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Law and Order: Washington Avenue women accused of violating an order of protection

By Billie Owens

Melody J. McMaster, 48, of Washington Avenue, Batavia, is charged with second-degree criminal contempt. McMaster was arrested on Dec. 9 on Chestnut Street in Batavia after allegedly violating an order of protection by being inside the protected party's residence at 11:17 a.m. that day. She was issued an appearance ticket for Dec. 24 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Jose Fuentes, 39, of Bank Street, Batavia, is charged with second-degree harassment. On Dec. 17, Batavia Police Officer Peter Post arrested Fuentes in connection with an incident that occurred at 9 p.m. Dec. 13 on Bank Street in Batavia. He was issued an appearance ticket for Dec. 24 in Batavia City Court.

Kyle Schroeder, 23, of Telephone Road, Le Roy, is charged with petit larceny. He was arrested at 9:09 a.m. on Dec. 8 on East Main Street in Batavia after he allegedly took an item out of the packaging while in a local business and then attempted to conceal the item. He is accused of placing the empty packaging on the shelf and continuing through the store. He was due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

Nine projects in Genesee County receive $1.4M in economic development grants

By Howard B. Owens

Today, the governor's office announced $761 million in economic development grants statewide, including $1.4 million for projects in Genesee County.

The local projects:

City of Batavia Advancing Batavia Opportunities The City of Batavia will advance the redevelopment of City Centre and Harvester Center BOA strategic sites within the Batavia Opportunity Area by undertaking pre-development activities including preliminary engineering and architectural studies, legal services, real estate services, zoning updates, and marketing. $193,500 City of Batavia Revitalize Downtown Batavia The City will assist in the renovation of mixed-use buildings in the City's Business Improvement District. $300,000 Genesee County Genesee County 2040 Strategy Genesee County will prepare an update to its outdated 1997 Comprehensive to provide a new direction for the future of Genesee County with a focus on economic development and community revitalization. The plan will be action-oriented and community-driven with an emphasis on priority county- wide revitalization projects complemented by an implementation strategy and performance measurements. $40,000 Genesee-Orleans Regional Arts Council Seymour Place The Genesee-Orleans Regional Arts Council will make needed renovations and upgrades to maintain the fundamental beauty of its historical building while bringing the functionality of the building into the 21st century. $72,500 Town of Byron Town of Byron Wastewater Treatment Plant Improvements Study The Town of Byron will complete an engineering report to evaluate disinfection alternatives at its wastewater treatment plant. $30,000 Town of Pavilion Town of Pavilion Wastewater Treatment Plant Disinfection Study The Town of Pavilion will complete an engineering report to evaluate disinfection alternatives at its wastewater treatment plant. $30,000 Village of Corfu Village of Corfu Wastewater Treatment Plant Disinfection The Village of Corfu will install effluent disinfection at the village's wastewater treatment plant. This project will improve water quality by reducing pathogens in the treatment plant's discharge. $620,000 Village of Elba Village of Elba Wastewater Treatment Facility and Collection System Study The Village of Elba will complete an engineering report to evaluate disinfection alternatives at its wastewater treatment facility. The report will also include recommended actions to reduce the inflow and infiltration in the sanitary sewer collection system. $30,000 Village of LeRoy Village of LeRoy Sewer Inflow and Infiltration Study The Village of LeRoy will complete an engineering report that provides a detailed sanitary sewer collection system capital improvement plan based on investigations of inflow and infiltration in the system. $30,000

Press release:

Governor Andrew M. Cuomo today announced that more than $761 million in economic and community development funding has been awarded through Round IX of the Regional Economic Development Council initiative. Since its inception in 2011, more than $6.9 billion has been awarded to more than 8,300 projects that are projected to create and retain more than 240,000 jobs statewide through the REDC process.

"Throughout the Regional Economic Development Council process over the past nine years, we have seen unprecedented regional investment focusing on a ground-up, strategic model that has spurred tremendous growth in every corner of this great state," Governor Cuomo said. "By bringing together local leaders and stakeholders who are invested in their communities we have replaced the 'one size fits all' approach to economic development with one that is unique to each community, creating opportunities for success all across the Empire State."

"By empowering local officials and stakeholders who know their communities best, we have transformed the state's economic development strategy into one that is not only successful, but is built to last," said Lieutenant Governor Kathy Hochul, chair of the Regional Economic Development Councils.

"Together, we are revitalizing downtowns, supporting and attracting businesses, and welcoming new residents and visitors. Through the REDCs, we are advancing the strategic economic development strategies of each region and supporting growth as part of the Downtown and Upstate Revitalization Initiatives. With a focus on workforce development and growth of high-tech industries, we are adding new job opportunities and strengthening the economy of New York State."

