Stories from

Whenever I drive by it, I like the look of this tree out in a cornfield, east of Route 98, just before you get to Batavia Elba Townline Road. This evening, I stopped for a picture.

A big crowd turned out in Oakfield on Saturday evening for the 7th Annual St. Padre Pio Parish Oktoberfest. There was pulled pork, a basket auction, sweet treats, live music, and, of course, a beer tent.

Once a little rain passed through and the sun came out, it was a beautiful Saturday evening for a wine walk in Downtown Batavia.

To purchase prints, click here.

Another little free library has popped up in our community. This one outside T-Shirts Etc. on Main Street, Batavia.

If you have or set up a little free library, e-mail a photo to howard@thebatavian.com.

Previously: Little free library blooms on Washington and Lewis, Batavia

Le Roy 53, Canisteo-Greenwood 13. Le Roy once again proved unstoppable, tallying 527 total offensive yards while holding C-G to 264. Employing six different backs, Le Roy rushed for 353 yards. QB Mike McMullen threw for three TDs. He was 10 for 16 for 219 yards and was not intercepted. Nick Egeling,10 rushes for 156 yards and a TD, Jon Pierce, eight rushes for 79 yards, and two TDs, and Tom Kelso, nine rushes 69 yards and two TDs. Kelso also had a TD reception. Ryan McQuillen had five receptions for 134 yards and a TD. Jake Henry caught a touchdown pass of five yards. McQuillen had seven tackles (all solo) and two interceptions. Kody Lamkin, seven tackles and Kelso, five tackles and an interception. Next week at home, Le Roy faces Bishop Kearney, sharing the lead with Le Roy in Livingston County Division II. Both teams are 5-0.

Alexander 31, Oakfield 24. For the Trojans, Tristin Aldinger had 123 yards and a TD on 24 carries. Jake Wozniak scored a TD and QB Jared Brown connected with his brother Samuel Browne on a 21-yard TD. Derrick Busch had a TD grab on a 37-yard pass from Samuel Browne. Zach Shilvock was 4-for-4 on PATs and kicked a 19-yard field goal, but missed a 48-yard attempt. Wozniak had three tackles and an interception and Jake Riggs have five tackles and an interception. Busch registered his fifth sack of the season. For O-A, Alan Chatt was 16 for 32 passing for 192 yards and three TDs. He was picked twice. Reice Woodward had five catches for 44 yards and a TD. Sal Schwable had seven catches for 116 yards and a TD. Ryan Emery, two receptions, 23 yards and a TD. Chatt, seven tackles, Emery, seven tackes and an interception, Jon Harris, seven tackles and a sack and Jake Velletta, seven tackles.

Attica 34, Elba 6. We haven't received Elba's stats.

Notre Dame 34, Charles Finney 6. Both teams came in 2-2, but the Fighting Irish dominated the contest. ND had 292 total yards compared to 126 for Finney. Joe Zickl was 4-7 passing for 43 yards and one TD.  Jack Sutherland rushed for 125 yards on 18 carries and scored. Peter Daversa also carried the ball 18 times. He had 112 yards and a TD. Sutherland also had two catches for 21 yards and a TD.  Josh Johnson had one reception for 23 yards. Spencer Misiak returned a kickoff 80 yards for a touchdown. Ethan Osborne had 6.5 tackles, as did C.J. Suozzi. Joe Zickl had 5.5

Holley 37, Pembroke 19. Pembroke suffered its fifth loss in five games while Holley picked up its first win of the season. Zack Ewert and Dylan Miserantino both scored on the ground for the Dragons.

Alexander/Oakfield-Alabama game photos by Rick Franclemont. For more photos, click here.

Pembroke photos by Rick D. Franclemonth.

This is where teams fold. Down 7-0 after a 90-yard unmolested half-back sprint down the near sideline, after a fumble and two interceptions, including one when your 60-yard offensive drive has taken you to the vestibule of the end zone, only to see the ball fall into the hands of a defensive back.

That's when the enemy scores. That's when you're down 7-0 deep into the third quarter on a night when all previous offensive drives failed to produce points.

Perhaps, it just isn't your night.

