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Batavia's Bed, Bath & Beyond, damaged by fire Jan. 27, has been cleared of all its stock and today work crews were pulling from the store every last bit of fixture, shelving and even wall.

Smoke odor still permeated the entry way.

A manager said she doesn't know when the store will reopen. She said she didn't know when new stock would arrive. Asked if employees had been offered jobs at other locations, she said we would have to call the corporate office.

We called the corporate office this afternoon and have not yet gotten a response.

The brother of a man already sent to prison for stealing high voltage hire from businesses in Le Roy has a chance to avoid a prison term after pleading guilty today to possession of stolen property.

Dustin Nicometo entered his plea in County Court in satisfaction of two felony indictments against him that included burglary and grand larceny counts.

Nicometo, now a Bernville, Pa., resident could be sentenced in April to an intermittent jail term followed by a period of probation as part of the plea deal.

The 26-year-old man will need to abide by the terms of his release under supervision until his sentencing date in order to preserve the deal.

On Jan. 21, Michael Nicometo was sent to state prison for at least three and a half years and ordered to pay $86,017.57 in restitution to Dolomite and Troy Manufacturing.

Dustin Nicometo admitted to possessing wiring and equipment from the Troy job, but when asked if he knew the items were stolen at the time, Dustin Nicometo told Judge Robert Noonan, "no."

Noonan asked him why he was pleading guilty if he didn't know the items were stolen.

Nicometo said he didn't know the items were stolen and after a little more back and forth, Noonan explained that in order for him to plead guilty he had to admit that either he knew the items were stolen or he had a reason to believe the items were stolen and Nicometo agreed that he had a reason to believe the items were stolen.

With the sun out this morning, I went for a short drive out to the Bethany area thinking, "the sun before the storm."

Our previous winter storm watch has been upgraded to a warning and between tonight and tomorrow night, we could get up to 10 inches of snow.

Heading down Clipnock Road, I spotted a group of trainers working out harness racing horses.

Bottom picture, a broken barn door on Transit Road.

Logan R. Evans, 22, of East Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and moved from lane unsafely. Evans was arrested following an investigation by officers Stephen Cronmiller and Matthew Lutey into an accident at 1:06 a.m. Saturday in the area of 23 Jackson St., Batavia.

Jacob S. Martino, 29, of Drake Street, Oakfield, was arrested on a warrant for alleged parking on city streets between 2 a.m. and 6 a.m. Martino turned himself in on the warrant. He posted bail and was released.

Amanda Marie Bowles, 28, of Williams Street, Batavia, was arrested on a bench warrant. Bowles was arrested by Batavia PD and turned over to the Sheriff's Office. Bowles was jailed on $100,000 bail.

Local Greek yogurt maker Alpina has entered the national television yogurt wars with a series of commercials meant to entertain and inspire.

While industry leaders Chobani and Dannon dish out big bucks to debut commercials during the Super Bowl (including a both praised and panned spot from Dannon for Oikos Greek yogurt featuring the former cast of Full House, and Chobani's ad with Bob Dylan and a bear), Alpina held of until today the release of its new ads.

Press release from Alpina:

The new campaign focuses on individuals facing their challenges head on, or as we like to say “climbing their mountains.” Maybe your mountain is to run a 10k or graduate from college. The point is we all have mountains to climb. So satisfy your taste for the top with Alpina Greek Yogurt, it's encouragement by the spoonful. Alpina. Climb Your Mountain.

The ads will run in select areas in the Northeast, including Western New York, and will feature digital and radio advertisements. Western NY can also look forward to seeing our ads on TV and area buses. To complement the campaign, Alpina is offering a free trial to those who share their mountain with us through a link in our digital ads.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is using the improved ranking of New York’s milk production in the nation to demonstrate the value of Upstate’s agricultural economy. New York recently passed Idaho to become the third largest producer of milk in the nation. New York’s milk production increased by 2.2 percent in 2013, compared to 0.4-percent growth nationwide, which demonstrates the importance of milk production to the Upstate economy.

“The Upstate agricultural economy is vital to New York’s success, and news of our increased milk production is a good indicator of this fact. Not only is New York’s milk going directly to consumers, it is also going to produce other growing New York products, such as yogurt and cheese,” Hawley said. “We must make sure to enact policies that encourage the growth of our state’s agricultural economy. I will be keeping a careful eye on how the budget proposal affects our family farms, and advocating for policies that help them grow.”

