batavia

Michael L. Jackson was clearly relieved to receive concurrent sentences on multiple felony convictions in Genesee County Court this morning.

After Judge Robert C. Noonan announced that Jackson's two-year prison term on a drug-dealing charge could be served while he's also in prison for breaking into and trashing the offices of Holland High Lift in Bethany, Jackson gave a little thumbs up and turned to his family sitting behind him and smiled.

Dressed in Genesee County Jail orange and with his wrists cuffed, Jackson was clearly anxious about his fate during the morning hearing, up until the point the second sentence was pronounced.

The former Oakfield resident, who's home was destroyed in a fire two years ago, entered a guilty plea to charges of burglary, 3rd, two counts of grand larceny, criminal mischief, 4th, and witness tampering, 4th.

Noonan noted that Jackson clearly recognized he had no defense to the charges when he entered his unconditional plea the day his trial was supposed to start.

He sentenced Jackson to two-and-a-third to seven years in state prison on the burglary and larceny charges and one year concurrent on the witness tampering charge.

After Jackson's June 10 guilty plea, the Batavia resident was caught selling prescription drugs to an undercover agent. Last week, Jackson entered a guilty plea to a charge of criminal sale of a controlled substance.

Jackson obtained no sentencing cap or a promise of concurrent sentences with either guilty plea.

Attorney Gary Horton said Jackson stayed out of trouble from 2003 until 2009, when he lost his home and seemed to go into a tailspin. He said Jackson was so drunk the night in broke into Holland High Lift that he had a blackout and remembers nothing about it.

When asked by Noonan if he wanted to make a statement before sentencing, Jackson said, "Sir, I don't really remember that night. If I did, I should not have done it. Other than that, I'm sorry."

Most of Holland High Lift's losses were covered by insurance, but there was a deductible and a damaged motorcycle that was not covered. Jackson was ordered to pay $2,500 in restitution.

A Rochester man accused of breaking into the home of a former friend and threatening the woman with a knife had his bail set at $50,000 today by Genesee County Court Judge Robert C. Noonan.

Robert Thigpen III, 35, of 287 Flower City Park, Rochester, was jailed without bail after his arrest because with his prior felony conviction, a city court can't set bail.

Noonan set a fairly high bail because of the seriousness of the offense and the prior felony conviction, but also raised a concern that Thigpen will face a more serious charge of burglar, 1st, rather than the current burglary, 2nd, charge, when the case goes to the grand jury.

"The facts in supporting documents would support a burglary, 1st, charge," Noonan said. "I’m not sure if it will shake out that way, but it has the possibility of very serious consequences for Mr. Thigpen."

Thigpen is also charged with menacing, 2nd.

The alleged attack occurred last week on State Street.

The defendant resident has been living and working, including running his own cleaning business, in Rochester for two years.

Contractors working for the state Department of Transportation began working on Ellicott Street, Batavia, this morning.

A 1.7-mile stretch will be milled and resurfaced. By the end of the project, the four-lane roadway will be reduced to three lanes and bike lanes will be added.

Alexander Agapii, 31, of Penfield, is charged with sexual abuse, 3rd. Agapii is accused of touching a 14-year-old girl without her consent while on the Lazy River Ride at Darien Lake. Agapii was jailed on $250 bail.

(name redacted upon request), 24, of Tracy Avenue, Batavia, is charged with two counts of criminal contempt. xxxx is accused of getting into an argument with his girlfriend. He allegedly "racked" a shotgun and pointed it at her. After the incident was reported, a warrant was issued for his arrest. He later turned himself in.

Bernard A. Buckenmeyer, 46, of Alexander, is charged with DWI and driving with a  BAC of .08 or greater. Buckenmeyer was stopped by State Police at 9:25 p.m., Sunday, on Hunn Road in Alexander.

A caller reported seeing black smoke coming from a residence on East Main Street.

A first responder says the smoke is coming from the second floor of 318 E. Main St., Batavia.

A second alarm has been requested.

UPDATE 12:55 a.m.: On scene, whatever fire there was -- and there was clearly a fire -- was extinguished pretty quickly. Fire personnel were overheard saying the apartment where the fire was located was vacant, but questions about the fire were referred to Chief James Maxwell, who was not on scene. The building has six mailboxes. There was no evidence that any residents were home, and the open upper windows gave the appearance of vacant apartments or offices. Firefighters forced access into the doors of the front office, and upstairs spaces as well as the basement, to check for any additional fire. A few minutes ago, an investigator on scene (heard over the scanner) asked to speak to the original caller.

