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The Holland Land Office Museum hosted its annual Wonderland of Trees Gala on Friday evening, giving guest an opportunity to view all the trees decorated by local businesses and organizations, as well as participate in a basket raffle, and enjoy the holiday backing track provided by the DSP Jazz Trio.

Photos by Howard Owens.

High construction costs and high interest rates have temporarily shelved plans to expand the Hotel at Batavia Downs.

The Western Regional Off-Track Betting Board of Directors voted on Thursday to temporarily "pause" expansion plans on the recommendation of outgoing CEO/President Henry Wojtaszek.

Wojtaszek said the executive team sought construction estimates for the proposed expansion and the estimates -- not bids -- came in at $16 million and $16.5 million, which is about $4 million more than the original cost estimate.

"Because of the high cost of the estimate to build a hotel and the high cost of borrowing, we recommended to the board that they delay their decision and come back and review (the proposal) in six months to a year," Wojtaszek.

The Hotel at Batavia Downs is currently an 84-room luxury facility that opened in 2016. It was originally constructed and operated by ADK Hospitality, a Buffalo-based company. It costs ADK $5.4 million to build the hotel. The OTB purchased the hotel in 2021 for $8 million.

Officials were looking at an expansion that would essentially double the size of the hotel, with a new wing added to the north side of the current hotel.

Byron Brown, the new CEO and president, said pausing expansion given the current construction market makes sense.

"The construction companies that reviewed this felt that costs in the construction industry are extremely high right now and that interest rates are high right now, and we should delay seeing if construction costs come back down and if interest rates go down," Brown said. "And, you know, one example of this is if you even look at reporting on the Bills new stadium project, construction expenses have ballooned by over $560 million over original estimates."

Asked about the possibility of new import tariffs, as promised by the incoming White House administration, raising the cost of construction, thus making the project even more expensive to pursue, Brown said, "That's why we made the recommendation to delay moving forward with the hotel expansion, so that we would give the board the opportunity, with the management team to look at these things and to look at the costs, and if costs come back in line, then we would be able to move forward. And if costs don't come back in line, that would be something that the board would need to consider."

The board, Wojtaszek said, will likely look at a scaled-down expansion (fewer new rooms) at its December meeting to see if it could be financially feasible. 

The board may also be asked to authorize construction BIDs to see if maybe they come in lower than the estimates, Brown said.

As he stepped into his new role as president and CEO, Bryon Brown noted that the hotel has helped contribute to revenue growth at Batavia Downs and he said he supported expansion.

"(The hotel) has led to this corporation becoming a lot more profitable," Brown told The Batavian in October. "So purchasing the hotel in the first place was a very good decision. From my perspective, just being able to evaluate this during the week that I've been here, I think expanding would be a good decision as well. But again, I don't want to try to speak for the board."

Brown said delaying expansions is a disappointment for all concerned.

"The management team and the board are all disappointed. I'm disappointed," Brown said. "You know, we did not anticipate the numbers being this high with the increase in construction costs and interest rates, but we have to make a sound business decision, and that's what we're doing by recommending that the hotel expansion be delayed at this time."

Penny Sallome has a message for Bob Darch from the Grandview Cemetery board of directors: You're appreciated. 

Darch is past treasurer and the current VP, but also a tireless volunteer, Sallome said.

"He is a genuine giving guy," Sallome said.  "He spends countless hours picking up garbage, fixing plants that fall over, trimming, picking up sticks -- you name it, he does it.   His presence is seen almost daily by anyone who is in the cemetery."

Sallome said the board appreciates all that Darch does for the cemetery and how much he cares about the community's families who have loved ones interred there.

"He truly puts his whole heart and soul into taking care of them," Sallome said. "We could not do this without him."

Eric J. Merritt, 35, of Buffalo, is charged with felony DWI, aggravated unlicensed operation 1st, driving without an ignition interlock, and leaving the scene of a property damage accident. Merrit was charged following a motor vehicle accident reported on Oct. 29 on West Main Street, Batavia. He allegedly left the scene of the accident. Merritt reportedly has two prior DWI convictions in the past 10 years. He was arraigned in City Court and released.

