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Local history buff now officially in charge at Holland Land Office Museum

By Howard B. Owens

Jeffrey Donahue, who spent more than 35 years working in local media, has been named full-time director of the Holland Land Office Museum.

Donahue has been serving in that capacity on an interim basis for several months. The HLOM board approved his permanent position earlier this week.

For anybody who has visited the museum recently and had the good fortune to have Donahue provide the museum tour, it's clear Donahue knows local history thoroughly and is passionate about it.

"I always say history is like producing a television show," said Donahue, who worked for 25 years as a producer, editor and photographer for the Batavia cable channel. "People come into the museum expecting to be told a story, a story of history, and that's what you do in television. You tell a story."

Donahue also spent 10 years with WBTA.

Bob Turk, president of the HLOM board, said the board is confident Donahue will continue to be a real asset to the museum.

"We are very pleased that Jeffrey accepted the position," Turk said. "Not only does Jeffrey posses a great knowledge of local history but also has the vision to move the museum forward."

Reader Photos: Bear visits Batavia tire shop

By Howard B. Owens

A bear seemed to be in the market for a new set of tires yesterday evening, paying a visit to Sloat Tires on Clinton Street Road, Batavia.

The photos were taken by Diane Scott and provided by Todd Sloat.

CORRECTION: The bear was actually shopping for tires THIS MORNING. Yesterday evening, it was reportedly seen checking into the educational opportunities at GCC.

Two Jackson Street residents accused of selling cocaine, marijuana and gun in Batavia

By Howard B. Owens

A pair of Jackson Street residents are accused of selling drugs and a sawed-off shotgun during the course of a month-long investigation by the Local Drug Enforcement Task Force.

The duo was arrested Tuesday following a traffic stop by task force members on Federal Drive, Batavia.

Taken into custody were Marcos A. Torres, 29, and Marissa B. Royse, 20.

Torres and Royse are accused of selling cocaine and marijuana along with a 20-gauge shotgun that had been cut down to make it easier to conceal.

When they were arrested, they were allegedly found in possession of cocaine, marijuana and a 9mm rifle.

Both were charged with criminal sale of a firearm, 3rd, criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Torres and Royse were arraigned in Batavia City Court on some of the charges and ordered held without bail and then arraigned in town court on the remaining charges with bail set at $5,000.

Inmate accused of hiding drugs in digestive system, dealing in the jail

By Howard B. Owens

A Covington man previously arrested for impersonating federal law enforcement agents is now accused of dealing drugs inside the Genesee County Jail.

Local Drug Enforcement Task Force members served Nikko C. Gambino, 42, of Morrow Road, Covington, with a search warrant when he recently showed up at the jail to serve part of his eight-week intermittent sentence.

Gambino was transported to UMMC "in order to execute the search warrant," according to a Sheriff's Office press release.

According to the press release, Gambino had alprazolam and suboxone in his digestive system. When Gambino reportedly passed the substances, he allegedly grabbed a quantity of alprazolam and suboxone and placed it inside his mouth in an attempt to further hide or destroy evidence.

Gambino was charged with two counts of criminal possession of a controlled substance, 5th, one count of promoting prison contraband, 1st, tampering with physical evidence and possession of a controlled substance not in its original container.

Following arraignment of Town of Batavia Court, Gambino was returned to Genesee County Jail without bail.

Four suspected drug dealers nabbed in two-county, two-month investigation

By Howard B. Owens

Three suspected drug dealers were taken into custody in Byron on Wednesday after at least one of them was allegedly involved in a drug transaction with an undercover agent.

The undercover operation in Byron was the culmination of a two-month long investigation by the Genesee County Local Drug Enforcement Task Force and the Orleans County Major Felony Crime Task Force.

Arrested were Richard L. Conte, 19, of 723 S. Main St., Medina, Reynoldo Melendez Jr., 23, of 75 Arnett Blvd., Rochester, and Louis Staples, 17, of 75 Arnett Blvd., Rochester.

All three were transported to the Genesee County Jail and held on $50,000 bail each.

Following those three arrests, a fourth suspect was arrested in Clarendon. 

Investigators executed a search warrant at 4955 Holley-Byron Road, Clarendon, where Kristina A. Brongo, 19, a resident of that address, was taken into custody.

The four alleged dealers are suspected of illegally selling mostly prescription drugs in both Orleans and Genesee counties.

Task force members seized a quantity of drugs, including oxymorphone, also known as opanas, oxycontin and morphine with a street value in excess of $3,000.

Also seized was a quantity of marijuana along with $1,000 in cash, scales, packaging and other drug paraphernalia.