MORNING UPDATE: The fire caused an estimated $20,000 in damage. The fire was in the kitchen with extension up an interior wall. In this morning's press release, there is no mention of cause or origin. Confirmed, the building was vacant. The fire is under investigation by the police and fire departments.

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At 4:35 p.m., City Fire responded to a report of a fire at 216 Ellicott St., Batavia. A caller reported smelling and seeing smoke. A person may have been yelling, "fire."  It turned out to be a stove fire that was extinguished before city crews arrived. The building was ventilated and City Fire was back in service by 5:05 p.m.

If you like good wine, you'll love a new event coming to downtown Batavia in early October. The premier of the "Taste of Fall Wine Walk" will introduce you to 15 of the finest wines produced in Western New York.

And it will give you a chance to take your own sweet time visiting 15 participating businesses and see what they have to offer. Mark your calendar for Saturday, Oct. 2, anytime from 5 until 9 p.m.

Tickets are $15. The Wine Walk ends with a raffle for prizes.

It is sponsored by the Batavia Business Improvement District (BID) in partnership with the Genesee County Chamber of Commerce.

The self-guided tour begins at the chamber office -- at 210 E. Main St. -- where each person will be given an etched wine glass and a program to guide them from location to location.

There will be plenty of hors d'oeuvres to sample along the way, too.

In preparation, businesses will be going autumnal in decor. BID Executive Director Don Burkel said that he and the BID Promotional Committee hope to get started with decorating after Sept. 11.

Burkel also said that anyone who'd like to help decorate is more than welcome.

"Just give us a call," he said, adding, "We'd like to see the businesses get creative with this. For example, each business might have a different type of scarecrow to distinguish itself."

Michael Anthony's Salon & All-Star Barbershop is way ahead of things. The proprietor has gone well beyond scarecrows, creating stunningly beautiful wreaths and floral arrangements that he made himself. He also sells the needful beauties. Many are on display in the salon and he crafts custom-made ones as well.

The impetus behind the Wine Walk, according to Dawn Ireland-Monsees, the chamber's tourism information coordinator, is to promote Batavia as "a great place to be in the Fall."

"It's also a great social opportunity and a reason for people to get together in small groups," Ireland-Monsees said. "Wine tours have always proven to be very popular."

Did you know that Western New York is second only to California in wine-grape production in the United States? And it offers wines that can stand up to long-famous European vintners, particularly its white varieties.

The regional portfolio includes perennial favorites like Chardonnay and Cabernet Sauvignon, but also Gewurztraminer, Viognier, Pinot Gris, and more.

Forget about "forward" "nose," "finish" and other wine terminology used by aficionados. Most wine experts say a good wine is simply one you enjoy. Price does not necessarily dictate taste.

Tickets can be purchased on the evening of the event, in advance at the chamber or at these businesses:

• Adam Miller's Toys & Bicycle, 8 Center St.
• Michael Anthony's Salon, 43 Jackson St.
• Next Level Fitness, 85 Main St.
• The Daily Grind, 85 Main St.
• Valle Jewelers, 21 Jackson St.

You may also reserve your tickets by calling the BID at 344-0900 or the chamber at 343-7440.

For more information, visit www.downtownbataviany.com.

James C. Oehler, 18, of Route 19, Bergen, is accused of possession of stolen property, 5th. At 9:16 p.m., Sunday, Oehler was allegedly found in possession of a dirt bike that was reported stolen from a residence in the Village of Bergen on July 25.

James Anthony Marchegiano, 22, of Westside Drive, Chili, is charged with a DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Marchegiano was stopped at 11:36 p.m., Friday, on Sumner Road by Deputy Chad Minuto. Marchegiano was allegedly observed driving his car in an erratic manner in the parking lot following the Rascal Flatts concert at Darien Lake.

Grant Arnold Sundown, 46, of Skye Road, Tonawanda Indian Reservation, is charged with criminal mischief. Sundown allegedly punched another person in the head. When that person attempted to call 9-1-1, Sundown allegedly ripped the phone line from the wall while the caller was on the phone with Genesee County Emergency Dispatch.

Steven James Scott, 19, of Ford Road, Elba, is charged with trespass and unlawful possession of alcohol by a person under 21. Scott was allegedly on the property of College Village at 12:52 a.m., Friday, without permission.

Narciso Gullen, 36, of Route 98, Elba, is charged with possession of a forged instrument, 2nd. Gullen allegedly tried to use a forged federally issued residency card. He was jailed on $10,000 bail.

Richard Anthony Orlando, 31, of Cable Street, Buffalo, is charged with criminal mischief and unlawful possession of marijuana. At 12:30 a.m., Sunday, deputies responded to a report of a verbal domestic incident at a campsite in Alexander. Orlando allegedly smashed a television set and a fan and turned over a refrigerator. Orlando was jailed on $150 bail.

