Le Roy

Melissa Cianfrini says, naturally she's disappointed the case was dismissed against Chris Charvella. As assistant DA, she was given the task of prosecuting him on an aggravated harassment, 2nd, charge because Charvella placed a phone call to Legislator Jay Grasso,

"I obviously respect the court and the court's decision, but I respectfully disagree with the reason behind it," Cianfrini said.

Town of Batavia Justice Mike Cleveland wrote in his decision, "Mr. Charvella's call was made to Mr. Grasso on a number not only listed in the public phone book but also listed on the Genesee County Legislature's list of public official contact numbers. It was not an anonymous or random call. It was not 'absent of expression of ideas or thoughts.'

"The factual allegations in this case," Cleveland concluded, "do not constitute a violation of the charge of PL 240.30-2.

The written decision dismissing the case is only two pages long and doesn't directly touch on any of the free speech or First Amendment issues raised by Charvella's defense attorney, E. Robert Fussell.

But Fussell said that just because Cleveland didn't mention the First Amendment doesn't mean that case law based on the First Amendment isn't the foundation of his decision.

Fussell said he believes the case law that led to Cleveland's decision is based on First Amendment protections.

He said prior cases interpret the clause in the law that says for "no legitimate purpose" to mean that a call must be entirely for the purpose of annoying or threatening to constitute harassment.

"Underlying the decision is that you can't charge somebody for just making a phone call," said Fussell. "What the courts are really saying is that the charge must pass First Amendment muster."

Cianfrini said, however, that she still doesn't believe this was a free speech case. It was about a private phone call placed to a private residence.

"This was about somebody saying something in private," Cianfrini said. "It was not something that was said in public, so it's not a free speech issue."

She was not the original ADA on the case, inheriting it after a change of venue from Le Roy to Town of Batavia, so the actual charge against Charvella wasn't a decision she made. During oral arguments, Cianfrini briefly raised the specter of filing a different charge, if necessary, against Charvella. Today, Cianfrini said there are no plans in the DA's officer currently to pursue the case further.

William E. Gratehouse III, is indicted on charges of criminal mischief, 2nd, reckless endangerment, 2nd, menacing, 2nd, unlawful imprisonment and endangering the welfare of a child. Gratehouse is accused of intentionally striking a 1998 Dodge Intrepid owned by another person on March 17. Gratehouse allegedly forced the car off the road after striking it. He also allegedly brandished a semiautomatic pistol during the incident and prevented the alleged victim from leaving the area. There allegedly were children in the car at the time.

John R. Sherman is indicted on charges of felony DWI, aggravated driving with a BAC of .18 or greater and driving with a BAC of .08. Sherman is accused of driving drunk Jan. 7 on Route 5 in Stafford.

Kevin C. Heschke is indicated on charges of felony DWI and driving with a BAC of .08 or greater. Heschke is accused of driving drunk April 7 on Church Street, Le Roy.

Ricky L. Miller is indicted on a charge of burglary, 2nd. Miller is accused of entering a residence on Jackson Street, Batavia, on June 7, with the intent to commit a crime.

Dana D. Hagen is indicted on charges of felony DWI and aggravated driving with a BAC of .18 or greater. Hagan is accused of driving drunk Jan. 12 on Fotch Road, Stafford.

No Bill: The grand jury found insufficient evidence to charge Thomas B. Streamer with assault, 2nd, and assault, 3rd, stemming from an alleged incident in the Town of Le Roy on Jan. 23.

Dennis Dale Holcomb, 44, of West Bergen Road, Le Roy, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Holcomb is accused of striking another person on the back of the head with a crowbar. Following arraignment in Le Roy Town Court, Holcomb was committed to the Genesee County Jail without bail.

Christopher C. Say, 20, of 41 Maple St., Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Say is accused of choking a woman during a domestic dispute in front of her children at 9 p.m., Tuesday.

Donald Joseph Pursel, 42, of Upton Place, Rochester, was arrested on a warrant out of Genesee County Court. Pursel is accused of failing to pay a fine. He was arrested by Rochester PD and turned over to the Sheriff's Office. (NOTE: Pursel appeared in court yesterday and after the ADA and his attorney reached an agreement regarding his release, Judge Robert Noonan signed an order authorizing his release.  What was notable is that Pursel's case goes back to a time when Noonan was the District Attorney, so he had to recuse himself from any further proceedings in Pursel's case. Another judge will need to hear the matter.)

