Skip to main content

Stories from

Law and Order: Teen accused of stealing truck in Le Roy, tracked via OnStar

By Howard B. Owens

A 17-year-old resident of Wolcott was charged with grand larceny 3rd and unauthorized use of a vehicle. At 12:38 a.m. Oct. 15, Le Roy police officers received a report of a stolen vehicle on Selden Road, Le Roy. Officers were able to track the location of the vehicle using its OnStar system. A short time later, the 2020 Chevy Silverado was located in the Town of Cheektowaga and was reportedly occupied by the 17-year-old.  He was arrested by Cheektowaga PD and turned over to Le Roy PD. He was issued an appearance ticket.

Joseph T. Martino, 30, no permanent address, is charged with four counts of petit larceny. At 1:37 p.m. Oct. 8, Martino allegedly stole merchandise from a local business on East Main Street, Batavia. He is also accused of shoplifting three separate times from two businesses on Jackson Street, Batavia on Oct. 2. He was issued an appearance ticket on all arrests.

Aaron T. Hendershot, 26, of Batavia, is charged with criminal contempt 2nd. Hendershot is accused of violating an order of protection by being at the home of the protected party at 1:39 p.m. Oct. 10 on Ellsworth Avenue, Batavia.  He was issued an appearance ticket.

Marcella F. Greene, 38, of Bliss, is charged with unauthorized use of a vehicle. Greene was arrested on a warrant issued in connection with an incident reported at 3 p.m. April 23 on East Main Street, Batavia. He was arraigned in City Court and ordered held on bail and ordered to appear again on Oct. 27 appearance.

Tammy L. Cicatello, 52, of Batavia, is charged with driving while ability impaired by drugs, leaving the scene of a property damage accident, and following too close. Cicatello was allegedly involved in a property damage accident at 9:55 a.m. Sept. 1, on Oak Street. She was arrested on Oct. 6 by Batavia PD. She was issued an appearance ticket.

Christine M. Caplis, 42, of Batavia, was arrested on a bench warrant. She was arraigned in City Court and ordered held on $5,000 bail, $7,500 bond, or $10,000 partially secured bond.  No information released on the nature of the warrant. 

(name redacted upon request), 32, of xxxx, xxxx, xxxx. xxxx is charged with DWI, obstruction of governmental administration, failure to dim lights, drinking alcohol or using cannabis in a motor vehicle on a highway, and unregistered vehicle. xxxxx was stopped at 10 p.m. Oct. 6, on Route 20 in Darien by Deputy Alexandar Hadsall. He was ordered to return to Darien Town Court at 1 p.m. Oct. 20.

Seth Alan Wilt, 18, of Richley Road, Corfu, is charged with grand larceny 4th and petit larceny. Wilt is accused of stealing more than $1,000 worth of merchandise from his employer at 8363 Lewiston Road, Batavia (the former Kmart location) and of stealing $724.45 in merchandise from the same location. The thefts were reported at noon on Sept. 1. He was arrested on Oct. 12 by deputies Mason Schultz and Nicholas Charmoun. He was released on an appearance ticket. 

James Preedom, 38, of Batavia, is charged with criminal contempt 1st, harassment 2nd, and endangering the welfare of a child. On Oct. 14, State Police responded to a report of a disturbance at a residence in the Town of Batavia and arrested Preedom as a result. He was released under supervision.

Justin Cowell, 40, of Batavia, is charged with four counts of criminal contempt 2nd, acting in a manner injurious to a child, unlawful dealing with a child, and selling tobacco to a minor. Cowell was arrested by State Police on Oct. 20 in connection with an incident reported at 2:08 p.m. Oct. 3 in the Town of Batavia. He was ordered held in jail. No further information was released.

Charles L. Dockstader, 76, of Basom, is charged with two counts of course of sexual conduct with a child less than 11 years old. Dockstader was arrested by State Police on Oct. 19 in connection with an incident reported at 12:02 p.m. Oct. 12 in the Town of Alabama.  He was ordered held on bail. No further information released.

Earl B. Benson, 34, of Byron, is charged with DWI. Benson was stopped at 10:17 p.m. Oct. 18 in the Town of Byron by State Police. He was released on an appearance ticket.

Keona R. Thomas, 33, of Stafford, is charged with DWI.  Thomas was stopped at 2:22 a.m. Oct. 16 in the Town of Stafford by State Police. Thomas was released on an appearance ticket.

Alexander Road solar projects receive special use permits from town planning board

By Howard B. Owens

Town of Batavia Planning Board unanimously approved special use permits and site plans for two solar projects on Alexander Road at their meeting on Tuesday.

The projects are located at 9183 Alexander Road, known as the Pike Road Solar Farm Project, and 9071 Alexander Road.

The resolutions passed by the board entitle San Francisco-based Renewable Properties (RPNY Solar 6, LLC) to construct and operate the solar projects.

If the owner/operator changes, the special use permit must be reviewed again by the planning board.

