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Store owner helps catch man who allegedly tried to steal adult DVDs

By Howard B. Owens

An apparent attempt to steal DVDs from an adult product store on Ellicott Street led to a search of the Buell Street neighborhood this afternoon.

A Batavia Police officer believed the man ran into a wooded area near train tracks off of Edward Street and the search was called off. 

A short time later, the owner of Pandora's Boxxx, 4818 Ellicott St., Batavia, drove down Edward and spotted a man fitting the description of the suspect.

The store owner remained in his car, called 9-1-1 and followed the suspect down Edward and into the Elmwood/St. Joseph Cemetery.

Uniformed and plain clothes officers from the Sheriff's Office and the Batavia Police Department arrived on scene and at about that time the suspect decided to try to run.

He was apprehended quickly.

The man is identified as Micahel J. Piasta, 30, of East Main Street, Batavia.

He is charged with attempted petit larceny.

The store owner praised his employee for providing an exact description of the suspect to Deputy Chris Parker, who handled the investigation.

(initial report)

Photo: Sign of the end times

By Howard B. Owens

Batavia resident Frank VanApeldoorn was positioned on Ellicott Street this afternoon with his religious sign. VanApeldoorn said today wasn't the first time he's stood in front of the former Dellapenna building with his sign. He's also travelled around the region, and even around the country, with his sign. VanApeldoorn, a member of Calvary Baptist Church on Galloway Road, said he likes the Dellapenna's location because it's visible, but still out of people's way and, "It's where God put me."

Man accused of raping girl and taking pictures

By Howard B. Owens

A 21-year-old Holland Avenue resident has been arrested by Batavia Police and accused of rape.

Detectives say Michael Lanham had consensual (see clarification below) sex one time with a 15-year-old girl, and on another occasion forced himself on her.

Both incidents occurred in July, according to Det. Kevin Czora and Det. Todd Crossett.

Lanham is also accused of taking and possessing explicit pictures of the girl.

He is charged with rape, 1st, rape, 3rd, promoting sexual performance with a child and possessing sexual performance with a child.

Lanham is being held in Genesee County Jail without bail.

CLARIFICATION: The original press release said one of the sex acts was "without consent," and I changed that into "consensual," which legally means something different. The girl, being underage, can't have consensual sex. Det. Czora clarified it this way: "On one occasion, there was no 'force' used, and the charge was based on the ages of the defendant and the victim. On a second occasion, she was considered legally 'physically helpless' and her age was not a contributing factor."

Car and person in accident on Ellicott Street

By Billie Owens

A motor vehicle accident involving either a pedestrian or bicyclist is reported on Ellicott Street in front of the courthouse.

Batavia Fire Department and Mercy EMS have responded.

The person who wasn't in a vehicle is walking and complains of knee pain.

Former Batavia councilman and reporter team up to unravel mystery of Amelia Earhart

By Billie Owens

Former Batavian Barry Bower and Batavia Daily News reporter Virginia Kropf will explore the mysterious disappearance of aviation pioneer Amelia Earhart next week at the invitation of GO ART!

The event is part of the regional arts council's popular Salon Series.

Titled "The Cryptographers: Barry Bower & Virginia Kropf," it will take place at 6 p.m. on Tuesday, Aug. 10 in the Gathering Room of the Shirt Factory Cafe, located at 115 W. Center St., in Medina.

A contribution of $20 for non-members and $18 for GO ART! members is requested. Reservations are required and can be made by phone at (585) 343-9313, e-mail at info@GOart.org, or by stopping in to GO ART!, Seymour Place, 201 E. Main St. in Batavia (open 9 a.m. to 4 p.m. weekdays).

Amelia Earhart disappeared July 2, 1937. She became the first woman to win the Distinguished Flying Cross after being the first woman to solo across the Atlantic Ocean.

Earhart worked to inspire and help women interested in flying careers and formed the Ninety-Nines, an organization for female pilots. She disappeared over the Pacific Ocean while attempting to circumnavigate the world. Her mysterious disappearance has been a source of speculation and conspiracy theories ever since.

Barry and "Ginny" will share what tantalizing clues they have uncovered in their quest to decrypt this riveting legend. Barry is a former City of Batavia councilman who now resides in Pennsylvania and devotes most of his time to researching Earhart's disappearance. When not working for The Daily News, Ginny has also devoted a lot of time piecing together clues of this famous mystery.

This Salon is paired with a themed dinner that includes "airline" chicken, fresh fruit and bread and dessert. Refreshments, wine and beer included.

Limited edition posters of Roz Hayes' original painting that depicts Amelia Earhart will be available for sale!

