Skip to main content

batavia

Driver in February's fatal accident on West Main accused of reckless driving

By Howard B. Owens

A driver involved in a fatal car accident on West Main St. Road, Batavia, on Feb.  8 has received two traffic citations and been charged with reckless driving.

Levert Kimble, 21, of 3456 West Main St. Road, Batavia, who was also seriously injured in the head-on collection with an SUV, was cited for failure to keep right and not wearing a seat belt.

Delores Opuku-Boateng, 19, a student at Genesee Community College and a passenger in Kimble's car, died at the scene of the accident.

The other driver, Justin J. Jaszko, 31, suffered only minor injuries.

According to investigators at the time, the accident occurred at 9:02 a.m. when Kimble apparently lost control of his eastbound Honda and crossed over the center of the road, striking Jaszko's westbound 1995 Chevy Suburban.

Police Beat: Rochester resident accused of stealing cartons of cigarettes from smoke shops

By Howard B. Owens

 

Frank James Davis, 31, of East Rochester, is charged with petit larceny. Davis is accused of entering the Totem Pole Smoke Shop at 10:50 a.m., March 3, loading 15 cartons of cigarettes into a basket, then walking past cashiers and then running out of the store without paying for the cigarettes. The cigarettes are valued at $502 and the basket is valued at $10.

Davis is also accused of stealing $204 worth of Winston Lights on the same date from Arrow Hawk Smoke Shop. Davis was charged with petit larceny for that alleged crime.

Jennifer L. Coombs, 27, of 103 West Main St., Le Roy, is charged with criminal mischief, 4th. Coombs is accused of slashing three tires on a car in November.

Andrew Paul Dentinger, 20, of Broadway Road, Alexander, is charged with unlawful dealing with a child. Dentinger is accused of hosting an underage drinking party. Deputies responded to an address on Broadway Road, Alexander, at 12:58 a.m., Saturday to investigate the party.

David A. Burr, 23, of Elba, is charged with criminal mischief, 3rd. Burr is accused of intentionally damaging the front door of T.F. Brown's restaurant at 1:40 a.m., Sunday. Burr was jailed without bail.

Janie B. Burgess, 57, of 7 Maureen Drive, Rochester, is charged with DWI, unsafe turn. Burgess was stopped at 10:13 p.m., Saturday, on Oak Street by Officer Chris Camp. Burgess was jailed on $500 bail.

Daniel G. Crane, 34, of 9395 Upton Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate lights. Crane was stopped at 12:52 a.m., Sunday, on Main Street by Officer Dan Coffey.

Mark D. Hoerbelt , 42, of 152 State St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlights. Hoerbelt was stopped at 12:43 a.m., Friday, on West Main Street by Officer Matthew Fleming.

A 16-year-old resident of Wood Street, Batavia, is charged with petit larceny. The youth is accused of stealing an iPod in January while at Batavia High School. The youth was jailed on $1,000 bail.

Jennifer L. Stack, 25, of 12 Oak St., is accused of failing to pay a fine. Stack was convicted in May on an unnecessary noise charge. She was released on $100 bail but allegedly failed to appear at her next court appointment.

Scott C. Brown, 22, and Ashley M. Yunke, 31, of 11 1/2 Wood St., are charged with criminal nuisance. Brown and Yunke are accused of hosting a party where people under 21 were allowed to drink. They were arrested at 12:20 a.m., Sunday. They were jailed on $500 each bail.

Amanda A. Barclay, 23, of Oakfield, is charged with false report of an incident, 3rd. The alleged incident occurred at 4:27 a.m., March 18, in the City of Batavia. Barclay was arrested by State Police on Thursday. No further details were released.

Jared C. Reese, 31, of Stafford, is charged with controlled substance not in original container and criminal possession of a controlled substance, 7th. Reese was stopped by State Police at 6:09 p.m., Thursday, on Route 33, Stafford. No further details were released.

Van Detta Stadium project

By Donna Barrett

I would like to take this opportunity to thank all of the concerned City School Taxpayers for your many valid comments regarding the proposed Van Detta Stadium project.  I would also like to remind the majority of you that it is not enough to speak out about it, but to get out and vote on Tuesday, March 29th.  In numbers, we can tell the school district exactly what we think of this idea.