Before a building permit is issued, the company must finalize a host community agreement with the Town of Batavia to include annual payments of $2,500 per megawatt for 25 years with a 2 percent annual escalation of payments or a lump sum payment approved by the Town Board.

The resolution includes provisions on grading and landscaping.

There are also provisions to handle any changes to the development plan.

The company must certify the completed project complies with the special use permit, applicable codes, and industry standards.  

There must also be sufficient funds on deposit to remove the installation and restore landscaping in accordance with the decommissioning plan.

The company must remove the installation at the end of its useful life in accordance with the decommissioning plan.

Town inspectors will be allowed reasonable access to the property during construction to check drainage and stormwater provisions.

Renewable Properties must abide by the required landscaping plan.

The project must be fenced and locked. The fire department will be provided keys.

A year after the project goes into operation, Renewable Properties must return to the planning board for a review of the special use permit.

Finally, Renewable Properties must obtain and retain appropriate insurance throughout the life of the project.

Batavia boys soccer team wins first-round sectional game

By Howard B. Owens

The Batavia Blue Devils boys soccer team won its first-round sectional game in Class B on Tuesday, beating Geneva 2-0.

Batavia came into the game as the #9 seed and Geneva was the #8 seed.

Goals were scored by Alex Bartz, assisted by Owen Halpin, and by Quintin Cummings, unassisted.

Submitted photo.

Next up: #1 seeded Hornell at Hornell on Saturday. Game time is 6:30 p.m.

Owner in dog OD case willing to discuss future of her dog while criminal case is pending

By Howard B. Owens

The future of Oddey, the French bulldog that reportedly overdosed on narcotics three times in May and June, may soon be resolved while the criminal case against Oddey's owner, Cassandra Elmore, will likely remain pending for some time.

Elmore appeared in City Court today with her public defender Jamie Welch.

Welch indicated he needs more time to file motions in light of new evidence (he didn't specify what the evidence is), new discovery turned over by the District Attorney's Office (again, not specified), and his recent receipt of lab reports (he didn't indicate what the lab results reveal).

He indicated the charges of injuring an animal under New York's Ag and Markets Law are more complicated than typical penal statutes and required more research. 

Judge Thomas Burns agreed it is a complicated case and gave Welch until Nov. 25 to file his motions, and gave Assistant District Attorney Jenna Bauer until Dec. 8 to file her answering papers.  He set a hearing date on motions for Dec. 15 at 1:30 p.m.

If that's all there was to the case, Oddey would be guaranteed at least two more months of confinement at the Genesee County Animal Shelter, but after the motion dates were set, Welch said there was one more thing to discuss.

His client, he said, was willing to meet with representatives of the "animal rights" group following the case -- referring to Volunteers for Animals. He said he didn't know if there were any respresentatives in court today -- there were -- but invited them to stop by the Public Defender's Office and pick up a copy of his card so they could discuss the future of Oddey.

Burns said it was wonderful news that there are options for Oddey.

"Options are good," he said.

Bauer said, "I believe that's the top concern of everybody here."  She suggested that if an agreement could be reached regarding Oddey, a status appearance date be set so the issue could be resolved sooner than two months from now.

After meeting with the attorneys at the bench, Burns said the case will remain on the calendar for Dec. 15, but if an agreement is reached before then, the case can be recalled and the Oddey matter could be resolved in that appearance.

The case was then adjourned.

Previously:

Woman struck by truck in Alexander dies at hospital

By Howard B. Owens

An 89-year-old Alexander woman died this evening after being struck by the mirror of a passing pickup truck in the area of 10342 West Bethany Road, Alexander, shortly after 4 p.m. on Wednesday, the Sheriff's Office reports.

Investigators believe Ruth McVay, of Alexander, was crossing West Bethany Road at about 4:06 p.m. near the crest of a hill while a 2013 Ford F-150 driven by Patrick G. McCormack, 55, of Darien, was traveling southbound.

When McCormack came over the crest of the hill, he spotted McVay in the roadway and tried to avoid hitting her.  The driver's side mirror, however, struck her, causing serious injuries.

McCormack stopped immediately and called 9-1-1.

McVay was transported to Strong Memorial Hospital by Mercy EMS (Mercy Flight was grounded due to weather) where she died as a result of her injuries.

The accident remains under investigation by the Sheriff's Office, including the Crash Management Team.  Assisting at the scene were the Alexander Fire Department and Mercy EMS.

Photos by Alecia Kaus/Video News Service

Opinion: The debate over a restaurant closing

By Howard B. Owens

The social media debate on our story about Sweet Betty's closing has been, um, interesting.

Opinions have been wide-ranging, from "people don't want to work" to "restaurant owners don't pay enough."  

A sampling and my thoughts:

"Yet you have the government saying that unemployment is at all-time low but retail or restaurant has lack of employees."

Well, if unemployment is low, that means there are fewer people looking for work.  That means it is harder for existing businesses to fill open positions.  More people working leads to a "lack of employees" looking for work. 