Today, more than $761 million in economic and community development funding was awarded through Round IX of the REDC initiative:

  • Western New York: Regional Council Awardee | $67.3 million supporting 109 projects
  • Finger Lakes: Regional Council Awardee | $64.4 million supporting 94 projects
  • Southern Tier: Top Performer | $88.9 million supporting 109 projects
  • Central New York: Top Performer | $86.2 million supporting 93 projects
  • Mohawk Valley: Top Performer | $82.7 million supporting 81 projects
  • North Country: Regional Council Awardee | $67.9 million supporting 83 projects
  • Capital Region: Top Performer | $84.1 million supporting 120 projects
  • Mid-Hudson: Regional Council Awardee | $65.8 million supporting 105 projects
  • New York City: Regional Council Awardee | $66.3 million supporting 109 projects
  • Long Island: Top Performer | $87.9 million supporting 94 projects

More information on the 2019 Regional Economic Development Council Awards, including a full list of awardees, is available here.

Empire State Development Acting Commissioner and President and CEO-designate Eric Gertler said, "For nearly 10 years, the REDC process has been the driving force behind New York State's economic development decisions, and the model is a proven success. As the process enters the next decade, we are seeing the legacy of past projects being completed and excited about the new economic development opportunities our REDCs continue to identify." 

The REDC process has transformed New York State government's approach to economic development, creating a statewide framework for bottom-up, regional economic growth and streamlining the state funding application process. Established in 2011 as a centerpiece of the governor's strategy to jumpstart the economy and create jobs, the Regional Councils replaced the state's old top-down approach with one that is community-based and performance-driven.

This spring, Governor Cuomo launched Round IX of the REDC initiative and the fourth round of the Downtown Revitalization Initiative. A full list of communities in which $10 million will be invested through the DRI, along with their applications, is available here.

In 2019, all 10 REDCs competed for up to $150 million in capital funds and $75 million in Excelsior Tax Credits for projects identified by the Regional Councils as priorities in their regions. All 10 regions competed for designation as a Top Performer with the five top performing regions being awarded a share of $100 million in ESD capital grants. The remaining five regions were awarded a share of $50 million in ESD capital grants. Each region was also awarded a share of $75 million in Excelsior Tax Credits to help attract and grow business in the region.

The Regional Council priorities this year included working with local businesses and communities to identify childcare needs and develop potential solutions; developing an economic and environmental justice strategy for the region; supporting community investment in place-making and downtown revitalization; and supporting the state's $175 million Workforce Development Initiative. Each council was asked to address these items in ways that complement each regional vision.

During Round IX, the Strategic Implementation Assessment Team (SIAT), comprised of state agency commissioners and members of the New York State Legislature, received presentations on this year's proposals from each of the 10 Regional Councils and assessed the implementation of the regions' strategic plans.

Potentially dangerous snow squall moving through the area

By Howard B. Owens

A potentially dangerous snow squall is moving through the region and is expected to hit Genesee County by 12:45 p.m., according to the the National Weather Service.

A weather warning has been issued.

The Weather Service warns of poor visibility, heavy and blowing snow, with wind gusts of 30 mph.

The warning is based on radar images. 

The Weather Service warns of "dangerous life-threatening travel" during the squall.

City Schools hires new district superintendent

By Howard B. Owens

Press release:

The Batavia City School District’s Board of Education (BOE) has named Anibal Soler Jr. as the district’s next superintendent. Soler Jr. is set to begin on Jan. 20.

Patrick Burk, Batavia City School District’s Board President stated, “The board is confident that Anibal Soler Jr. will lead our district as we work together to deliver the best education possible for our students. Our search process narrowed the field to three excellent candidates. We value all of the input from our stakeholders and community members.

"With his dedication, enthusiasm and knowledge, our board feels that Anibal has the educational capacity and attributes to move us forward. We are united in making Batavia City Schools the best district for our students and we feel that we are making the right decision in hiring Anibal.”

Soler Jr. is the associate superintendent of Strategic Alignment and Innovation for the Buffalo Public Schools, New York state’s second-largest school district, a position he has held since 2018. In this role, he oversees four areas: adult education, district athletics, the My Brother’s Keeper Initiative, and the district school improvement strategy known as Strong Community Schools, which encompasses 11,000 students and 21 schools across the City of Buffalo. This Strong Community Schools effort has moved persistently struggling or failing schools to good-standing rating by the New York State Education Department.

From 2016 until 2018 Soler Jr. was the principal of North Park Academy, an elementary school in the Buffalo Public School District. In this role, he led a staff of more than 50 and 250 students and supervised all instructional and operational aspects of this Pre-K through 8 community school.

From 2009-2016, Soler Jr. was the principal of East High School, the largest comprehensive high school in the Rochester City School District, with between 1,500 to 2,000 students and a staff of almost 250. Through his leadership, the school was removed from the New York State Education Department’s Persistently Dangerous list in 2011.

