news

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

The convicted sexual predator facing new sex crime charges now also stands accused of lashing out while at the Genesee County Jail and injuring another person and causing damage to county property.

Marlek E. Holmes was arraigned in County Court this morning on three sealed indictments.

The first indictment contained counts of assault in the second degree, a Class D violent felony, and criminal mischief in the third degree.

Holmes allegedly attacked another person while at the jail on Oct. 30 and also damaged a holding cell that day.

The other two indictments contain a total of 29 counts of criminal contempt for allegedly violating a restraining order by contacting another person.

Holmes, who is being held without bail, was escorted into the courtroom by a Sheriff's deputy.

Already a Level 3 sex offender, Holmes was arrested in late October on charges of two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

The Buffalo attorney who has been by the side of Jacquetta Simmons throughout most of the Batavia woman's court appearances since 2012 has apparently had enough.

After Simmons failed to appear in City Court yesterday to be sentenced on a harassment conviction, Ann Nichols asked to be taken off the case.

The judge told her to submit her request in writing.

Simmons made international news on Christmas Eve 2011 when she delivered a "roundhouse punch" to the face of an older cashier at Walmart.

The case eventually went to trial, Simmons was convicted and given a lengthy prison term by Judge Robert C. Noonan. That sentence was overturned by a higher court and Simmons was sent to jail for a year.

The harassment charge stems from an altercation with a woman at an event at a local nonprofit's meeting room.

A warrant had to be issued for Simmons arrest after that case. She was eventually located and arrested.

With her failure to appear yesterday, Simmons is again on the wanted list.

Via our news partner WBTA.

Press release:

“After meeting with one of the governor’s top officials today in Albany, I was reassured that, through a collaborative effort between the governor’s office, the Majorities in both houses, the bill’s sponsors and the New York State Gaming Association, we would find a solution to the state’s outdated gaming laws and allow the Stafford Fire Department and tens of thousands of volunteers in our charities, service clubs, nonprofits, churches and schools to continue conducting their annual charity raffles.

“The governor’s office reiterated that they intend to help our local charities and fire departments and admit that the decision to veto the legislation was not an easy one. I am hopeful that we will resolve the situation sooner rather than later, and I will do everything in my power to make it so.”

Oakfield-Alabama's Lego Robotics recently won a competition with their idea to assist a police dog with its work.

Their idea was a camera and speaker combination that would allow a K-9 officer to send the dog to a remote location and then be able to see what the dog saw and give the dog verbal commands. The communications device would also be used to talk with any victims or suspects found by the K-9.

The students called it the "Communi-K9" device.

The team now advances to the championship competition Dec. 11 at the University of Rochester.

Deputy Chris Erion provided the class with information about his job and his K-9, Destro.

Information and photo from team teacher Kim Maier via Chris Erion.

Press release:

The Health and Physical Education department at Genesee Community College once again congratulates Wolcott Street School in Le Roy for winning the 2016 Play to Get Fit Challenge. Le Roy has captured the title three years in a row. This is the fifth year GCC has conducted the program.

The Genesee Play to Get Fit Program was created for third-, fourth- and fifth-graders in the GLOW (Genesee, Livingston, Orleans and Wyoming counties) region to effectively illustrate how many minutes young people spend engaged in physical activity outside of school. Children keep track through a specially designed "Play to Get Fit" calendar log. Walking, biking, running, skating, swimming, playing a sport, playing tag, playing on a swing set and other active, creative games are all eligible for active "credit." However, video fitness games using Wii or Xbox Kinect are not eligible.

Wolcott Street School in Le Roy came out on top with a total of 177,679 minutes of physical activity outside of school. Becky Dziekan, GCC's director of Health and Physical Education, presented Michael Humphrey, Physical Education teacher, with a plaque recognizing the school's achievement. Each student participant also received a certificate.

