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County Manager Gsell helps apprehend alleged car thief

By Howard B. Owens

Jay Gsell can polish up his resume. Under "Genesee County Manager" he can add "Batavia Crime Fighter."

Gsell helped Batavia police capture an alleged car thief this morning.

Police received a report at 5:45 a.m. of an auto theft in progress at 310 Washington Ave. 

When police officers responded, they found the car partially in the roadway and abandoned.

Gsell was out for his morning run and saw a suspect jump over a fence near where the car was abandoned. Gsell provided police with a description of the suspect and then continued on his way.

A short time later, Gsell reportedly spotted the same man near the Richmond Memorial Library. He dialed 9-1-1.

Apprehended by police was Kyle Monroe (pictured). Monroe allegedly possessed the keys to the vehicle at the time of his arrest.

The same car was reported stolen twice before. The first time, on Oct. 29, the car was recovered in the area of the sand wash on Cedar Street. It was determined that keys were used to steal the car, but the keys were not recovered.

The same car was stolen again on Nov. 6.  It was recovered two days later on Holland Avenue. Again, investigators determined that keys were used to heist the vehicle, but again, the keys were not recovered.

After two thefts, the owner placed an anti-theft device on the steering wheel, which apparently helped thwart the third attempt.

Monroe was charged with criminal possession of stolen property and the investigation is ongoing. More charges may be filed.

The same suspect was arrested Oct. 24 in the Town of Batavia, according to police, when he was allegedly caught driving a different stolen vehicle. He was charged with criminal possession of stolen property in that case, as well.

UPDATE Wednesday, 8:27:  I asked Det. Rich Schauf if there was any link between Monroe and the car break-ins of the summer months, and whether the keys to the stolen car might have been taken during one of those break-ins.  Here is Det. Schauf's response:

The best we can tell is the keys were found and used while Monroe was (allegedly, ed.) illegally going “through” the car on the 29th, the first time the car was stolen. We do suspect he is one of the people involved in illegal car entries over the summer. At this point we do not have any conclusive evidence to link him to other illegal car entries.  Also, to answer one of the readers’ questions about Grand larceny. In this case the suspect was arrested for Criminal Possession of stolen property for possessing the keys to the car which were stolen. To prove Grand Larceny the person would need to be caught in the act of stealing the car or admitting to stealing it. Most often a person caught in a stolen car will not admit to stealing it. Unless it can be proven they stole the car, the  charge of criminal possession of stolen property may be used. Or if the element of “knowingly” possessed stolen property cannot be proved another charge of unauthorized use of a motor vehicle may apply.  Both Criminal Possession of stolen property fourth and Grand Larceny fourth are classified as E Felonies.

VA patient allegedly attacks police officer outside Batavia Downs

By Howard B. Owens

A passerby came to the aid of a Batavia Police officer today Friday when a patient of the VA Medical Center attacked him near Batavia Downs.

Officer Chris Camp responded to a report of a drunk man walking in traffic on Park Road, and when Camp arrived he observed a man standing in the road with a beverage container in his hand.

Camp approached the individual and asked him to leave the roadway. The man reportedly refused to move and without warning attacked Camp, grabbing his neck.

The officer defended himself and a nearby citizen also jumped in to help pull the alleged attacker off Camp.

Taken into custody for mental health evaluation was Paul Daly, 28, of 29 Waverly St., Cattaragus. Daly was later charged with assault in the second degree and disorderly conduct.

Camp was treated for his injuries and then finished his shift.

GCEDC leads official ground break on new agri-park

By Howard B. Owens

There may be gold in the hills between routes 5 and 63 on the east side of the Town of Batavia.

At least that's the impression left from this morning's groundbreaking for an agri-business park being made "shovel ready" under the guidance of the Genesee County Economic Development Center.

The $6 million project could lead to millions in revenue growth for the county, and as much as a $40 million annual payroll for as many as 1,200 workers.

The return on investment, according to GCEDC CEO Steve Hyde could be as much as 30-1 -- $30 gained in the local economy for every $1 spent on the project.

"This is a story of a vision that is really becoming reality," Hyde said.

Construction actually began two weeks ago and while only one Canadian food processor is among the future planned tenants, Hyde said he is confident several more companies will gain interest in the project once the economy turns around.

He said he expects future tenants to invest as much as $230 million in private capital to build their facilities.

He said the agri-business park is the first of its kind in the Northeast and brings together a confluence of factors that should be attractive -- inexpensive, easily accessed water, inexpensive power, a rail line and trucking routes.

The project is the result of GCEDC helping to bring together public and private funding to raise the $6 million to make the 200-acre park shovel ready (grading, building roads, bringing infrastructure), with contributors including the state and Town of Batavia as well as Farm Credit of Western New York.

New York Farm Bureau President Dean Norton (pictured, inset) called the project near and dear to his heart.

"It's a prime example of what state agencies and private groups can do when they get together and work for the betterment of agriculture," Norton said.