That was a small business they should have been able to run themselves, with little help. I know, because I did the same exact thing. They either weren't willing to do what it takes to be successful or they weren't willing to pay someone what they were worth. Simple as that.

Clearly, a comment by somebody who has never owned a food service business.  Running such a business means multiple jobs overlap -- taking orders, cooking food, washing dishes, cashing out customers, and then somebody has got to keep the books.  It's not a one- or two-person business.

They are getting money to stay home and not work!!! Stop the free hand outs... And watch how many people look for work...

Extended unemployment benefits ended a long, long time ago and the economic evidence is the payments had little impact, when still active, on people's willingness to work.  There are currently 900 people drawing unemployment in Genesee County, according to the most recent Labor Department data.  That is not a number that screams "People are mooching off unemployment insurance payments."  

3% unemployment rate yet why are there almost a million on welfare! Time for workfare for the lazy!

Actually, in the U.S. there are nearly 60 million people drawing some sort of assistance, and nearly all of them who are of working age and not on full disability have jobs.

Then there are the people who blamed the owners:

Love how they say it's the workers why not blame the owners for not paying more for the work or putting on the work outfit and working themselves. Simple supply = demand and people have a life simple you wanna pay minimum wage you get minimum result

crazy how they’re closing and many other family-owned restaurants aren’t…time to stop blaming staff and look to themselves as to where the problem lie, whether it be their management or their product.

And some readers did jump to their defense, such as Susan Macomber:

The owners,family and friends worked there 99% of the time...They were very hard working and very friendly, and the food was delicious...The owners also closed for holidays and closed at times to give their workers some time off because they couldn’t get enough help. And they paid their workers well.

More blaming the owners from somebody who almost certainly never owned a business:

Unemployment is lowest it's been in 40 years... only the failed businesses are having trouble finding employees. The strong survive my friends, it's survival of the fittest, and you ain't fit.

Look around you, there are help-wanted signs everywhere.  There was a time, more than a decade ago, when economists considered an unemployment rate of five percent to be "full employment."  The idea is that at five percent, being unemployed was transitory.  People moved quickly from one job to the next.  It was temporary and the normal economic shuffling of the deck as businesses changed strategy, closed for various reasons, or people quit jobs just to have the time to find a better job. 

Also, COVID itself has taken a lot of people out of the workforce.  More than one million people in the U.S. have died, and nearly half of them had not yet reached full retirement age, and presumably, a lot of them were or could be in the workforce.

This is a very, very tight job market, probably the tightest any of us have seen in our lifetimes.

So let's talk about the free market:

This makes me so sad. I love Sweet Betty’s!!! But I get it. No one wants to work anymore, or if they do, it’s completely on their terms and hours. Businesses everywhere are impacted by this.

Here's the thing  -- in a free market, people can choose where they want to work.  They want to work on their terms.  I want to work on my terms.  You want to work on your terms.  We all want that opportunity.  I own my own business so I can work on my own terms.  When I worked for other people, I worked hard and improved my skills and knowledge so I could advance and make more money.  That's working on my own terms.  When there isn't a tight labor market, employers have the leverage to say, "work on my terms or leave" (perhaps with more nuance than that).  In a tight labor market, the power imbalance shifts to the workers.  But that's how free markets work, should work, and we want them to work if we want a thriving economy and an improving standard of living for everybody.

One reader asks legitimate questions:

How much were you paying? How many hours did you guarantee? Was it a regular schedule, or did it vary from one week to the next? Were your cooks treated with respect ot treated like they were disposable? People work when they feel like they are valued. If that's not the case, they go elsewhere. There are LOTS of jobs out there. Make yours the one everyone brags about.

Those are all things that will impact the ability of a business to hire good and qualified people.  However, there is only so far a business can stretch on pay and hours and benefits.  Running a business is not as easy as this reader makes it sound,  as I'll address later.

Another take on the "people don't want to work" theme:

To all who wonder why they can’t get help….. PEOPLE DONT WANT TO WORK TODAY! THEY WANT TOP PAY FOR DOINB LITTLE! There are plenty of jobs all over…. It seems to me that if you REALLY want a job or NEED a job…. Then take one of the jobs!!! Money is money!

Let's just say there are in fact people who don't want to work.  There are undoubtedly some people who don't want to work. Period.  There is no wage that will entice them to leave their bedroom.  But this poster seems to assume that just because there are jobs, there are jobs that the people without jobs want to take those jobs.

There are a number of reasons that people not working won't take a job you think they should take: They're not qualified. It doesn't fit their career path.  The hours won't let them take care of their children or go to school.  The job won't help them advance their career and could even derail it.  Or maybe the job you think they should take isn't just offering enough of an incentive to give up fishing to go to work.  Money is, as the poster says, is money.  And yes, sometimes it takes more money to entice a person to take a job.  

In order for a worker and an employer to find each other, the worker needs to be qualified to work the job that's open.  Even if a worker who has spent the past few years pushing a broom is willing to take a job as a line cook, that doesn't mean he's qualified to be a line cook.  Employers don't like to hire unqualified people because they don't have the track record to ensure they can do the job or will stick with it.  Unqualified workers cost money and can be a disaster.