Besides the four suspected drug dealers arrested, two teenage girls, whose names were not released, were apprehended during the investigation and cited for alleged unlawful possession of marijuana.

Conte, Melendez and Staples were all charged with one count each of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of a controlled substance, 4th.

Brongo was charged with criminal possession of a controlled substance, 3rd, and criminal sale of marijuana.

Photos: Conti, top, Melendez and Staples.

Five children injured in car accident in Darien

By Howard B. Owens

Five children where injured in a two-car accident on Thursday afternoon when a 17-year-old driver in Darien allegedly failed to yield the right-of-way.

All five children, ages 9 to 13, were transported by ground ambulance to Erie County Medical Center with non-life threatening injuries.

The 17-year-old driver, Dean G. Cullinan, of Prospect Street, Corfu, also suffered a minor injury and was transported to UMMC.

Cullinan was reportedly southbound on County Line Road when he went through a stop sign at Sumner Road.

Kelly Susan Ford, 45, of Fairfield Drive, Clarence, was driving a 2011 Honda SUV eastbound on Sumner with the five children in the vehicle.

Ford told Deputy Ron Meides that Cullinan's 1995 Plymouth minivan seemed to suddenly appear in front of her at the intersection. She couldn't tell, she said, if the minivan had stopped before entering the intersection.

Cullinan told Meides that he had stopped and decided to proceed once he thought the roadway was clear of cross traffic. He said he didn't see Ford's SUV.

The children injured were Kristen H. Olivieri, 9, Clarissa Surianello, 13, Mara K. Giambrone, 13, Emily E. Ford, 13, and Katherine L. Ford, 11.

Meides issued citations to Cullinan for allegedly failing to stop at a stop sign and failure to yield the right-of-way.

(initial report)

Photo: Settler's owner celebrates 60th birthday

By Howard B. Owens

Before going out for a early evening drive, I stopped by Billy Goats where a birthday party for Steve Spyropoulos was just getting started.

Steve, who turned 60 today, and his son, John, own Settler's Restaurant and Billy Goats.

Steve was proudly serving up BBQ chicken and ribs and I got there just in time for a couple of slices of gyros -- the best gyros you've ever had. And if you've never had gyros, I suggest stopping into Settlers and asking for it. It's not always available and never on the menu, but according to John there will be some gyros specials coming up soon.

Even though it was Steve's birthday, he said the extra food spread was his way of thanking customers for their support.

Batavia counterfeiter will serve from three to six years in prison

By Howard B. Owens

A 28-year-old Batavia man who has set up computers and printers to help him print forge U.S. Currency will spend from three to six years in state prison.

Lendle R. Tucker was arrested in January and caught by members of the Local Drug Enforcement Task Force with equipment he used to forge money and $940 in fake money.

Tucker, initially charged with 42 counts of criminal possession of a forged instrument, entered a guilty plea in April to possession of a forged instrument, 2nd.

The admitted counterfeiter has been in this type of trouble before. He was convicted of a misdemeanor in Batavia previously and has convictions in Erie County and other states. Tucker has spent the past year in an Erie County jail.

Public Defender Jerry Ader sought leniency in Tucker's sentence, but District Attorney Lawrence Friedman argued that Tucker should receive the maximum sentence available under the plea deal.

Judge Robert Noonan took a dim view of Tucker's criminal record.

"You certainly have a terrible criminal record," Noonan said. "I think you should be counting your lucky stars for getting any plea reduction at all."

Tucker's wife doubled over in tears as the felon was escorted from the courtroom. 

This post based on the reporting of The Batavian's news partner, WBTA.

Police identify subject of ATM vote, clear case

By Howard B. Owens

The photo was blurry and pixelated, but posting it on The Batavian was apparently sufficient enough to help identify the subject in the picture.

Officer James DeFreze thanks The Batavian readers for their assistance and wanted everybody to know the case was cleared, though no criminal charges were filed nor anticipated.

Political student from Batavia launches first election campaign in front of city hall

By Howard B. Owens

Dan Jones, a regular contributor to The Batavian, announced Wednesday he will mount a primary challenge against a council candidate already endorsed by city Democrats.

While accusing unnamed Democrats, who are apparently opposed to his candidacy, of already fighting dirty, Jones promised an issue-oriented campaign.

"I believe in order for the city to move forward, council must support policies that are progressive, fiscally restrained and totally transparent," Jones said.

While Jones is endorsed by the Conservative Party, he is taking on Kathryn Balbick Bellamy, endorsed by the Democrats, in a Third Ward primary.

Jones was joined in front of Batavia City Hall on Wednesday by Assemblyman Mark J.F. Schroeder and Councilwoman Rose Mary Christian.