After all, you're a team that hasn't gotten to four wins in a season in more than a decade.

It could be fate, a jinx or just the way it's supposed to be.

Except, you don't believe it. Not for a moment.

"I don't think we ever really skipped a beat," said Dom Mogavero, junior running back and line backer. "We went out there thinking we're going to win this football game. We never really lost our composure. We just kept fighting because we knew we could break that scoreboard eventually."

Everything went from going bad to going good on one play.

Before the play, Geneva recovered a fumble on Batavia's 40 and was moving toward the goal line once again when Panthers QB Alex Joll handed the ball to running back Mark Suchewski on a sweep.

There's nobody Joll would rather give the ball to than Mark Suchewski, who came into the game approaching 1,000 yards on the ground for the season and twice led his team with four-touchdown performances.

As Suchewski sprinted left and searched for a corner to turn, Batavia's James Cryer stayed with him step-for-step, catching him near the hash marks and stripping the ball.

Mogavero pounced on that precious gem of a ball just before it rolled out of bounds. The Blue Devils' bench exploded.

"The momentum shift was huge," Head Coach Brennan Briggs said. "I sensed it right there. It could have gone either way. If they punch it in, now you've really got to dig yourself out of a hole pretty late in the game. When we got that ball I heard one of the kids on our team say, 'now it's our time. We're going to win this game coach.' "

The Blue Devils didn't score on that drive, but the defense came up with a big stop on Geneva's next possession.

Anthony Gallo returned a punt deep into Panthers territory to once again put the Blue Devils on the doorstep of six points.

Taking a path similar to Suchewski's minutes before, QB Greg Mruczek found that corner to turn and with a Panther's defensive back closing in fast, dove for the pylon, giving the Blue Devils their first points on the night early in the 4th quarter.

In a bold move, Briggs called for a two-point conversion and on a spread offense Mogavero just barely nosed the ball over the goal line.

From there, it was ball control and a good game plan for the Blue Devils.

From watching film, Briggs said the coaches knew if they could spread Geneva's defense with receivers on the outside, it would open some up holes in the middle.

Wind gusts made passing a little more treacherous. Mruczek completed only six of his 19 tosses (for 85 yards), and twice balls intended for wideouts wound up in the hands of corner backs, but Briggs stuck with the game plan.

"Greg was struggling a little bit early on getting the ball out there, so even though it was there, we couldn't take advantage of it," Briggs said. "Eventually, they saw 'OK that's what they're trying to do', and eventually they're going to connect on it, so they widened out and we started going to one-back running with Dom and quarterback keepers."

Mogavero rushed for 110 yards on 23 carries.

"I give a lot of credit to our coaches," Mosgavero said. "We came in with a great game plan."

Stopping Suchewski was a big part of that game plan.

The plan was to stack the box, stop the run and let a strong-armed Joll, a fearless pocket passer, heave the ball down field as often as he liked.

"We went into the game saying we're going to gamble with the pass and we're going to shut down their run," Briggs said. "We're going to commit to stopping that run and we're going to put pressure on him if he's passing. We're going to say hey we've got athletes out there and you guys have got to have a great snap, great throw and great catch."

To be sure, Joll connected on a couple of those bombs, but tight coverage contained the yardage after reception. With a running game all but shut down, the Panthers couldn't sustain a drive.

With a lead in the 4th, a defense that could contain the Panthers, Briggs kept the ball on the ground and ran down the clock. With runs of three or four yards at a time, the Blue Devils were able to control the ball through most of the fourth quarter.

"We knew we had to fight," Mruczek said' "We have a lot better team than them, I thought. Man-to-man up front. We just had to grind and fight, grind and fight and get the W."

This year's Blue Devils team is a confident bunch of guys, Briggs said.

"That can sometimes be a bad thing," said the head coach, "but I love the swag of these kids."

It's all about the team, Mogavero said.

"I give a lot of credit to our guys every day," Mogavero said. "They play out their hearts every single game, every snap, every practice. We just give it and keep giving it. I feel like that's definitely going to propel us to the front, because you know, some people don't believe that we can be the team that beats good teams and I feel like we really turned the corner as a program.