Michael William Hall, 24, of Havenwood Drive, Brockport, is charged with DWI, aggravated driving with a BAC .18 or greater and parked on the roadway. Hall was allegedly found sleeping in his car at 12:59 a.m., Tuesday, by Deputy John Weis while it was parked in the westbound lane of Sackett Road, Town of Bergen.

Cassondra Niccole Majors, 18, of Myrtle Street, Le Roy, is charged with possession of alcohol under age 21. Majors was arrested at 11:47 p.m., Monday, in Burnnell Park on Summit Street, Le Roy.

William Gary Strait, 27, of 2803 Retsof Road, Retsof, is charged with DWI and aggravated driving with a BAC of .18 or greater. Strait was stopped at 2:43 a.m., Sunday, by Officer Fox, Le Roy PD, on Main Street in the Village of Le Roy.

A Le Roy man, who was himself badly burned in a fire June 13 at 3 Orchard Drive in the Village of Le Roy, was arrested on a charge of arson, 2nd, today.

Paul F. Atkinson, 42, was released from Strong Memorial Hospital and immediately arraigned in Town of Le Roy Court. He was sent to the Genesee County Jail on $50,000 bail.

Atkinson suffered 1st, 2nd and 3rd degree burns on several parts of his body and has been hospitalized since the fire.

The residence is owned by his father and Atkinson reportedly told police he started the fire following a dispute with his dad.

Several hours before the fire, Atkinson appears to have left a status update on his Facebook page that reads, "everyone can go to hell, tired of this life."

His Facebook profile has apparently since been deleted.

Le Roy Police accuse Atkinson of intentionally setting the fire "while knowing or should have known that two persons were sleeping inside the residence."

Atkinson's sister had to be helped down from a second-floor deck by a Le Roy Police officer and her husband reportedly jumped from a second-floor window, injuring his ankle.

Late this afternoon, Chris Charvella received word from his attorney that Town of Batavia Justice Mike Cleveland has dismissed the aggravated harassment, 2nd, charge he was arrested on in November.

E. Robert Fussell, Charvella's attorney, could not be reached for further information on the dismissal and the town court is closed at this hour, so we can't retrieve a copy of the decision.

Fussell told his client the charges were dropped because of insufficient evidence to support the charge.

"It shows that politicians at any level can't have a person arrested for saying something they don't like, especially, 'thank you,'" Charvella said. 

He added, "I knew since I was arrested on November 11th that I had not committed a crime. I placed my trust in the justice system and I'm glad the system worked."

State Troopers arrested Charvella after Legislator Jay Grasso filed a complaint against Charvella claiming harassment.

Charvella was charged under a provision of the statute that prohibits telephone calls for "no legitimate purpose."

The call Charvella made was to Grasso's home phone, and he left a message that said, "thanks for reading my blog."

The message was in response to somebody leaving a political sign on Charvella's front lawn that made reference to an item Charvella posted on her personal blog. The sign contained the words, "Sharome Glasshole," a reference to one of Charvella's blog posts.

Following the phone call, Charvella posted another item on his blog that showed a picture of an Ewok and read, "prepare your anus."

Assistent District Attorney Melissa Cianfrini argued against Fussell's motion for dismissal on June 10.

Part of Fussell's position was that based on previous case law, the conduct of Charvella didn't rise to the level of aggravated harassment, 2nd, as intended by the statute since there wasn't an ongoing pattern of harassment. He characterized Charvella's speech as protected by the First Amendment.

Today, Charvella called the dismissal a victory for free speech.

Charvella has said previously that he spent $7,000 on his own defense in the case.

Neither Cianfrini nor Grasso were immediately available for comment.

When Deputy John Duyssen isn't on patrol, investigating accidents or otherwise helping to keep fellow Geneseeans safe, he's doing what he loves -- growing things.

And one he hopes sometime soon will become a full-time business.

