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The mother of Baby Andrew, killed by Melissa Engelhardt  in November 2009, was arrested Tuesday, accused of stealing baby items from Walmart.

Kristen Anne Cianfrini, 26, of Tracy Avenue, Batavia, was charged with petit larceny.

Cianfrini gave birth to another baby several months after Andrew's death.

Engelhardt was Andrew's stepmother and living in Elimira with Andrew's father when she slipped methanol in a sippy cup and gave it to Andrew and then did nothing as Andrew became ill and eventually succumbed to the poison.

When Engelhardt was convicted of manslaughter rather than murder in a non-jury trial, the community rallied around Cianfrini demanding justice for Baby Andrew. 

Chemung County Judge Peter C. Buckley sentenced Engelhardt, who had a history of substance abuse, to 20 years in prison.

Previously:

• Murder charge brought against Elmira woman accused of killing Batavia baby
• Elmira woman convicted of manslaughter in death of Batavia toddler
• Genesee County residents banding together to seek justice for Baby Andrew
• Family of Baby Andrew still shocked by manslaughter, rather than murder, verdict
• Stepmother sentenced to 20 years in death of Baby Andrew

A former Vine Street resident who once seemed to get his life straightened out but then found himself involved with drugs again was told by Judge Robert Noonan today that he will spend four years in state prison.

William J. Butler, 41, of Batavia, previously entered a guilty plea to attempted criminal possession of a controlled substance.

More than half an ounce of crack cocaine was found on Butler when he was arrested by members of the Local Drug Enforcement Task Force on Aug. 26, 2010. Because of the quantity of drugs involved, the implication of the charge is that Butler was dealing drugs.

Butler acknowledged that he blew his second chance after successfully completing parole on a previous conviction.

"In a time of hardship I made a crucial mistake and I'm resentful that I made it," Butler said. "When I saw my daughter, I apologized to her that let her down and I let down the community I live in. It's one of the worst mistakes I've made in my life, especially considering what I learned. There isn't a day that goes by that I don't resent that."

Related: Batavia woman accused of letting drug dealers operate from her home.

Press release:

Batavia, NY: I will announce my intentions tomorrow regarding the open seat in the Third Ward left by the retirement of Sam Barone, who did an outstanding job representing that ward on city council. I will be announcing that I am entering a Democratic primary and that I have been endorsed by the Conservative Party.  The announcement will be tomorrow, June 29th at 6 p.m. outside of Batavia City Hall. I will be joined by Democratic Councilwomen Rose Mary Christian and Kathy Briggs, whom are supporting my campaign. Any and all are invited to attend.

Dan has sent along word that Assemblyman Mark J.F. Schroeder, his former boss and a candidate for comptroller in Erie County, will be joining the press conference.

Sometime within the past three or four days, somebody painted two swastikas on the asphalt in the area of Pekin Road and Batavia Elba Townline Road.

One of them, pictured above, on Pekin Road, was creatively obliterated by the Town of Elba Highway Department, which turned the swastika into meaningless geometrical shapes.

The other swastika is on a county road and highway Superintendent Tim Hens, who wasn't aware of the vandalism when we spoke late this afternoon, said his crews might need to get equally creative.

The Sheriff's Office has taken a report on the incident and Deputy Chris Parker is conducting interviews with residents in the area, but Chief Gordon Dibble said, "at this point, their purpose is known."

Dibble said unless there's a witness, this sort of crime can be difficult to solve.

Anybody with information can contact the Sheriff's Office at 585-343-5000.

A Le Roy man, who was himself badly burned in a fire June 13 at 3 Orchard Drive in the Village of Le Roy, was arrested on a charge of arson, 2nd, today.

Paul F. Atkinson, 42, was released from Strong Memorial Hospital and immediately arraigned in Town of Le Roy Court. He was sent to the Genesee County Jail on $50,000 bail.

Atkinson suffered 1st, 2nd and 3rd degree burns on several parts of his body and has been hospitalized since the fire.

The residence is owned by his father and Atkinson reportedly told police he started the fire following a dispute with his dad.

Several hours before the fire, Atkinson appears to have left a status update on his Facebook page that reads, "everyone can go to hell, tired of this life."

