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Batavia PD announces results of April 21 neighborhood enforcement detail

By Howard B. Owens

Press release:

On April 21, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), Genesee County Probation officers and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. (Neighborhood Enforcement Team) detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods. The following arrests were made;

  • Ashli Zajaczkowski, 25, of Walnut Street, Batavia, was charged with unlawful possession of marijuana;
  • Mariah Hagen, 20, of Pratt Road, Batavia, was charged with unlawful possession of marijuana;
  • Thomas Hill, 26, of Fayette Street, Brockport, was charged with two counts of criminal possession of a controlled substance 3rd degree (Class B felony), criminally using drug paraphrenalia 2nd degree (Class A misdemeanor) and unlawful possession of marijuana;
  • David Riley Jr., 33, of Eugene Street, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 3rd degree (Class B felony) and two counts of criminal possession of a controlled substance 3rd degree (Class B felony);
  • Lance Mercado, 25, of Holland Avenue, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 5th degree (Class D felony) and two counts of criminal possession of a controlled substance 5th degree (Class D felony);
  • James Mitchell, 37, of Jackson Street, Batavia, was arrested on a bench warrant out of the City of Batavia Court for failure to pay fine;
  • Liin-Noshujuan Gard, 25, of Batavia, was arrested on a Livingston County warrant.

All subjects are to appear in City Court/County Court for further proceedings at various dates and times.

Photo: By Howard Owens, taken the night of April 21 on Jackson Street.

John Deere reported stolen mysteriously returns home

By Howard B. Owens

Two days ago, we told you about a riding mower that was reportedly stolen from a residence on Naramore Drive in Batavia.

The tractor is home safe and sound.

Liz Johnson said the mower appeared next to their shed today as mysteriously as it disappeared. No note, no knock on the door to explain things or to apologize for an apparent mix up.

She spoke with police and the theory is the removal of the mower was a case of mistaken address by a repair shop that was scheduled for maintenance. After the tractor was posted on The Batavian as stolen, the repair shop realized its mistake and quietly returned the mower.

Johnson said she's at least glad there is a happy ending to the story.

Man accused of rape pleads guilty to assault, expects five years in prison

By Howard B. Owens
     Jason Armstrong

A Batavia man who was originally charged with rape for his attack on a woman on South Main Street, Batavia, has chosen a plea deal over the uncertainty of a trial, entering a guilty plea this morning in Genesee County Court to one count of assault in the second degree.

The plea comes with an agreed upon sentence of five years in state prison for Jason Armstrong Sr.

District Attorney Lawrence Friedman said after the plea that deals like this often benefit both the prosecution and the defense. For the prosecution, jury trials can be unpredictable, no matter how certain you are of the case against the defendant. For the defendant, the plea means a shorter jail term than would be the likely result if found guilty at trial of all charges.

"We can never predict what the outcome of a jury trial is going to be and both sides believe they receive some benefit from this," Friedman said.

Armstrong remains free on $100,000 or $200,000 bond.

Sentencing is set for 9:45 a.m., July 6.

Armstrong was indicted in January and accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Armstrong was also indicted on counts of assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address as the alleged rape.

On or about Dec. 22, Armstrong allegedly tried to strangle another person, leading to a charge of second-degree strangulation. That incident also led to a charge of assault, 2nd.

The plea satisfies all criminal charges against him.

News partner WBTA contributed to this story.

Saving baby ducks in Batavia

By Howard B. Owens

This video is from Christopher Weicher at Batavia High School. He said each year the same mallard duck returns to the school to lay her eggs in the courtyard, where's sheltered from predators. The problem arises after the ducklings hatch and have no way on their own to get out of the courtyard for food and water, so staff gently nudges the family toward the doors and the great outdoors.

Saturday, Amy Scott sent in these pictures of city firefighters saving ducklings from a storm drain.

Photos: Derby Day 2016

By Howard B. Owens

The Michael Napoleone Foundation hosted its annual Derby Day Fundraiser at Terry Hills yesterday.

To purchase prints, click here.

Batavia family requests help in locating stolen tractor mower

By Howard B. Owens

The Johnsons, residents of Naramore Drive, Batavia, have reported to police the theft of their riding mower that looks like this one, a John Deere D100.

The mower was taken off its trailer and removed from a storage shed.

Those who have information to share should contact Batavia PD.