The Genesee-Orleans Regional Arts Council (GO ART!) is a private nonprofit organization, which believes that art and culture enriches, inspires and educates, while strengthening a community's identity.

Therefore, GO ART! initiates a broad range of opportunities for artists and cultural organizations, and facilitates cooperative efforts among the cultural, business, service and educational communities for the people who live in and visit Genesee and Orleans counties.

Target, Salvation Army team up to help kids gear up for school

By Billie Owens

Thirty Batavia students have been awarded a Back-to-School Shopping Spree from Target and The Salvation Army.

They are among the more than 12,000 kids nationwide who will each receive an $80 Target GiftCard to buy school supplies.

From 8 to 11 a.m. on Tuesday, Aug. 30, the local students will have the opportunity to visit the Batavia Target on Veterans Memorial Drive. They will get to buy backpacks, calculators, pens and pencils, art supplies, binders, clothing and other must-have supplies just in time for back-to-school.

Each child will also be given a reusable Target shopping bag and be paired with a volunteer chaperone for their fun day of shopping.

Police searching for subject between Ellicott and Cedar streets

By Howard B. Owens

Batavia Police are looking for a subject in the area of Buell Street, west of Cedar Street.

The subject may have committed a petit larceny at Pandora's Boxxx on Ellicott Street.

A partial description, a white male with a tanned complexion wearing a plaid shirt and gray undershirt.

UPDATE (3:25 p.m.): The owner of Pandora's Boxxx reportedly spotted the suspect and followed him down Edward Street, where he ran into Elmwood/St. Joseph Cemetery. Police arrived and he tried to escape but appeared to run out of energy, or willpower, and was quickly apprehended.

Batavia wallet thief enters guilty plea

By Howard B. Owens

A Batavia man who stole a wallet from a car on Gateway Drive and used credit cards to make purchases at stores on Veterans Memorial Drive is facing two to four years in prison after pleading guilty in Genesee County Court today.

Kyle C. Monroe admitted in court that he stole the wallet and removed a credit card and a debit card, he also admitted to a violation of probation.

Monroe was convicted of possession of stolen property, 4th, on March 9 and is now considered a second felony offender for purposes of sentencing.

Defense Attorney Jerry Ader asked that his client be released under supervision so that Monroe can take care of some personal matters before going away to prison. Ader said that Monroe has been living with his girlfriend on State Street Road and started classes at GCC before his last arrest.

"I won’t forgo the possibility of release, but that doesn’t sound like a promising plan," Judge Robert Noonan said.

Bail on the larceny case is set at $5,000 and bail on the probation violation is $10,000.

Sentencing was set for Sept. 23.

Previous coverage:

Police Beat: Drug charges filed against former Hutchins Street residents

By Howard B. Owens

Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)

Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.

A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.

Photos: National Night Out at Austin Park

By Howard B. Owens

Community members young and old came to Austin Park tonight for Batavia's "National Night Out," a chance for residents to mingle together, see old friends, make new ones, learn about public safety issues, have their children receive ID cards and play a few games and enjoy some local music.

More pictures after the jump:

Oakfield volunteer ambulance responds to call in Batavia

By Howard B. Owens

An interesting situation arose tonight that's just kind of worth noting for the record: Mercy EMS ran out of ambulances.

When a girl fell from a scooter on Summit Street at about 10:45 p.m., just a block from UMMC, a dispatcher asked Batavia City Fire who should respond. The city asked for Oakfield.

Seconds later, a Mercy EMS ambulance noted they were in service (meaning free to take a call). The dispatcher asked city fire if Mercy EMS should respond. City fire responded that it was only a "BLS call" (basic life support).

Dispatch informed the Mercy EMS unit that Oakfield was responding. The unit, with a siren blaring in the background, informed dispatch it was only three minutes out. The dispatcher responded that the agency with jurisdiction had already requested Oakfield.

Oakfield's ambulance was on scene within minutes and had the patient quickly transported to UMMC.

I can't think of another time in which I've personally heard a volunteer ambulance service responding to a call in the city since Mercy took over ambulance service.

Photos: Batavia from atop Ladder 15

By Howard B. Owens

At National Night Out in Austin Park this evening, Batavia City Fire Department was on hand with Ladder 15. My joke, pointing to the top, "What's the price of the ride?"

That evolved into permission to get an actual ride high over Batavia aboard the platform of Ladder 15.

Thank you to city fire for letting me get a view of Batavia from such a great vantage point.

Firefighter Bob Fix drove the rig up and back down, and I know he was laughing under his breath when he said, "You know you can let go of the railing. You're wearing a harness."