Danny D. Williams, 36, of Batavia, is charged with criminal contempt 1st. Williams is accused of violating an order of protection on Nov. 5 by being with the protected person. He was arraigned and jailed.

Kyle N. Kendall, 20, of Batavia, and Aiyana J. Luke, 25, of Batavia, are both charged with criminal mischief, 2nd, reckless endangerment of property, and City Code violation for unnecessary noise. Kendall and Luke are accused of causing damage to city-owned parking lot on Liberty Street on Oct. 19. They were arrested on Nov. 2 They were arraigned and released.

Alicia M. Lyons, 45, of Batavia, is charged with criminal contempt 1st, menacing 2nd, nd harassment 2nd. Lyons is accused of fighting with another person on Oct. 27 in violation of an order protection. She was arraigned and released.

Alexander C. Colon-Colon, 30, of Batavia, is charged with criminal obstruction of breathing. Colon-Colon is accused of fighting with another person on Oct. 31, placing his hands around that person's next, and as a result, the person was unable to breathe. He was issued an appearance ticket and released.

Jerry N. Stephens, 42, of Rochester, was arrested Oct. 30 on a warrant. He was issued a misdemeanor traffic ticket on May 13. The warrant was issued after he allegedly failed to appear in court. He was arraigned in City Court and released.

Perrion T. Swan, 34, of Rochester, was arrested on Oct. 31 on a warrant. The warrant was issued for Swan when he allegedly failed to appear in court after being issued a misdemeanor traffic ticket on Aug 20. He was arraigned and released.

Brandon M. Weig, 37, of Batavia, is charged with criminal possession of a controlled substance 7th. Weig is accused of possessing crack cocaine on July 26. Weig was arrested on Nov. 5 and issued an appearance ticket.

Daquan J. Butler, 28, of Brooklyn, is charged with assault 1st, burglary 1st, criminal possession of a weapon 3rd, and endangering the welfare of a child. Butler is accused of illegally entering a residence on Liberty Street, Batavia, on Aug. 25, 2023, and stabbing an adult male inside the residence. A child was in the house at the time. Butler was located in New York City by U.S. Marshals and returned to Batavia. He was arranged in County Court and jailed.

Asa A. Wooton, 20, of Batavia, is charged with reckless endangerment 2nd, menacing 2nd, criminal possession of. weapon 4th, and criminal mischief 4th. Wooten is accused of threatening another person with a knife and damaging property on Oct. 28 during a fight on Mill Street, Batavia. He was issued an appearance ticket.

Devonte T. Griner, 30, of Rochester, is charged with reckless endangerment 2nd, criminal mischief 4th, harassment 1st, and vehicle and traffic charges. Griner is accused of following another vehicle in the city of Batavia on Oct. 28 and using his vehicle to intentionally attempting to run the other vehicle off the road. Griner was located a short time later and taken into custody. He was arraigned and released.

Shquanebin Lone, 38, of Akron, is charged with burglary 2nd, criminal mischief 4th, endangering the welfare of a child, and harassment 2nd. Lone is accused of unlawfully entering a dwelling on Bloomingdale Road, Basom, at 7:42 p.m. on Nov. 3. Lone allegedly committed crimes in the dwelling in the presence of a child. She was held pending arraignment. 

Megan Marie Gray, 22, of Alabama, is charged with trespass. Gray was reportedly barred from Walmart and allegedly entered the store at 2:15 p.m. on Nov. 6. She was released pending arraignment.

Reinaldo Aponte, 60, of North Spruce Street, Batavia, is charged with criminal possession of a weapon 4th, DWI, unlicensed operation, stopped on a highway, and failure to signal turn. Aponte was stopped by Deputy Jeremy McClellan at 1:59 a.m. on Nov. 3 on West Main Street Road, Batavia. Apointe was arraigned and released.

Thomas Duane Booth, 48, of Conlon Road, Le Roy, is charged with criminal contempt 2nd. Both allegedly violated an order of protection on Nov. 12 at a location in Le Roy. He was arraigned and was released.