For the past seven years, along with his wife Jessica, and children Jonah, 14, Colton, 13, and Julian, 9, he runs a fruit farm on Bater Road in Le Roy.

The Duyssen's specialize in strawberries, but have added blackberries and raspberries in recent years.

The farm also now includes 22 beehives and John said the plan is to start selling honey.

Strawberry season is just about over -- if you want to pick your own, there's only a day or two left and what's left is best suited for preserves -- but John, Jessica and the boys have plenty to keep them busy.

The growing life for a strawberry plant is three years. The plants that are two years old this season will get mowed to the ground so they can regenerate, the three-year-old plants will get plowed under and something else will be planted in their place for crop-rotation purposes, and there is the blackberry and raspberry plants and bees to take care of.

The family is also adding hoop houses to protect young strawberry and other fruit plants from the elements.

"It's a growing business," said John, with no sense of "pun intended."  

He said two or three weeks ago during the height of the strawberry season, people were flocking to the farm to pick their own strawberries. John took four weeks off from the Sheriff's Office to help with the chores and the customers.

This year, Jonah said the person from the furthest away he met was Florida, but the all-time record was set last year, he said, when a group of nuns from Africa stopped by the farm.

Their first question, "Where are the strawberry trees?"

Jonah had to politely point them to the small green plants close to the ground.

Typically, John, said, he grows three to four thousand strawberries, and could grow more if he had the time.

"I can't grow fruit full time and be a full-time deputy," he said.

He's eligible for retirement in a year in a half, but he isn't sure the farm will generate enough revenue to provide both family income and family health insurance.

But if you see John out on patrol some evening and ask him about strawberries or bees, it's clear, this is what he loves to do.

Farming is in his blood.

His father and brother own a farm just down the road where they grow dry beans, corn, soybeans, hay, wheat and oats. The current Duyssen fruit farm was owned by John's grandparents.

"We have pictures of what the old farm looked like and it's fun to think we're doing what they used to do," John said.

Pictured in the top photo are Chris DeFelice, 16, who has been helping the Duyssens for seven years, Jonah, Colton, Julian, John and Jessica.

Brandon Alan Eisenberg, 27, of Village Gate, Williamsville, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of marijuana, three counts of criminal possession of a controlled substance, 7th, and inhalation of toxic gas (Nitrous Oxide). On June 8, Eisenberg was initially charged with criminal possession of marijuana, 4th, and now these new charges have been added. Eisenberg was arrested in Darien.

Alysasa Marie Lori, 19, of Roe Drive, Cheektowaga, is charged with aggravated harassment, 2nd. Lori is accused of continuing to make harassing phone calls and sending text messages to a person after being warned by that person, a Corfu resident, and police to cease the communications.

A 16-year-old from East Main Street, Le Roy, is charged with false personation. The youth is accused of providing a false identity to police during an investigation of an alleged underage drinking party at 1:04 a.m., June 5, at 98 North St., Le Roy.

Here’s a brief update on the village pool in Le Roy.

This item is on the agenda for tomorrow night’s regular village board meeting at 7 p.m. at the village hall! A community proposal will be outlined that includes generous donations of time, labor and money to get the pool up to code and open. Currently, these generous community members are willing to get it open, but have put the responsibility back on the village and town to continue to run it together as they were before.

I would like to encourage you to please attend tomorrow night’s meeting to hear this proposal and decide for yourself if you are in support of this. It is no secret that I am in support of opening it and running it, but the village board needs to hear from you -- the taxpayers and consumers of the village and town (the village maintains it, but the town participates).

Until the pool is filled in, it is not too late to save it, if that is what the people of Le Roy want. Please attend the meeting tomorrow night.

Thank you.

Jennifer Keys

Anthony Devon Alexander, 37, Wast Main Street Road, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Alexander is accused of slapping a 13-year-old boy on the face leaving welts and bruising. The alleged incident occurred at noon, Sunday (Father's Day).

Stephanie Rae LaVoice, 26, of Brown Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving left of the pavement markings in a no-passing zone and driving left at railroad crossing. LaVoice was stopped at 1:17 a.m., Saturday, on Brown Road, Batavia, by Deputy Jason Saile.

