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A 57-year-old Batavia man has entered a guilty plea in U.S. District Court to a drug distribution charge stemming from an investigation going back years and involving multiple individuals from Genesee County and Rochester who authorities say are associated with the Hells Angels.

Gordon L. Montgomery entered a guilty plea to conspiracy to distribute, and possess with intent to distribute, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a fine of $2,000,000, or both.

Authorities contend that Montgomery agreed to fly to California and obtain methamphetamine from a Hell's Angels leader in Monterey at the behest of James H. McAuley and his wife, Donna Boon, both Genesee County residents at the time. He reportedly made two trips in 2007 paid for by McAuley and Boon, returning to WNY with 500 grams and 1.5 kilograms of methamphetamine on the two trips.

The names of McAuley and Boon have come up in several local criminal investigations going back to 2010, when Boon was arrested as part of a multi-agency, months-long investigation into the sale of meth in Genesee County. As a result of that investigation, Donald G. Vanelli II, of Le Roy, was sentenced to 17 years in federal prison.

Boon's name has come up in connection with other investigations since then and McAuley was allegedly involved in events in Rochester that led to racketeering changes against him and several associates. That indictment charges McAuley and reputed Rochester Hell's Angels member Robert W. Moran Jr., along with Gina Tata, both of Rochester, with assault with a dangerous weapon in aid of racketeering activity; and McAuley, Moran and Tata are charged with conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. In addition, Tata is charged with being an accessory after the fact to the assault and conspiracy. 

Another defendant, Timothy M. Stone, of Gates, was convicted of being an accessory after the fact to the assault and conspiracy on July 6. He is scheduled to be sentenced by Judge Siragusa on Friday (Feb. 5).

Batavia simply didn't work out for Coffee Culture, said Perry Ouzounis, VP of operations for the chain's corporate parent.

"There's no doubt about it, it's never an easy decision to close a store, but the market there wasn't very strong for us," Ouzounis said.

The Batavia closing was one of three Coffee Culture locations in WNY that closed last week, Ouzounis said, but other locations, including in Buffalo and Erie, Pa., as well as locations in Canada and Florida, continue to do well.

The closure of the Batavia store last week was big news, garnering a substantial number of page views to The Batavian's initial report of the signs being removed from the building. The coffee shop did seem popular, at least to some extent, in Batavia.

"Of course, I'm not prepared to share our P&L," Ouzounis said. "It just wasn't a viable location for us."

When the shop first opened, the company was actively seeking a franchisee to take over operations, but in two years, no potential owner stepped forward.

Ouzounis said it's tough letting their employees go, but they are receiving all pay due and other separation benefits.

"We are doing the right thing within state law," Ouzounis said.

Ouzounis said Coffee Culture is not finished growing and will look for new opportunties for new stores, but that, "unfortunately," Batavia wasn't meeting the company's goals for "long-term success."

Larry's Steakhouse has closed, but the Mullen family is far from done with serving up great meals at 60 Main St., Batavia.

Owner Steve Mullen is stepping aside and his son Brendon Mullen is planning a new restaurant at the same location, which will be called Carter's.

"I don't want to say a lot about it right now, but it's going to be something this town will be excited about," Brendon said. "It's going to be a culinary experience like nothing ever seen here."

While there is a chance the new restaurant could open within weeks, two or three months might be a more realistic time frame, Brendon said. It will take time to secure a new liquor license. 

Steve said he thanks all the patrons for their support of Larry's.

Any gift certificates for Larry's that have not yet been redeemed will be honored by Carter's once it opens.

Warren R. Skye Jr., 62, of South Swan Street, Batavia, is charged with DWI, refusal of breath test, open container, reckless driving and leaving the scene of a property damage accident. Skye is accused of driving drunk at the time his vehicle struck a parked tow truck on South Swan Street, Batavia at 11:03 p.m. Jan. 20. Skye allegedly fled the scene of the accident and once located and taken into custody, refused to take a breath test. He reportedly urinated in the holding room at Batavia PD. (Prior Report)

Randy G. Leach, 29, of Torrey Road, Stafford, and Isaiah J. Munroe, 25, of Buell Street, Batavia, were charged with unlawful possession of marijuana. Leach and Munroe were arrested following a traffic stop by Le Roy PD on Lake Street at Bacon Street.