Paul Donald Rich, 63, of Crane Road, Medina, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Rich was arrested by Deputy Alexander Hadsall after a vehicle was found on its side  at 8:57 p.m. on Nov. 12 on Knowlesville Road, Alabama. Rich allegedly had a BAC of .17. He received treatment for possible injuries in the accident at ECMC. He was processed at the Genesee County Jail and released.

John Alano Dirosa, 44, of South Main Street, Elba, is charged with assault 3rd. Dirosa was charged following an investigation into a fight reported at 9 p.m. on Nov. 12 on Main Street in Elba. 

Keith A. Lowery, 55, of Little Canda Road, Bethany, is charged with aggravated unlicensed operation, five or more suspensions, equipment violation, and dirty/covered plate. Lowery was stopped at 1:01 a.m. on Nov. 14 on Richmond Avenue, Batavia, by Deputy Stephen Smith. Lowery reportedly had four active warrants at the time of the stop.e was held pending arraignment.

Rhiannon Joy Graff, 44, of Park Road, Batavia, is charged with DWI, driving with a BAC of .18 or higher, driving without insurance, aggravated unlicensed operation, and registration suspended. Graff was stopped at 12:54 a.m. on Nov. 15 on West Main Street, Batavia, by Deputy Mason Schultz. Graff was prossed at the jail and released.

Lakara Denise Johnson, 34, of Dellinger Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving while intoxicated with a child less than 16 in the vehicle, endangering the welfare of a child, and open container. Johnson and a male passenger were reportedly involved in a physical domestic fight in a car while driving back from Rochester at 9:52 p.m. on Nov. 10, with three children in the car. The vehicle was stopped on Seven Springs Road by Deputy Jeremy McClellan.  Johnson was ticketed and released.

Michael Charles Riggi, 54, of Pearl Street, Batavia, is charged with petit larceny. Riggi is accused of stealing $40 cash from another person while at Walmart on 3:55 p.m. on Nov. 15. He was issued an appearance ticket.

Trevon L. Armstrong, 39, of Batavia, was arrested on a warrant on Oct. 16. Armstrong was initially arrested on a charge of criminal mischief 4th, for allegedly damaging a window on Nov. 16, 2023. The warrant was issued after he allegedly failed to reappear in court. Armstrong was arraigned in and held on bail. 

Justin R. Nadrowski, 32, of Oakfield, is charged with criminal trespass 3rd. Nadrowski is accused of entering the Spirit Halloween store on Oct. 26 at 1:05 a.m. through an unlocked door. He was issued an appearance ticket.

Donald D. Ryan, 41, is charged with petit larceny. Ryan is accused of taking down payment to complete work at a residence on Clifton Avenue but never showing up start the job. He was issued an appearance ticket.

Cori L Cleland, 39, of Perry, is charged with driving while ability impaired by drugs. Cleland was allegedly found unresponsive in her vehicle on Oct. 21. She was issued an appearance ticket.\

Cody A. Bush, 38, of Batavia, is charged with assault 3rd. Bush allegedly injured another person during a fight on East Avenue on Oct. 18. He was arrested on Oct. 26 and issued an appearance ticket.

Brant G. Matthews, 30, of Le Roy, was arrested on Oct. 26 on three warrants. Matthews allegedly failed to appear in court on three separate criminal cases. He was arraigned and released.

Thomas J. Mitchell, 35, of Batavia, is charged with resisting arrest and obstructing governmental administration. Mitchell is accused of running from police when they attempted to detain him on Oct. 20 in connection with a separate incident. He was issued an appearance ticket.

The two sides in Stafford v. Pontillo seem as far apart as ever after the attorney for James Pontillo, owner of the former Odd Fellows Hall at 6177 Main Road, issued a statement this week that is flatly contradicted by the attorney for the town of Stafford.

In a statement, Pontillo's attorney, Chris Hummel, said, "The town of Stafford brought a claim for 'abandonment' as well as a laundry list of claimed code violations back in May 2024. Now that the matter has been vetted and challenged by Mr. Pontillo and his legal team, the only thing that appears to be abandoned is the 'abandonment' claim itself. The town has sought to seize ownership and possibly demolish Mr. Pontillo's property for what now appears to be a few petty code violations, at worse. The property was never abandoned. It is a vacant commercial structure that is sealed and protected and often tended to.  Mr. Pontillo has dutifully paid all of his real property taxes on the property."