Photos: Rotary baseball tournament

By Howard B. Owens

These photos are from game two of yesterday's Rotary Club Baseball Tournament, between Notre Dame and Attica.

Batavia beat Oakfield-Alabama in the first game, 6-2, then Attica beat ND 5-3.

Trevor Sherwood threw a no-hitter in the nightcap to give Batavia the championship with a 12-1 win over Attica.

Photo: Opening day at Darien Lake Theme Park

By Howard B. Owens

Yesterday was the first day of another new season of fun at Darien Lake Theme Park.

While we didn't get out to Darien for photos until the afternoon, after the clouds arrived, the morning blue skies helped encourage a great first-day attendance, park officials said.

Accident with several minor injuries reported at Pembroke tollboth

By Howard B. Owens

A motor-vehicle accident with multiple minor injuries is reported at the tollbooth for the Thruway in Pembroke.

Pembroke and Indian Falls fire departments responding.

Two Mercy EMS units responding.

UPDATE 10:43 a.m.: Law enforcement required at the scene to deal with an irate male.

UPDATE 11:11 a.m.: Units back in service. A 10-year-old transported with neck and back pain.

Reader-submitted photo.

Timing of alleged crime protects robbery suspect from sentencing enhancement as second felony offender

By Howard B. Owens

A 21-year-old Batavia man was ordered held on $50,000 bail today during his arraignment on charges stemming from an alleged robbery in January, just eight days before he was scheduled to be sentenced on an assault conviction.

The timing of the crime and the fact he was not yet identified as the suspect means that if he's convicted on the 12-count Grand Jury indictment, he can't be sentenced as a second felony offender, nor does the robbery constitute a violation of probation since he wasn't on probation yet.

Terrence D. Johnson is facing a possible violation charge, but not because of the alleged robbery.

Johnson was indicted on one count of robbery and 11 counts of grand larceny, 4th.  

Each of the eleven grand larceny counts stems from each of the credit or debit cards carried by the victim.

The robbery occurred in the area of 2 School St., Downtown Batavia.

Beyond the usual not-guilty plea, Johnson's attorney, Public Defender Jerry Ader, said there is some question as to whether Johnson was even in the area of School Street at the time the robbery was reported.

After court, District Attorney Lawrence Friedman, in answer to a question, said there is physical evidence linking Johnson to the crime.

Before the hearing, members of Johnson's family reached out to local media and said they would like to talk about Johnson, saying, "this is not who he really is," but after the hearing, Ader said he advised them not to grant interviews.

In November, Johnson entered a guilty plea to a gang assault charge for being part of a three-person assault on a person on Holland Avenue over the summer and was sentenced in January to six months in jail and five years probation.

The timing of the conviction, the second alleged crime without him being identified as a suspect, followed by his sentencing, means the original sentence stands and he can't be sentenced as a second felony offender. If he were considered a second felony offender, then the minimum range of a possible prison term would be longer. Either way, the maximum possible sentence is 25 years.

A violation of probation charge has not been brought against Johnson yet, but he allegedly left the county and violated curfew while on probation.

GCEDC board approves Alpina expansion project

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for an application for assistance from Alpina Foods, Inc., at its May 5 board meeting.

Alpina Foods, Inc., will add 3,200 square feet to its existing facility in the Town of Batavia to accommodate space for a bottle-filling machine and packaging equipment for a new drinkable yogurt product.

The facility’s expansion will result in the creation of four new jobs and the retention of 23 current full-time employees. Based on the success of the product line and other growth opportunities there is the potential for the creation of additional new jobs at Alpina.

The company was approved for a sales tax exemption of $15,405 and a property tax exemption of $62,903. The project’s planned capital investment will total an estimated $1.1 million.

“It is exciting to see Alpina adding a new yogurt product to the marketplace that is being made right here in Genesee County,” said Christopher Suozzi, vice president of Business Development at the GCEDC.

“The Genesee Valley Agri-Business Park is an important community asset and continued investment and expansion there will only help us market the site to other food processing and food manufacturing companies.”

1366 Technologies announces new $10 million investment by Korean group

By Howard B. Owens

Press release:

Silicon wafer manufacturer 1366 Technologies (“1366”) today announced it has received a $10 million investment from the Hanwha Investment Corp., one of Korea’s leading private equity/venture capital firms with more than $500 million under management. The funds will be used toward the construction of 1366’s first large-scale commercial factory, scheduled to be online in 2017.