"We love each other," he added. "It's the biggest team. We're not the biggest team size-wise, the biggest team in numbers, but we're close. That makes our hearts big."

Mogavero pointed to his chest, just below "Batavia," and said "We're big here."

Top Photo: Mruczek dives for the pylon for a TD. A two-point conversion would give Batavia the go-ahead and stay-ahead points.

James Cryer forces Geneva's star running back Mark Suchewski as the Panther's seemed to be on the verge of another score.

Batavia's bench celebrates Mogavero's fumble recovery.

Mogavero hits Joll just as he attempts another long pass. The play was ruled an incomplete forward pass.

Mogavero gets his helment buried in the turf at the end of a run.

This play was ruled an interception. Check the sequence in the slideshow below. It appears the defensive player trapped the ball on the ground before he had control. On the second play after the turnover, Mark Suchewski ran 90 yards for a Geneva touchdown.

Geneva's Marquan Ross with an interception on a pass intended for Malachi Chenault.

Mruczek hands off to Mogevero in the 4th quarter.

Danny Williams, who also had 10 tackles on the night, sacks Alex Joll in the 4th quarter.

Jarrett Laskett and Trevor Sherwood celebrate the Blue Devils victory after the final whistle.

To purchase prints from this game and ensure you have copies for years to come, click here.

A female driver reportedly passed out and drove her car into a utility pole in the area of 9754 Transit Road, Stafford.

Stafford fire and Bethany fire and Mercy EMS dispatched.

Law enforcement on scene advises everybody can respond non-emergency.

The woman is conscious and alter and apparently not seriously injured.

October is Breast Cancer Awareness Month, and as city firefighters do annually, they are donning special T-shirts while on duty to recognize the fight against breast cancer.

Pictured with six firefighters today are Toni Funke and Kristen Gonter, breast cancer survivors.

From left are Capt. Mark Mikolajczyk, Chuck Hammon, Adam Polumbo, Nathan Kinne, Jeff Whitcomb and David Adams.

The IAFF Local 896 will make a donation to a breast cancer organization this month.

The Batavia High School band played, the franchise owner made a speech and a longtime local employee cut the ribbon to officially open the new McDonald's Restaurant on East Main Street, Batavia.

Batavia-native Holly Carney (in purple, top photo), who will manage the new store, told the story of how her career with McDonald's started. She was 16 and her parents picked up an application for her and made her fill it out and hand it in. Her mother drove her to the store and made her turn it in. With tears in her eyes, she handed her application to Kathy Eves (top photo getting a hug from Carney). Despite her misgivings, she got the job and worked her way up into management.  

Eves cut the red ribbon to officially open the store and received as a present a palm-sized glass sculpture of the original McDonald's Restaurant in Des Plaines, Ill.

This is the 10th location for franchise owner Harry Schatmeyer (in the white shirt), who also owns the McDonald's location on West Main.

The store made a $500 donation to the Batavia HS band.

Also pictured in the top photo, assistant manager Stephanie Bouter.

City Manager Jason Molino with the Hamburglar and Grimace.

Brian J. Sprague, 24, of Batavia, is charged with criminal mischief, 3rd. Sprague was arrested by State Police following an investigation. He is accused of breaking off the side mirror and heavily damaging the windshield of a vehicle in the Town of Batavia. Sprague was arrested last week on an attempted arson charge for allegedly trying to start a fire at an East Avenue residence.

Thomas Michael Pillo, 44, of Alexander Road, Batavia, is charged with menacing, 3rd, and harassment, 2nd. Pillo allegedly threatened physical harm to several people. He was jailed on $500 bail.

Nathen Edward Brege, 22, of South Main Street, Batavia, was arrested on a warrant. Brege allegedly failed to appear in Town of Oakfield Court on his scheduled court date. He was jailed on $1,000 cash bail or $3,000 bond.

I got there too late, but Dan Fischer, WBTA, confirms there was quite a crowd lined up for the opening of the new McDonald's on East Main Street, Batavia. He said people were lined up before 6 a.m. The opening was at 8 a.m. He said at one point there were at least 100 people in line.

There is an official ribbon cutting at 10 a.m.