The wind and any movement causing the bucket to sway wasn't frightful so much as it was disconcerting. I politely declined his offer to not keep one hand on the railing to steady myself.

More pictures after the jump (and more pictures from National Night Out T/K):

 

Mother charged after allegedly making daughter and friend ride in trunk of car

By Howard B. Owens

A Batavia woman is accused of making her 13-year-old daughter and an 11-year-old friend ride in the trunk of her car going to and coming from a bonfire at a friend's house on Old Creek Road this past Friday.

Julie C. Stevens, 57, of 18 Harvester Ave., is charged with two counts of endangering the welfare of a child.

She appeared in Batavia City Court this morning and Judge Michael Delplato required her to take her daughter to the girl's father's house in Perry before imposing an order of protection barring her from contact with the girl while the case is pending.

She was also given time to arrange for representation through the Public Defender's Office.

Stevens is scheduled to appear in city court on Wednesday and enter a plea and receive the order of protection.

In a statement to police, Steven said she had six children riding in her car after they had spent some time playing at the spray park. She said the back seat of her car folds down and there were children sitting on the folded down seats and her daughter and another child in the trunk.

She said they spent two hours at the bonfire.

A mother from Varysburg filed a complaint with city police after one of her children -- who had been left at Steven's house to be babysat -- told her a couple of days later what allegedly happened.

The city court file contains statements from the mother and two of her children, including the 11-year-old boy who was allegedly told to ride in the trunk.

The make and model of Steven's car were not listed in the court file and the information is not available through city police.

The case was investigated by Officer James DeFreze and Officer Jason Davis.

City Church to give out free school supplies this Sunday

By Billie Owens

The City Church in Batavia is going to have a "Back-to-School Giveaway" this Sunday, Aug. 8, at its 10 a.m. service.

A readers writes: "I am so thrilled that an organization is finally realizing that school supplies are such a burden come the time that school starts!

"With a family that has more then one child, it is so hard to afford everything they need for the coming school year."

The church plans to give away folders, binders, pens, pencils, crayons, highlighters... everything needed for going back to school.

The nondenominal church is located at 210 E. Main St. in Downtown Batavia.

For more information, call the church at 343-6895.

Assemblyman Hawley calls on residents to lobby for end to gas price discrepancies

By Billie Owens

Here's a news release sent today from Assemblyman Steve Hawley's office.

For the last two years, I have written numerous letters and made several phone calls to the NYS Attorney General’s Office and personally met with a representative of the office concerning the drastic fluctuation in the price of gas from county to county.

In my letters, I cited the discrepancy of gas pricing and frustration felt by citizens in the 139th Assembly District.

The district I represent consists of all of Orleans County, most of Genesee County, the Town of Somerset in Niagara County and the towns of Clarkson, Parma and Hamlin in Monroe County.

In most instances, the price per gallon of gas is considerably higher in Genesee and Orleans counties than in the surrounding counties. I know there are many variables which determine the price per gallon of gasoline, but with the price per barrel of crude oil falling, this discrepancy should not occur in Western New York.

In his response to my letters, the Attorney General’s Executive Director of Legislative Affairs and State Policy Jim Malatras notified me that the issue of price gauging was still under investigation.

A two-year investigation without a concrete and definitive answer other than “it’s zone pricing” is long enough.

For this reason, I encourage citizens who feel the variance in pricing should be investigated to express your opinions by contacting the NYS Attorney General’s Office or by signing the New York State Consumer Protection Board CPB Gasoline Price Gouging Complaint Form.

Attorney General’s Office
Phone: (585) 546-7430
Website: http://www.ag.ny.gov/resource_center/complaints/complaints.html

NYS Consumer Protection Board
Website: https://www1.consumer.state.ny.us/cpb/GASComplaintForm.html

To drive or not to drive? That is the question (for senior citizens)...

By Daniel Crofts

Watch out for the little old man hobbling along with his walker the next time you're at the store -- he could be dangerous.

Dangerous on the road, that is.

Batavia resident Catherine Roth said she has seen a number of people out in public -- most of them senior citizens -- who drive even though they shouldn't.

"I once saw this man who could barely walk, and he's got an SUV!" Roth said.

Roth is well-known in Batavia for voicing her concerns about elderly drivers. This started with the death of her 30-year-old son almost 20 years ago.

Jim Roth was killed in October 1991 by an 81-year-old man driving the wrong way on Route 481 in Syracuse.

Catherine and her husband, who died two years ago, both worked hard to toughen the rules regarding elderly citizens on the road. Roth defends her position by citing laws in other states -- including "Katie's Law" in Texas, and a New Hampshire law requiring drivers over 65 to be tested every five years -- that regulate and limit senior drivers.