Sara A. Howard, 21, of Bergen, is charged with grand larceny, 4th, and petit larceny and Alexander E. Fostano, 28, of Batavia, is charged with grand larceny, 4th. Howard allegedly stole a Sony Play Station valued at $300 after gaining entry to a family member's home on Jan. 8. Howard and Fostano allegedly gained entry to another family's home Thursday and stole a .50-caliber CVA muzzleloader and a 12-gauge Mossberg Maverick valued at $700. They were jailed on $10,000 bail each.

Nateeka M. Gibson, 26, is charged with petit larceny. Gibson allegedly removed a Mongoose bicycle from a shelf at Kmart and then attempted to return the item at customer service. When that didn't work, she allegedly left the store with the bicycle, valued at $199.99.

Ward E. Royse, 40, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Royse turned himself in.

Adante L. Davis, 26, of South Main Street, Batavia, is charged with endangering the welfare of a child. Davis was allegedly involved in a fight while in the presence of a child less than 17 years old. He was jailed on $2,500 bail.

Danny D. Williams, 27, of Pearl Street, Batavia, is charged with petit larceny. Williams allegedly stole a bottle of wine from a liquor store in East Main Street, Batavia.

Lori A. Brightenfield, 56, of Maple Street, Batavia, was arrested on a warrant. She was ordered held without bail.

Timothy A. Banks, 24, of Columbia Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Banks allegedly failed to obey conditions of his release under supervision of Genesee Justice. Banks was located and arrested following a panhandling complaint at McDonald's in Eastown Plaza. He was jailed on $500 bail.

Tyanna D. Green, 20, of Pearl Street, Batavia, was arrested on a warrant for failure to comply with sentencing stemming from a conviction for criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. 

Ryan A. Funke, 22, of Vine Street, Batavia, is charged with unlawful possession of marijuana and stop lamp equipment violation. Funke was stopped at 7:44 p.m. Saturday on North Street, Batavia, by Officer Matthew Wojtaszczyk.

David James Staba, 47, of Tinkham Road, Darien, is charged with felony DWI, felony driving with a BAC of .08 or greater and inadequate headlight. Staba was stopped at 7:24 p.m. Sunday on Attica Road, Darien, by Deputy Richard Schildwaster.

Nathan Everett Hinze, 22, of Ellicott Avenue, Batavia, is charged with DWI, aggravated unlicensed operation, unlicensed operator, refusal to take breath test and following too closely. Hinze was stopped at 11:30 p.m. Saturday on Law Street, Batavia, by Deputy Kevin Forsyth, following a citizen complaint of an erratic driver on Route 98, Alexander. He was jailed on $250 bail.

Katrina Marie Douglas, 26, of West Ridge Road, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and driving by an unlicensed driver. Douglas was arrested after Deputy Ryan Young stopped to check on a disabled vehicle at 11:15 a.m. Thursday on Lockport Road, Oakfield.

Lorin Alexandra Volk, 21, of Livingston Street, Warsaw, is charged with petit larceny. Volk allegedly stole from Kmart.

Nathan Samuel Love, 22, of Montclair Avenue, Batavia, is charged with petit larceny. Love allegedly attempted to steal a vacuum cleaner from Kmart. Upon further investigation, he was identified as the suspect in a vacuum cleaner theft Jan. 12.

John Ronald Laude, 23, of Main Road, Akron, is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Laude was allegedly found in possession of heroin while being processed for an arrest at the Genesee County Jail. He was arrested at 12:58 p.m. Thursday by Deputy Ryan Young and charged with driving while ability impaired by drugs and criminal possession of a controlled substance, 7th. He was allegedly found in possession of heroin following a report of a disturbance at Walmart. Also arrested following the investigation into the alleged disturbance was Christopher Brian Smith, 24, of Pearl Street Road, Corfu, who was charged with criminal possession of a controlled substance, 7th.

Press release:

Genesee County Deputy Sheriff, Christopher Parker, age 47, will be seeking the position of Sheriff in this year’s election.

Prior to his law enforcement career, he worked in the Buffalo area supervising dozens of employees in day to day operations before coming to the Sheriff’s Office in 1997. Parker is currently assigned to the Road Patrol on the day shift but also served in the courthouse prior. He graduated from Elba Central School earning a Regents Diploma in Math & Science going on to get his degree from Genesee Community College. After being hired, Parker went on to graduate from Erie County Central Police Services Basic Police Officer Training Academy.