Ryan M. Palmer, 29, of 10 Birchwood Drive, Batavia, is charged with harassment, 2nd. Palmer is accused of shoving a female acquaintance.

Paul B. Heale, 58, of 29 Linwood Ave., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and resisting arrest. Heale was arrested following an alleged domestic incident at 6 p.m., Saturday.

Shawn William Shanahan, 40, of Bonnie Brae Drive, Darien, is charged with DWI, aggravated driving with a BAC of .18 or greater, failure to keep right, possession/consumption of alcohol in a motor vehicle. Shanahan was stopped at 2:16 a.m., Sunday, on Route 20, Darien, by Deputy Patrick Reeves.

Rene Corez-Marrero, 28, of East Utica Street, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and dark window tint. Corez-Marrero was stopped at 7:54 p.m., Saturday, on Route 77, Pembroke, by Deputy Patrick Reeves. Corez-Marrero is also charged with coercion, 2nd, and harassment, 2nd. Corez-Marrero was reportedly involved at an incident at 7:30 p.m., Saturday, at Darien Lake Theme Park where Corez-Marrero allegedly did not allow a woman to contact police and took her personal property.

Dean Wilkins, 47, of Telephone Road, Pavilion, is charged with criminal possession of a forged instrument, 2nd. Wilkins is accused of depositing a forged check into an account at the Le Roy Federal Credit Union. Wilkins was jailed without bail.

Heidi L. Thomas, 27, and Denise R. Queen, no age given, both of 20 1/2 Dellinger Ave., Batavia, are charged with attempted petit larceny. Thomas and Queen allegedly tried to steal merchandise from Dollar General on June 17.

Hannah E. Dibble, 18, and a 16-year-old, both of Akron Road, Corfu, and a 17-year-old of Longs Lane, Corfu, are all charged with petit larceny. The trio is accused of shoplifting at 10:08 p.m., June 14, from Walmart.

A little less than a year ago, there was only one independent bakery in Genesee County. As of yesterday, there are six.

The latest to open is Sweet Ecstasy, next to the Stafford Trading Post, in Stafford. Above are Tonisha Price, Carla Price, Ginny Robins and Debra Ingham. In the store, Sweet Ecstasy offers cookies and pastries and takes special orders for cakes and other baked dessert items.

Sweet Ecstasy took over the former location of Heavenly Sweets • Deli, which has moved to the corner of routes 63 and 19 in Pavilion. Heavenly Sweets offers pastries, bread and cakes, as well as a fully stocked deli counter. Pictured are owner Bonnie Totten, lower center, Peggy Ellis, left, Caitlyn Meeder and Sherif Woodworth.

The first of Genesee County's current six bakeries is Greg'ry's in Bergen. Greg'ry's was opened 17 years ago by Diane Cunningham. It was started nearly 20 years ago by Gregory Stefl, who sold it to Diane Cunningham. She sold it two years ago and then reacquired the bakery just two weeks ago.

Her new partner, Maura Schaffer (unfortunately, not in today when I dropped by unannounced) has created a line of all-natural pet treats. The bakery still carries a full line of breads, pies, cakes and pastries.

The trend of new bakeries started with Mary Margret Ripley opening up Scratch Bakery in Le Roy (on Main Street, sharing space with Java's). Scratch does most of its business special order, though there's usually cookies and scones (one Ripley's specialities) available in the store. Ripley also has a number of wholesale customers and sells items at local festivals. Customers can order a full line of cakes, cup cakes, pastries, cookies and bread. Ripley also offers home delivery.

Michelle's Bakery and Cafe opened in February on West Saile Drive, Batavia. Michelle said the bakery specializes in old-fashioned pastries, "like grandma used to make." It's a full-service bakery and owner Michelle Farina, left, said the shop can make a decorated sheet cake for any special occasion. The cafe is open for breakfast and lunch and offers sandwiches, wraps, salads and soups. Farina also offers catering. Pictured with Michelle are Samantha McDonald, Cassandra Hirsch and Liz Fenton.