David Roach, attorney for the town, responded, "Mr. Pontillo's press release is a hodgepodge of objectively verifiable lies and contextually misplaced statements.  Anyone who can read the Uniform Fire Prevention and Building Code and observe the condition of Mr. Pontillo's building, inside and out, will arrive at that conclusion."

Pontillo and the town have been at odds over the building, which Hummel, in his statement, acknowledges is historic, since Pontillo acquired it at auction from Terry Platt in 2010. While Pontillo has expressed big plans for the building, including opening a pizzeria, for which he's already installed ovens and other kitchen equipment, none of these plans have come to fruition. 

He's never acquired a building permit, except for a new roof, to carry through renovation efforts and has been reportedly told, according to public documents acquired by The Batavian, that before he can get a building permit, he must submit stamped, engineered architectural plans. He has never submitted such plans. 

Documents reveal that the town has reviewed the consequences of ownership of the building falling to the town and were advised by a former town attorney that either demolition or restoration would be exceptionally costly. 

In his statement, Hummel makes other claims that Roach's statement quoted above indicates he believes are false.

• That in 2016 the town hired its own engineer who inspected the property and gave the building a "clean bill of health." And Then two weeks later, a member of the same firm, whom Pontillo says was never in the building, later retracted the first letter and recommended legal action against Pontillo.
• That Pontillo provided two separate engineer reports to the court that state "without reservation" that the building is "basically" safe and structurally sound. "Of about 14 of the alleged code violations in the town's complaint, perhaps two of them have merit."

Hummell states, "The town has hunted down Mr. Pontillo for eight years, and the preset situation involves perhaps a couple of broken windows, some peeling paint, and a canopy/awning repair."

On Friday, Roach told The Batavian the issues to be resolved are more serious than Hummel indicates.

"There is no resolution to this case yet," Roach said. "The Town is trying to work with Mr. Pontillo on his three-pronged proposal:  (1) the building will remain vacant and unsafe for occupancy due to ongoing code violations; (2) Mr. Pontillo will replace deteriorated and thus unsafe structural members so as to reduce the risk of collapse; and (3) exterior work will be performed to protect the building from the elements and eliminate the conditions that currently render it a blight, all in accordance with sections under the Uniform Fire Prevention and Building Code." 

The many who have served in the U.S. military throughout the nation's history were honored on Monday for Veterans Day, with multiple ceremonies being held at sites in Genesee County.

At 11 a.m., veterans gathered to honor veterans at the Soldiers, Sailors, & Marines Monument (the Upton Monument).

There were also ceremonies in Genesee County Park and Forest, the Batavia VA Medical Center, the NYS Veterans Home, and the memorial monument at Jerome Center. There was also a ceremony in Trigon Park in Le Roy.

Participating organizations were Veterans of Foreign Wars, the American Legion, and Vietnam Veterans of America.

Photos by Howard Owens.

It will take days for investigators to determine what may have started this morning's fire at a animal feed processing plant at 20 Howard St., Batavia, said City Fire Chief Josh Graham.

The call came in at 7:47 a.m. and Batavia patrol officers arrived on scene first and confirmed smoke and flames, which led to an immediate second alarm. When the first fire crew arrived he said, they realized the fire was going to require more resources so a third alarm was called.

It took hours to fight the fire, which as of 2 p.m. on Saturday, wasn't completely extinguished as firefighters worked to extinguish hot spots.

"We just started now the investigation," Graham said. "The investigators went in to look around and get an initial look at this. They're gonna work on that probably for the next four or five days to try to figure it all out. There's going to be a massive amount of information to look at."

Baskin Livestock owner Bill Baskin said he is baffled by the fire.

"This is the last place I expected something like this," Baskin said.

There have been a few fires over the years at Baskin's other facility on Creek Road, Batavia. They are generally explainable because of the large furnace used to dry food items—such as discarded baked goods—which are ground into feed for cattle.

The Howard Street facility processes dry dog food into feed for hogs and heat isn't used, Baskin said. Yesterday's work crew finished at 2 p.m. on Friday and when an employee stopped by the facility at 7 a.m. on Saturday, there was no sign of fire, Baskin said.