Dziekan recognized Tommy Condidorio (Le Roy), Jake Pangrazio (York) and Daniel DeBadts (Warsaw), who were the top three students in the GLOW region and recorded the highest amounts of physical activity. In addition, the top three students at each participating school districts were also recognized for their efforts. The other winning students at the participating schools include:

• Le Roy – 1st Tommy Condidorio; 2nd Xavien Walker; 3rd Adam Woodworth

• Arcade – 1st Taylor Rosier; 2nd Kennedy Whiting; 3rd Jared Day

• Batavia – 1st Damien Marucci, 2nd Dane Dombrowski; 3rd Maggio & Bronx Buchholz

• Warsaw – 1st Daniel DeBadts; 2nd Sophie Montesano; 3rd JJ Holmes

• York – 1st Jake Pangrazio; 2nd Kyan Tiede; 3rd Christian Ralston

• Pavilion – 1st Christopher Doody; 2nd Karley Waller; 3rd Case Cummins

• Perry – 1st Jayden Pritchard; 2nd Natalie Jaques; 3rd Nina Privitera

• Byron-Bergen – 1st Brody Baubie; 2nd Anna McLaughlin; 3rd Victoria Rogoyski

• Elba – 1st Ayden Esten; 2nd Noah Calarco-Smith; 3rd Tristan Snell

"Play to Get Fit continues to encourage kids to have fun and be active," Dziekan said. "The number of kids that participated and the number of active minutes that were recorded show that we once again accomplished our mission. Congratulations to Le Roy and all of the participants."

The Health and Physical Education program at Genesee Community College offers several areas of study. Transfer degree programs or associate of science (A.S.) degrees include: Physical Education Studies and Sport Management Studies. Career degree programs applied associate of science degrees (A.A.S.) include Fitness and Recreation Management, including the Golf Management Concentration through which passionate golfers can turn the sport into a career.

Press release:

With courses spanning the fields of accounting to veterinary technology, criminal justice to communications, sports management to supply chain management, healthcare to human services -- and many more, the spring 2017 semester at Genesee Community College offers something for everyone! Register now to ensure your seat! Classes begin Tuesday, Jan. 17.

One of GCC's newest courses is Introduction to Solar Manufacturing (CHE193) taught by Brian Fraser, Ph.D., assistant professor of chemistry. The new course provides overview of the solar manufacturing industry including the latest technology, production and the growing market for the newest high-tech industry that promises to bring hundreds of new jobs to Western New York. Students will understand where and how the new local companies, Solar City and 1366 Technologies, fit within the solar industry and landscape. Through this course, students can explore if this may be a new career opportunity for them, and if so, the best pathway to pursue it.

"Anyone interested in solar energy and science will find this course very helpful. There will be enough information to help students appreciate careers in nanotechnology and other sciences, and understand the emerging developments in the solar industry. It is also a great general education elective with a focus on the future," Fraser said. "The hybrid format of the course also provides some flexibility with in-class and online requirements."

There is no prerequisite for CHE193, which meets Wednesdays from 1:25 – 2:45 p.m. at the Batavia campus starting Jan. 17 and running through May 13. Additionally, Professor Fraser will use a variety of freely accessible resources that include up-to-date information, rather than requiring purchase of a textbook.

GCC offers more than 70 degree and certificate programs, including more than 15 degrees that can be completed 100-percent online. Most degree and certificate programs feature online or hybrid courses and at least 50 percent of each program can be completed online without attending class at a campus center location. In addition, every course in GCC's Computer Information and Networking Technology program offers at least one section that uses the 360-degree learning model enabling students to learn anytime, anywhere and on any device. The instructors in these courses deliver two-way, interactive instruction in the classroom and/or online through personal computers, laptops, tablets and other smart communication devices. All course material is recorded and stored in the cloud, allowing students to review and revisit a class lecture for clarification.

"Without a doubt, GCC remains at the cutting edge of new teaching and learning opportunities," said Rafael Alicea-Maldonado, Ph.D.,  (Dr. RAM), dean of Math, Science and Career Education. "We hope anyone who is even remotely considering college education will contact us soon. There are so many great and affordable options."

No matter what industry or field, regardless of age and educational background, and irrespective of geography due to GCC's many online courses and seven campus locations -- this spring semester is the time to enroll in a course at GCC. The spring semester starts Tuesday, Jan. 17. To review the class schedule which features hundreds of courses, go to: http://www.genesee.edu/courses/schedule/

To view more photos, click on the Pin Points tab at the top of this page.

For 24 years, Paul Peck covered the Buffalo Bills and Buffalo Sabres as part of his duties as a full-time sportscaster for Channel 4, in Buffalo.