Soler Jr. serves as an adjunct professor at Canisius College in Buffalo. He began teaching in 2000 as an art teacher at Thomas Middle School in the Rochester City School District.

“I wish to thank the Batavia Board of Education for offering me this exciting opportunity to be the next Superintendent of Batavia City Schools," Soler Jr. said. "I am deeply honored and humbled to be selected to lead your high-quality school system. I also look forward to joining and serving the amazing students, parents, talented staff, and community partners of the Batavia City Schools.

"Together, we will continue to make Batavia City Schools a premier district that effectively serves and supports all students and families.”

Soler Jr. holds a Bachelor of Science from Daemen College, a master’s degree from Nazareth College and Certification in School Administrator and School District Administration from St. John Fisher College. He also holds a certification as a New York State School Administration Supervisor. Soler Jr. is currently enrolled in the doctorate program in Educational Leadership at the University of Rochester.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as the search consultant and noted that the search process was a true collaboration between the Board of Education, district staff, and community.

Law and Order: Batavia woman jailed after physical domestic incident

By Billie Owens

Katty L. Jackson, 23, of East Main Street, Batavia, is charged with: second-degree harassment; fourth-degree criminal mischief; second-degree strangulation; and unlawful imprisonment in the second degree. Jackson was arrested at 10:15 p.m. on Dec. 7 on East Main Street, Batavia, following an investigation into a physical domestic incident. She was arrested and arraigned in Batavia City Court and put in jail. No bail specified. She was due to return to city court Dec. 9. The case was handled by Batavia Police Officer Wesley Rissigner, assisted by Officer Lindsay Christopher.

Nicole R. Griffin, 37, of State Street, Batavia, is charged with second-degree harassment -- physical contact. She was arrested at 5:47 p.m. on Dec. 14 following a physical altercation inside Walmart in Batavia. Griffin was released on an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Miah Stevens.

Bleyke Z. Culver, 23, of Walnut Street, Batavia, is charged with second-degree harassment. Culver was arrested at 11:30 a.m. on Dec. 10 on Walnut Steet after allegedly threatening to subject a person to unwanted physical contact during a domestic incident. Culver was issued a computer-generated appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Michelle L. Sahr, 52, of North Main Street, Albion, is charged with second-degree harassment. Sahr was arrested at 8:48 p.m. Dec. 8 on Prospect Avenue in Batavia after allegedly showing up repeatedly at a residence and being told each time she needed to leave. Sahr was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Marc Lawrence.

Thomas James Noce, 26, of North Lansing Circle, Rochester, is charged with: aggravated driving while intoxicated -- a BAC of .18 or more; DWI; reckless driving; failure to stop at stop sign; and operating a motor vehicle while using a portable electronic device. Noce was arrested on Dec. 16 on Clinton Street Road in Bergen at 10:50 p.m. on Dec. 16 following the investigation of a motor-vehicle accident. He was issued appearance tickets and released and is due in Bergen Town Court on Jan. 8. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Ryan Young.

Matthew G. Vandyne, 57, of Purdy Road, Canandaigua, is charged with: driving while intoxicated -- second offense; DWI with a BAC of .08 percent or more, with a prior conviction; and drinking alcohol in a motor vehicle. Vandyne was arrested at 1:06 a.m. on Route 237 in Byron following an investigation. He is due in Byron Town Court on Jan. 6. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Linda Marie Doucette, 54, of Lake Road, Brockport, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; and moving from lane unsafely. Doucette was arrest following an investigation of a motor-vehicle accident at 7:38 p.m. on Dec. 13 on Reuben Road on the Tonawanda Indian Reservation. She was issued appearance tickets for Dec. 23 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Michael Lute.

Baillie Marie Schwab, 20, of Maxim Road, Attica, is charged with: driving while intoxicated -- a BAC of .18 percent or more; DWI; and open container of alcohol in a motor vehicle. Schwab was arrested at 5:07 a.m. on Railroad Avenue in Alexander following a complaint of a female slumped over the wheel in a vehicle in the middle of the roadway in Alexander. She was released on appearance tickets and is due in Alexander Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy James Stack.

Todd J. Pangrazio, 43, of Annamarie Terrace, Cheektowaga, is charged with aggravated unlicensed operation in the first degree and passing a red light. At 5:59 p.m. on Dec. 15, Pangrazio was allegedly observed passing a steady red light at the intersection of Main and Court streets in the City of Batavia. A traffic stop was conducted. It was determined that Pangrazio possessed a suspended NY non-driver ID with 10 or more scoffs on 10 or more dates. He was issued an appearance ticket and released on his own recognizance. He is scheduled to appear in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Eric J. McGill, 36, of Hutchins Place, Batavia, is charged with trespass. He was arrested at 5:37 p.m. on Dec. 14 in Walmart in Batavia after entering the business, from which he was previously banned. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Sgt. Dan Coffey.