Parker has been an active member of the Office’s Honor Guard since its inception and had the privilege of traveling to and participating in ceremonies in 2015 during National Police Week to honor America’s fallen officers and one of Genesee County’s own.

Parker has been a recipient of a certificate of appreciation, commendation, meritorious service and also distinguished service awards. He was a member of the flight crew for the New York State Police aviation unit until their hanger was moved from Batavia to Rochester. Parker has also received a MADD award for vigorous enforcement of intoxicated and impaired drivers.

In his role as a field training officer, he is involved in the training of newly appointed deputies and recruit graduates. 

“Being able to help train future deputies has been one of the most rewarding aspects of my job," he said. "It’s great to see them develop into someone that represents us at the Sheriff’s Office and this county well. Someone that will be my backup or help a citizen in their time of need and bringing integrity to it."

Being a Drug Recognition Expert has been one of Parker’s proudest work accomplishments being one of only approximately 200 so qualified officers in the entire state. He also just underwent training in Albany to become an instructor.

Parker's experience has included training of educational professionals in several counties on drug impairments and also with the Safe School Initiative to keep our most precious resource, our children, safe. He is also a member of the Oakfield-Alabama Central School safety team.  Reenactment DWI drills in schools throughout the county for over a decade has also been a rewarding experience.

“If we can stop even just one tragedy, it will have been worth all the time and energy that the fire departments, EMS and we as law enforcement dedicate to empower your children to make the right decision not to drink and drive,” Parker said.

Along with training Sheriff’s Office personnel on standardized field sobriety testing, Parker has assisted at the Monroe County Basic Police Academy in training recruit officers on the proper implementation of the tests. He is also a Leadership Genesee 2016 class participant.

“As Sheriff, I hope to bring loyalty, honesty and integrity to the position and make this county we live in as safe as can be. As a lifelong resident in the county, I plan to be here with my family and work with the residents here to make all of our families safer.”

Jerry Diskin was named Le Roy Fire Department's Firefighter of the Year at the department's annual installation and awards dinner. Diskin, center, sets an example by his energy and commitment, said Chief Tim Hogle, left. Joining in the award presentation is 1st Assistant Chief Tom Wood.

On Dec. 1, the fire department faced a situation that firefighters are typically not trained to deal with -- a person firing a gun at them as they roll up to a fire scene. The first four volunteers on scene were Joe Orlando, Bergen Chief Kevin Finucane, 1st Assistant Chief Tom Wood and Chief Tim Hogle. Saturday night, each man received a Medal of Valor.

When the men arrived on scene and were fired on, they remained calm, returned to their vehicles and established a safety zone, informing other responders not to come to the scene. The Medal of Valor is awarded to public safety officers who have exhibited actions above and beyond the call of duty, who showed exceptional courage, decisiveness and a presence of mind or unusual purpose of action to effect the protection of human life.

Joe Orlando receiving the Chief's Award from Chief Tim Hogle.

Hogle, Orlando, Diskin and Wood.

Representatives from various agencies who assisted at the scene on Dec. 1 on Selden Road were recognized by the department, including Emergency Management, Bergen Fire, Town of Batavia Fire, the Monroe County Sheriff's Office, Genesee County Sheriff's Office, Le Roy PD and State Police (not all agencies are represented in this picture and the one below).

Installation of Officers.

The top 10 responders of 2015.

The department conducted 50 training sessions, resulting in 1,570 man-hours of total training for the volunteers. The volunteers also responded to 296 alarms, resulting in 1,273 man-hours on assignment.

There was still enough ice on the rink behind the Corfu Village Hall for a bit of hockey today during the annual Winterfest, despite the temperature hitting 50 degrees.

Nobody was complaining about the warm weather as they enjoyed food, vendors, music and a basket raffle.

In her basketball career at Notre Dame High School, Christina Volpe was a prolific scorer and a leader who helped her team to a state championship, but it was more than just her athletic success that left a lasting impact on the school, said Athletic Director Mike Rapone during a ceremony Friday to retire her number.

"She always had a quick smile, was always kind and found a great pleasure in helping others," Rapone said. "As special a basketball player as Christy was, she may have been a more special person. She will always be remembered fondly here at Notre Dame."

Volpe died of an apparent heart attack at age 34 in her home in South Carolina in October.

During her playing career at Notre Dame, Volpe scored 2,392 points, grabbed 1,365 rebounds and amassed an 83-consecutive game streak of double-doubles.  She was named to the Section V Basketball Hall of Fame in 2011. With Volpe on the court, Notre Dame won three consecutive Class DD Section V championships, and in 1999, the team won both the state championship and the federation championship and Volpe was named MVP of both tournaments.