For less than a year, the New Jersey native has been the play-by-play man for the "Beat The Champ" show, which has been resurrected on WBBZ-TV (MeTV) out of Buffalo (channel 67.1 over the air and cable 72 in Genesee County).

Peck said he has been overwhelmed by the response from the bowling community and the popularity of the show -- which features the best bowlers in the area in scratch singles (no handicap) competition.

"It has been an incredible experience," said Peck during a break in taping on Wednesday at Mancuso Bowling Center in Batavia, where four shows to be aired in December were produced. "I've had more people come up to me and more feedback than I did in 25 years of covering the Bills."

Peck and company's appearance in Batavia continued the wave of success the show has been riding since about a dozen or so bowling centers in Western New York put up $6,000 each to be able to host qualifying rounds and the actual taping of the shows on a monthly basis.

He said he has found bowlers to be passionate about their sport, and has come to realize than many bowlers throughout the region remember the original "Beat The Champ" show hosted by Chuck Healy and then Van Miller on Channel 4 in the 1960s, '70s and '80s.

"The show has a cool place in people's memories," said Peck, who left Channel 4 about four and a half years ago and now is a financial professional for AXA Advisors in Buffalo and sports personality for the University of Buffalo.

Peck said he was apprehensive at first about joining the show -- since he has a limited knowledge of bowling -- but noted that he has received much encouragement from longtime bowlers, including his co-host Sue Nawojski, of Buffalo, one of the finest women bowlers in New York State.

"Things have gone very well thus far, and my friend and mentor, Van Miller, would be proud to know that we have kept this tradition alive," he added.

John DiSciullo, WBBZ-TV promotion and production coordinator, said the show is getting very favorable ratings and, just as importantly, has "created an awareness of bowling that we haven't seen locally in a long time." He indicated that the show has been renewed for another season.

Mancuso Bowling Center proprietor Rick Mancuso said he opted in as a way to bring "something that is good for the bowling community .... and I think that has been accomplished."

He also said he was pleased that two Batavia bowlers qualified for the TV show -- Rich Wagner and Fred Gravanda.

"Both of them are great guys, at two different spectrums of their careers, Rich being a younger guy (33) and Fred (at 66), the old war horse," he said, acknowledging both their accomplishments over the years.

He said he is contemplating staying with the show for another year, but would like to see it expand.

"We would love to see the show move a bit more east and northeast of Batavia so we can attract a larger market," he said, referring to the Rochester area. "That would definitely affect us in a greater way."

"Beat The Champ" officials said they are looking into the possibility of going into other areas of the state.

Photo at top -- The on-air trio of Janelle Sabin, left, scorekeeper; and commentators Sue Nawojski and Paul Peck spent the day at Mancuso Bowling Center in Batavia on Wednesday for the taping of four "Beat The Champ" bowling shows, which will be broadcast on WBBZ-TV (MeTV) during the month of December. Click on the Pin Points tab at the top of this page for more photos by Mike Pettinella, bowling columnist and reporter for The Batavian, the region's No. 1 source for online news.

At least three cars are reportedly involved in an accident in the area of 1130 Lewiston Road, Alabama. 

There maybe injuries. 

There maybe a drunken driver involved. A vehicle may have left the scene.

Traffic lanes may be blocked. 

Alabama fire and Mercy EMS responding.

UPDATE: There may be only two vehicles. One hit a tree and a passenger was left behind.

UPDATE 7:33 p.m.: Passenger is a sign off.

A two-car accident with possible minor injuries is reported at Veterans Memorial Drive and Lewiston Road, Batavia. 

Town of Batavia Fire and Mercy EMS dispatched. 

A car reportedly struck a car parked roadside at 8163 N. Pembroke Road. Unknown injuries. State police are responding.

Tesia Renee Plantiko, 24, of Harris Road, Le Roy, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Plantiko was arrested after police responded to a complaint at 9:50 a.m. Nov. 23 from a business on East Main Street, Batavia, that a woman had been in the restroom for more than two hours.

Joseph M. Marscelli Jr., 31, of Central Avenue, Batavia, was arrested on a warrant. Marsceilli allegedly failed to appear in City Court as ordered.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with harassment, 2nd. Derenzo was allegedly involved in a domestic incident at 12:30 a.m. on Thursday.