Baskin said the two facilities are segregated to ensure the dog food doesn't contaminate the cattle feed. Spreading mad cow disease would be damaging if that were to happen, Baskin said.

On Saturday afternoon, an excavator was brought in to move debris so firefighters could attack hot spots. Graham said piles of debris would be moved, the hotspot dealt with, and then debris moved to that spot to deal with the next hotspot until the job is complete.  Even then, Graham expects calls for rekindles over the next few days.

The buildings at 20 Howard were originally constructed in 1946 and it was once a fertilizer plant. The three structures on the property were a combined 82,257 square feet.

Agencies responding to the fire: City Fire, Town of Batavia Fire, Stafford, Elba, Mercy EMS, Office of Emergency Management, Batavia PD, Salvation Army, National Grid, Sewer & Water, and National Fuel. Fill-in companies for departments that responded: Alexander, Bergen, Albion, and East Pembroke.

Photos by Howard Owens.

If you have photos or videos to submit, email howard@thebatavian.com or text 585-260-6970 

UPDATE: Thank you for all the submissions.  I won't be available the rest of the day to post any additional photos that come in.

Power has been cut in the immediate area of the Howard Street fire for the safety of fire personnel on scene.

National Grid reports that 516 people along the north and south sides of Ellicott Street are without power.

Sheriff Bill Sheron, who retires at the end of the year, was honored at Terry Hills on Thursday evening as a man who has not only served the residents of Genesee County for 47 years but has also been an innovator who has developed new programs to fight crime and assist and protect the young people of the community.

Sheron helped create the Local Drug Task Force in 1989. As sheriff, he created the department's School Resource Officer program, instituted the teen academy to introduce high school students to careers in law enforcement, and oversaw the construction of a new state-of-the-art jail in the town of Batavia.

Sheron started his career with the Sheriff's Office just before his 19th birthday in 1977 as a dispatcher before moving to road patrol. He transferred to deputy sheriff in the jail, then road patrol, then sergeant, then investigator, and then chief deputy of road patrol in 1993, undersheriff in 1996, and sheriff in 2017.

Legislator Shelley Stein recognized Sheron's willingness to shoulder the burden for public safety in Genesee County.

"It's our privilege to be here to celebrate the years of service Bill Sheron has carried on behalf of Genesee County," Stein said. "At first, he took up a badge, and then he took the mantle, and he has carried that for us. And it's not an easy weight."

City Council President Eugene Jankowski, a retired Batavia PD lieutenant, said he understands that burden, noting that there are nearly 60,000 residents in Genesee County.

"He's responsible for every one of those people who live there," Jankowski said. "It's a lot of work. It's a lot of worry. It's a lot of dedication, and he truly deserves his retirement, and I wish him all the best."

It was tailgate time in Park Place at Batavia Downs for Thursday Night Football, with wings and beer, along with other traditional tailgate fare.

The first-time event was a fundraiser for Home Care and Hospice.

Photos by Howard Owens.

A Batavia High School legend, died Wednesday in Atlanta at age 88.

Bossler, a fullback, played seven seasons with the Washington Redskins, amassing 3,112 rushing yards and 22 touchdowns. He was drafted by the Redskins in the ninth pick of the first round of the 1957 draft.

He was heavily recruited coming out of Batavia HS and was a four-year starter at the University of Miami.  In his senior year, MIami finished 8-1-1 and the team was ranked sixth in the nation.  He is a member Batavia High School Athletic Hall of Fame, the Greater Buffalo Sports Hall of Fame, and the College Football Hall of Fame.

He rushed for 1,642 yards at Miami. He was a first team all-American in 1956 (Jim Brown and Johnny Majors were also in that backfield) and was named MVP of the Senior Bowl when he ran for 187 yards. 

While at Miami, one sports writer referred to him as "The Batavia Bulldozer."

In Stafford v. Pontillo, a resolution appears to be at hand to ensure that the former Odd Fellows Hall, 6177 Main Road, meets the state code for vacant buildings.