A more nuanced take that deserves a response:

Restaurants took the worse beating when that Covid crap shut N.Y. down. The ridiculous cost of living made it so minimum wage skyrocketed. Instead of putting caps on rent increases and utilities the more pay made prices go up MORE. Small business owners suffer because with their overhead and insurance payments they cannot afford to hire as much workers. Everyone suffers. And people complain about higher costs in restaurants. They HAVE to raise prices just to make ends meet.

Restaurants got a lot of financial help during and because of the pandemic restrictions.  All of that money being pumped into the economy is part of the cause of current inflationary pressures (it's basic economics: increase the money supply and prices generally go up).

Restaurants by and large stayed alive with delivery and curbside pickup while maintaining lower overhead with the dining rooms closed. When the economy kick-started again, companies were scrambling to fill open positions.  A lot of former workers found new jobs, retired, started their own businesses, went back to school, decided to become stay-at-home spouses, picked up a job with Uber, Door Dash, or Instacart, or otherwise left the workforce (and not just because they became lazy, but in the human condition, there is always some of that, too).  With a shortage of workers, restaurants and other businesses were forced to raise wages. That started before the current inflation cycle and is one of the multiple causes of today's inflation.  The sad thing is, the wage gains workers first realized after the end of the pandemic have been wiped out by inflation. 

Adrian Fitzgerald Harris has an informed view:

Low Birth rates, massive boomer retirements and no one solving the immigration problem have caused some of this.

The decline in the stock market might coax some people out of their early retirement. The low birth rate isn't going to change so long as we remain a first-world economy. So that leaves immigration.  Want more workers?  Let more workers into the country.  We need about one million working immigrants flowing into this country ASAP.  That would spur the kind of economic growth we need to stave off a recession and stem inflation.  The economy would boom.

Terry Paine left an intelligent comment:

You can tell the people that have never had a business with employees before. Maybe these business geniuses could offer some advice on what an employee's pay should look like since we know $14 to $17 is not enough. Then the employer can make a decision whether they can themselves take that big of pay cut or if raising the cost to the customer will reduce sales enough that the business has to close anyway. Tough balance.

I can say that their standards for hiring wait staff is pretty high since I have enjoyed every one I've ever had wait on me. That standard might be just as important of more important than the food.

So to sum up.  There are two main camps here: blame the employers and blame the employees.

How about if we not blame either?

Running a small business is hard, especially a food services business.  You have government regulations to worry about, employees stealing (a big problem in a mostly cash business), taxes, insurance, lots of overhead, employees who have their own lives and own issues that you need to balance, supply issues, competition to worry about, customers who complain, and so on.  You pretty much have to be insane to run your own business.  It's a hard life.  Thank God there are people who do it though, because small business owners are the true backbone of America and our communities.  They offer more charitable support to their communities, give communities a sense of cohesion and pride, and the owners are often more involved and more often make fine mentors for the young people they meet.  

And employees have their own wishes and desires. They have aspirations, dreams, ambitions.  They might have families to care for or passions they wish to pursue away from work.  They are often not business owners themselves because of these other constraints or priorities.  But humans evolved to acquire resources to make their lives more stable and better.  For the vast majority of us, we want more money and better things, so naturally, we want better pay.  And if we can't get better pay, then we look for other tradeoffs, such as more time to go fishing or play in a rock and roll band.  

In our rush to make everything political these days, we miss how complex our economy really is and how something as seemingly straightforward as a restaurant closing is really about a world of competing economic forces. Sweet Betty's closing is sad. It shouldn't be fodder for scoring political points.

Pedestrian struck on West Bethany Road, Alexander

By Howard B. Owens

A car has reportedly hit a pedestrian in the area of 10368 West Bethany Road, Alexander.

The patient is unconscious but breathing.

Mercy Flight is unavailable because of weather.

Alexander Fire and Mercy EMS dispatched.

An Alexander chief is on scene.

UPDATE 4:12 p.m.: A serious injury is reported.

UPDATE 4:51 p.m.: Multiple investigators on scene.  The patient was transported to Strong.

Budding sports announcer from Batavia given award by Buffalo broadcasters

By Howard B. Owens

Batavia High School graduate and former "voice of the Muckdogs" Griffin Della Penna has been recognized by the Buffalo Broadcasters Association with the annual BBA Russert Award.

The BBA recognizes an undergraduate or graduate student with a promising future in radio, television, digital media and/or social media with the annual Tim Russert Media Career Award. The awardees are given a $1,000 scholarship and are honored at the Hall of Fame dinner, which was this past weekend.

Della Penna is a Canisius student who has worked with the Buffalo Sabres and Bandits. He has worked on the Sabres website, including prospect updates, practice reports, and community events. He is also a Canisius College Athletics reporter.

He was a broadcaster for the Muckdogs during the first year the Muckdogs competed in the Perfect Game Collegiate Baseball League.