Washington Post: Jimmy Carter turns 90

A Sheriff's Office youth officer involved in an accident on Route 33 in Stafford on Tuesday has been cited for alleged failure to yield the right of way, according to an accident report released by the department.

John Dehm, driving a county-owned 2009 Chevy sedan, was southbound on Mill Road at 4:55 p.m., when he approached a yield sign at Route 33. He said he stopped and checked both ways but did not see a vehicle on Route 33.

His car struck the passenger's side front tire of a 2011 Lincoln SUV, which skidded off the south shoulder and struck a concrete foundation of a demolished building.

The report says that a utility pole near the intersection may have obstructed Dehm's view.

Vicki J. McKeirnan, 62, of Batavia, suffered minor injuries and was transported by private vehicle to UMMC.

The accident was investigated by Sgt. Ron Meides.

Previously: Sheriff's car involved in accident at Route 33 and Mill Road, Stafford

A Brockport man who claims he had a shotgun pointed at his head by a local resident testified today that he couldn't get State Police to even consider his side of the story before he was arrested on a charge of criminal mischief.

After the charge against Micheal Crooks was dismissed (under what's called an ACD -- adjudication in contemplation of dismissal), he did what a trooper and attorney labeled "cop shopping." 

Crooks went to the Sheriff's Office and found that Sgt. Ron Meides was willing to listen to his side of the story. As a result, John Robinson, of North Lake Road, Bergen, was arrested by Deputy Matthew Butler and charged with menacing, 2nd.

The attorney for Robinson, Kevin DeCarolis, has requested Justice Donald Kunego dismiss the charge against his client "in the interest of justice."

Kunego held the hearing today as part of the motion process. He will issue a written ruling at a later date.

He's already received written arguments from both DeCarolis and Assistant District Attorney Kevin Finnell on the motion.

The case stems from a confrontation Jan. 13, 2013. Crooks contacted both the State Police and the Sheriff's Office about pursuing charges against Robinson in November 2013. Robinson was arrested in April of this year.

Trooper Eric Daigler, who arrested Crooks based on a complaint by Robinson that Crooks damaged his screen door while trying to get into his house, testified today that he was confused and angry when he learned Butler was about to arrest Robinson.

He said typically, law enforcement officers don't involve themselves in cases that have been handled by other agencies.

He felt the case had been closed in January 2013 with the arrest of Crooks.

"I was dumbfounded," Daigler said. "First and foremost, it's common practice not to take on other agencies cases. We refer to it as 'cop shopping.' It happens. Usually, we are pretty good at stopping people who are just trying to get the right answer. They are looking for the answer they want. That's usually the Sheriff's Office policy."

Daigler said it was his position at the time of the incident that Robinson was doing exactly what he's allowed to do under the law -- protect his property and himself. 

"He didn't conduct himself in a manner that he should be arrested," Daigler said. "He was in his home. He armed himself and he called 9-1-1 and informed dispatchers he had armed himself. He was well within his rights in his own home when a man he never met came to his door and was yelling and screaming."

Daigler consulted with his supervisor, Sgt. Ron Lobur, and other troopers, who all concurred, arrest Crooks, but not Robinson.

Since the arrest of Robinson, Daigler said, everybody he's spoken to in the local law enforcement community, with the exception of Meides, are bothered that Robinson was arrested.

"I've had 10 members of the Sheriff's Office come to me independently and voice their displeasure with the case," Daigler said.

Crooks testified that Daigler never even asked for his version of events before telling him he would be arrested.

Contrary to prior reports, Crooks said he didn't try to hide from troopers before being contacted. He said he didn't even know that in his "assertive" knocking he damaged the door, and to this day, he isn't convinced that he did.

After the confrontation, he said he went to a job site in Brighton -- he's a construction manager -- and then went home and discovered he had a message from Daigler that evening. He immediately returned the call, and when he didn't get a call back after an hour, he called again.

When he spoke to Daigler, Daigler told him to meet him at the Batavia barracks. When he asked why, he said Daigler told him he was going to be arrested on a criminal mischief charge.

At that point, Crooks said, he decided he wouldn't make a statement without an attorney present.