Joseph Aaron Monkelbaan, 38, of Pratt Road, Batavia, is charged with trespass. Monkelbaan is accused of going onto a neighbor's property at 7:21 p.m., Friday, without permission and causing a disturbance.

Kevin A. Hutzler, 21, of Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hutzler was stopped by State Police at 8:41 p.m., Thursday, on Colby Road.

Anthony R. Cogdill, 40, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Cogdill was stopped by State Police at 9:23 p.m., Thursday, Harper Road, Alexander.

Richard J. Rookey, 77, of Batavia, is charged with DWI, aggravated DWI and moving from lane unsafely. Rookey was stopped by State Police 8:14 p.m., Wednesday, on Clinton Street and East Avenue.

James V. Wells, 25, of Batavia, is charged with resisting arrest and disorderly conduct/obscene gestures. Wells was arrested by State Police at 12:24 a.m., Wednesday at College Village. No further details were released.

On the way back home from the fire on Roanoke Road, Stafford, yesterday, of course I stopped along the way to take some pictures.

Above is a series of barn and silo structures on Sweetland Road, Stafford.  Below, the back of the barn at Ellicott Street Road and Stafford-Batavia Townline Road, and under that a railroad mile marker along the railroad track next to Lehigh Road, Batavia.

BTW: If you like my photography, you might enjoy the photoblog I set up: Vufindr.com. Of course, many of the shots will have appeared on The Batavian, but I set up Vufindr.com to allow for larger format pictures.

A 12-year-old motocross rider is reported to have neck and back injuries after crashing at Area 51.

That's on Harloff Road in Batavia. East Pembroke fire and Mercy EMS responded. Mercy Flight is deemed not needed.

A driver says he glanced down at his gas gauge and then didn't see a car in front of him slowing to make a turn, causing a rear-end accident on West Main Street in Batavia on Friday.

Nicholas J. Fenner, 19, of Clarence, was cited for allegedly following too closely.

Four people in the car Fenner reportedly hit were transported by ground ambulance to UMMC with non-life-threatening injuries: Shartanay R. Gibbs, 19, of Batavia (the driver of the second vehicle), Farah St. Cloud, 18, Delore Opoku-Boateng, 18, and Kyla R. Preston, 18.

Also in the second car, but not injured, was Shaday D. Gibbs.

There were no passengers in Fenner's car.

Shartanay Gibbs was cited for allegedly driving without a license.

The accident was investigated by Deputy Chad Minuto.

(initial report)

A woman has possibly suffered a back injury in an ATV accident at 3500 Harloff Road, Batavia.

That's the location of Polar Wave.

East Pembroke Fire and Mercy EMS are responding.

UPDATE 7:21 p.m.: Mercy Flight requested to the scene.

UPDATE 7:49 p.m.: Mercy Flight in route to Strong Memorial Hospital.

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A fight in progress is reported outside of 433 E. Main St. in the City of Batavia.

Batavia police are responding.

A car into deer accident is reported at Ross and Main street in the City of Batavia. No word on whether the occupant(s) is injured.

An automatic alarm of fire sounded a short time ago at the new Med-Tech building near GCC.

Town of Batavia is responding, and first responder requested a responding fire truck position itself next to a fire hydrant. He reported condensation on one of the windows.

A key holder (somebody with emergency access to the building) is responding.

UPDATE 1:11 a.m.: The alarm is sounding from an elevator shaft.

UPDATE 1:13 a.m.: "It's very steamy." (Not sure of the context of that statement.) The key holder is on scene.

UPDATE 1:14 a.m.: "Second floor clear. No type of steam atmosphere up here."  Responder has made entrance to elevator room. "Nothing showing." Maintenance person reports "they poured concrete this morning." Checking the rest of the building.

UPDATE 1:19 a.m.: Crews are double-checking the entire building, but the drying concrete seems to be the cause of the alarm.

A two-vehicle accident is reported at 385 W. Main St., in front of Denny's Restaurant in Batavia.

One person is reported to have a neck injury.

Batavia fire and Mercy EMS are on scene.

East Pembroke Fire and Mercy EMS are responding to a motor-vehicle accident with injuries at West Main Street and Kelsey Road. A victim is, or was, in the roadway. 

Mercy Flight is on ground standby, with a 50/50 chance of being able to go to the scene, if called, due to weather conditions.

UPDATE (3:18 p.m.): Emergency responders report the injuries are not life threatening.

UPDATE (3:26 p.m.): Six people and two vehicles were involved. Four people were taken to hospital(s) via ambulance and two others were evaluated/treated at the scene.