 

I have remained publically silent, until now.  I was unable to attend the school district meetings, however I received the information that was distributed, read with great interest all of the articles and taxpayers comments published by the local media outlets.  Many of the taxpayers made very valid points and yet we are still waiting for a straight answer from Ms. Puzio and the school administration.

 

In her latest ploy, she shows the poor students practicing in the parking lot.  If they can practice in the parking lot then why can’t they practice on the lawn.  It does not have to be a regular field made for this purpose, but any grassy area (I am sure the parking lot was not lined for the purpose of their practice).  You also indicate that the football field is too wet and gets torn up during practice and games.  If it is too wet, then modify the automatic sprinkler system (maybe they can point the sprinkler heads to the field instead of the track and save some money on your taxpayer paid water bill too).

 

I was able to attend the tour of the proposed changes to the Stadium itself and would like to inform the rest of the taxpayers of a few things.  The shower area looks brand new, almost like it has never been used.  If it hasn’t been used, then why do we have to replace it, maybe if you moved the boxes you have in there it could be used, or if privacy is needed, then you could install stalls for the wall mounted shower heads, instead of tearing the whole thing out.  Most of the athletes that would shower there are City School students and live within a reasonable distance.  Can’t they go home to shower? 

 

Do the taxpayers know that the entire stadium building is heated all year long (about 58 degrees)?  Wouldn’t it be more cost effective to hire a plumber to set up a system so that the water lines could be easily drained for winter and turn the heat off?  After all, according to the tour guides, the work out room has a separate boiler system and could still be heated for the one day per month that the room is used. Why do the coaches need new offices?  They all ready have offices at the stadium and I would think they have offices at the school, how much would they really use these offices?  And, you want to re-do the handicap ramps, again.  Yes, the ramps at one time went up the side of the stands, and I believe when you either revamped the track or added on the workout room, you modified the ramps to the way they are now.  Why didn’t you bring them into compliance then?

 

- Where do you think grant money comes from?  The taxpayers!!!

- As with most “Capital Projects” did you figure in the overrun expenditures (when was the last time anyone heard of a project coming in at or below the proposed dollar amount).

- We will begin to pay the Bond off in 5 years and it will be paid off in 10 to 15 years.  So, when the turf needs to be replaced (according to the people giving the stadium tour) in 10 years do you increase our taxes again for this purpose?

- If the project gets approved and funding gets cut, do you increase our taxes even more to cover the cost?

 

I also want to point out that Ms. Puzio stated that the school district stopped contributing funding from the General Fund to the Debt Service Fund in 2008.  However the city school district website states “up until this year, the district transferred between $215,000 and $315,000 from the General Fund into the Debt Service Fund each year.”  Why would you do that?  Why would you put money into another fund if you can’t get it back out?  My feeling is that it is the taxpayers money.  We should have the final say as to where it goes.  If we need that money in the General Fund, then we should have the right to move it back there, to lower our taxes.

 

I too, wonder why we are having this vote separate from the school budget vote.  Are you trying to raise our taxes for this project, then wine for another tax increase because the State cut your funding?  Maybe it is to push this project through because you don’t think you will get enough turnout to vote it down?

 

One thing you need to remember Ms. Puzio is that just like North Street, this too is a residential neighborhood.  With a proposed 250 events scheduled for the new stadium, do you think our property values are going to go down?  Are your school employees going to be out there picking up the trash on our lawns?  Are you going to pay for our reduction in quality of living, including additional traffic, noise pollution (playing music over the loud speaker system so loud you can hear it on Main Street), etc…..?  Are the games going to be over at a reasonable hour and not 1 a.m. like a prior track meet?  What about public use of the track, won’t that be cut down so that taxpayers cannot use it?  You have also proposed a new 75 car parking lot.  Do you think that parking another 75 cars in one lot is going to take care of the problems you all ready have, and have had for years but never addressed.  Guess again.