"Dan Jones loves this business," said Schroeder, whom Jones worked for as an intern in Albany. "He loves the business of governance. He loves to help constituents. He loves politics."

A recent graduate of Canisius College, where he majored in political science, Jones was born and raised in Batavia and professes a love for the community and concern about its future.

Besides joining in the conversation on The Batavian -- something he promises to continue doing, even after elected -- Jones has been seen at many city council meetings over the past three years and has spoken out on issues from the ambulance service to consolidation.

Jones, 23, says he is self-employed.

Christian, also a Democrat, said she is supporting Jones because he is involved and outspoken.

"He's not afraid to speak out," Christian said. "Even some of my colleagues are fence sitters who won't take a stand unless somebody tells them where to go. That's not me and that's not this young man."

Jones said he is seeking office with high ideals and an ambition to do what he believes is best for Batavia.

"I seek this office not so it becomes another notch on my resume," Jones said, "I seek this office not because I believe I have a popular last name or because I feel I am entitled to it. I seek this office not for revenge. I seek this office because I believe that Batavia needs to be a leader in our region, and indeed the entire state, in having good government that's responsive to the needs of all of its citizens."

Below, video of the event produced by The Batavian's news partner, WBTA:

Le Roy man dies in Wyoming County accident

By Howard B. Owens

A Le Roy resident was killed in a motor vehicle accident Wednesday on Wethersfield Road, Town of Wethersfield, Wyoming County.

According to the Wyoming County Sheriff's Office, Phillip B. Ellinwood, was heading east on Wethersfield Road when he attempted to pass another eastbound car. Ellinwood's car went off the north shoulder of the road and struck a tree.

Ellinwood was pinned in the vehicle. He was extricated by members of the North Java Fire and Rescue Department.

He was then transported to Wyoming Community Hospital.

The press release reads, "Despite life saving efforts by emergency room personnel Ellinwood died from his injuries."

The accident was invested by the Wyoming County Crash Management Team.

No further details were released.

Mercy Flight dispatched to Elba for a medical call

By Howard B. Owens

Mercy Flight is being dispatched to 4199 Maltby Road, Elba, for a medical call.

The initial call was to a residence on Mechanic Street.

Elba Fire Department is requesting additional manpower to set up the landing zone at Torrey Farms.

 


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Attorneys react to decision dismissing case against Chris Charvella

By Howard B. Owens

Melissa Cianfrini says, naturally she's disappointed the case was dismissed against Chris Charvella. As assistant DA, she was given the task of prosecuting him on an aggravated harassment, 2nd, charge because Charvella placed a phone call to Legislator Jay Grasso,

"I obviously respect the court and the court's decision, but I respectfully disagree with the reason behind it," Cianfrini said.

Town of Batavia Justice Mike Cleveland wrote in his decision, "Mr. Charvella's call was made to Mr. Grasso on a number not only listed in the public phone book but also listed on the Genesee County Legislature's list of public official contact numbers. It was not an anonymous or random call. It was not 'absent of expression of ideas or thoughts.'

"The factual allegations in this case," Cleveland concluded, "do not constitute a violation of the charge of PL 240.30-2.

The written decision dismissing the case is only two pages long and doesn't directly touch on any of the free speech or First Amendment issues raised by Charvella's defense attorney, E. Robert Fussell.

But Fussell said that just because Cleveland didn't mention the First Amendment doesn't mean that case law based on the First Amendment isn't the foundation of his decision.

Fussell said he believes the case law that led to Cleveland's decision is based on First Amendment protections.

He said prior cases interpret the clause in the law that says for "no legitimate purpose" to mean that a call must be entirely for the purpose of annoying or threatening to constitute harassment.

"Underlying the decision is that you can't charge somebody for just making a phone call," said Fussell. "What the courts are really saying is that the charge must pass First Amendment muster."

Cianfrini said, however, that she still doesn't believe this was a free speech case. It was about a private phone call placed to a private residence.

"This was about somebody saying something in private," Cianfrini said. "It was not something that was said in public, so it's not a free speech issue."

She was not the original ADA on the case, inheriting it after a change of venue from Le Roy to Town of Batavia, so the actual charge against Charvella wasn't a decision she made. During oral arguments, Cianfrini briefly raised the specter of filing a different charge, if necessary, against Charvella. Today, Cianfrini said there are no plans in the DA's officer currently to pursue the case further.

