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Photos: Derby Day 2016

By Howard B. Owens

The Michael Napoleone Foundation hosted its annual Derby Day Fundraiser at Terry Hills yesterday.

To purchase prints, click here.

Batavia family requests help in locating stolen tractor mower

By Howard B. Owens

The Johnsons, residents of Naramore Drive, Batavia, have reported to police the theft of their riding mower that looks like this one, a John Deere D100.

The mower was taken off its trailer and removed from a storage shed.

Those who have information to share should contact Batavia PD.

Multi-vehicle accident with serious injuries reported on eastbound Thruway

By Billie Owens

A multi-vehicle accident with possible serious injuries is reported on the eastbound Thruway at mile marker 396.7. Mercy Flight #5 out of Batavia is going in the air. East Pembroke Fire Department and Mercy medics are responding. Town of Batavia Fire Department is asked to assemble a crew in their hall in case they are called to the scene.

UPDATE 11:03 a.m.: The accident is east of the Slusser Road bridge.

UPDATE 11:15 a.m.: Mercy Flight has landed.

UPDATE 11:24 a.m.: Mercy Flight is airborne, going to Strong Memorial Hospital.

UPDATE 11:55 a.m.: A state trooper at the scene said there was one victim, a male driver in his 20s who sustained non-life-threatening injuries. Indications are he fell asleep at the wheel, the trooper said.

Timing of alleged crime protects robbery suspect from sentencing enhancement as second felony offender

By Howard B. Owens

A 21-year-old Batavia man was ordered held on $50,000 bail today during his arraignment on charges stemming from an alleged robbery in January, just eight days before he was scheduled to be sentenced on an assault conviction.

The timing of the crime and the fact he was not yet identified as the suspect means that if he's convicted on the 12-count Grand Jury indictment, he can't be sentenced as a second felony offender, nor does the robbery constitute a violation of probation since he wasn't on probation yet.

Terrence D. Johnson is facing a possible violation charge, but not because of the alleged robbery.

Johnson was indicted on one count of robbery and 11 counts of grand larceny, 4th.  

Each of the eleven grand larceny counts stems from each of the credit or debit cards carried by the victim.

The robbery occurred in the area of 2 School St., Downtown Batavia.

Beyond the usual not-guilty plea, Johnson's attorney, Public Defender Jerry Ader, said there is some question as to whether Johnson was even in the area of School Street at the time the robbery was reported.

After court, District Attorney Lawrence Friedman, in answer to a question, said there is physical evidence linking Johnson to the crime.

Before the hearing, members of Johnson's family reached out to local media and said they would like to talk about Johnson, saying, "this is not who he really is," but after the hearing, Ader said he advised them not to grant interviews.

In November, Johnson entered a guilty plea to a gang assault charge for being part of a three-person assault on a person on Holland Avenue over the summer and was sentenced in January to six months in jail and five years probation.

The timing of the conviction, the second alleged crime without him being identified as a suspect, followed by his sentencing, means the original sentence stands and he can't be sentenced as a second felony offender. If he were considered a second felony offender, then the minimum range of a possible prison term would be longer. Either way, the maximum possible sentence is 25 years.

A violation of probation charge has not been brought against Johnson yet, but he allegedly left the county and violated curfew while on probation.

Batavia Downs to host annual Kentucky Derby bash in the Paddock Room on Saturday

By Billie Owens

Press release:

Live racing doesn’t return to Batavia Downs until Monday July 25, but the grandstand will be filled with race fans this Saturday (May 7) as the track hosts its annual Kentucky Derby bash in the Paddock Room from 11:30 a.m. until 6:30 p.m.

The $10 “Kentucky Derby Meal Deal” deal includes your choice of five entrees, a $2.00 Kentucky Derby wager and $5.00 in free play on the gaming floor. Programs, live tellers and plenty of big screen TV’s will be available throughout the facility.

In Thurman Thomas’s 34 Rush Sports Bar, drink specials include $6 mint juleps served in the official Kentucky Derby commemorative glass along with $2 drafts. Both will be available from 11:30 a.m. until 7 p.m.

“The Derby party has really developed since 2005 and we are expecting in excess of 400 people to attend this year,” said Todd Haight, general manager/director of Racing at Batavia Downs. “It’s amazing how popular it has become and how much it has grown."

All the Western Regional OTB branches in Western New York will open at 10 a.m. Friday (Kentucky Oaks Day) for advance wagering on the Derby and again at 10 a.m. on Derby day.