 

My last question is why am I paying $22.16 (plus an additional $1.48 for the Library) per thousand for my school taxes, and yet I pay $20.17 per thousand for City and County taxes combined.  The City and County offer me more services than the school district.  Maybe it is time the Batavia City School District became more fiscally responsible.   

Matty's Pizzeria is closed

By Howard B. Owens

Earlier this week, people told me Matty's Pizzeria was closed. I tried contacting owner Brad Fairbanks for confirmation, but could not reach him.

There is now an ad in this week's PennySaver for an auction of all Matty's equipment and fixtures at 2 p.m., March 31.

If you purchased a Matty's gift card in The Batavian's Deal of the Day on Feb. 18 or later, we will refund your money. You must return the unused gift card to us. Our address is 200 E. Main St., #5, Batavia, NY 14020. Refunds will be issued through PayPal.

Pauly's raising money to assist Sputore family

By Howard B. Owens

The staff of Pauly's Pizza are wearing "Brooklyn" shirts tonight as part of an effort to raise awareness of the plight of little Brooklyn Grace Sputore, who suffers from Vein of Galen Brain Malformation, which is a form of an aneurysm. This is a life-threatening condition that requires special care.

Pauly's is accepting donations on behalf of baby Brooklyn.

There is a fundraiser planned from 12:30 to 5:30 p.m. on Sunday, April 10 at St. Joseph's School at 2 Summit St., Batavia. This will include a spaghetti dinner, a Chinese auction and other raffles.

The tickets can be purchased pre-sale from Paul Sputore 781-8138 and other committee members. Tickets will also be available at the door. Brooklyn's Journey T-shirts are $15 and can be purchased from Bruce Dedman 716-560-0031 or T.F. Brown’s/Mancuso Bowling Center. All proceeds will assist the Sputore family in this difficult time.

The Sputore famly were at Pauly's this evening. Below is a picture of Brooklyn and her mom, Julie.

City police plan special school bus traffic enforcement

By Howard B. Owens

It's illegal to pass a stopped school bus with its stop signs flipped out and lights flashing, but apparently, some people still do it.

On Wednesday, the Batavia Police Department will engage in dedicated patrols aimed at enforcing the no-passing law.

It's part of a statewide effort called "Operation Safe Stop" funded by a grant.

"The objective of the traffic detail is to make drivers aware of the dangers of passing stopped school buses, to keep students safe while entering or exiting school buses," reads a department press release.

Police officers will be out in marked and unmarked cars on selected city school bus routes looking for violators where there have been complaints of vehicles passing stopped school buses. 

Police officers will also be conducting speed enforcement details in school zones.

The press release concludes, "Operation Safe-Stop is a statewide cooperative effort supported by the NYS Governor’s Traffic Safety Committee, NYS Association of Public Transportation, NYS School Bus Contractors Association, First Student Bus Company and all law enforcement agencies."

'Fast Eddy' hangs up badge after 32 years of police work

By Howard B. Owens

Officer Ed Mileham, who joined the Batavia Police Department in 1979, cruised his last patrol today.

Mileham, an Air Force veteran, retires after 32 years of wearing a badge, a career that goes back to 1976 when he joined the Choteau Police Department in Montana. He later returned to New York and joined the Warsaw department before transferring to Batavia.

In his career, Mileham has won several awards, including Office of the Year in 2001 and 2008 from Kiwanis and GCASA's Law Enforcement Award in 2010.

Mileham served as the police department's Drug Court representative and was certified recently to serve in Veterans Court. He's also been a K-9 officer and a member of the Neighborhood Enforcement Team.

Mileham is currently chief of the Indian Falls Fire Department and plans to continue in that role.

Chief Randy Baker said, "His dedication and service to the City of Batavia will certainly be missed."

At the end of his shift today, a Genesee County Dispatcher went on air and said, "Batavia to 126, on behalf of the Genesee County dispatchers, congratulations on your retirement. It's been a pleasure working with you. Good luck in all your future endeavors."

Mileham responded, "Thank you for your 32 years of support."

"Thanks, Fast Eddy," said the dispatcher.

Another added, "Thanks 126, we'll miss you."

