climbed a very, very high hurdle to be here today and be in a position to get probation," Noonan said.

A member of the Local Drug Enforcement Task Force who suffered minor injuries in a scuffle with Tiberio-Shepherd in April initially told the court the young man should be sent to prison, but after meeting with Tiberio-Shepherd the detective wrote to Noonan and said he supported the recommendation for probation.

Tiberio-Shepherd has been attending Genesee Community College and getting good grades. He plans to enroll at Buffalo State University in the fall.

Noonan also received letters of support from several people in the community and the pre-sentence report by Genesee Justice recommended probation.

In all, Tiberio-Shepherd was sentenced to five years probation each on the drug charge and the DWI conviction, and  three years probation on the assault.

He faces repayment of fines and restitution, plus his driver's license was revoked.

"I've noticed he hasn't gotten all cocky about his treatment progress and he seems to accept the fact that this is something he is going to have to work hard doing for a long period of time, which is not only sobriety, but criminal-free living, which he intends to do," said his attorney, Thomas Burns.

In a brief statement to the court, Tiberio-Shepherd, thanked Noonan for the chance to turn his life around.

Press release:

United Memorial Medical Center is pleased to announce that it has received $500,000 in NYS Economic Development funding. Five years ago, United Memorial began a multi-phased project to rehabilitate the former St. Jerome Hospital building, which is located at 16 Bank Street in the heart of Downtown Batavia.

The first phase renovated the ground floor to create an outpatient diagnostic center along with offices for primary care and occupational medicine services. The second phase addressed the upper floors and created 37 housing units for seniors 55 years of age or older earning less than 50 percent of the area median income. Several of the units contain features to assist those with mobility, hearing or visual impairments.

At the beginning of the second phase of the project, New York State Senate Majority Leader Dean Skelos, Senator Mary Lou Rath and then County Legislator Mike Ranzenhofer announced $500,000 in NYS Economic Development Assistance funding to assist with the redevelopment.

At that time, United Memorial’s President and CEO Mark C. Schoell stated, “The support from the State Senate will help us reinvigorate an important area of Downtown Batavia and re-purpose a vacant structure so that it once again serves the residents of Genesee County by providing the necessary elements of employment, housing and access to health care.” 

The adaptive reuse of the building was completed in November 2010; however the NYS Economic Development Assistance funding had not been received. United Memorial solicited help from the 61^st District, New York State Senator Mike Ranzenhofer’s office.

“Senator Ranzenhofer has been diligent in assisting the hospital access the funds promised in 2008,” Schoell said. “The Jerome Center Project is an exemplary illustration of cooperation between government and the private sector to preserve an historic property and provide important services to the community. We greatly appreciate Senator Ranzenhofer’s dedication and commitment to healthcare, housing for our vulnerable population and economic growth.”

Senator Ranzenhofer said "Mark and I have been working closely together for many months to ensure that United Memorial received the funding it had been promised in 2008 for the Jerome Center Project. As a result of our collaborative efforts, we were able to push the funding part of this project across the finish line.

"The Jerome Center Project has had a positive impact -- particularly, the many jobs it has created and the services the site now offers to the community. I hope that the project serves as a paradigm to encourage both organizations and individuals in the community to contact me when encountering a state-related issue."

The Jerome Center currently houses a comprehensive diagnostic center offering medical imaging and laboratory specimen collection; the Corporate Health Center for occupational medicine services; Batavia Family and Pediatric Care; Surgical Associates; Hope Haven, the only secure inpatient chemical dependency rehabilitation unit in the GLOW region; and the fully occupied Jerome Senior Apartments.

The site also hosts a gift shop, refreshment kiosk and cafeteria. Next month an Urgent Care Center will open in the Jerome Center to provide an affordable and timely alternative to emergency room care for non-life threatening illnesses and injuries.

A pedestrian has reportedly been struck by a car at the intersection of East Main and Clinton streets, City of Batavia.

No word yet on possible injuries.

City Fire Department and Mercy EMS dispatched.

UPDATE 8:20 p.m.: Patient is conscious and alert, able to move, complaining of left side body pain.

A Batavia woman still suffering from serious injuries following an accident March 8 in Batavia won't get out of jail any time soon to help her recovery, Judge Robert C. Noonan ruled today.

Michelle T. Crawford, 26, of 7963 Batavia Stafford Townline Road, had her jaw wired shut following the accident, but Noonan said that given her legal status at the time of the accident, he couldn't see setting a bail amount for her.

Crawford was on probation stemming from a DWI arrest in Erie County and had already been convicted once of a probation violation.

She appeared before Noonan days before the accident, having completed one substance abuse program and was awaiting an open bed in another treatment program.

"She committed to me that she had seen the light and was all rehabilitated and ready to get on with a clean life," Noonan said. "She expressed on the record that if she was allowed to stay at liberty until we could find a bed or another treatment program she would stay clean."

Noonan continued the case pending sentencing on the probation violation until 9:30 a.m., April 16.

Assistant District Attorney William Zickl said Crawford was operating on a suspended license at the time of the accident and he has been told by investigators that she had alcohol and a small amount of cocaine in her system at the time of the accident.

She may be facing multiple felony charges, though the Sheriff's Office has not yet completed its investigation.

When Noonan said he wouldn't let Crawford out of jail, she turned and looked at her parents and boyfriend in the gallery and started to cry just a bit.

Crawford didn't speak during the hearing.

Her attorney, Lackawana-based Louis Violantin, pleaded with Noonan for a lower bail to help his client be better prepared for what may come next.