The BBA Russert Award went to two budding broadcasters who both aim for a career in Sports broadcasting.

Also honored was Sara Holland, a senior at the University at Buffalo.

Photo via social media.

Defendant in gun possession cases granted request for new attorney, wants to renegotiate plea

By Howard B. Owens
Tarrence Williams

A Batavia man who already admitted to a drug-dealing-related charge wants the chance to withdraw his plea so he can perhaps bargain for a prison sentence that includes a gun possession arrest on Sept. 30.

Tarrence Yuron Williams, 22, asked for a new attorney in County Court today saying he was dissatisfied with the representation provided by Public Defender Jerry Ader.

Judge Melissa Lightcap Cianfrini granted Williams' request to change attorneys even though District Attorney Kevin Finnell said he saw no grounds for letting Williams withdraw his prior guilty plea, which occurred before the second alleged gun possession charge following a "shots fired" incident on Ellicott Street in Batavia.

Williams was arrested in December and charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing 3rd.  

He later entered a guilty plea to attempted criminal possession of a controlled substance 3rd.

A drug possession charge in the third degree means authorities believe you possessed enough narcotics to sell, not just what you need for your own consumption.  It doesn't mean the defendant was caught in the act of selling drugs.

Then on Sept. 30, while Williams was awaiting sentencing on the drug charge -- that was supposed to be today -- police responded to Ellicott Street in Batavia for a report of shots fired and a man running from the area.

Sgt. Dan Coffey spotted a man on the Ellicott Trail between Jackson and Evans streets, and the man ran so Coffey chased him.  The man was later tackled in a grassy area next to Court Street, and later a weapon was recovered under bushes near M&T Bank.

Williams was charged with criminal possession of a weapon 2nd, a Class C felony, and criminal possession of a weapon 4th, a Class A misdemeanor, and jailed on $50,000 bail.  He remains in custody.

He asked to be released under supervision so perhaps he could find his own attorney, mentioning Thomas Burns as his preference. He wanted to know if there was a way to have Burns assigned to him through the assigned council program.

Cianfrini said the assigned attorney program will assign the next attorney in line and available, not necessarily the attorney of his choosing.

She said he could get friends or family to contact a retained attorney if he didn't want an assigned attorney.  

He would have to pay for a retained attorney.

Judge calls convicted arsonist a 'danger to society,' sends him to prison for 10 years

By Howard B. Owens
Matthew Zakrzewski

It was one of the most significant sentences she's ever given out as a judge, Melissa Lightcap Cianfrini told convicted arsonist Matthew Zakrzewski right after telling him he was going to prison for 10 years.

Ten years was the maximum Cianfrini could give to Zakrzewski under terms of a plea agreement.

In August,  Zakrzewski admitted to arson 2nd and arson 3rd.

If a slip of the tongue is any indication of what was on her mind, she would have sent him to prison longer.  

She sentenced him to 10 years on the arson 2nd conviction and then said she was sending him to prison on arson 3rd for 7 1/2 to 15 years.

A couple of minutes later, she caught her mistake and amended the arson 2nd term to five to 10 years.

Cianfrini called Zakrzewski a danger to society.

"The system needs to have you under supervision for as long as possible to ensure society's safety and security," Cianfrini said.

Both sentences will run concurrently.  Zakrzewski also faces five years on parole once he's released.

Part of Cianfrini's reasoning includes Zakrzewski's lengthy criminal record, which she characterized as escalating in severity, including a DWI and an assault, along with his failure to abide in the past with terms of his release.

She acknowledged Zakrzewski's substance abuse and mental health issues but told him he should use his time in prison to rehabilitate himself. 

"Prison can't make you do anything," Cianfrini said. "They can't force you to take classes. They can't force you into counseling.  It's up to you to do those things on your own."

The 42-year-old Batavia resident admitted to starting a fire at Washington Towers on Jan. 16, among other crimes on that date and preceding days.

The fire caused more than $10,000 in damage (Zakrzewski was ordered to pay restitution) but District Attorney Kevin Finnell said it could have been much worse.

"We were moments away from a disaster," Finnell said. "There's no excuse, reason, substance abuse, mental health issues, that can excuse starting that fire in an apartment building filled with older residents who could have lost their lives."

Defense Attorney Fred Rarick pointed to Zakrzewski's long history of mental health issues and a system, he said, that hasn't done much to assist him.  He asked for a five-year prison term.

Zakrzewski apologized for his actions and admitted his struggle with drug and alcohol abuse.  He said what he did at Washington Towers wasn't really who he is.

"Thank God, nobody was seriously hurt or killed," Zakrzewski said.

Le Roy shut down Hornell for 33-0 win

By Howard B. Owens

Le Roy shut out Hornell on Friday night in Hornell, 33-0.

Adrian Stephens was 3-8 passing for 51 yards and a TD.

The TD was a 17-yard connection to Merritt Holly, Jr.