BHS student accused of hitting teacher likely to have case referred to Family Court

By Howard B. Owens

Batavia Police responded to an incident at Batavia High School on Thursday involving a student allegedly hitting a teacher.

The student -- who, because of his age, the police cannot release his name -- got into a confrontation with a teacher and hit her in her body. Other adults on staff got involved in restraining the student, according to Det. Todd Crossett.

The case will likely be referred to the County Attorney's office and will wind up in Family Court.

In connection with the incident a drawing by the student was found that depicted something that Crossett characterized as "an unrealistic scenario."

"It wasn't a picture that showed him using guns, or something that could be possible," Crossett said. "It showed unrealistic things. I'm not necessarily going to take it as, 'I'm going to do these things.' It wasn't a threat to anybody in the school or the school (facility)."

Because of the age of the youth, Crossett said there will be no releases from the police department on the disposition of the case. Family Court cases are closed to the public.

Pembroke and Batavia come out on top in first round of mock trials

By Howard B. Owens

Pembroke and Batavia came out of the quarter finals of the regional mock trial competition and are among five teams moving on to semi-finals.

Both Pembroke and Batavia's teams finished the quarter finals with a record of 2-0. Pembroke had 110 points and Batavia, 107.

The semi-finals will be held March 28 in Geneseo.

Because Avon and Byron-Bergen tied for fourth, right down to the tiebreakers, both teams will move on to the semi-finals. Typically, only four teams compete in the semi finals.

Both teams were 1-1 with 106 points.

Warsaw came in third with a record of 1-1 and 107 points.

District Attorney Lawrence Friedman, who organizes and champions the mock trials locally, said schedules have been arranged so all five teams can compete.

In round one, it will be Pembroke vs. Avon, Batavia vs. Warsaw and Byron-Bergen vs. Batavia. Round two will pit Byron-Bergen against Avon, and Warsaw against Pembroke.

The final rounds will be in Warsaw on March 30.

Photo: Maura Chmielowiec, Evan Sutherland and Patrick Flynn of the Batavia team.

Previously:

Police Beat: Harassment charges filed against Batavia man

By Howard B. Owens

Timothy J. Wood, 22, of 4 N. Spruce St., Batavia, is charged with two counts harassment, 2nd. Wood is accused of grabbing one person and attempting to strike another following a verbal argument at 12:30 a.m.

Wendy L. Mucher, 41, of 27 Valle Drive, Batavia, is charged with petit larceny. Mucher is accused of stealing merchandise valued at $86.03 from an unspecified location.

Two Rochester men suspected of dealing cocaine in Batavia

By Howard B. Owens

A pair of Rochester men were allegedly found in possession of $3,000 in cocaine in Batavia yesterday and charged with two counts of criminal possession of a controlled substance.

The Local Drug Task Force identified the men as possible cocaine dealers and investigators received a search warrant for their car.

Taken into custody were Marcial S. Borgos, 61, of Bonesteel Street, and Jose A. Torres, 52, of Ernst Street.

Task force members as well as uniformed deputies participated in the search of the car.

Investigators allegedly found more than an ounce of cocaine.

K-9 "Pharaoh" participated in the search.

Borgos and Torres were jailed without bail.

Police Beat: Driver reportedly involved in accident accused taking truck without permission

By Howard B. Owens

Philip M. Niccloy, 24, of 75 Summit St., Le Roy, is charged with unauthorized use of a vehicle, 3rd. Niccloy allegedly took a GMC truck belonging to another person without permission. That night, Niccloy was allegedly involved in a single-vehicle accident on North Street Road. He was previously charged with leaving the scene of a property damage accident. Niccloy was released under supervision of Genesee Justice.

William Gordon Schultz, 37, of Evans Street, Batavia, is charged with failure to pay a fine.

David Richard Beedham, 43, of Randall Road, Le Roy, is charged with sexual abuse, 1st. Beedham is accused of touching the private area of a girl under age 11.

Mark Bryon Livingston, 53, of Wake Robin Terrace, West Henrietta, was arrested in Genesee County on a bench warrant for allegedly operating a car with a suspended registration.