"The court may be hesitant to set reasonable bail," Violantin said. "It's imperative that we do get her help because she's ailing right now and certainly jail is not a hospital. Michelle needs to get herself well physically right now in order to be able to go through anything else."

A Batavia woman accused of defrauding elderly Genesee County residents of more than $300,000 was in court today for a bail review hearing and sat in her chair and sobbed through the entire proceeding.

Heidi L. Schollard, 161 Bank St., Batavia, had her bail adjusted by Judge Robert C. Noonan upward to $50,000 cash or bond.

Her original bail set in a lower court was $25,000. She is in the custody of Genesee County Jail, but being held in Livingston County Jail, which has facilities for women inmates.

Schollard was initially arrested in December 2010 for allegedly stealing about $250,000 from a Batavia resident and that case is still pending.

She was out of jail during the proceedings in that case and was arrested again earlier this month and accused of defrauding another elderly person. The alleged victim in this case is a resident of Alabama.

In both cases, Schollard was reportedly a care giver for the victims.

Schollard is accused fraud and filing false tax returns. 

The charges against Schollard include two counts of criminal tax fraud, 3rd, two counts of grand larceny, 3rd, one count of grand larceny, 4th, 13 counts of offering a false instrument for filing, five counts of forgery and 10 counts of falsifying business records.

Temperatures could drop as low as 25 degrees tonight and that is going to be bad news for flowering trees, budding plants and other shrubs with newly sprung sensitive leaves.

"Twenty eight degrees is the critical temperature," said Jan Beglinger, agriculture outreach educator and master gardener coordinator for the Genesee County Cornell Cooperative Extension.

If it drops below 28 degrees -- especially if there is no breeze and cloud cover -- a lot of plants could be damaged.

Beglinger recommends covering plants with blankets, burlap or newspaper (but not plastic, which doesn't provide any insulation), where and when possible.

Blooms and budding for plants have come unseasonable early, but Western New York is not officially out of winter yet.

"I knew when we had beautiful weather for 10 straight days, we were going to pay for it," Beglinger said.

Photos of the cherry blossom of the trees between the Upton Monument and the Old Courthouse. I figured today might be my last day this year to get any shots of the blossoms.

John Kennedy School kicked off a reading program today with a "Dancing with the Stars" contest in the school's auditorium.

The stars were faculty and staff dressed up as characters from popular children's stories, from Shrek to Snow White and Puss 'n' Boots.

It was a full, multi-media event with rehearsal videos and zingers from the judges.

Children earn tickets to vote for their favorites by completing nightly reading assignments with their parents.

Edwin L. Stancliff, 32, of Alleghany Road, Pembroke, and Adrienne F. Yocina, 31, of Alleghany Road, Pembroke, are charged with unlawful growing of cannabis and criminal possession of marijuana, 5th. Both charges are misdemeanors. Stancliff and Yocina were allegedly found growing cannabis on their property and possessing marijuana in excess of 25 grams during an investigation of an incident at 8:20 p.m., Aug. 13, 2010.

Tammy Marie Chojnacki, 40, of Pike Road, Batavia, is charged with felony DWI and felony driving with a BAC of .08 or greater. Chojnacki was arrested by Deputy Matt Fleming at her residence following an investigation at 9:24 p.m., Saturday, into a reported domestic incident in her car.

Jesse Stephen Stocking, 24, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding. Stocking was stopped on Route 33 in Pembroke at 4:46 p.m., Saturday, by Deputy Matt Fleming.

Robert Jeffery Curry, 22, of Dillon Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 1:02 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Christopher Willard Logsdon, 24, of Big Tree Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 12:23 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Cody Allen Eaton, 22, of Main Street, Attica, is charged with DWI, driving with a BAC of .18 or greater and speeding. Eaton was stopped at 1:54 a.m., Saturday, on Pearl Street Road, Batavia, by Deputy Howard Carlson.

John Charles McGrath, 43, of South Main Street, Batavia, is charged with criminal mischief, 4th, resisting arrest and harassment, 2nd.

Lori Ann Brightenfield, 52, of Main Road, Stafford, is charged with aggravated harassment, 2nd. Brightenfield is accused of using a telephone for no legitimate purpose to contact another person she was allegedly told previously not to contact.

Joseph Carl Jeffords, 21, of Swan Street, Batavia, is charged with criminal mischief. Jeffords is accused of driving across the lawn at College Village and while driving across the lawn, intentionally speeding up, leaving ruts. The alleged incident was caught on tape.

Wilson Figueroa, 28, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa's car was stopped for alleged traffic violations on Route 33, Stafford, and was found to allegedly have as a passenger protected by an active stay away order.

Stephen D. Reamer, 53, of 76 Gilbert St., Le Roy, is charged with felony aggravated DWI. Reamer was stopped Friday morning in Le Roy by Le Roy Police.

A Batavia resident has admitted in Batavia Town Court that he was working as a self-employed scrap recycler while obtaining social services benefits.

Lee Heckman, 35, of 5 Fairmont Ave., Batavia, entered a guilty plea to one count of attempted grand larceny, 4th.

Heckman admitted to obtaining $2,176 in temporary assistance and food stamps from DSS under false pretenses from March 2011 to July 2011.

As part of his plea, Heckman agreed to pay back DSS the $2,176 by the time he is sentenced on June 25. He is disqualified from further public assistance through DSS.

Heckman is out of jail and under the supervision of Genesee Justice.

There was a big turn out today at St. Joe's for Batavia's Irish Afternoon, featuring music by Penny Whisky and entertainment by the McMahon Irish Dancers (unfortunately, I missed the dancers).

If your thing is trains, Batavia Downs was the place to be Sunday.