Both parties were at the Genesee County Courthouse on Thursday to discuss the case, and David Roach, attorney for the town of Stafford, said they were in the process of negotiating a framework for bringing the building back to a state of code compliance, though not back to a condition that would allow occupancy.

"The code allows you to have a vacant building," Roach said. "But the code says if it is vacant, it still has, and this is the New York State property maintenance code, which says it still has to comply with certain conditions under varying sections of the code. So that's what we're working on right now, addressing what needs to be done under various sections of the New York property maintenance code."

James Pontillo said he still plans to restore the building, at least to the point of permitting businesses and residents to occupy it. To get there, he said he needs more cooperation from the town. In the meantime, he intends to meet the town's demands for basic code compliance.

"Some of it is aesthetics. That's part of it, the outside and stuff like that," Pontillo said. "The inside, everything was done for safety when we had tenants in that, so that hasn't changed."

There seems to be some discrepancy in understanding about whether building permits will be needed for the work Pontillo will be required to do. Pontillo told The Batavian that he won't need a building permit or architectural drawings for the work needed. Roach indicated that stamped architectural plans are required.

"Plans will still have to be submitted with a building permit application," Roach said.

The requirement for stamped architectural plans, it seems, have always been at the heart of the now decade-long conflict between Pontillo and the town over rehabilitation of the building.

In a FOIL request from The Batavian for all the documents in the town's files on the former Odd Fellow's Hall, the topic came up four times, with Pontillo being told he needed to submit stamped, engineered architectural plans to obtain a building permit. The trove of documents indicate he never submitted such plans and Roach made the same assertion.

A decade ago, Pontillo shared his ambitions for the building with The Batavian. Later, Pontillo invited The Batavian into the building to see all the kitchen equipment installed downstairs—high-end pizza ovens and other equipment—in anticipation of opening a pizza parlor.

On Thursday, Pontillo blamed the town and circumstances for the stalled restoration plans.

"There's been a lot of litigation. The town really comes across as being litigious," Pontillo said. "I think three days after I bought the building, I started having back and forth (with the town). I don't think it helps that we've had multiple clerks in that amount of time. We've got, I think, five inspectors, and (Gene) Sinclair's been in and out. That doesn't help. So when you also have attorneys, I think they've found that attorneys have changed since I've been in the community at least four times. So when you start adding all those, they have to keep on starting over. Many things get missed."

Pontillo said he did submit stamped plans for the roof replacement and that he submitted drawings for other work inside the building.

He also said he has no issue with Sinclair, who is now working with him as he remodels his personal residence at another location in the town, and he said town residents have been incredibly supportive.  He said his issues seem to be with the town board.

Roach said blaming the town misses the point that Pontillo has never submitted stamped, engineered plans in order to get a building permit.

"You can look at one very objective thing. Did he ever submit architectural or stamped, engineered plans for the construction in conjunction with a building permit application?" Roach said, adding the answer is "No." 

"Plans have never been stamped, engineered plans or architectural plans were never submitted," Roach said. "So to say, 'you never allowed me to do the work,' Well, you never did what you were supposed to in order for us to approve work."

Pontillo was hopeful outside the courtroom that, while he thinks the issues are with the town, they can reach an agreement so he eventually moves forward with more ambitious plans for the historic building.

"We're trying to get over these hurdles that the town has put in front of us that everybody's asking that (when he will finish), and until we know that the town's going to back off and allow us to finish and then maybe we can sit down and put that plan together," he said. "So that's why I stayed with it as a vacant building right now."

Members of the Anna Ingalsbe Lovell Chapter of the Daughters of the American Revolution partnered with the Holland Land Office Museum on Wednesday to honor veterans from all eras, giving away pins, flags, challenge coins, stickers, and Constitution booklets.

"It's just our way of the DAR to help serve veterans and our mission to thank them for everything they've done for our country," said Robin Ettinger.

A life sentence. That is what victims of sexual abuse get, District Attorney Kevin Finnell said in County Court on Wednesday morning, a sentiment Judge Donald O'Geen agreed with before sending John Volpe to prison for what is likely the rest of his life.

The 71-year-old Alexander resident, who entered court and left court with the assistance of a walker, was sentenced, in accordance with his plea agreement, to 10 years to life in state prison.