Thomas J. Mitchell, 27, of West Main Street, Batavia, is charged with a violation of probation. He was jailed on $10,000 bail.

Dawn M. Newton, 56, of Crane Road, Medina, is arrested on a warrant. Newton turned herself in on the warrant, which is related to an alleged city code violation for deteriorating roof and gutters. Newton posted $350 bail and was released.

Shamir K. Aslam, 29, of Landstone Terrance, Rochester, is charged with criminal contempt, 1st, and criminal mischief, 4th. Aslam was allegedly involved in a domestic incident in violation of a court order and prevented a subject from contacting dispatchers for emergency assistance.

Richard Dean McKague, 26, of Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. McKague allegedly pushed a person into a door and then kicked her. There was reportedly an order of protection in place. McKague was jailed on $500 bail or $2,000 bond.

A new all-terrain vehicle for the East Pembroke Volunteer Fire Department will help improve the search and rescue capabilities of fire departments throughout Genesee County, EPFD Chief Don Newton said yesterday.

"This a new tool, another tool, we have available," Newton said. "I think it's a great addition for the fire services."

The only other similar vehicle available for search and rescue operations is with the Alexander Volunteer Fire Department.

Jan Schafer, owner of Buck's Motorsports in Akron helped arrange for the vehicle for EPFD as part of a manufacture's program that allows the department to get free use of the four-wheeler for a year with an option to buy it at 20-percent below dealer costs at the end of the year.

All members of the EPFD will be trained in the operations of the new vehicle, which can be used not only to rescue hunters or snowmobilers, but to help fight small brush fires.

"We need the volunteer firefighters who support our snowmobilers, our ATVers, our hunters, and at events and parades to be well equipped," said Schafer, who is an East Pembroke resident. "I think it’s extremely important that they have some vehicles like this."

There's been an increasing need in the county, Newton said, for increased search and rescue capabilities.

"In our area, Genesee County, we've been getting over the years more and more calls for lost hunters, hurt hunters in the woods, more snowmobile accidents, four-wheeler accidents and ATV accidents," Newton said.

The new vehicle will make it easier and safer for firefighters and EMS personnel to get to a person in need of rescue and more safely get the patients to ambulances or Mercy Flight helicopters, which often must land far from a rescue scene because they're in wooded areas.

Newton said the vehicle not only serves the practical purposes of search and rescue but will also be a good fundraising and recruitment tool. The department can put it on display and show people what their financial support helps bring to the community and greater search and rescue capabilities will help bring in new volunteers interested in that kind of work.

Beth Kemp, who has been active in the Downtown business community since she and her husband, Brian Kemp, moved their business, T-Shirts Etc., to East Main Street in 2012, has been named the new executive director of the Business Improvement District.

Kemp replaces Laurie Oltramari, who resigned about two months ago, following a recruitment search by the board of directors that brought in potential job candidates from throughout the region.

Kemp thinks the board recognized her passion and commitment to Downtown.

"I feel there is a lot of potential for our Downtown and I would love the opportunity to bring it to the vision that I see," Kemp said. " I feel the board of directors is moving in the right direction. I think I’m able to collaborate nicely with all the organizations and the city. I have great relationships already established to move things forward."

In order to take the job, Kemp resigned from her director position with the Business Education Alliance.

The move seemed like a natural extension of her longtime involvement with the BID, she said.

"I've actually been in love with our downtown since we moved our small business down here," Kemp said. "I jumped on any opportunity I could take to get on all the committees to help with events to help other small business owners, so it just seemed like a perfect fit for me.  It’s everything that I love to do."

Since moving Downtown, T-Shirt's Etc., which started in the Harvester Center, them moved to the former WBTA building at Main and Harvester, before moving to East Main, has continued to grow and is now located on Center Street.

There's been some tension the past year or two between City Hall and the BID, but Kemp things will be smooth sailing going forward.

"For me personally, I’ve never had any tension or problem dealing with the City on any level," Kemp said. "They’ve always been very willing to help me with any event that we’re coordinating. Any committee I’ve been on, we’ve had great relationships. I don’t see that as being an issue at all."