She has caught wind of some resistance to her efforts among Batavia's older population, but she sticks to her guns nonetheless.

"We have all these laws for young drivers," Roth said, "but when we talk about laws for elderly drivers, forget it!"

The trouble is, Roth has come to the point where she herself might have to surrender her place behind the wheel. She will be 90 years old soon, and has concerns about whether or not she should still be driving.

"I've been thinking about giving up driving for the past several years," she said. "When I realized I would be turning 90 and that my license was going to expire (this month), I realized I had to decide whether to renew the license or quit driving."

Roth said she doesn't have any specific problems that compromise her ability to drive safely, but she worries that "reaction time" might slow with age.

"Right now I drive as little as possible," she said. "I drive to Stafford three or four times a week to work at the museum. Everone who's rode with me has said I'm a good driver. But I've already begun to explore different ways of getting around (like taking a taxi)."

Roth actually asked to be re-tested to see if her driving skills were up to par -- her request was denied.

At this point in time, New York State has no system set up for that sort of thing. Re-taking the driver's test is only possible for those who have been reported.

This is an important issue for Roth, because better testing for senior drivers is one of the reforms she and her husband pushed for over the years.

"A lot of times, all it seems to depend on is eyesight," she said. "If someone's eyesight is good, he can mail in his license and get it renewed. That's just wrong!"

She then pointed out that the person in question could have very good eyesight, but at the same time barely have the ability to walk.

Sometimes, according to Roth, even a doctor's caution is unhelpful.

"If their doctor tells them they shouldn't drive, they'll go to a different doctor."

Roth understands seniors' reluctance to give up their licenses and, by extension, their independence.

"I've been without a car for the past week, and it's been driving me nuts!" she said.

Most of Roth's friends are in their 80s and in the same boat. She is far from unsympathetic to the tough decision facing older drivers.

"I know you want your independence -- but darn it, don't kill my son or anyone else."

She shared some recommendations for seniors who would like to continue driving, but not be a danger to other drivers: don't drive at night; avoid streets near schools around the end of the school day; and avoid big cities.

In addition, she listed some decent alternatives to driving for seniors who still need to get around.

"The Office for the Aging has some good programs," she said. "And you can take a taxi in Batavia for about $5. And then there's always the option of turning to friends, but you try not to bother people for little things.

"It's best to do all of your errands in one trip (so you don't have to call your friends whenever, for instance, you need some milk). You try to keep your independence, even if you have to be dependent in some ways."

 ADDITIONAL FACTS ABOUT ROTH:

Roth is on the Board of Trustees for the Stafford Historical Society, and just finished -- after nine years -- serving on the Board of Trustees for Batavia's First Presbyterian Church. She is also a volunteer at the Batavia Cemetery.

A most interesting fact about her is that she is a triplet. She and her two sisters will be celebrating their 90th birthday very shortly.

"As far as we know, we're the oldest living triplets in the United States," Roth said.

Batavia man admits to dealing drugs and now faces prison term

By Howard B. Owens

A lifelong Batavia resident admitted in Genesee County Court this morning that on July 17, 2009 in the parking lot at the corner of North and Bank streets, he sold a quantity of cocaine to an undercover agent.

Dyllon E. Soccio, 20, of 134 Tracy Ave., pled guilty to a single count of criminal sale of a controlled substance, 4th.

Last month Soccio pled guilty to criminal possession of marijuana.

Both felonies carry a maximum sentence of two and a half years in prison. As part of a plea deal, Soccio is eligible to serve the sentences concurrently.

He will be sentenced on Sept. 21.

Dressed nicely in faded light-colored pants and a white shirt, Soccio said little in court today except to answer Judge Robert Noonan's questions.

Soccio was charged in the 2009 sale on July 20, the same day he admitted to possessing marijuana.

The marijuana was found in his residence when it was raided June 23 by the Local Drug Enforcement Task Force. During that raid, agents also found several grams of hallucinagenic mushrooms. Charges related to the mushrooms were waived in exchange for the plea on the marijuana possession charge.

Keuka College 'ASAP' information session at GCC

By Daniel Crofts

Representatives from Keuka College will be at Genesee Community College's Batavia Campus, at 1 College Rd., to talk about the Accelerated Studied for Adults Program (ASAP).

This will take place in Room T121 of the Conable Tech Building from 6 until 7 p.m. on Monday, Aug. 16.

Event Date and Time
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Barn: Old Creek Road

By Howard B. Owens

Today, I came upon this barn -- though I'd seen it before -- on Old Creek Road, Batavia. Today seemed like the right day to take a shot of getting it on film (so to speak).

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