New York’s dairy industry comprises the largest portion of its agriculture economy, and is the number one producer of yogurt in the country, churning out a total of 695 million pounds. Hawley has supported New York’s farming economy by passing the 2 percent family farm tax cap, calling for reduced agricultural regulations, and promoting initiatives to market New York farm products.

Press release:

The Genesee County & Batavia City Youth boards are extending an extra effort to let the community know just how outstanding our local citizens can be. A Youth Recognition Banquet will be held on Thursday, April 3. This event is an opportunity to thank select individuals for their service to the community.

Awards are given in three separate categories. The Youth Recognition Awards are presented to those youth who have performed an outstanding service for their community, and/or have assumed an extraordinary role within their families. The Adult Youth Worker Award is given to a Genesee County youth-serving professional, in a paid position, whose work surpasses normal expectations. The Adult Volunteer Recognition Award is presented to an adult who serves the youth of Genesee County in a volunteer setting.

A community-wide mailing with nomination forms and instructions was conducted. Forms can also be accessed by visiting the Genesee County Web site www.co.genesee.ny.us and clicking on “Youth Bureau. All nominations are due by Feb. 24.

An arrest has been made in what might be termed an 11-month cold case.

On snowy night last March, somebody broke into the Discovery Chapel, 315 W. Main St., Batavia, stayed for a while and left barefooted sometime later.

The police had shoes, socks, footprints in the snow and a little bit of blood.

The blood is what led to the arrest of Shannon G. Cook, 34, of 6269 Byron Elba Road, Byron.

Cook was identified as a suspect through a DNA match after he was required to submit a DNA sample following an unrelated criminal conviction.

Nothing was stolen from the church.

Cook is charged with criminal mischief, 3rd, and criminal trespass, 3rd.

Following ararignment in City Court, Cook was released under supervision of Genesee Justice.

Jenea M. MacLeod, 29, of Genesee Street, Corfu, is charged with petit larceny. MacLeod is accused of shoplifting from the Dollar General Store at 412 E. Main St., Batavia. She allegedly placed items in her purse and walked out of the store without paying for the items on Friday. Two days earlier, MacLeod also allegedly stole merchandise from Walmart. She was charged with petit larceny and trespass.

Kevin Leroy John Halbert, 27, of Ellicott Street, Batavia, is charged with peit larceny. Halbert is accused of shoplifting from Kmart.

Woodrow C. Horseman, 37, of State Street, Batavia, is charged with petit larceny and trespass. Horseman was allegedly banned from Tops. He allegedly went into Tops at 4:08 p.m. Sunday and stole several cases of beer.

Jason H. Freeman, 32, of South Spruce Street, Batavia, is charged with petit larceny. Freeman is accused of stealing ice cream from Tops.

Terry Ann Espinosa, 43, of West Main Street Road, Batavia, is charged with falsely reporting an incident, 3rd. Espinosa is accused of falsely reporting a larceny to Batavia PD.

Gregory Seppe, 55, of Hyde Park, Batavia, is charged with disobeying a court order of protection and endangering the welfare of a child. Seppe is accused of entering a residence on Columbia Avenue at 10:17 a.m. Saturday and coming into contact with a person he is barred by court order from contacting. While in the residence Seppe allegedly acted inappropriately and endangered the safety and well being of several children in the residence.

Stephen W. Quigley, 59, no permanent address, is charged with petit larceny and trespass. Quigley allegedly slept overnight in a vehicle on the car lot of Time Buyer and stole change from an unsecured vehicle. Quigley was jailed on $5,000 bail.

David C. Truesdale, 24, of 18 Parsells Ave., Rochester, was arrested on a bench warrant. Truesdale was located reportedly hiding in a bathroom at 20 Tracy Ave., #1, Batavia, by Sgt. Chris Camp while Camp was attempting to serve a warrant on Truesdale. Truesdale is charged in the warrant with assault, 3rd, and strangulation, 2nd. He was also arrested on a City Court warrant for alleged failure to complete community service on an unreasonable noise complaint. At the time of his arrest, Truesdale was allegedly found in possession of marijuana. Truesdale was jailed without bail.

Duffy L. Starks Jr., 21, of Tracy Avenue, Batavia, is charged with unlawful possession of marijuana. Starks was allegedly found in possession of marijuana while Batavia PD was at 20 Tracy Ave., Batavia, to arrest another subject on a warrant. Starks was also arrested on a parole warrant. He is being held in the Genesee County Jail on the parole warrant.