His Facebook profile has apparently since been deleted.

Le Roy Police accuse Atkinson of intentionally setting the fire "while knowing or should have known that two persons were sleeping inside the residence."

Atkinson's sister had to be helped down from a second-floor deck by a Le Roy Police officer and her husband reportedly jumped from a second-floor window, injuring his ankle.

Late this afternoon, Chris Charvella received word from his attorney that Town of Batavia Justice Mike Cleveland has dismissed the aggravated harassment, 2nd, charge he was arrested on in November.

E. Robert Fussell, Charvella's attorney, could not be reached for further information on the dismissal and the town court is closed at this hour, so we can't retrieve a copy of the decision.

Fussell told his client the charges were dropped because of insufficient evidence to support the charge.

"It shows that politicians at any level can't have a person arrested for saying something they don't like, especially, 'thank you,'" Charvella said. 

He added, "I knew since I was arrested on November 11th that I had not committed a crime. I placed my trust in the justice system and I'm glad the system worked."

State Troopers arrested Charvella after Legislator Jay Grasso filed a complaint against Charvella claiming harassment.

Charvella was charged under a provision of the statute that prohibits telephone calls for "no legitimate purpose."

The call Charvella made was to Grasso's home phone, and he left a message that said, "thanks for reading my blog."

The message was in response to somebody leaving a political sign on Charvella's front lawn that made reference to an item Charvella posted on her personal blog. The sign contained the words, "Sharome Glasshole," a reference to one of Charvella's blog posts.

Following the phone call, Charvella posted another item on his blog that showed a picture of an Ewok and read, "prepare your anus."

Assistent District Attorney Melissa Cianfrini argued against Fussell's motion for dismissal on June 10.

Part of Fussell's position was that based on previous case law, the conduct of Charvella didn't rise to the level of aggravated harassment, 2nd, as intended by the statute since there wasn't an ongoing pattern of harassment. He characterized Charvella's speech as protected by the First Amendment.

Today, Charvella called the dismissal a victory for free speech.

Charvella has said previously that he spent $7,000 on his own defense in the case.

Neither Cianfrini nor Grasso were immediately available for comment.

Investigators are still trying to identify one youth believed to have been involved in vandalism at Corfu Intermediate School overnight Thursday.

The damage was discovered by school officials Friday morning, which included damaged ceiling tiles and a broken bulletin board.

It's possible at least three youths were involved, with two juveniles already identified as possible suspects.

Besides the damage, the suspects allegedly stole a bicycle and candy.

The bicycle has been recovered.

Youth Officer John Dehm and Investigator Tim Weis are handling the case.

Anybody with information can call the Sheriff's Office at 585-343-5000.

The owner of a red Corvette involved in a single-car rollover accident at 1 a.m., June 20, has been cited for allegedly leaving the scene of a personal injury accident, according to State Police.

The driver is allegedly Robert R. Davis, 50, of 1355 Main Road, Corfu. Davis is the son of Jack Davis, four-time candidate for Congress in the 26th District and president of I Squared R Element Co., in Akron.

After the accident in the area of 871 Gabbey Road, Pembroke, local law enforcement conducted a search for Robert Davis in the area and on South Lake Road, Pembroke, speaking with residents about his possible location. At one point, an investigator noted that at least one homeowner he spoke with had "honesty issues."

Davis was reportedly with his girlfriend. 

According to Sgt. Kurt Schmitt, the female passenger was eventually treated at Suburban Hospital in Erie County, supposedly taken there by a friend.

The Corvette was impounded at Jim and Bob's Service in Pembroke until Robert Davis surfaced. The car was released to Davis yesterday morning and Davis was issued citations for leaving the scene of a personal injury accident among other alleged infractions.

Jack Davis said he had heard his son was involved in an accident and tried finding out more about it last week, being concerned about his welfare, but hadn't gotten much information.

"He's not gotten back to me," Davis said. "I'm sure he's disappointed in what he's done. It's embarrassing, but all families deal with situations like this."