Jackson Fix was 1-4 passing for 21 yards, hitting Cal Koukides for a touchdown.

Emmanuel Fisher gained 90 yards on five carries and scored a TD.

Fix rushed 16 times for 54 yards and a TD.

Stephens, 47 yards on nine carries, also scoring a TD.

Photos by Ed Henry.

Top photo: Connor Hegeman displays perfect tackling technique. 

Ryan Higgins’ pressure led to an incomplete pass.

Le Roy center Holden Sullivan taking on multiple linemen. 

Le Roy’s Merritt Holly pulls in a TD pass for the Knights. 

Mav Cook (left) and Cal Koukides double-team on defense. 

Le Roy’s Bryce Lathan smothers the Hornell QB. 

Xavien Walker (left) congratulates Manny Fisher on his 84-yard TD run.

Lack of kitchen staff forces Sweet Betty's in Le Roy to close

By Howard B. Owens

Many businesses have found it hard recently to staff their operations, and now one restaurant's inability to find a cook has forced it to close its doors.

Sweet Betty's owner Gabrielle (Gabby) Keister said her restaurant is closing because of kitchen staffing issues.

"We’ve been looking for a cook for over a year, part-time or full-time," Keister said. "We are done trying to beg people to work."

Restaurants across the nation have been struggling with staffing since the shutdown at the start of the pandemic. The National Restaurant Association estimates nearly a million workers have left the industry.

The Department of Labor has not yet released September's unemployment rate, but in August it was 3.0 percent in Genesee County with only 900 people considered unemployed.  

Genesee County's unemployment rate has remained below 4.0 percent since September 2021.

Sweet Betty's opened in 2020 at 15 Main St., Le Roy, during the pandemic.

In a social media post, Keister said, "Who would have thought we’d make it through, and so successfully? It was because of your (customers) continuous patronage that this was possible."

For those who have gift certificates, she said, customers can stop by on Friday from 4 to 6 p.m. with gift cards for a refund or to buy hard ice cream -- 25 flavors to choose from.

She said Sweet Betty's will participate in the Winterfest on Dec. 3.

"We will have Santa and Mrs. Claus and the second annual “Maddie Master’s Pay it Forward” one-mile walk, as well as luminaries and a walk to the tree-lighting.

"Thank you for making the past two years a lot of fun," she told customers. "We will always remember all who supported us during our venture!"

Previously: From burgers to cheesecake, new Le Roy restaurant is a sweet addition

Photo: File photo by Howard Owens of Gabby Keister, her husband Scott Keister, and their son Scott (on left).

After changing his mind a few times, defendant in Alexander double homicide admits to murder

By Howard B. Owens
Raul Cruz

One of the two men charged with murder in the double homicide of farm workers in Alexander on March 11 had a hard time deciding whether to accept a plea deal that would have capped his prison sentence at 23-to-life.

The alternative, if convicted at trial, would be a possible sentence of life without parole.

Raul Cruz had multiple conferences over the course of the day with his attorney Fred Rarick but it was a family member sitting in the gallery who persuaded Cruz to take the deal.

"What are you doing?" asked a woman who later identified herself as the defendant's sister-in-law.

A few minutes before that question, Rarick had returned from a private meeting with Cruz and informed District Attorney Kevin Finnell that Cruz had changed his mind and would reject the plea offer.

Then Cruz came in, and in response to the woman's question said he didn't know what to do.

"It's hard," he said. "I don't understand. They're offering a deal on a case that's still under investigation. If it's still under investigation, how can they charge me?"

He was referring to an allegation that while in jail, Cruz paid money to an inmate about to be released to give a "blunt" (a cigar hollowed out and filled with marijuana) laced with fentanyl to a witness.

The potential witness tampering case could, on its own, be worth 25 years in prison.

Finnell had already explained in court that the investigation was paused when he learned Cruz was going to accept a plea offer but that it would be completed and Cruz would be charged if he rejected the plea offer.

"I think you should take it," the woman told Cruz.  "I'm just thinking of you."

Cruz was facing an indictment that includes first-degree murder and two counts of murder in the second-degree, arson, and petit larceny.  Pending charges include witness tampering and two possible counts of introducing prison contraband.  Cruz reportedly had a sharp object, or objects, in jail on one or more occasions.

The offer Cruz eventually accepted was a guilty plea to two counts of murder in the second degree, with a sentencing cap of 23 years to life on each count to run concurrently and a guilty plea intimidating a witness with any sentence on that conviction to run concurrently.  The plea would satisfy all other pending charges.

If the 18-year-old stays out of trouble in prison, he could be a free man in 15 years.

Cruz first appeared in court today just before noon and Judge Melissa Cianfrini thought she would be presiding over a hearing where Cruz would accept the plea offer only to learn that Cruz had yet to indicate to his attorney that he would accept the offer.

Cianfrini called for a recess of more than three hours to give Rarick and Cruz time to meet at the jail and go over the plea offer again.