Joshua T. Fullmer, 21, of 3124 W. Main Street Road, Batavia, was arrested on a bench warrant. Fullmer turned himself in to Batavia PD.

Amy R. Martin, 29, of Dewey Avenue, Batavia, turned herself in on a parking ticket warrant for allegedly parking on a city street between 2 a.m. and 6 a.m. Martin posted bail and was released.

Danny D. Williams Sr., 25, of 310 E. Main St., Batavia, was arrested on a bench warrant. Williams was located in Rochester and arrested on two bench warrants and one arrest warrant out of Batavia City Court. Williams was jailed without bail.

Leslie C. Jackson, 51, of Piffard, is charged with grand larceny, 4th, and and a Class E felony (the State Police blotter is unclear as to what it is). Jackson was arrested by state troopers in connection with an alleged incident reported at 3 p.m. Dec. 3 in the City of Batavia. No further details released.

A winter storm watch has been issued for Tuesday evening through Wednesday evening.

There's a potential of snow accumulations of more than six inches with visibility of less than a half mile.

Forecasters say there is still uncertainty as to the storm's exact track. A change in the track could alter snowfall totals.

A dryer fire is reported at 1 Shady Lane, Batavia.

Town of Batavia is responding.

UPDATE 10:18 a.m.: Fire is knocked down. Remaining units responding can respond non-emergency.

Press release:

There is a water main break on Lyon Street between Richmond Avenue and Oak Street.  Crews will be making repairs, which may result in a water service interruption or discolored water on Lyon Street (Oak Street to Lacross Avenue) and Richmond Avenue (Lyon Street to Union Street).

UPDATE: The break was reported to be repaired about 1:30 a.m.

Workers at Petco are busy cleaning up the store and restocking shelves -- some stock had to be replaced -- following the fire at Bed, Bath & Beyond last Monday.

One thing General Manager Carol Hershberger is eager for local residents to know is that all of the animals that were in the store are safe.

They were initially taken to the Genesee County Animal Shelter and, contrary to a prior report, never returned to the store, she said. The animals have all been relocated to other Petco stores.

There's a lot of work, but staff is working hard, she said, to get the store reopened Monday.

Meanwhile, investigators have yet to determine the case of the fire, which started in the bedding department of Bed, Bath & Beyond and caused to smoke to fill both stores (not as heavily, in Petco).

UPDATE 3:57 p.m.: Hershberger called back to say after a long way of work today, she doesn't believe the store will be ready to open Monday. She said she's hesitant to predict when the store will open. "As soon as possible," she said.

No doubt, a good time was had by all in Le Roy last night as the Harlem Wizards came to town for a charity game (for the PTSO) against Le Roy Central Schools faculty and staff.

The final score? Does it matter? Especially with the Wizards stopping the Le Roy team 10 points here and there (hint: the Wizards won). 

Above, Timothy Stukes, a.k.a., Tomahawk jumps into a picture with some young fans.

Space Jam, Leon Sewell, does what he does best.

Athletic Director Brian Moran tackles the Oatkan Knights' mascot.

Space Jam hoists a young fan.

A-Train, Arnold Bernard, left, stopped the game and yelled, "hey, photographer, photographer, take our picture," and pulled Eric "Broadway" Jones to his side.

A fan gets her purse back for the price of a kiss on the cheek.

Brian Moran shooting a three-pointer. He was given three tries to make it, but later in the half, Moran sunk a shot at the buzzer from half court.

There were lots of Harlem Wizard souvenir basketballs in the crowd.

Brian Herdlein and Tomahawk battle for a loose ball.

Space Jam during a break in the game when all of the children were invited onto the floor to dance with the team.

Space Jam throwing out souvenirs.

A fan gets a Wizards ball autographed by Tomahawk.

To purchase prints, click here.

The Manor House held a party yesterday celebrating all the birthdays for the year of residents who turn 90 years old or older.

Bottom photo, Angie Ilasi cuts the cake. Ilasi turns 100 this year.

D&C: Texting tickets soared 82 percent in 2013

The man accused of punching another patron following the Kid Rock concert in July at Darien Lake kept muttering, "he shouldn't have shoved my wife," according to the deputy who arrested him.

The officer testified at a hearing in Genesee County Court today, called a suppression hearing, which is a chance for the defense to challenge whether certain pieces of evidence will be allowed at trial.

