batavia

Ronald A. Smith, a Level 3 sex offender facing three new felony charges, has been given a plea offer that would reduce his time in prison to five years.

Or he could take his case to trial, risk conviction, and a maximum sentence of 21 years in jail.

He has until Aug. 8 to decide.

Last month, Smith was convicted in a jury trial of failing to register his proper address as a sex offender.

He will be sentenced on Aug. 8 on that charge, with a possible sentence of up to three and a half years in prison.

If he pleads guilty to one count of sexual abuse in the first degree, he would receive a concurrent sentence of five years max.

The three sexual abuse counts carry a maximum possible sentence of seven years each, and the sentences could be imposed consecutively.

District Attorney Lawrence Friedman explained the plea offer in Genesee County Court this morning when Smith appeared so a trial date could be set on the sexual abuse charges.

Jury selection will begin Oct. 24 if Smith doesn't accept a plea deal on or before Aug. 8.

UPDATE: To clarify the sentencing options on the failure to register conviction. Smith can receive one of two possible indeterminate sentences, either one and a half to three years in state prison, or two to four years. So, on that charge he could likely serve from one and a half to two years, with credit for time already served. If he accepts the plea offer on just one count of sexual abuse, he would receive a determinate sentence of five years.  

Previously:

• Level 3 sex offender out of prison less than four months before new allegation
• Level 3 sex offender accused of sexual contact with a child in the city
• Level 3 sex offender turns down plea deal, trial set on failure to register charge
• Level 3 sex offender found guilty of failing to register address change

A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.

Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.

"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up  needing more.

"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."

Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.

"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."

Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.

"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.

Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.

"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."

For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.

UPDATED 11:20 p.m.

A Batavia High School student has been arrested, accused of giving an unknown type of pill to minors at Farrall Park on May 28, reportedly making the minors ill.

Charged with two counts of endangering the welfare of a child is Ryan F. DiMartino, 16, of 8821 Rollin Circle, Batavia.

DiMartino was arrested by Batavia PD Officer James DeFreze, who said in a news release that DiMartino was arrested following a  "lengthy investigation."

While police can't release the age of the alleged victims, DeFreze said in an interview that the minors were younger than DiMartino.

Though the alleged victims became ill, they did not require medical treatment, DeFreze said.

Following arraignment in Batavia City Court, DiMartino was released and scheduled to reappear on July 12.

A car has struck a tree on Trumbull Parkway. City Fire Department and Mercy EMS on scene.

UPDATE: There didn't appear to be any injuries.

A Bergen man was reportedly the victim of a gun shot during a fireworks display in Rochester on Monday evening.

Daniel MacKey, 40, checked himself into UMMC after returning from the fireworks in Rochester and medical staff found a bullet in his leg.

MacKey was apparently sitting on his truck with his daughter during the show when he felt a sharp pain in his leg just above the knee. He noticed blood and walked over to Rochester firefighters who where nearby and the firefighters bandaged up his leg.

He then returned to Batavia to have his leg examined locally.

The wound was reportedly caused by a small caliber bullet.

Investigators do not believe MacKey was targeted, but there are no suspects at this time. The shooting remains under investigation.

A car has hit a pole on Cedar Street near the Sandwash.

Mercy EMS and City Fire Department dispatched.

UPDATE: No to very minor injuries.

Someone has suffered a lacerated finger following a reported car versus motorcycle accident in front of 14 East Ave.

City of Batavia Fire Department and Mercy BLS (non-emergency mode) are responding. The location is between Columbia Avenue and Ross Street.

A 20-year-old man sustained only minor injuries after his car careened off the Thruway, onto the south shoulder of the roadway, flipped and landed on its roof in a ditch.

The driver managed to pull himself out of the wreckage and is being transported by Mercy medics to UMMC.

The accident happened at 4:03 p.m. He was heading eastbound when, for reasons unknown, his Honda sedan veered off the Thruway.

The accident scene was about 20 feet from curve where Park Road becomes Veterans Memorial Drive.

Abigail, age 7, showed us her cat-face Monday at GoArt!'s annual "Picnic in the Park." She had just been to the face-painting booth.

While I was there taking pictures, I ran into some, shall we say, figures of historical interest.

Jacob Richardson came dressed in the get up of a Revolutionary War soldier, complete with weapons and an old-fashioned belt (which soldiers needed to keep all their materials together, since their uniforms had no pockets).

Richardson was there to represent "Frontiersmen Camping Fellowship," a program of Batavia Assembly of God Church.

Also, a horse and carriage ride, just like the old days.

Also, Genesee County native Lynda Breckenridge Gaetano, author of the "Up South" series, was there to promote her books.

Gaetano now resides in Austin, Texas, but was raised on a dairy farm in Bethany. Her books are set in Genesee County and, all total, span a time frame ranging from the early 1800s, when pioneers first came to the "woody wilds" (as worded in a promotional pamphlet produced by the publisher, Blue Stocking Press) of Genesee County, up until the time of the World War II years.

They include a mixture of folk tales, real life stories and local history, all told from the perspective of a wizened sugar maple tree.

Gaetano has published her work in three volumes: "Spring," "Summer" and "Autumn." She hopes to publish the "Winter" volume soon.

The title, according to Gaetano, is based on a phrase her uncle and brother used whenever they would go to the Southern Tier to pick up goods.

"A lot of people don't know that in Genesee County, the Southern Tier is higher (in elevation) than the Northern Tier," Gaetano said.

Water from these high elevations goes south to form the Genesee River, which flows north into Lake Ontario. Hence, whenever you're travelling southward in the Genesee region, you are going "up South."

Gaetano said she was happy to be back in Genesee County promoting her books. While she has lived down South for many years, she still considers Genesee County home.