When they returned to court, Rarick informed Finnell that Cruz was rejecting the deal, and then a smirking Cruz entered the court

When Cianfrini re-entered the courtroom, the hearing resumed, and she asked Cruz if he had made a decision.

Cruz said nothing for several seconds.

"I'm not going to accept it," he told Cianfrini.

After more conversation about sentencing parameters, there was a pause in the hearing, which is when Cruz and the woman had their conversation, with Cianfrini out of the room.

Cruz turned around, facing the front of the courtroom and whispered something to Rarick.  Rarick turned to Finnell and said, "He's going to take it."

Cruz turned to the woman and said, "I let him know I'm going to take it."

"Don't change your mind," she said.

"I think she's giving you wise advice," Rarick told Cruz.

When the hearing resumed, Cianfrini began the detailed recitation of the plea offer and what rights Cruz surrendered as part of the plea offer, including his right to a trial.

When it came to a discussion about Cruz giving up his right to certain appeals, such as challenging evidence that could be used to convict him, Cruz said he didn't understand, so Cianfrini allowed Cruz and Rarick to again discuss the case while she left the room.

From what could be heard of the conversation in the courtroom, it wasn't clear that Cruz -- who had told Cianfrini previously that he only had a ninth-grade education and had not completed his GED -- would not change his mind again but when Cianfrini resumed the hearing, he said he would agree to appeal waiver.

In the end, Cruz admitted intentionally participating in the murders of Elibander "Ivan" Morales and Marcelino Gomez Hernandez at 10216 Alexander Road, Alexander, on March 11.

Prince Wilson, of Albion, is also charged in the double homicide.

Cruz will be sentenced at 1:30 p.m., Dec. 13. 

CORRECTION: The length of the sentence was corrected to 23 years.

Photos: Eli Fish celebrates 'wet hop' beers in Jackson Square

By Howard B. Owens

Eli Fish Brewing Company hosted a "wet hop" festival on a slightly-chilled Fall day on Saturday in Jackson Square, and more than 200 beer aficionados from all over the region turned out for the event.

"The weather is kind of cooperating and not cooperating but it's a good turnout," said Eli Fish co-owner Jon Mager.

About a half-dozen other breweries participated in the event as well.

Wet hops are freshly picked hops that typically spoil quickly after harvest so they need to be added to a brew the same day as harvesting, and wet-hop beers have a short shelf life before the wet hop flavor fades.

"Today is a celebration of wet hop beers, which means we're using fresh hops," Mager said. "We only get to do it for a very short period every year so we like to celebrate them while they're here."

It's a special flavor for beer lovers, Mager said. 

"You just get a fresher taste," Mager said. "You get a more, you know, some people will say grassy or vegetal taste, but it's such a specific type that we tend to enjoy it."

Photos by Howard Owens.

Photos: The art of quilting on display at Alexander Fire Hall

By Howard B. Owens

If you think of a quilt show as just another craft show, you're missing out on the art of it.

"Quilting and sewing have made a huge comeback," said Elaine Lemley (top photo), chair of the Stitches in Time quilt show at the Alexander Fire Hall on Friday and Saturday. "A lot of people think of the Amish quilts, which are beautiful in themselves. But quilting has evolved through the years to expand to art quilts and rearranging the traditional patterns of the quilts. If you walk through here, you'll see it's very, very different now than some of the traditional quilting that grandma may have made."

The Museum Quilt Guild hosts the show every two years.  It's a chance for the 75 members of the guild to display their best work, but it's also a fundraiser for the guild.

"We do a lot of community service," Lamley said. "We have a community service section in the back corner of our show going on right now. We donate quilts to the Batavia VA Hospital, the New York State Vets Home, Arc, All Babies Cherished, both cancer centers here in Batavia. And there's an association in Buffalo called Sleep in Heavenly Peace. They take twin-sized bed quilts for kids who are sleeping on the floor. There's another organization as part of that, that actually makes up the beds for these kids so that they're getting a good night's sleep. We've been donating quilts to them recently."

Why quilting?

"It's so relaxing, so much fun, and it's addicting once we get going with it," Lamley said.

To learn more about the Museum Quilt Guild, visit the group's website.

Photos by Howard Owens.

Genesee Gymnastics posts best score of season

By Howard B. Owens

Genesee Gymnastics finished third on Friday at MCA Gymnastics competition in Byron.

Results and photo submitted by Stephani Hamilton.