Last year, WROTB had its second best handle ever and paid out more than it took in for the first time, dating back to 1974.

Photos: City fire rescue training on Ganson Avenue

By Howard B. Owens

City firefighters were at a house on Ganson Avenue this afternoon for training. The house is scheduled for demolition in a couple of weeks, but before it comes down, City crews will use it for numerous training drills.

Today's scenario was dealing with a first-floor fire at a time (such as the middle of the night) when there might be people upstairs sleeping. While one crew attacks the fire, another enters through a second-story window and searches for anybody who might be trapped, injured or just sleeping and unaware of the fire.

Batavia man accused of first-degree rape of 5-year-old child

By Billie Owens

A Batavia man is in Orleans County Jail charged with first-degree rape of a victim under age 11 -- in this case a 5-year-old child.

Nicholas L. McKague, 24, of West Main Street Road, was arrested April 18. He is also charged by Orleans Sheriff's Investigator K. Strickland with endangering the welfare of a child.

The charges, announced May 4, followed a two-month investigation conducted by the Orleans County Sheriff’s Office related to an incident that allegedly occurred in the Town of Clarendon in 2011.

McKague was arraigned by Town of Clarendon Justice DiFante. McKague was put in the custody of the Sheriff and transported to the Orleans County Jail in lieu of $2,500 cash or $5,000 bond. McKague is scheduled to appear in the Town of Clarendon Court at 6:30 p.m. on May 9.

Additional charges are forthcoming as the Investigation continues. The Orleans County Sheriff’s Office was assisted by Justice for Children Advocacy Center, Orleans County Child Protective Services and the Batavia Police Department.

Law and Order: Le Roy man who lives on Clay Street arrested for DWI

By Billie Owens

Brian E. Bisig, 57, of 25 Clay St., Le Roy, is charged with DWI following a report of a vehicle which had been involved in an accident and had left the scene on Summit Street Road. Bisig was allegedly involved in a motor-vehicle accident at about 6:15 p.m. on Wednesday, May 4, which was observed by a concerned citizen. The citizen was able to provide a description of the vehicle to police and followed the involved vehicle to a residence located on Clay Street in Le Roy. After a brief investigation, Bisig was found to be allegedly intoxicated and was charged. In addition to the DWI charge, Bisig was also charged with DWI with a BAC of .08 percent or more. Bisig was also issued a summons by a member of the State Police regarding the accident occurring in the Town of Le Roy. Bisig will answer the charges at a later date in the Town of Le Roy Court.

Christopher M. Smith, 21, was arrested May 1 for petit larceny after he allegedly stole 15 packs of Pokemon cards valued at $63 and exited a local store, passing all points of sale; Smith attempted to hide the merchandise underneath a vehicle in the parking lot. He was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 9.

Dawn Viehdeffer, 57 was arrested May 2 for petit larceny from Walmart after taking miscellaneous items totaling more than $45. Viehdeffer was allegedly observed placing items in her purse as she shopped but failed to remove the concealed items upon checkout; Viehdeffer did not scan the items and proceeded to exit the store, passing all points of sale. She was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 17.

Reminder: Batavia Cemetery Association to hold Victorian Home Tour May 15

By Billie Owens

Press release:

The Batavia Cemetery Association will hold a Victorian Home Tour from 1 to 5 p.m. on Sunday, May 15th. The interior home tour will feature some of Batavia's finest examples of Victorian architecture.

The tour starts at the Historic Batavia Cemetery on Harvester Avenue at 12:30 p.m.

Tickets are $25 and may be purchased online at bataviacemetery.com, in person (after April 16th) at Pollyanna & Dot at the Hidden Door, 202 E. Main St., Batavia, or by calling (585) 343-0248. Any remaining tickets may be purchased at the cemetery the day of the tour, however advance purchase is recommended as a limited number will be sold.

No children under the age of 12, please.

All proceeds benefit the upkeep and restoration of the Historic Batavia Cemetery, which was founded in 1823 and was listed on the State and National Registers of Historic Places in 2002.

Batavia man indicted on 12 counts for allegedly robbing employee of downtown salon

By Billie Owens

Terrence D. Johnson

A Batavia man was arrested Tuesday, May 3, after being indicted by a Grand Jury on a charge of first-degree robbery and 11 counts of fourth-degree grand larceny.

Terrence D. Johnson, 21, allegedly robbed an employee of the Bahama Bay Salon at 2 School St., Batavia, in January. He is in jail without bail.