On the advice of his attorney, he didn't pursue charges against Robinson until after the term of his ACD expired (six months).

Crooks was upset, he said, because he believed Robinson was involved in some sort of relationship with is wife.

He said he first became aware of the relationship some time around October of 2012.

He thought it had ended, but on Jan. 12, he said, his wife went to a party with their two daughters, ages 11 and 14.

His wife became drunk at the party, he testified this afternoon, and placed numerous calls to Robinson.

The girls became aware of what was going on and tried to get her to stop. That led to a physical confrontation between mother and daughters, he said.

That was what really upset him, he said, and convinced him he should talk with Robinson about not having further contact with Mrs. Crooks because of the stress it was causing for his daughters.

He testified that he didn't make any verbal threats to Robinson. That the only thing he yelled once he figured out Robinson was in fact at home Jan. 13, 2013, was "come out you coward."

He said after about two minutes, when it was clear Robinson wasn't going to come out, he decided to leave. 

He testified that as he walked down a sidewalk close to the house he caught some movement through a window and turned to look.

"There was Mr. Robinson," Crooks said. "He was holding a shotgun and he rushed right towards the window and screamed absolutely bloody murder that he was going to blow my fucking head off."

He said the barrel was only inches from the window.

"My heart stopped," Crooks said. "I've never looked down the barral of a gun that wasn't removed from a gun that closely in my life. I've been around guns my whole life. I own guns. I've owned guns since I was 19. I'm not afraid to be around guns."

Under questioning by DeCarolis, Crooks admitted that despite this mortal threat, he didn't call police.

When Finnell asked him about why he didn't call police, Crooks said he dialed 9-1-1 and had his finger on the button, but then changed his mind.

"I was exhausted," Crooks said. "I was emotionally drained. I wanted this to be over. I just wanted to go to work and do what I had to do."

In closing arguments, Finnell urged Kunego to take into the account of events provided by Crooks. He didn't fault Daigler for arresting Crooks. Since he didn't have a statement from Crooks, he could only go on the information available to him at the time of the arrest. But now, he said, Kunego has just as Medies had, Crooks' version of events. He said the case should proceed based on Crooks' account.

DeCarolis dismissed the testimony of Crooks as vindictive and self-serving.

Daigler, he said, did something very unusual -- he testified for the defense rather than the prosecution. That never happens and that should carry a lot of weight with court, he said. Daigler's testimony should weigh heavily in favor of Robinson because he has nothing to gain from his testimony.

The testimony of Crooks is another matter, however.

"His action, his tone, his disposition all show he has a very significant animus against Mr. Robinson," DeCarolis said. "It's very clear he was cop shopping. I would ask, your honor, that you evaluate his testimony in that light."

Kunego set a follow-up appearance for Nov. 19, but said he will likely issue a written decision on the motion to dismiss "in the interest of justice" before that date.

The Batavian's exclusive previous coverage:

• Alleged victim of shotgun menacing claims Bergen resident was communicating with his wife
• Attorney for Bergen man accused of pointing shotgun at person says charge should be dropped
• Dibble: Probable cause for arrest in Bergen shotgun case, now it's up to the courts
• Attorney for John Robinson asks for dismissal of charge 'in the interest of justice'

Two members of the Town of Batavia Planning Board said they were initially opposed to plans for an apartment complex in an area zoned commercial on West Main Street Road, but after study and consideration, decided to vote in favor of the project.

Those votes were essential last night to early-stage approvals for Big Tree Glen, a planned 136-unit complex from Rochester-based Conifer Developers.

The board approved the environmental review process, a zoning variance and a preliminary site plan.

The zoning variance is contingent on agreements in the final site plan that will prohibit Section 8 and HUD-subsidized rents in the complex, as well as continued on-site management.

Conifer is applying for a state grant aimed at encouraging "workforce housing," and that subsidy combined with putting the complex in a commercial zone were stumbling blocks for board members Paul Marchese and Lou Pagnello.

After Pagnello did some research, however, spoke with an attorney friend and thought about it some more, he decided he should support the project.

He said factors included the solid reputation of Conifer and the quality they're promising for the new complex. 