In this case, Judge Robert C. Noonan ruled that Deputy Lonnie Nati will be allowed to testify about what the possible statements made by the suspect, 34-year-old Craig Malcolm Lawson, of Talbot Street, Courtland, Ontario, Canada.

Lawson is charged with assault in the second degree, a Class D felony.

He allegedly delivered a single punch to Jason McNeil, a former WNY resident who lives in Tuscaloosa, Ala.

McNeil was hospitalized and in a coma for weeks following the incident.

A source in contact with the family said McNeil is back in home, but "he will never be the same." His injuries are described as "catastrophic" and McNeil requires 24/7 care.

Nati was on the stand for about 30 minutes, being peppered with rapid fire questions from, first, Robert Zickl, an assistant District Attorney, and then by Jessica Kulpit, representing Lawson.

Nati testified that he was working the night of the incident in the parking lot of the Darien Lake Performing Arts Center.

At some time around 11 p.m., after the concert, deputies were handling crowd control and traffic during a period known at "the dump" (when everybody leaves and deputies and Darien Lake security work to get the parking lot cleared of cars as quickly as possible). 

Nati received a call of a fight in the area of South PAC. He was only about 50 or 60 feet away at the time of the call, he testified.

When he arrived, concert security had Lawson detained and another man was laying on the ground.

Nati directed Lawson over to a bench. Lawson said, "he never should have shoved my wife," while sitting on the bench, Nati said.

Within a minute a woman ran up, whom Nati later identified as Lawson's wife, and told Lawson not to talk to Nati.

"It was kind of funny," Nati said, "she kept running up to him, putting her hand on his mouth telling him to 'shut up, you want an attorney.' "

During this period, Lawson said he wanted an attorney.

In a few different ways and a few times, Kulpit asked if Nati read him his Miranda warnings. Nati answered pretty much the same each time: "No, because I didn't ask him any questions."

Nati said at no time did he ever question Lawson except to obtain what's known as pedigree information (name, date of birth, address, etc.).

From the time Nati first made contact with Lawson, through the ride in the security golf cart to the security trailer, to the time sitting in his patrol car while being booked, Nati said Lawson kept mumbling, "he never should have shoved my wife."

Nati described Lawson as intoxicated, but very cooperative.

"He was continuing with his drunken mutterings about 'he shouldn't have shoved my wife,' " Nati said.

The officer said he didn't observe any cuts or blood on Lawson.

After the hearing, when asked if she anticipated a trial for Lawson, Kulpit -- filling in for attorney Joel Daniels -- would not answer the question.

No trial date has been set. Lawson is scheduled to appear in court again at 1:30 p.m.

Previously:

• Key to Lawson case is one of intent in the single-punch altercation after July's Kid Rock concert
• Man accused of hitting fellow concertgoer at Darien Lake pleads not guilty in first court appearance
• Kid Rock apparently gives $5K to assist man in a coma after altercation
• Victim of alleged assault at Kid Rock concert making progress
• Alleged assault case at Kid Rock concert grows more complicated with news of serious injuries

It's still not clear who will represent Earl Sprague in his second trial on child sexual abuse charges.

Sprague, already serving a 21-year sentence on child sexual abuse charges, appeared in County Court today dressed in state prison green, to hear Judge Robert C. Noonan tell William Tedford from the Public Defender's Office that regardless of who represents Sprague, the trial is going forward March 24.

The 42-year-old former Alabama resident faces an additional eight felony  counts, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

The Class II-A felony carries a possible life sentence.

Last week, Sprague asked that Fred Rarick, who was court-appointed to represent him in his trial on 28 felony counts, be dismissed as his attorney for the second trial.

Noonan granted his wish and assigned the case to the Public Defender's Office.

Today, Tedford asked Noonan to delay the case because Tedford already has four possible trials between now and April, plus the office will be short-handed at the end of March because Public Defender Gary Horton is retiring.

"My personal trial schedule will give me a limited time to prepare," Teford said. "While I consider myself a quality attorney, I submit that six weeks to properly preper for a trial on such serious charges would result in ineffective counsel for Mr. Sprague.

Noonan said it's actually seven and a half weeks, which should be enough time to prepare; however, Noonan said taking everything into account, he has arranged for an attorney from the assigned council office to come to court tomorrow and go over the case with Sprague and Tedford and see if he will be able to take on the case and be ready for trial March 24.

"This case has lingered on far too long," Noonan said.