This isn't the younger Davis' first run-in with the law. In 2009, he was charged with criminal possession of a weapon, 4th for allegedly possessing a switchblade knife. Information is not immediately available on the disposition of that case.

Photos submitted anonymously by a reader.

Rather than pass a law banning smoking in city parks, the Batavia City Council is considering a resolution that will say, in essence, "please don't smoke."

If passed, signs will be posted in city parks saying the parks are no smoking areas, but police will not have the power to arrest a person who refuses to stop smoking.

"If it’s just a resolution, we’re probably going to ask for voluntary compliance," said Chief of Police Randy Baker. 

He also explained, "The police department acts as an agent of the community and we ask people to comply with what the community cannot tolerate. It's up to their (the council's) discretion to provide us the direction they want us to take."

The resolution proposal was discussed at Monday's council meeting as part of a comprehensive approach to cutting down on substance abuse in city parks.

The city will get tougher with alcohol consumption in parks by voting in July on a fast-track ordinance change that would ban alcohol consumption in parks without a permit.

The current law prohibits drinking beer and other adult beverages in the park, but allows drinking in certain designated areas, such as pavilions.

A one-word change in the ordinance would make it illegal to have an open container in the pavilions.

Councilwoman Patti Pacino, for one, welcome the proposed change.

"I do a summer program for kids," Pacino "We serve lunch. And every single day we see the same people sitting in the same pavilions drinking beer. There is nothing I can do about it."

People who want to have picnics and parties in the pavilions can apply for a $25 permit and then serve alcohol, but once the law is amended, police will be able to deal with residents who reportedly gather in the pavilions on a routine basis and just sit and drink day-after-day.

As for the smoking resolution, only Councilwoman Rosemary Christian raised concerns about about a blanket restriction on smoking in parks.

She said she wants to see designated areas for smokers.

Smokers pay for parks, too, she said, and she finds it ironic that one of the community groups pushing to end smoking in parks is GCASA.

"Go down there (to the East Main GCASA location)," Christian said. "It’s all in front of the property, city property, there are butts all over. And these are the people that want us to stop? I don’t think so."

A Chestnut Street resident is facing a petit larceny charge all because he reportedly didn't want to see some woodchucks that had been living in his yard taken away.

To Dale Edward Banfield, 50, of Batavia, the woodchucks were like pets.

To his landlord, they were pests who were destroying his property.

So the landlord hired a nuisance wildlife company to set traps and capture the little critters.

After they were captured and removed Saturday, Banfield drove out to the company's location in Corfu and asked for the woodchucks back.

The owner declined to return the woodchucks, so before leaving, Banfield allegedly grabbed the traps containing the woodchucks and left.

The traps were recovered, according to the Sheriff's Office, but the woodchucks are presumably off some where chucking wood.

No word on where the woodchucks might be, nor how many were trapped.

Banfield was charged with petit larceny and must appear in Town of Pembroke Court on July 12.

Deputy Ron Meides investigated the case of the woodchuck caper.

Late this evening, spotted this sign -- "Mi Rancho Mexican Restaurant" -- on the old Ponderosa building on Ellicott Street. So, I guess we're free to speculate that a new Mexican restaurant is coming to Batavia.

When Deputy John Duyssen isn't on patrol, investigating accidents or otherwise helping to keep fellow Geneseeans safe, he's doing what he loves -- growing things.

And one he hopes sometime soon will become a full-time business.

For the past seven years, along with his wife Jessica, and children Jonah, 14, Colton, 13, and Julian, 9, he runs a fruit farm on Bater Road in Le Roy.

The Duyssen's specialize in strawberries, but have added blackberries and raspberries in recent years.

The farm also now includes 22 beehives and John said the plan is to start selling honey.

Strawberry season is just about over -- if you want to pick your own, there's only a day or two left and what's left is best suited for preserves -- but John, Jessica and the boys have plenty to keep them busy.

The growing life for a strawberry plant is three years. The plants that are two years old this season will get mowed to the ground so they can regenerate, the three-year-old plants will get plowed under and something else will be planted in their place for crop-rotation purposes, and there is the blackberry and raspberry plants and bees to take care of.

The family is also adding hoop houses to protect young strawberry and other fruit plants from the elements.