His victim, now a young woman, will deal with the consequences of his sexual abuse and manipulation for the rest of her life, O'Geen said.

O'Geen described the young lady as strong and courageous.

"I have high hopes, based on her comments today, that she will live a good life, especially with the people around her to give her the strength to pull through," O'Geen said.  

Finnell opened his statement to the court before sentencing by noting that Volpe would spend the rest of his life in prison, but the life sentence goes both ways.

"She will have to deal with this the rest of her life," he said. 

He also noted that Volpe's record of good works -- Volpe was an environmental activist -- in the community also couldn't excuse his conduct.

The hearing opened with the victim reading a statement called an allocation, which gives victims an opportunity to tell the court of the true impact of the criminal's crime. 

She said Volpe first sexually abused her when she was five years old. Based on his recommendation, she was removed from public school when she was 12. From age 13 to 17, when she finally told somebody about the abuse, she said she was terrified of him.

"I was brainwashed into thinking it was normal," she said. "That the fear and pain was normal. You convinced me that society was wrong and that you were the best for me. My entire life, I thought my role was to serve you any way you saw fit."

She hoped she would escape it when she turned 18, but Volpe told her that would never happen.

She hoped to escape him when she went to college, but again, he said that wouldn't happen.

"I prayed that I would get away from you when I was married," she said. "You told me that when my husband left for work, you would come over and use me any way you wanted. I said I wanted kids, and you tried to convince me I had to touch them. I told you I wanted to be a nurse and you told me I had to pleasure the old men I cared for. My whole life was decided for me when you met me."

She said when she went on vacations, she had to call him multiple times a day. She had to text him when she went to a friend's house. She had to call him from work, from her apartment when she got home. She said he isolated her from friends and family.

"I had no escape or excuse to get away from you. You used me in every possible way you could," she said. "I have been sexually, physically, emotionally, mentally and spiritually abused by you. You brainwashed my family and I into thinking the world was going to end. That we had to prepare for the end times. You used native culture as a way to manipulate others. You disgraced a culture for your own personal gain."

Now that she has come forward and Volpe is in custody, she is recovering, she said.

"I no longer have to wear a mask," she said. "I can choose what to do and who to see. I have friends and receive true real love. I learned that I was not damaged but that you were. I am now learning how to live, how to love, and how to laugh again. You took everything from me and I am taking it back. I didn't deserve what I received, but it brings me peace knowing that you will get what you deserve and more, that you will never hurt another child again, that you will never hurt another adult again, that you are going to a place that you are terrified of."

Defense attorney Jamie Walsh revealed that Volpe was also abused as a child and that he has been serving his own life sentence as a result of that sexual abuse. Still, O'Geen rejected that abuse as an excuse for Volpe's conduct. 

He called such a concept "selfish," and asserting such a claim was a "slap in the face" to the victim.

"Because you were abused as a child is no excuse because your response should be the opposite of being an abuser," O'Geen said. "You know what it is to be abused."

Isabell Herdlein, a 1st grader at Jackson Primary School, rode to school today in City Fire's ladder truck as her prize for winning the department's annual coloring contest at her school.  Joining her in the photo with the firefighters is her teacher, Lexi Wahr.

It's Election Day 2024 across the nation, and all polls are open in Genesee County. 

As one voter noted this morning, with the good weather, there's no excuse not to vote (if you haven't already).

Polls close at 9 p.m.

Jon H. Bush, 41, of Batavia, is charged with menacing a peace officer, criminal possession of a weapon 3rd, and obstructing governmental administration 2nd. Bush is accused of threatening two probation officers with a knife at an unspecified location and preventing them from arresting another person during a home visit on June 28. He was arrested on Oct. 18. He was arraigned in City Court and jailed. Cindy L. Bush, his mother, was also charged with obstructing governmental administration and issued an appearance ticket.

Shawn P. Wolcott, 42, of Batavia, is charged with burglary 3rd, criminal possession of stolen property 5th, and petit larceny.  Wolcott broke into a building on Harvester Avenue and stole property on Oct. 12.  He was arraigned and released.