He said he also realized that as a businessman, if he were expanding or building a new business, he would apply for whatever government aid might be available. Any business owner would, he said.

"The more I think about it, the more I think this benefits the community as time goes on," Pagnello said. "I was totally against it, but after doing a little research on my own, that's how I feel about it now. We want development in Batavia and we want to work with developers who are top-notch, not like some of the others we've dealt with before."

The complex, he said, will actually help spur commercial development on West Main, which is a key development goal for the town.

Marchese said he was with Pagnello.

"I was really against it, too," he said.

Because the county planning board recommended disapproval of the project, the town board needed at least five affirmative votes to approve the zoning variance. The vote was 5-1.

Paul McCullough voted no on the zoning variance request. He didn't state a reason for his no vote.

The board will need to approve a final site plan at a later date that will include the covenants and restrictions it's looking for to ensure the complex remains a quality housing project.

The state grant Conifer is applying for requires that the apartment complex meets the residential needs of people earning 50 to 60 percent of the area's median income.

That's about $65,000 for a a family of four in Genesee County. For the Town of Batavia, the complex will actually be meeting the needs of a family of four earning about $54,000 a year in gross income.

"This is truly workforce housing for the Town of Batavia," said John F. Caruso, representing Conifer.

Previously:

• Developers make case for 136-unit apartment complex in Town of Batavia
• County planners reject proposed apartment complex on West Main Street Road, Batavia

Jamie Merica prides himself on being a good mechanic, and Bob Adams Automotive in Le Roy has a decades-long reputation for good service, so when Bob Adams decided to sell his business and retire, Merica said taking over the business seemed like the right opportunity.

After five years as an employee of Adams, Merica now owns the shop.

"As a lifelong resident of Le Roy, I know a lot of people," Merica said. "That will help. We offer honest repairs at a fair price and we try to take care of everybody we can."

Photo by Amanda Earl.

Charles Kenneth Kelly, 60, of Silver Street, Mars Hill, Maine, is charged with harassment, 2nd, disorderly conduct and failure to obey traffic control device. Kelly was stopped at 11:10 p.m. Tuesday on Route 20, Alexander, by deputy Lonnie Nati. During the stop for an alleged traffic violation, Kelly allegedly became verbally abusive and struck Nati in the chest several times in an apparent attempt to push him off the tractor-trailer he was driving. Kelly pled guilty to the charges in Alexander Town Court, paid a $440 fine, and was released.

Calvin Robert Rando, 56, of West Main Street, Batavia, is charged with attempted petit larceny. Rando was allegedly observed opening a car door without permission and attempting to steal cigarettes.

Myles D. MacLeod, 26, of Sliker Road, Corfu, is charged with felony DWI, aggravated unlicensed operation, 2nd, plate display violation, refusal to take breath test and driving without stop lamps.  MacLeod was stopped at 1:06 a.m. Tuesday on East Avenue, Batavia, by officer Devon Pahuta.

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with criminal possession of a controlled substance, 7th, driving while ability impaired by drugs and controlled substance not in original container. Bush was stopped at 2:48 a.m. Sept. 19 on Lehigh Avenue, Batavia, by officer Marc Lawrence.

Dennis Joseph Pietrowski, 67, of Caledonia, is charged with DWI, driving with a BAC of .08 or grater, and speeding (73 mph in a 55 mph zone). Pietrowski was stopped at 3:20 p.m. Monday on Route 20, Pavilion, by deputy Joseph Corona.

Todd Lester Fairbanks, 32, of Pratt Road, Batavia, is charged with criminal contempt, 2nd. Fairbanks allegedly violated a stay away order of protection. He was jailed on $250 bail or $500 bond.

The Le Roy Moose Lodge #1132 celebrated its 100th Anniversary Tuesday night with fun, games and a few speeches.

Speakers included Stuart Erbelding, the lodge's current governor, and Sen. Mike Ranzenhofer and Assemblyman Steve Hawley.

Photos by Amanda Earl.

Hayden McCombs was co-winner, with Art Adner, of the shuffleboard contest.

Lodge Governor Stuart Erbelding.

Taylor Schneckenburger, 5, and sister Addy, 3, said they enjoyed the spaghetti dinner.