"It's a growing business," said John, with no sense of "pun intended."  

He said two or three weeks ago during the height of the strawberry season, people were flocking to the farm to pick their own strawberries. John took four weeks off from the Sheriff's Office to help with the chores and the customers.

This year, Jonah said the person from the furthest away he met was Florida, but the all-time record was set last year, he said, when a group of nuns from Africa stopped by the farm.

Their first question, "Where are the strawberry trees?"

Jonah had to politely point them to the small green plants close to the ground.

Typically, John, said, he grows three to four thousand strawberries, and could grow more if he had the time.

"I can't grow fruit full time and be a full-time deputy," he said.

He's eligible for retirement in a year in a half, but he isn't sure the farm will generate enough revenue to provide both family income and family health insurance.

But if you see John out on patrol some evening and ask him about strawberries or bees, it's clear, this is what he loves to do.

Farming is in his blood.

His father and brother own a farm just down the road where they grow dry beans, corn, soybeans, hay, wheat and oats. The current Duyssen fruit farm was owned by John's grandparents.

"We have pictures of what the old farm looked like and it's fun to think we're doing what they used to do," John said.

Pictured in the top photo are Chris DeFelice, 16, who has been helping the Duyssens for seven years, Jonah, Colton, Julian, John and Jessica.

A two-car accident with injuries has been reported at Route 63 (Lewiston Road) and Batavia Oakfield Townline Road.

Oakfield Fire Department and Mercy EMS dispatched.

UPDATE 11:46 a.m.: Law enforcement on scene, "expediate EMS." Extraction required. A second ambulance requested by first Mercy medic on scene.

UPDATE 11:55 a.m.: All northbound traffic is closed at Galloway Road and Route 63.

UPDATE 11:59 a.m.: More manpower is needed. Town of Batavia Fire Department is called as mutual aid to Oakfield. Traffic is to be shut down at Veteran's Memorial Drive and Lewiston.

UPDATE 12:02 p.m.: A coroner is requested to the scene.

UPDATE12:09 p.m.: A man and a woman are transported to UMMC with minor injuries. Both were wearing seat belts and air bags were deployed. He has some bruising where the seat belt was and she has wrist pain. Now there is a van on fire on the Thruway, mile marker 389.5 eastbound, and so deputies are going to handle traffic control at Veteran's Drive and Route 63. State Troopers are going to the Thruway along with fire units.

UPDATE 12:25 p.m.: Oakfield Fire Department is back in service.

UPDATE 1:13 p.m.: The name of the Williamsville couple is Michael and Diane Zakes, former funeral directors in Oakfield. It will be some time before investigators determine the cause of the accident, if they ever do. Sgt. Kurt Schmitt requests that any witnesses who haven't been interviewed to please call State Police. Schmitt said, "(The elderly driver) was well into the left lane. We don't know why he crossed. That's part of our investigation." He added later, "There are clear indications that tell us he crossed into the left lane. There are indications in the roadway."

The 2011 Challenger Baseball season is in full swing at MacArthur Park, Batavia.

The annual program sponsored by Genesee ARC and the YMCA gives local children with special needs a chance to play baseball on Sunday evenings for a few weeks each summer.

Area youth volunteer to help with the games.

More pictures after the jump:

A lawn mower is apparently on fire, reportedly on the back of a truck or trailer, in the area of 3542 W. Main St. Road, Batavia.

East Pembroke Fire Department is dispatched.

UPDATE 11:17 a.m.: A National Grid truck happened by and the driver used his fire extinguisher to put out the blaze. An East Pembroke chief is on scene investigating.

UPDATE 11:21 a.m.: All East Pembroke units held in quarters.

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A contractor has reportedly struck a natural gas line at 8470 Violet Lane, Batavia, and there is gas leaking.

Town of Batavia Fire Department being dispatched. National Fuel has been notified. No ETA.

UPDATE 10:37 a.m.: Low-pressure line, very small hole. Town assignment held to Engine 24, non-emergency response.

UPDATE 10:40 a.m.: National Fuel on scene.

UPDATE 10:55 a.m.: Town of Batavia fire back in service.

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