No criminal charges planned in Byron fire

By Howard B. Owens

The individuals involved in starting a bonfire that apparently ignited a fire in Byron on Sunday night will not face criminal charges, according to the Sheriff's Office.

Chief Deputy Jerome Brewster sent this e-mail:

District Attorney Friedman recommended no prosecution. He stated that the actions surrounding the fire's start are not criminal in nature.

Previously:

Iraq war vet died of wound to head after fall

By Howard B. Owens

Iraq War Veteran James M. Maher was a troubled young man who had at least one acquaintance frantically searching for him hours before his death because he had threatened to harm himself. But a medical examiner has concluded he did not take his own life,

Maher, 27, died of blunt-force trauma to his head. The injury, a result of a fall. There were apparently no witnesses.

Police say Maher had been drinking prior to his death. He had also placed phone calls to friends threatening to harm himself.

A hotel employee contacted The Batavian yesterday and reported that a man entered the hotel about 9:30 p.m. on Saturday and said he was looking for a PTSD patient who had left the VA facility and had threatened suicide.

The body of Maher was found in the bushes next to Blockbuster on Lewiston Road about 10:15 p.m. on Saturday.

Maher, a Mechanicville resident, was a patient at the VA Medical Clinic, where he was being treated for PTSD (Post Traumatic Stress Disorder), according to an obituary published in the Albany Times-Union.

The police will continue to investigate the case, according to a news release this morning, as they try to track down Maher's movements prior to his death.

Motorcyclist who hit deer in satisfactory condition

By Howard B. Owens

A motorcyclist is in satisfactory condition at Strong Memorial Hospital after hitting a deer on Route 19 yesterday.

Jeffery Dorris, 43, of 54 Perry Ave., Warsaw, was traveling southbound on Route 19 in Pavilion at 6:11 p.m. when his bike hit the deer. Dorris was ejected forward and the motorcycle landed on top of him.

Batavia: 250th hottest place to retire

By Howard B. Owens

You might not think of Batavia as a hot retirement destination, but according to a study by American City Business Journals, it is -- after 249 more popular choices.

That's right -- Batavia, in wintry, high-taxed, economically challenged Western New York is the 250th hottest place to retire.

That puts it ahead of such places as Klamath Falls, Oregon, Knoxville, Tenn., Clewiston, Florida and Bay City, Texas.

A total of 940 cities were ranked in the list.

Young man found dead Saturday in Batavia was Iraq War veteran

By Howard B. Owens

A young man who was found dead outside the Blockbuster store on Lewiston Road on Saturday night was being treated for PTSD (Post Traumatic Stress Disorder) at the VA Medical Center in Batavia, according to an obituary published in the Albany Times-Union.

The obituary reports that James M. Maher, 27, died of injuries sustained in a fall.

The official cause of death remains under investigation. It has been categorized by Batavia Police as an "unattended death." No foul play is suspected.

Maher was an Iraq war veteran, having served an 11-month tour in Iraq with the Army 101st Armored Division, earning the Combat Infantry Badge and the Army Achievement Medal.

A 2000 graduate of Mechanicville High School, Maher entered he military and served in New York City immediately after 9/11.

He was born in Saratoga Springs, July 17, 1982, son of Michael Maher and Janet (Tony) Amoroso, both of Mechanicville.

According to the obituary:

After being released, James worked at several mortgage brokerage firms in the Capital Region, and lastly worked for Royal Pharmaceuticals of Malta. Growing up, James was always the "daredevil" of the group, enjoyed bridge jumping, parachute jumps and parasailing, or as his family says, "The faster and higher, the better."

Donations are encouraged in his name to Jack Wisby PTSD Clinic, c/o Dr. Paul Harrigan, VAWNY Health Clinic, 222 Richmond Ave., Bldg. 5, Batavia, NY 14020.

Today's Deals: Matty's Pizzeria, Magarita's, South Main, Present Tense and more

By Howard B. Owens

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. Dine-in, Take-Out, or Delivery. We have a $20 gift certificate for $10.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding.

Belladessa's Pizzeria/Jackson St. Grill, 9 Jackson St., Batavia, NY: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Men, enjoy a $5 haircut again with this offer exclusive to The Batavian. (gift card can be applied toward other services, but not products).

Great Kutz

New York Prime does it again at Batavia

By Howard B. Owens

Press Release:

Batavia, NY --- New York Prime tied Outlaws Ransome for the winningest horse at the 2009 Summer-fall meet when he took the featured $8,000 Open Handicap, Saturday night (Nov-7.) at Batavia Downs Casino.

In eight Batavia starts, New York Prime has won seven and finished second in the other. He’s won 18 races this year which makes him one North America’s best, only three horses, Shortest Distance, Bell On Wheels and Real Expresso have won more.

Tom Agosti sent New York Prime right to the top and they were cruising on the lead in :59.3. Approaching the five-eighths the real race started when last week’s Open winner, Arm and a Leg with Kevin Cummings, moved alongside to challenge.