Eric T. Weis, 28, of 9 N. Lyon St., Batavia, is charged with criminal obstruction of breathing or blood circulation and three counts of endangering the welfare of a child. Weis allegedly grabbed another person around the throat in front of three children while on MacArthur Drive. The alleged incident happened on Tuesday, Weis turned himself in on Wednesday.

Benjamin G. Evans, age unknown, of 8204 Park Road, Batavia, is charged with criminal possession of a controlled substance. Evans was arrested on a  bench warrant issued out of city court for alleged failure to comply with conditions set by the court. Evans was jailed on $50,000 bail.

Photos: Wednesday night at the auction

By Howard B. Owens

So tonight I drove out to the Wortendyke Road to the Bontrager Auction house -- not to take pictures (but you know, I always have my camera with me) but to bid on a set of 10 Don Carmichael prints.

If you've ever been in a local business and seen a pen-and-ink drawing of a local historic building, chances are, it's a Don Carmichael print. (Lorie Longhany has also done some wonderful drawings of local buildings).

I had my heart set on winning these at auction tonight, but it turns out it wasn't meant to be.

Still, the auction was great fun and I always enjoy taking pictures.

More pictures after the jump:

Rochester man given four years for first-degree rape

By Brittany Baker

Lamar T. Anderson, 27, was sentenced in Genesee County Court this afternoon to four years in prison, followed by 10 years of supervision, for raping a Batavia woman last year.

Anderson pled guilty in October.

"At that time, I advised you to cooperate with probation and abide by all other warnings and components," Judge Robert Noonan said to Anderson.

"At a previous meeting for your sentencing, it was evident that Anderson did not get it and refused to get a sexual-offender evaluation and a substance-abuse evaluation as well."

Noonan said that the case has been adjourned several times to obtain those evaluations.

Anderson has since been evaluated and District Attorney Lawrence Friedman said today that the report is unlike most other reports he has come across.

"With all due respect... this is not (the kind of) an evaluation I'm used to seeing," he said. "It is woefully inadequate and really doesn't address what is necessary and is of no benefit to this court as far as making a determination."

Anderson's attorney, William Tedford, disagreed.

"To address Mr. Friedman's opinions about (the report) I would respectfully disagree," he said as he flipped through and read a few short excerpts out loud.

Reading from the evaluation, Tedford said, "He (Anderson) makes several impressions that he was cooperative and readily provided information that there is high hope that he can live an offense-free life in the future...he is not a predator-type offender...he acknowledges responsibility for his offenses."

Tedford admitted to Judge Noonan that Anderson has become a client that he is "...the closest with during my year in this office. He is an intelligent and well-mannered individual and he has opened his eyes since you incarcerated him. I hope that you will see that today."

Tedford asked that the year Anderson has already spent behind bars be considered sufficient and if Anderson could be given the opportunity to prove himself through probation only.

When Judge Noonan asked if Anderson had anything to say, Anderson said quietly, "I just know I made a big mistake. I'm doing everything and am trying to get better."

After Anderson spoke, Judge Noonan gave his sentence, saying that he disagreed that Anderson's actions can simply be considered a mistake.

"A mistake is something that is much more transitory and requires much less time and much less absence of judgement," he said.

"You committed a very violent sexual offense for which you do not take responsibility and minimize your involvement...Your attitude at every point during these times tells me that you need to be segregated from society for some period of time."

Noonan imposed a four-year sentence to be followed by a 10-year post-release supervision period. Anderson was also ordered to pay a number of fees. He has the right to appeal the judgement within 30 days.

New Photography Business in Batavia

By Tasia Boland

 Despite the daily reminder of a cringing economy Ashley, 23, and Jeremy Hausfelder, 27, are a newly married couple who decided to put their fears aside and launch Bella Art Photography at 17 Vine Street, Batavia.

It was when the couple started planning their own wedding and looking for a photographer they were instantly attracted to photography.

"I became infatuated with finding the perfect photographer for our wedding." Ashley continued saying a a photographer was their biggest investment for the wedding.

"After all, your wedding day flies by fast and all you have left to remember it by are through your photographs," said Ashley.