“Our Direct Wafer™ technology represents one of the most significant manufacturing innovations in solar, with the potential to propel the industry forward and deliver dramatic cost advantages,” said Frank van Mierlo, CEO, 1366 Technologies. “We are thrilled that Hanwha Investment Corporation, with its deep expertise in and understanding of the manufacturing industry, has invested.

"It is a tremendous validation of our commercialization plans, and a clear signal that we’re poised to disrupt the $10 billion and growing silicon solar wafer market.”

“Hanwha Investment Corporation actively seeks out companies with groundbreaking technologies that transform industries. In just a short period of time, 1366 has moved from proof of concept to commercial-ready technology, achieving technical milestones steadily and rapidly. We believe the 1366 team is well positioned for commercial success,” said Woojae Hahn, president and CEO, Hanwha Investment Corporation.

1366’s Direct Wafer technology is a transformative manufacturing process that offers significant advantages over traditional cast-and-saw wafer production technologies. The process makes wafers in a single step, pulling them directly from molten silicon instead of today’s multi-step, energy- and capital-intensive approach, resulting in significant wafer production cost savings.

CLARIFICATION: We were asked to clarify a prior report that said the Hannah company that is purchasing solar wafers and the Hannah company making the investments in 1366 are the same company. While related, they are not the same company and operate independently.

'Duke' back home safe after ride in van reported stolen

By Howard B. Owens

    Jeffrey Johnson

A 28-year-old Oakfield resident, Jeffrey Johnson, is charged with criminal possession of stolen property, 3rd, in connection with the alleged theft earlier this week of a van from a residence on Ellicott Street, Batavia.

The incredible part of the story is that the owner's dog, Duke, was in the Toyota Sienna, and after the vehicle was recovered in Rochester, Duke was returned to Betty and John O'Brien.

"Our fear was something happened to the dog, because Duke is a very gentle dog," Betty Carlet Cleare, a reporter with our news partner 13WHAM. "He could have sold him, he could have beaten him, and he could have done any number of things to him. The gods were with us this week."

Duke is apparently so gentle that he did not make a sound when the van was taken.

"He didn't say a peep," Betty said, "which we're thankful of, because that's why I think he survived."

Photos: City fire rescue training on Ganson Avenue

By Howard B. Owens

City firefighters were at a house on Ganson Avenue this afternoon for training. The house is scheduled for demolition in a couple of weeks, but before it comes down, City crews will use it for numerous training drills.

Today's scenario was dealing with a first-floor fire at a time (such as the middle of the night) when there might be people upstairs sleeping. While one crew attacks the fire, another enters through a second-story window and searches for anybody who might be trapped, injured or just sleeping and unaware of the fire.

Eastown Beverage expands redemption center, and there's more beer

By Howard B. Owens

The expansion of Paul Parise's Eastown Beverage, which includes more space for his redemption center, coincides with that redemption center becoming the last privately owned, independent one in town.

Rob's on Ellicott Street, where Parise got his start more than a dozen years ago, closed last month. The nonprofit ARC operates a redemption center on East Main Street Road in the Town of Batavia, and Tops Market chain also has one.

This spring, Parise has expanded his redemption center into space, formerly a detail shop, next to his beer store. 

The new redemption center is bigger and Parise promises it will always be the cleanest around with the fastest service.

At the same time, Parise has been able to add more coolers -- now 24 doors -- to the beer shop and he's increased the number of craft beers he carries, and unlike a lot of shops, everything he sells is refrigerated.

The shops are located at 563 E. Main St., Batavia.

Eastown Beverage is open seven days a week: 9 a.m. to 8 p.m. Monday through Wednesday; Thursday through Saturday to 9 p.m.; and from 11a.m. to 4 p.m. on Sunday.

The redemption center is open 9 to 4:30, except Saturdays when it closes at 4, and its closed on Sundays.

Photos: Senior Prom DWI drill in Pavilion

By Howard B. Owens

Pavilion High School hosted its annual DWI drill for seniors in advance of the prom to remind students about the dangers of drinking and driving.

The drill simulates a fatal DWI accident with the cooperation of the Pavilion Fire Department and Sheriff's Office. Mercy EMS, the coroner and volunteers from Bethany and Wyoming also participated.

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