Grand Jury Report: Man accused of running another car off the road

By Howard B. Owens

William E. Gratehouse III, is indicted on charges of criminal mischief, 2nd, reckless endangerment, 2nd, menacing, 2nd, unlawful imprisonment and endangering the welfare of a child. Gratehouse is accused of intentionally striking a 1998 Dodge Intrepid owned by another person on March 17. Gratehouse allegedly forced the car off the road after striking it. He also allegedly brandished a semiautomatic pistol during the incident and prevented the alleged victim from leaving the area. There allegedly were children in the car at the time.

John R. Sherman is indicted on charges of felony DWI, aggravated driving with a BAC of .18 or greater and driving with a BAC of .08. Sherman is accused of driving drunk Jan. 7 on Route 5 in Stafford.

Kevin C. Heschke is indicated on charges of felony DWI and driving with a BAC of .08 or greater. Heschke is accused of driving drunk April 7 on Church Street, Le Roy.

Ricky L. Miller is indicted on a charge of burglary, 2nd. Miller is accused of entering a residence on Jackson Street, Batavia, on June 7, with the intent to commit a crime.

Dana D. Hagen is indicted on charges of felony DWI and aggravated driving with a BAC of .18 or greater. Hagan is accused of driving drunk Jan. 12 on Fotch Road, Stafford.

No Bill: The grand jury found insufficient evidence to charge Thomas B. Streamer with assault, 2nd, and assault, 3rd, stemming from an alleged incident in the Town of Le Roy on Jan. 23.

City PD announces five arrests at DWI check point

By Howard B. Owens

The night of Tim McGraw concert at Darien Lake, the Batavia PD set up a sobriety check point on Pearl Street and made five arrests.

All five arrested had attended the concert, according to Chief Randy Baker.

Charged were:

  • Matthew Perry, 18, of Batavia, charged with DWI;
  • Geoffrey Howe, 28, of Auburn, charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation;
  • Matthew Malloy, 22, of Batavia, charged with DWI;
  • Christopher Vandusen, 38, of Kendall, charged with DWI;
  • Thomas Boughner, 28, of Spencerport, charged with DWI and open alcohol beverage container in a motor vehicle.

The traffic detail was supported through the Genesee County Stop DWI program.

Baker said the city PD will use check points and DWI patrols on holidays and throughout the summer to help combat drinking and driving.

Hochul represents WNY in Beltway softball game

By Howard B. Owens

On June 19, newly minted NY-26 Rep. Kathy Hochul attended the Batavia Muckdogs game at Dwyer Stadium. It's the kind of thing that I'd normally cover with a picture, but it was Father's Day and my birthday so I took my Dad to the game. I didn't take my camera. It was time off. Still, it was nice chatting with Kathy and Bill Hochul. Kathy went to the game to get herself mentally ready to play on the Women's Congressional Softball Team in a match against an inside-the-Beltway media team in a charity game. I asked her press aide Fabien Levy to send along a picture from the game.  

Police Beat: Crowbar allegedly used in assault in Le Roy

By Howard B. Owens

Dennis Dale Holcomb, 44, of West Bergen Road, Le Roy, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Holcomb is accused of striking another person on the back of the head with a crowbar. Following arraignment in Le Roy Town Court, Holcomb was committed to the Genesee County Jail without bail.

Christopher C. Say, 20, of 41 Maple St., Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Say is accused of choking a woman during a domestic dispute in front of her children at 9 p.m., Tuesday.

Donald Joseph Pursel, 42, of Upton Place, Rochester, was arrested on a warrant out of Genesee County Court. Pursel is accused of failing to pay a fine. He was arrested by Rochester PD and turned over to the Sheriff's Office. (NOTE: Pursel appeared in court yesterday and after the ADA and his attorney reached an agreement regarding his release, Judge Robert Noonan signed an order authorizing his release.  What was notable is that Pursel's case goes back to a time when Noonan was the District Attorney, so he had to recuse himself from any further proceedings in Pursel's case. Another judge will need to hear the matter.)

Michael William Hall, 24, of Havenwood Drive, Brockport, is charged with DWI, aggravated driving with a BAC .18 or greater and parked on the roadway. Hall was allegedly found sleeping in his car at 12:59 a.m., Tuesday, by Deputy John Weis while it was parked in the westbound lane of Sackett Road, Town of Bergen.

Cassondra Niccole Majors, 18, of Myrtle Street, Le Roy, is charged with possession of alcohol under age 21. Majors was arrested at 11:47 p.m., Monday, in Burnnell Park on Summit Street, Le Roy.

William Gary Strait, 27, of 2803 Retsof Road, Retsof, is charged with DWI and aggravated driving with a BAC of .18 or greater. Strait was stopped at 2:43 a.m., Sunday, by Officer Fox, Le Roy PD, on Main Street in the Village of Le Roy.

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