"You meet good people wherever you go," she said, "but there's something special about this place."

Her "Up-South" books are available for purchase at the Holland Land Office Museum in Batavia. Two of them -- "Spring" and "Summer" -- are available at the Richmond Memorial Library in Batavia, and the "Spring" volume is on the shelves of the Corfu Free Library, Le Roy's Woodward Memorial Library and Oakfield's Haxton Memorial Library.

Here are some other photos of the Fourth of July festivities and attractions:

Mariachi music and dance.

The Batavia Players performed selections from their recent musical, "On Broadway Too!"

Elle Fronckowiak and Beth Ryan were there representing Genesee County Right to Life.

April Meier, dressed in a bridal gown, represented Susan Meier Photography.

Dick Lawrence, a prevention educator who works with senior citizens on medicine safety and related topics, was there to represent Genesee/Orleans Council on Alcoholism & Substance Abuse (GCASA).

We hope everyone had a pleasant Fourth of July and enjoyed the fireworks!

Derek Todd Hanchett, 21, of Arnold Road, Elba, is charged with unlawful dealing with fireworks. Hanchett was charged following an investigation by Deputy Jason Saile about a complaint of loud fireworks at 1:33 a.m., Monday, in the area of 4238 West Ave., Elba. Hanchett was allegedly found setting off fireworks and in possession of fireworks.

Edward Woods, 18, of Vine Street, Batavia, is charged with petit larceny. Woods is accused of stealing money from Darien Lake Theme Park while employed at the park.

Nicole Lynn Poler, 26, of Zig Zag Road, Albion, is charged with DWI, driving with a BAC of .08 or more and driving left of pavement markings. Poler was reportedly involved in a one-car accident in the area of 23 Allegany Road, Corfu, at 2:25 a.m. Saturday. The accident was investigated by Deputy Howard Carlson (initial report).

Benjamin Jeffery Kitanik, 26, of Maltby Road, Oakfield, is charged with unlawful possession of marijuana and driver's view obstructed. Kitanik was stopped at 2:25 a.m. Sunday on Route 77 in Darien, by Deputy Patrick Reeves.

Cody Lee Pahuta, 19, of Williams Street, Batavia, is charged with petit larceny. Pahuta is accused of shoplifting $22.88 in merchandise from Walmart.

Braydon Mitchell Edwards, 20, of Waterloo Street, Clyde, is charged with unlawful possession of alcohol under 21 years of age. Edwards was charged following an investigation into a disturbance at 5:53 p.m. Sunday at Darien Lake Theme Park.

Patrick Gregory Potwora, 26, of Horseshoe Lake Road, Stafford, is charged with a felony count of DWI, felony driving with a BAC of .08 or greater and failure to keep right. Potwora was stopped at  1:52 a.m. Monday, in the area of 20 W. Main St., Batavia, by Deputy Patrick Reeves.

Chad Michael Henning, 18, of Main Street, Akron, is charged with unlawful possession of alcohol by a person under age 21. Henning was charged following a traffic stop at 12:38 a.m. Saturday by Deputy Jason Saile on Route 77, Darien. Henning was a passenger in the car and allegedly had a container of alcohol in his hands.

Near the end of our visit to Picnic in the Park, I noticed a tree in the northeast corner of the park with this fungus of some sort growing on it. Rather interesting shape and texture.

Billie and I didn't get a chance to stop by Picnic in the Park at Centennial Park until later afternoon, but there was still plenty going on with live music, food and arts and crafts.

More pictures after the jump:

With more than 2,200 fans in Dwyer Stadium for baseball and fireworks, the Batavia Muckdogs mounted a three-run, eighth-inning rally to snatch a 3-2 victory over Mahoning Valley.

Starter Jonathan Cornelius went four innings without giving up a run, and only one hit, but did not figure in the decision. Relief pitcher Eric Binder picked up his second win of the year.

Danny Miranda completed his fourth save.

The Muckdogs are now 8-10 on the year and will taken on Mahoning Valley (10-7 and tied with Jamestown for first place in the Pinckney Division) again at 7 tonight at Dwyer Stadium.

Second-season Muckdog Mike O'Neill started the rally in the eighth frame with a walk, advancing to second on a fielder's choice when Joey Bergman, also a returning Muckdog, grounded out. 

O'Neill scored when Juan Castillo singled sharply to left field and Aaron Sillga misplayed the ball.

Two more errors added two more runs for Batavia when Jeremy Patton hit a grounder to right that right fielder Kevin Fontanez overran, allowing Castillo to score and Patton to take a charge at third base. He scored on a throwing error by second baseman Todd Hankins.

First baseman Romulo Ruiz had two hits, raising his season average to .308.

More pictures after the jump:

The Muckdogs put on a great fireworks display for July 4th. Here are a few pictures taken from inside Dwyer.

Later, I'll post pictures from the game and Picnic in the Park.

More pictures after the jump:

City Fire Department is responding to a report of a house fire at 29 Burke Drive, Batavia.

Residents called dispatch and said they came home, opened the door and smoke was pouring out and the fire alarms were going off.

UPDATE 6:30: "Fire knocked down. Checking for extension."

UPDATE: At the time I left the scene, caused still not determined. Firefighters were ventilating the house before continuing investigation. The residents' pets were removed for their safety.

View Larger Map

Here's some pictures from the 2011 Batavia Ramble Music and Arts Fest held in downtown Batavia yesterday.

More pictures after the jump:

A caller reports heavy smoke coming from the grill area of 44 Main St., Batavia.

City Fire Department requested to the scene to investigation.

UPDATE 12:33 a.m.: Ladder 15 on scene. Nothing showing.

UPDATE 12:38 a.m.: Appears to be a grease fire under the grill. Firefighters will need to dismantle the grill to get to the fire.