The second newest bakery is Buttercrumbs Bakery in Corfu. Owner Darlene Miller, right, said she researched more than 100 bakeries, including some as far away as Florida, before coming up with a business plan. The shop, right in the Village of Corfu, has a seating area and offers pastries, pies and bread as well as cakes on special order. Miller said the closing of the village grocery store created a real opportunity for her and local residents have responded enthusiastically to the new business. "Corfu has never had anything like this before," said Miller, a longtime resident. Pictured with Miller is Julie Patterson.

It's perhaps just coincidence that I finally got around to putting this post together (I started planning on it back when there were only four bakeries) on the same day my dad is arriving from California for a weekend visit. I grew up in the bakery business and have always loved what a good, independent bakery can produce.

The baked goods at the chains can never match what a good independent bakery makes. Genesee County is now blessed with six quality local bakeries. As consumers, we need to be sure to support them. Entrepreneurs like these owners are what make a community strong and prosperous.

As they do every year -- nobody remembers for how many years -- the volunteers of the Le Roy and Pavilion fire departments towed their antique firefighting hose wagons to Stafford for the Stafford Fire Department's annual parade.

The parade is at 7 p.m.

The carnival runs all weekend with the annual Corvette drawing on Sunday (Father's Day).

Unfortunately, I'll be unable to attend either the parade or the carnival this year (my parents are visiting from California). If anybody else wants to post some pictures, feel free.

Justin Zane Barker, 22, of North Lyon, Batavia, is charged with burglary, 3rd. Barker is accused of burglarizing the Beaver Brothers Restaurant at Darien Lake Theme Park sometime during the morning hours of Sept. 6, 2009. (Barker was also recently part of a trio that allegedly refused to leave a local hotel, leading to a multi-agency manhunt for Derick Barker.)

Lena M. Evans, 23, of 4037 W. Main St. Road, Batavia, is charged with three counts of petit larceny. Evans is accused of shoplifting from Target on April 11, from Kmart on April 19, and from Bed, Bath & Beyond on an unspecified date. The petit larcenies were investigated by deputies Parker, Richardson and VanValkenburg.

Le Roy has a new ice cream parlor, Cruisers Creamery, between Scooters and Burger King, on West Main Street.

The ice cream parlor is owned by Rick Dorf and Charles Maniscalco, both left, and managed by Ashley Dorf with help from Jimmy Diehl, Kaitlin Slowe and Kristine O'Gee.

The creamery features homemade ice cream and fresh waffle cones made daily.

There is a drive-thru, or you can eat your ice cream inside or on the patio.

The store also serves gelato, soft serve and Italian ice and is open from 11 a.m. to 10 p.m.

Dorf and Maniscalco (Maniscalco also owns Scooter's) have designed the shop around an old-time ice cream parlor theme with classic cars being part of the motif. Dorf said they hope to occasionally have car shows in the back parking lot.

In Le Roy this afternoon, I took a turn down Gulf Road looking for the a steam shovel a reader told me about recently (see below) and I found this view of an old quarry.  

Driving around Le Roy this afternoon, I came across this interesting bit of local history on Summit Road -- a boulder with a historical plaque set in it in 1930.

The plaque reads: "This boulder marks the southern apex of the Triangle Tract, purchased from the Morris Reserve in 1783 by Herman Le Roy and William Bayard."

Le Roy has a new bridal boutique, Stella's, opened within the past month by Stella Collins, left, and Emily Allen. 

Collins said after gaining experience in the bridal business in Rochester, she saw an opportunity in Genesee County and picked a location on Main Street in Le Roy.

The boutique, Allen said, provides full service for bride and bridesmaids.

"We're with you from the day you first walk in to the day you say, 'I do,'" Allen said.

Collins added that the store features dresses by designers that are unique, including designers not available in Rochester.

For a couple of months I've wanted to drop in on Cafe Le Roy and see the new shop set up by Don and Reyhan Antinore.

When I dropped in today, Don showed me the cafe in the back, which the Beatest of the Beats of 60 years ago would find hep, man.

Then Don introduced me to his new ice cream counter. Don said he serves only three flavors -- vanilla, chocolate and strawberry -- just like, he said, ice cream shops when he was a kid. And from those three flavors he can make floats, banana splits and sundaes.

Don said it's the first ice cream shop on Main Street in Le Roy in years and years.