Bill Wade, who coached Volpe's team, said the Notre Dame team is the only girls basketball team in Section V history to win a federation championship.

Rapone said Volpe inaugurated a tradition of excellence in girls basketball at Notre Dame that continues to this day. She inspired the next generation of girls to take up the game and play hard and work hard, leading to a second state championship under Head Coach Dave Pero in 2013.

"Along with the talent, she had an amazing work ethic," Rapone said. "She had a burning desire to realize her potential. As talented as she was, she constantly worked to get better. She spent countless hours in the Notre Dame and St. Joe's gyms fine-tuning her game."

Volpe taught her teammates that hard work wasn't just something you brought to the game, you brought it to the gym for every practice, Wade said. She came early, stayed late and made every drill count.

"That's how she became our leader," Wade said. "She led our team to greatness."

Through her example, she not only made her team better, she made her teammates better, both in the game of basketball and in life.

"You compete to beat your own numbers," Wade said. "That's what made us better and that's what made us cherish Christina Volpe. She taught her teammates so much and made her teammates lives better. She made her coach and her coaches better because of the person she was. Christina Volpe is not just a legendary player, she was a treasure because she made all of our lives richer."

Bill Wade.

Joining Rapone and Wade next to the lectern were members of Volpe's family and her former Notre Dame teammates.

Prior to Notre Dame's game with Elba, the players wore T-shirts with Volpe's number and name.

This tribute to Volpe will be hung in the entry hall of Notre Dame.

Volpe's jersey will hang, framed, next to the scoreboard the rest of this season and next season.

The employees at Castilone Chrysler Dodge and Jeep took in these two handsome canines they found wandering and lost near the dealership.

"They are both very nice and want to go home," Sara Stockwell said.

She's hoping the owner will claim the dogs by 5:30 p.m.

UPDATE 4:30 p.m.: The owner has picked up the dogs.

A caller on Town Line Road, Bergen, reports that a white male came to his door offering to sell a picture of his house from the air for $349.

The subject is now apparently across the street from the house attempting to do the same.

There is a second person in a red Dodge Stratus.

A deputy is dispatched to check it out.

Le Roy PD reports a series of thefts from unlocked vehicles during the night and early morning hours in the area of Munson and Gilbert streets. The pattern began about Dec. 15 and has continued. Multiple cars have been entered and items stolen. Le Roy PD reminds people to lock their vehicles and call 9-1-1 immediately if a suspicious person is seen.

Andrea Harrington, 22, of Pleasant Street, Le Roy, is charged with endangering the welfare of a child. Harrington was by a Le Roy police officer allegedly walking with an unsteady gate and apparently intoxicated at 4:44 p.m. Jan. 25 on Bacon Street while carrying a 2-year-old child.

Anytime we cover an entertainment event at Batavia High School, we wind up with a picture of Ross Chua performing. He's very talented and very motivated. This is a photo from a talent show in June.

Besides being a performer, Chua is also a songwriter and composer. On Monday, the Genesee Symphony Orchestra played one of his compositions so it could be recorded to include with his college auditions and interviews.

This may be the first time the GSO performed a composition by a local high school student.

Here's the video:

A one-vehicle rollover accident is reported on Batavia Elba Townline Road.

The driver is reportedly conscious and alert and standing up inside the vehicle.

The roadway is blocked

Town of Batavia fire dispatched.

Officials celebrated the opening of the new cancer treatment center at UMMC on Wednesday with a ribbon-cutting ceremony.

The $6.5 million center will provide local cancer patients with state-of-the-art treatment.

Dan Ireland, president of UMMC, thanked the dozens of people involved in making the new treatment center a reality. He recalled the most recent UMMC Foundation Auction, where organizers held a special event with the hope of raising $2,000 to help pay for chemo treatment chairs. Donors that night contributed $26,000, covering the cost of 11 treatment stations.

"For the community, by the community," Ireland said. "That demonstrated in just a small portion what our community can do together to make sure their local neighbors have the access to the services they need."

Dawn Lipson, of the Lipson Institute, and with her husband, namesake of the Lipson Cancer Center, said the institute aims to raise hopes and dreams in the fight against cancer.