He is to appear in Genesee County Court this Friday. The case was investigated by Batavia Police Det. Kevin Czora.

Law and Order: Homeless man arrested in Le Roy after allegedly climbing through second-story window at 3 a.m.

By Billie Owens

Kenneth Michael Gray Jr., 24, no permanent address, is charged with second-degree criminal trespass. He was arrested on May 3 after he allegedly entered a second-story window at 3:05 a.m. on Lake Street Road, Le Roy. Gray is in jail on $10,000 bail. The case was handled by Sheriff's Deputy Ryan Young, assisted by Deputy John Baiocco.

Justin Allan Putney, 25, of Borden Avenue, Perry, is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, and speeding. He was stopped at 12:16 a.m. today for speeding on East Main Street Road in Batavia and was allegedly found to be intoxicated. He is to appear in Town of Batavia Court on May 16. The case was handled by Sheriff's Deputy John Baiocco, assisted by Deputy Ryan Young.

Hawley: 'Silver stays on the taxpayer dime, from suit to jumpsuit'

By Billie Owens

Assemblyman Steve Hawley (R,C,I-Batavia) issues statement on the sentencing of Sheldon Silver:

“I am glad to finally see Sheldon Silver meet the fate he deserves. I am extremely dismayed to hear that he will be receiving a near six figure taxpayer-funded pension behind bars. No one who purposely betrays the public for decades and denigrates his/her office like Silver should receive any form of taxpayer-funded pension. The Assembly Majority promised us comprehensive ethics reform months ago. Since then they have ignored the desires of New Yorkers in exchange for protecting one of their own. Corruption in Albany should not be business as usual and I will continue to beat the drum for a return to integrity here in the Capitol.”

Photo: A neighbor's gratitude to Habitat for Humanity

By Howard B. Owens

A neighbor on South Main Pearl Street is obviously grateful for Habitat for Humanity's restoration of a house two doors down.

The house is nearly complete and the family that will move in is in escrow on the purchase. A dedication is expected May 21.

Habitat currently has another project in progress on State Street.

Thomas Rocket Car may make appearance in Memorial Day Parade

By Howard B. Owens

Dick McClurg continues to make progress on the restoration of the Thomas Rocket Car, the one-of-kind prototype designed by Batavian Charles Thomas and built in a garage at Main and Oak in 1938.

By the end of the month, McClug expects to have the driver side fender re-fabricated, in place, with the entire driver's side primed. If that timetable sticks, then he'll load the car on a trailer for the Memorial Day Parade through the City, weather permitting.

Since our last visit, McClurg as fabricated new motor mounts and inner fenders as well as repaired the rear driver's side fender.

The work has given McClurg a renewed respect for Thomas, he said, noting that getting the one fender right was tough work, but Thomas and Norman Richardson had to get all the fenders right and get them to match perfectly, all by hand.

"I wish I could have met him," McClurg said.

Once the restoration is complete, the car will be donated to the city, and at that point, it will be able to make its own way down Main Street in a parade, rather than on a trailer.

For previous coverage, click here.

Voters approve 2016-17 budget for Richmond Memorial Library

By Howard B. Owens

The Richmond Memorial Library budget was approved by voters yesterday with 219 yes votes to 46 voting no.

The proposed budget includes a spending increase of $23,945.

Jennifer Cascell was elected to a five-year term on the library's board of trustees, filling a vacancy to be left by Dana Warren at the expiration of her term this June.

Batavia Cemetery Association looking for help in dealing with latest round of vandalism

By Howard B. Owens

Press release:

Sometime between the middle of March and the middle of April this year, the Historic Batavia Cemetery was seriously vandalized. More than 50 headstones, some dating to the early 19th century, were overturned, broken or smashed, causing thousands of dollars of damage.

The Batavia Cemetery was established in 1823 and was listed on the State and National Registers of Historic Places in 2002. Most of Batavia’s early settlers are buried at this site.

The Cemetery Association is a nonprofit organization and the funds available for this damage are limited. They are asking for donations to help reset and repair the damaged monuments. A GoFundMe page has been established under Historic Batavia Cemetery Repairs and may be found at  https://www.gofundme.com/BataviaCemetery.

This board has worked very hard the past 25 years to restore and maintain the cemetery. This is a very devastating blow.

Under New York State Law, this amount of cemetery desecration is a felony offense. If anyone has information regarding this crime, they may contact Officer Cronmiller at Batavia City Police Department, 345-6350.

Any donations or information will be greatly appreciated.

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