Bella Art specializes in weddings, high school senior, and newborn photography. The couple opened their small in home studio officially this past January. They hope to expand the studio in the next couple years and currently travel to their clients choice of location with all their equipment and props.

With the natural fear of starting a business it was the fear of the unknown that weighed heavily over the couple.

Would the community be supportive and receptive   to a new photography business? Will the finanical investment pay off in the end? These were just some of the questions lingering in their minds while going forth with Bella Art.

"However, no one can succeed if they never try and  I know that we would have regretted not trying to create this business," said Ashley.

They invested thousands of dollars and countless hours of research to ensure they were doing things the right way.

"The majority of our time was put into researching everything from what equipment purchase, branding our "image", financing, etc," said Ashley. " It definitely isn't easy, but we really feel it's worth it."

Word of mouth from previous clients is keeping these two busy on the weekends and has already lead to weddings booked this summer.

"You would think that it would be stressful juggling our full time jobs and then working on our business part-time on the weekends, but it is extremely rewarding, " said Ashley. "It doesn't feel like work when it's something you love and enjoy doing."

Only a few months later from the official launch date and Bella Art has expanded its marketing.

"We are registered on several wedding websites, we just recently put an ad in the Penny Saver to recruit for senior reps, had a display in Key Bank here in Batavia, and we also use Facebook," said Ashley.

They chose the name Bella Art because they said it's exactly what they strive to produce every day, "beautiful art."

The couple said what makes this all worth it is capturing special candid moments and being able to freeze those emotions in time while being able to see a client's reactions when you show them their pictures.

Their advice for starting your own  business, "Patience is a virtue. It's so importnant to do your research and have a plan in place before you jump right in. Most importantly though, love what you do."

 

Area high-school students show off talent in original printmaking show

By Howard B. Owens

Traditional printmaking is on display at the Senior Center on Bank Street through April 29.

The prints were created by high-school students from Batavia and Le Roy.

These aren't digital, computer-generated prints, but handcrafted original images using silkscreen, linoleum, wood block, collography and stencils to create new works of art.

Local teens display work in traditional printmaking

By Billie Owens

A Traditional Printmaking Show is on display at the Batavia gallery of the Genesee-Orleans Regional Arts Council (GO ART!). It runs though April 29 and features pieces by 21 local artists.

The Batavia gallery is located inside the Genesee County Senior Center, 2 Bank St. Hours are 9 a.m. to 4 p.m. Monday through Friday.

The printmaking show is the brainchild of AmeriCorps worker Joe Langen. Although digital (computer-generated) prints are fairly commonplace, this show celebrates the time-honored, hand-generated traditional printmaking process.

In photography, a print is considered a copy of a photographed image. In printmaking, prints are original images produced by applying layers of ink to a background, usually paper.

Silkscreen, linoleum, wood block, collography and stencils are perhaps the most common ways of producing prints. Other, more difficult methods include etching, lithography and engraving, to name a few.

Printmaking is a way for artists to share their vision of reality and fantasy. This exhibit gives you a chance to delight in the creativity of established artists and the new generation of gifted teens.

Just because the method is a traditional one, doesn’t mean the themes necessarily are. Lady Gaga, anyone? Please come and share enjoy this delightful variety of perspectives on life and nature.

Student artists whose works are on exhibit at the Batavia gallery are:

Le Roy High School -- Allison Weaver, Karl Graff, Kylan Carter, Rayleigh Staba, Sarah Ehrmentraut, Alexandrea Zoccali, Bobbi Welker, Maggie Kibler, Jonathan Dimick, Rachel Graham and Charlotte Carmel.

Batavia High School -- Rebecca Zinni, Maria Yefremenko, Jamie Whitmore, Annie Janofsky, Samantha Brenkus, Catie Boerschlein, Chelsea Anthony, Hayley Jensen, Bianca Grazioplene and Allison Bryant.

GO ART! exhibits are made possible, in part, with public funds from the New York State Council on the Arts. For more information, contact GO ART! at 343-9313, info@GOart.org or visit www.GOart.org.

Subscribe to batavia

Authentically Local