 "We all hope for a better tomorrow," she said. "We dream about a brighter future. The biggest weapon we have in the fight against cancer is the indomitable spirit. The fact that you all came together, we all part of this big family, and you made this happen, I thank you from the bottom of my heart."

Eric Bieber, president and CEO of the Rochester Regional Health System, came with a gift, the Bell of Hope.

"This is for patients completing treatment," Bieber said. "They ring the bell as they complete treatment. It's a right of passage for their resiliency in their cancer fight, recognizing that making it through weeks of treatment is an achievement. It's our hope that as patients here it, they garner hope and encouragement and they look forward to the day they can ring it."

It was a transfer of a license from another hospital in the Rochester Regional system that enabled UMMC to acquire and install a linear accelerator for radiation treatment at the center.

Suggested Reading: "The Emperor of All Maladies: A Biography of Cancer," by Siddhartha Mukherjee.

Kelly M. Howell, 30, of Otis Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Howell allegedly sold a quantity of Vyvanse (lisdexamfetamine dimesylate, which is used to treat ADHD and binge-eating disorder) to an agent of the Local Drug Task Force while in the City of Batavia. Howell turned herself in to task force officers Tuesday. She was jailed on $2,500 bail.

Lena M. Evans, 28, of Vine Street, Batavia, is charged with two counts of criminal possession of controlled substance, 7th, and one count of criminal possession of a hypodermic instrument. Evans was located Monday on Jackson Street, Batavia, by officers of the Task Force, and allegedly found in possession of alprazolam, burprenorphine HCL pills and hypodermic needles. Evans was issued an appearance ticket and released.

There were 800 more residents of Genesee County with jobs in December 2015 than there were in December 2014, according to the latest figures released by the Department of Labor.

The county's unemployment rate for December was 4.8, 7/10ths of a percentage point better than last year, but 2/10ths higher than November.

The number of jobless claims fell year-over-year by 200, from 1,600 to 1,400.

There are 28,300 residents with jobs, compared to 27,400 a year ago.

As for the total number of filled non-farm jobs in Genesee County, the number held steady year-over-year at 22,600. It was 22,700 in November.

The unemployment rate for the GLOW (Genesee, Livingston, Orleans and Wyoming counties) is 5.1 percent. It was 6 percent a year ago and 7.1 percent at the start of 2015.

Both Julie Pacatte, economic development director the Batavia Development Corp., and City Manager Jason Molino see a very bright horizon for the City of Batavia when they look five years down the road.

A lot of groundwork has been laid over the past couple of years to help transform Batavia's economy and make it a place where both Baby Boomers and Millennials will want to live, work and play.

"Five years from now we'll see a dramatic difference in the city of Batavia," Pacatte said. "I think we will be a community of choice for the Millennial Generation. We are a more diverse community. There will be confidence in investing in the city whether in your home, your own home improvements, or if it's investing in a property Downtown to attract business. I think there will be a dramatic transformation of the landscape."

The optimistic tone was struck during BDC's annual meeting, which was held in council members in City Hall.

And optimism is one of the key drivers of change and growth, Pacatte said during her presentation.

Molino shares the vision.

In fact, he predicts by the Summer of 2017, Downtown Batavia's skyline will be peppered with construction cranes.

"I think we're at the beginning of a renaissance for Batavia," Molino said. "I say that with one caveat, and that is we need to continue with the forward effort we've put forward in the past few years."

That includes improvements to infrastructure, such as sewers and sidewalks, reworking the zoning code through the general plan update process, supporting the BDC and focusing on brownfield redevelopment.

The city and BDC are feeling pretty good this week about a big step forward on one of its biggest projects, transforming the Santy Tire and Dellapenna properties from blighted eyesores into commercial redevelopment.

The BDC is taking over ownership of the property, a first step toward selling the parcels to private developers.

Pacatte said we should expect an announcement on what's coming within the next 30 to 60 days.

Molino is also proud of the City's Pathway to Prosperity Plan, the first of the kind in the state, uniting the city, the county, the school district, the BDC and GCEDC in an arrangement to use funds generated by PILOT payments to help offset the cost of brownfield redevelopment.

The city has designated 366 acres in the primary corridor as the Batavia Opportunity Area (or Brownfield Opportunity Area), with the ability to offer special incentives to developers willing to turn blighted properties into economically viable properties.

The BDC is the lead agency in that effort.

Besides the tone of optimism during Wednesday's meeting, the overriding theme was, ready or not, the Millennials are taking over.  