Team Results: 1. Gates-Chili/Brighton: 122.5, 2. Genesee: 113.55, 3. Corning: 106.9

All Around: 1. Anna Pecor (Gates-Chili/Brighton): 34.4, 3. Roan Finn (Genesee): 30.05,  6. Emily Salmonds (Genesee): 29.45, 9. Gianna Trigilio (Genesee): 26.95, 10. Mikayla Yohon (Genesee): 26.9, 12. Hannah Spencer (Genesee): 25.4

Vault: 1. Anna Zahradka (Corning): 8.2, 3. Roan Finn (Genesee): 8.0,  4. Mikayla Yohon (Genesee): 7.8, 5. Emily Salmonds (Genesee): 7.75, 11. Nee'Kay Smith (Genesee): 7.25, 14. Gianna Trigilio (Genesee): 7.05, 16. Hannah Spencer (Genesee): 6.65

Uneven Bars: 1. Anna Pecor (Gates-Chili/Brighton): 8.65, 5. Roan Finn (Genesee): 6.2, 7. Emily Salmonds (Genesee): 6.0, 8. Gianna Trigilio (Genesee): 5.9, 11. Mikayla Yohon (Genesee): 5.35, 12. Hannah Spencer (Genesee): 5.25, 16. Samantha Copani (Genesee): 3.75

Balance Beam: 1. Anna Zahradka (Corning): 9.0, 4. Emily Salmonds (Genesee): 8.1, 6. Roan Finn (Genesee): 7.9, 10. Gianna Trigilio (Genesee): 6.8, 11. Nee'Kay Smith & Mikayla Yohon (Genesee): 6.7, 14. Hannah Spencer (Genesee): 6.45

Floor Exercise: 1. Anna Zahradka (Corning): 9.0, 5. Roan Finn (Genesee): 7.95, 7. Emily Salmonds (Genesee): 7.6, 10. Gianna Trigilio (Genesee): 7.2, 11. Hannah Spencer & Mikayla Yohon (Genesee): 7.05, 16. Samantha Copani (Genesee): 5.4

"The Genesee Varsity team may not have won the meet but they did have their best team score," Hamilton said.  "Each one of the gymnasts had at least one personal best.  I am super proud of their efforts." 

Their next meet is Saturday, Oct. 22 at MCA Gymnastics at 3 p.m. 

Run for domestic violence awareness reaps top winners

By Howard B. Owens

In a field of only 26 runners, a couple from Union City, Penn., won their respective races in Saturday's "Run Until Their Voices are Heard 5K" sponsored by YWCA of Genesee County. The event was part of Domestic Violence Awareness Month and was in honor of victims and survivors of domestic violence.

The race started and finished on North Street in front of the agency's building. 

Peter Boyd, 48, won the men's race with a time of 16:47 and Jeanette Boyd, 46, won the women's race with a time of 22:18.

Photos by Howard Owens

Dragons improve to 6-1 with 28-12 win

By Howard B. Owens

The Pembroke Dragons improved to 6-1 with a 28-12 win over Bolivar-Richburg in eight-man football on Friday.

Tyson Totten rushed for 260 yards and two touchdowns. He also threw for one TD.

Cayden Pfalzer had one rushing and receiving touchdown.

Jayden Mast and Caleb Felski each led the way defensively with 13 tackles, with Jeremy Gabbey Jr., Tyson Totten, and Cayden Pfalzer each notching 11 tackles.

Kicker Sean Pustulka was 4 for 4 on extra points.

Photos courtesy of Kim Dulski

Notre Dame breaks tie with fourth-quarter TD for 19-13 at Cal-Mum

By Howard B. Owens

Cal-Mum scored first, but Notre Dame scored last, and in the end, that's what mattered most as the Fighting Irish walked away with a 19-13 win on Friday night.

For Notre Dame, Hayden Groff scored twice in the first quarter -- on a 1-yard run and a 3-yard run.

The final touchdown against Cal-Mum/Byron-Bergen came at 11:15 in the fourth quarter when Jay Antinore hit Jaden Sherwood for 13 yards and a touchdown.

Antinore was 15-27 passing for 157 yards and the TD.  He was not intercepted.

Bryceton Berry had four receptions for 67 yards, James Fanara, six for 45 yards and Ryan Fitzpatrick, three for 24 yards.

Groff gained 53 yards on 16 attempts. 

George Woodruff led the defense with 8.5 tackles and a sack.

The Irish improve to 4-2 on the season.

Trojans now 6-0 after 32-0 win

By Howard B. Owens

After six football games, the Alexander Trojans remain undefeated with a win Friday against Midlakes 32-0.

Tyler Marino started at QB for the Trojans and opened the scoring when he hit Benny Merrill on a 20-yard play-action pass down the middle.  

In the 2nd quarter, Marino found Merrill again on a 20-yard TD catch.

Marino then scored on defense with an interception, taking the ball 90-yards downfield for the TD. It was his second pick-six in two weeks. 

In the second half, the Trojans took the opening kickoff and on the first set of downs, Trenton Woods found Merrill on a 55-yard TD pass. Late in the third quarter, Woods scrambled in for a TD run from 4 yards out.

Behind a stout line of Cristian Kissell, Jaden Snyder, Connor Thompson, Dom Kwiatek, Cole Dean, and Dylan Pohl, running back Ricky Townley became the Trojan's first 100-yard rusher in a game this season, running for 114 yards on 16 carries.  Kaden Lyons gained 73 yards on seven carries.

Defensively, Mason Bump and Ricky Townley each had 6 tackles and Townley forced a fumble.

The Trojans are home next week against Cal-Mum.

Authentically Local