Carolyn L. Kurek, 82, of Batavia, is charged with unlawful imprisonment 2nd and harassment 2nd. Kurek is accused of blocking another person from leaving a room at an apartment building on West Main Street, Batavia, on Oct. 16. She allegedly struck a person with her cane. She was issued an appearance ticket.

Kamau S. Freeman, 30, of Buffalo, was arrested on Oct. 15 on a warrant. Freeman was previously arrested on July 23 and charged with robbery 3rd, grand larceny 4th, criminal contempt 1st, and criminal mischief 3rd. The warrant was issued after he allegedly failed to appear in court. He was arraigned and released.

Morgan A. Schoonmaker, 28, of Perry, and Jaqulyn A. Dueppengiesser, 40, of Perry, are charged with criminal possession of a controlled substance 7th. Schoonmaker and Dueppengiesser are accused of possessing narcotics during a traffic stop on Pearl Street on Oct. 15. They were issued appearance tickets.

Emily D. Shea, 29, of Batavia, is charged with DWI. Shea was stopped on Oct. 10 on East Main Street by a Batavia patrol officer for allegedly driving putout headlights. She was issued tickets and released.

Ryan A. Decillis, 32, of Batavia, is charged with DWI. Decillis was allegedly caught speeding after Batavia PD received a traffic complaint on Oct. 5 (location not disclosed). He was issued tickets and released.

Kristen L. Kocent, 36, of Batavia, is charged with criminal possession of a controlled substance 7th. Kocent allegedly passed narcotics during an investigation on Oct. 13 at an undisclosed location. She was issued an appearance ticket.

Douglas G. Goodwin, Jr., 33, of Alabama, is charged with petit larceny. Goodwin is accused of stealing a gold chain from another person on Sept. 19. He was arrested on Oct. 21. He was arraigned and released.

Alicia M. Lyons, 45, Batavia, is charged with resisting arrest. Lyons is accused of resisting police on Oct. 17 when they attempted to take her into custody on multiple warrants. She was arraigned in City Court and was released.

Tek B. Giri, 46, of Scottsville, is charged with DWI. Giri was stopped on Clinton Street on Oct. 17 after Batavia PD received complaints of an erratic driver. Giri was issued tickets and released.

Mark J. Schultz, 38, of Batavia, is charged with DWI. Schultz was stopped on Oct. 20 on West Main Street by a Batavia patrol officer who reportedly observed him driving without tail lights. He was issued traffic tickets and released.

Francis A. Coombs, III, 57, of Batavia, was arrested on Oct. 16 on a warrant. Coombs was initially arrested on Aug. 25 and charged with criminal mischief 4th. He was issued an appearance ticket but allegedly failed to appear in court. Coombs was arraigned in City Court and released. 

Carolyn L. Kurek, 82, of Batavia, is charged with unlawful imprisonment 2nd and harassment 2nd. Kurek is accused of blocking another person from leaving a room at an apartment building on West Main Street, Batavia, on Oct. 16. She allegedly struck a person with her cane. She was issued an appearance ticket.

Arnold B. Colopy, 67, of Batavia, is charged with criminal trespass. Colopy is accused of unlawfully entering an apartment on School Street on Oct. 19. He was issued an appearance ticket.

Kelly Marie Zwolinski, 45, of Broadway Road, Darien, is charged with criminal mischief 3rd. Zwolinski is accused of damaging the property of another person at 5:30 p.m. on Oct. 29 at a location on Broadway Road, Darien. The value of the property is reportedly in excess of $250. He was held pending arraignment.

Harold Phillip Duell, 62, of Perry, is charged with felony DWI, open alcohol container, license restricted, driving on shoulder, and aggravated unlicensed operation. Duell was stopped at 1:24 a.m. on Oct. 28 on Richmond Avenue by Deputy Matthew Wesolowski. He was released on tickets.

Paul William Zeches, 36, of Liberty Street, Batavia, is charged with sex offender failure to report a change of address. Zeches was arrested on Oct. 30. He was jailed on the charge.

Nathaniel Ashton Finta, 20, of North Main Street, Oakfield, is charged with assault 2nd and criminal mischief 4th. Finta is accused of burning another person's clothing and of striking that person in the face with an open hand causing an injury. Finta was held pending arraignment.