In the United States, there are now more Millennials than Baby Boomers and by 2020, Millennials will make up nearly half of the nation's workforce.

And it turns out, Millennials and Baby Boomers aren't all that far apart in their wants and aspirations, putting Batavia in a prime position to serve both.

Both cohorts want livable communities, ones that are affordable, accessible and walkable. While boomers are downsizing, Millennials are conscious of their impact on the planet; boomers seek affordable services, Millennials watch their spending because of college debt loads; Boomers have accumulated the wealth to enjoy community living, Millennials are urban-minded.

Some 64 percent of Millennials want to start their own businesses, Boomers have the experience to be mentors and the means to be buyers and investors.  Boomers are team players, Millennials are collaborative. 

Both are interested in building communities that are engaging and filled with entertainment opportunities. They are interested in communities that offer a sense of place.

Pacatte ended her presentation with three questions for audience members to ponder:

• Are we investing in place?
• Do you see value in building a community?
• How optimistic are you?

The Warming Center is open tonight, and will be open tomorrow night, from 8 p.m. to 8 a.m. for women and children in need of shelter at the United Methodist Church, Lewiston Road, Batavia.

For assistance, call (585) 993-6371.

There will be pickups at both McDonald's locations in Batavia.

Light meals will be served.

Christina M. Colantonio, the 28-year-old Liberty Street resident whose baby was found dead in her apartment and was initially charged with murder in the second degree, won't be prosecuted, District Attorney Lawrence Friedman announced.

A second autopsy has concluded the baby was most likely stillborn and was not deliberately killed by Colantino.

UPDATE: Here's the press release from Friedman's Office.

On August 29, 2015 Christina Colantonio was arrested on a charge of Murder in the second degree. The decision to file that charge at that time was based on a number of factors, including the following:

1.       Discovery of the remains of what could be a dead newborn baby in a cooler in the bathroom closet of the Defendant’s residence.

2.       Multiple statements made by the defendant which were inconsistent with each other.

3.       Statements made by the defendant which were inconsistent with physical evidence at the scene.

4.       The fact that no one else was present at the time of the defendant’s delivery of the baby and the events that occurred immediately thereafter.

5.       The fact that the defendant did not seek medical assistance for the baby.

6.       The Medical Examiner reported that a wad of paper was recovered from the baby’s oral cavity.

7.       The Medical Examiner advised us that they could not think of any natural or accidental reason that the paper would be placed in the mouth.

8.       Witness reports that raised serious concerns regarding prior acts of the Defendant.

9.       Concrete steps taken by the Defendant that led to the conclusion that she was preparing to flee the jurisdiction, as follows:

a.       Immediately after her initial interview by the police, and reportedly without ever having previously done so, the Defendant failed to show up for work without calling in.

b.      It was reported that the Defendant did not go home that night.

c.       The next day, it was discovered that the Defendant had given her car away to a friend who claimed to not know the Defendant’s whereabouts.

d.      Initial attempts to locate the Defendant were unsuccessful.

After it was determined that the Medical Examiner could not determine whether or not a live birth had occurred and, if it had been a live birth, they could not determine a cause of death, consultation was obtained from a pathologist who practices and is board-certified in pediatric, perinatal and forensic pathology. The pathologist, who reviewed some autopsy photos, a preliminary copy of the autopsy report, and some microscopic slides provided by the Medical Examiner’s Office, concluded that the baby was most likely stillborn, and that the baby most likely had a congenital malformation or deformation involving the midface. The pathologist, however, was not provided with sufficient information with which to determine the significance of what was recovered from the baby’s mouth.

Therefore, based on the information available to us at this time, it has been determined that a homicide prosecution is not appropriate.  Pursuant to our request, the murder charge has been dismissed by the Batavia City Court.

We expect that there may be an interest in obtaining more details regarding some of the facts listed above. However, in limiting our disclosures to what is listed above, we are balancing the public’s desire to receive information regarding this case with the legitimate privacy rights of an individual who is not going to be prosecuted. Therefore, (there) will be no further comments regarding this matter and no additional information will be released by this Office.

A while back, the app for The Batavian stopped updating correctly and I couldn't figure out why.

Without any intervention on my part, it's started working correctly again.

We've updated it to include not just the home page headlines but also obituaries and postings from Batavia's List.

We'll start using it again to send out push notifications for local breaking news.

To download your app, if you haven't already (and more than 600 people have): Droid | iPhone