The two best pacers in Western New York put on quite a show as Arm and a Leg gained command at three-quarters in 1:28 but couldn’t clear.

Around the final turn Arm and a Leg was still in front but feeling pressure from both sides as New York Prime was beginning to fight back at the rail while Oh Gee Whiz and Ron Beback. Jr., were advancing three-wide. At the top of the stretch all three pacers were across the track.

Down the lane it was a determined New York Prime who fought back to score a neck victory over a very game Arm and a Leg in 1:56.3. Oh Geez Whiz wound up third.  

New York Prime, a 6-year-old son of Bettor’s Delight, is trained by Alex Giuliani for owners Richey Edward Myers, Jeffry Myers, Robert Marsjanik and Robert Stern.

2009 Downs dash leading driver Kevin Cummings and Ron Beback. Jr., scored hat tricks on Saturday night while Tom Agosti had a driving double. Jim Graham, Alex Giuliani and Ron Beback. Jr., conditioned a pair of winners each.

Racing resumes on Tuesday night, this will be the last Tuesday of the season. It will also be the final opportunity to take advantage of one of the best deals ever offered at America’s oldest lighted harness track. Purchase one clubhouse buffet at the regular price ($13.95) and receive $10 back in Casino free play. Post time is 7:05 p.m.
 
Todd Haight
Promotional Marketing Specialist
Batavia Downs Casino

Truck off road, in swamp off Batavia-Oakfield

By Howard B. Owens

A pickup truck has reportedly gone off the road in the area of 2964 Batavia-Oakfield Townline Road.

The truck is reportedly in a swamp area.

No report on injuries.

Mercy EMS and Town of Batavia Fire responding.


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Last night's Byron fire under investigation by Sheriff's Office

By Howard B. Owens

We heard an investigator was 6296 W. Main St. (Route 262), Byron, the scene of last night fire, and so we e-mailed the Sheriff's Office for more information.

Chief Deputy Jerome Brewster sent the following reply:

The investigator assigned is currently back out at the scene. He will be consulting with the District Attorney's Office about possible charges later this afternoon. As far as arson, that will be one of several possibilities that will be discussed. 

Pedestrian struck by truck on Summit Street

By Howard B. Owens

A pedestrian has been hit by a dump truck in the area of 29 Summit St., Batavia.

The initial report had people trying to help her get up.

Mercy EMS and Batavia Fire and Police are responding.

UPDATE 2:54 p.m.: The person struck was not walking, but on a bicycle.


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Alleged hit-and-run driver strikes pedestrian in Stafford

By Howard B. Owens

A pedestrian was hit by an alleged hit-and-run driver Saturday at 6:14 p.m. on Route 5 in Stafford.

Richard D. Sanderson, 24, of 5563 Broadway Road, East Bethany, said he was walking along the road when a car crossed the white fog line and struck him with the passenger side mirror.

The mirror struck his hip.

Sanderson was transported to UMMC.

The driver has not been identified and no further description of the vehicle was released.

Police Beat: Man accused of firing shotgun at neighbor's front door

By Howard B. Owens

Gary W. Merritt, 50, of 9570 Bernd Road, Le Roy, is charged with reckless endangerment in the first degree. Merritt allegedly fired shotgun rounds at a neighbor's house. The rounds struck a glass door while the resident was standing near the door. The alleged incident occurred Saturday at 3:15 p.m. and was investigated by Deputy James Diehl. Merritt was released under supervision of Genesee County Justice.

Darryl Stephen Johnston, 34, of 111 Copeland St., is charged with petit larceny. Johnston is accused of stealing five bottles of booze off the bar at the Pizza Pantry in Corfu. The bar was closed at that time of day on Aug. 28. Johnston was arrested at his home in Rochester on Nov. 4.

Paul S. Banach, 22, of 166 Lake Road, Avon, is charged with DWI, driving with a BAC of .08 or greater, failure to stop for a stop sign, speeding and driving left of pavement markings. Banach was stopped Saturday at 2:50 a.m. by Deputy Jason Saile on Route 262 in the Town of Byron.

Arthur W. Hale, Jr., 48, of Foxe Harrow Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Hale was allegedly observed crossing a double yellow line once, and a dotted yellow line twice on Route 33 in Stafford by Sgt. Greg Walker at 2:03 a.m. on Saturday. The officer stopped Hale and determined that he was allegedly driving drunk. Hale was also cited for failure to keep right and refusing to take breath test.

David M. Jackson, 32, of Bethany, is charged with harassment and endangering the welfare of a child. Jackson was arrested by State Police at 6:10 p.m. on Saturday. No further details available.

New Today: Margarita's Mexican Restaurant

By Howard B. Owens

New Today: Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding.

Carlson's Studio, 39 Jackson St., Batavia, NY: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $50 gift card for $25.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Winter teas, spices and fall colors for your home in stunning floral arrangements and seasonal wreaths are now available at Herbly Wonderful. We have a $25 gift certificate for $11.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

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