A tractor-trailer is reportedly on fire at the Yellow Goose in Pavilion, the corner of Route 63 and Route 19.

Pavilion fire dispatched.

An 805 series by Jason Quilliam at Mancuso Bowling Center and a 300 game by Jeff Baes at Medina Lanes highlighted league bowling action during the week of Nov. 21.

Click on the Pin Points tab at the top of this page to view the scores.

The next Pin Points column by Mike Pettinella is scheduled for Dec. 8, exclusively on The Batavian, the region's No. 1 source for online news.

The 400 Towers resident who admitted to baking his cat to death will serve the next five years on probation, Interim Judge Michael Pietruszka ruled in Genesee County Court today.

The defense attorney for Darren Annovi, Lisa Kromer, argued that jail was not an appropriate sentence for Annovi because he has had persistent mental illness and has suffered from mental health issues since childhood.

Annovi has limited intelligence and did not intend to harm his cat, she said, even though he knew it would die in the hot oven, he apparently thought it would painlessly go to sleep and pass away.

During the term of Annovi's probation he will not be allowed to own any pets.

Wendy Castleman with Volunteers for Animals was hoping for more. 

“I think the concern I would have is the signal it sends to the public," she said. "This is a person who killed an animal in a cruel way and received probation. So does that make it OK for other people?”

Via our news partner, WBTA.

Press release:

 “I’m not sure if the governor is still half asleep on tryptophan from Thanksgiving, but it is unthinkable that he can morally and logically kill legislation that was passed 136 to 8 in the Assembly and 59 to 3 in the Senate. 

“Disrespectful and heartless doesn’t begin to describe Cuomo’s actions toward our tens of thousands of tireless volunteers in charities, churches and fire departments, who donate their time to improving their community and now have their hands tied when it comes to fundraising. Gov. Cuomo’s veto message claims the bill may be unconstitutional but our counsel here at the Assembly already ensured that the legislation was constitutional when it was drafted.”

“The Town of Stafford Fire Department has conducted their car raffle for roughly 70 years and now they are faced with a 300-percent budget increase without their fundraiser. This surely amounts to a tax hike for town residents who are already struggling under the nation’s highest taxes. Upstate fire departments are primarily volunteer and rely on these annual raffles for revenue and to fuel operation costs. Whereas downstate many firefighters are paid so this legislation isn’t as important to them. The veto further exemplifies the Upstate and Downstate divide and why ‘Two New Yorks’ should be put on the ballot.” 

“Actions like this are one of the reasons people are fleeing New York in droves. For a governor who cowardly avoids the Legislature to enact his policy agenda and perpetuates our state’s highest taxes in the nation, you’d think the least he could do was sign a non-controversial bill that helps charities raise money.”

Jordan Paul Fleming, 28, of East Bethany Le Roy Road, Bethany, is charged with third-degree sexual abuse. Fleming is accused of subjecting another person to sexual contact without that person's consent.

Fawn Lynn Marie Kaczmarek, 28, of Liberty Street, Batavia, is charged with criminal possession of a hypodermic instrument. Kaczmarek was allegedly found in possession of a needle during an investigation by Deputy Matthew Clor.

The Genesee Chorale performs a Christmas concert called "The Rose" this Friday at Our Lady of Mercy, 44 Lake St., in Le Roy.

Showtime is 7 p.m

The performance, conducted by Ric Jones, will be repeated at 7 p.m. Dec. 9 at St. James Episcopal Church, Batavia.

Conductor Shade Zajac leads the Genesee Symphony Orchestra through a rehearsal Monday night at Batavia High School as the GSO prepares for its annual holiday concert at St. Mary's on Dec. 11.

The program includes: 

• Guests: Emily Helenbrook, soprano, and young artist competition winner Amelia Snyder, alto saxophone
• Ukrainian Bell Chorale, arrangement by Nancy Strelau
• Fanfare from La Perri, Dukas
• Concerto for Saxophone and Strings, Glazonov
• Christ at the Movies, arranged by Krogstag
• Emily Helenbrook singing several selections
• Canadian Brass, arrangement by Custer
• Sleigh Ride, Leroy Anderson
• Christmas Festival, Anderson

To purchase tickets, click here.