Vincent A. Sanfratello, 53, of Liberty Street, Batavia, was arrested on Dec. 10 on a bench warrant out of Batavia City Court. He was processed and arraigned in city court and is due back in court on Jan. 28. The case was handled by Batavia Police Officer Arick Perkins.

NYSP in Batavia continues to investigate 1983 homicide woman found in Iroquois refuge

By Billie Owens

Press release:

Cold Case Tuesday

New York State Police in Batavia continue to investigate the 1983 homicide of a Florida woman found in Orleans County.

On Oct. 29, 1983, a body was found by a hunter off of Route 63 in the Iroquois National Wildlife Refuge, in the Town of Shelby. The victim was found several feet off the shoulder of the roadway, in a severely decomposed state, and is believed to have been there for several months.

 

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In 1984, the Center of Human Identification was used by the New York State Police to make a facial reconstruction from the remains (pictured above). This was done to make a facial render to give the public a possible identity to compare and also render sketches.

In October of 2013, the body was exhumed and DNA testing was done. The victim was identified as Shari Lynne Ball.

Ball was reported missing by her family in June of 1983 to the Palm Beach County Sheriff’s Office in Florida. She had told her family that she was going to New York State with an unknown friend to pursue a modeling career.

At the time of her disappearance, Ball was living in Boca Raton, Fla., was a 20 year old white female, 5’ 4”, 100 pounds, with hazel eyes and blond hair. Ball was also known to use the last name of Timmerman.

Anyone with information regarding this investigation is asked to contact the New York State Police Bureau of Criminal Investigation in Batavia by calling 585-344-6200. Please refer to SJS # 3032334.

Man accused of attempted murder, arson, faces new charges stemming from pre-trial confinement

By Howard B. Owens
     Plush Dozier

A Batavia man awaiting trial on arson and attempted murder charges was arraigned on a new criminal complaint stemming from his alleged behavior while in custody since his arrest in June 2018.

Plush Dozier has been indicted on counts of criminal mischief in the second degree and criminal mischief in the third degree.

It's alleged that on Aug. 4, 2018, he kicked out a plate of glass in a holding cell at the Genesee County Jail, which caused more than $5,000 damage. He's also accused of causing more than $250 of damage to a Sheriff's Office patrol vehicle on Aug. 20, 2018.

Dozier is being held without bail for allegedly setting fire to a house on Maple Street in the city with the intent of killing his girlfriend on June 15, 2018.

While awaiting his criminal proceedings, Dozier has been housed at least some of the time in solitary confinement at Attica Correctional Facility.  

In September, the Commissioner of Mental Health determined that Dozier is mentally fit to stand trial. He is expected to go to trial the week of March 16.

See previous coverage:

Days Inn robber may get chance at rehabilitation after guilty plea

By Howard B. Owens
   Thomas Moynihan

A 44-year-old State Street man admitted in court to stealing $344.50 from the Days Inn in Batavia in October, but as part of a plea deal may with have an opportunity to enter a judicial diversion program.

It will be up to Judge Charles Zambito to decide whether Thomas P. Moynihan can enter a substance abuse program following a report by probation officials to determine his potential eligibility for the program.

Moynihan is due back in court Jan. 3 to hear Zambito's decision.

If Moynihan successful completes the program, his felony charge could be reduced and he would be eligible for probation with no jail time.

If he doesn't successfully complete the program, he would be looking at a prison term of two to seven years.

Moynihan has no prior prison record.

He was arrested by Batavia PD after he went into an area designated for employees at the Days Inn, confronted an employee, demanded money, and then fought with the employee before fleeing.

The employee was not hurt in the incident.

Today he entered a guilty plea to robbery in the third degree.

Implementation of 'Green Light Law' complicates DMV's job, brings protest locally

By Howard B. Owens

A change in the law, called the "Green Light Law," that would allow people in the United States without legal permission to be here to obtain a driver's licenses is getting push back in Genesee County from local residents and the County Clerk.

A small group of residents staged a protest outside County Building #1 this morning. Also this morning, County Clerk Michael Cianfrini announced a moratorium on new driver's permits because he is concerned about the lack of training his staff has received about the new law.

"We're out here because we disagree with Gov. Cuomo about the law," said Carl Hyde, or organized the protest. "We're American citizens and we have a right to freedom of speech and to say the law is wrong and we disagree with it."

He expressed concern about DMV staff locally not receiving adequate training to inspect documents from other nations and decide if documents that are presented to determine identity are legitimate documents.

That's also the worry of Cianfrini, who has been hoping the governor would delay implementation of the law or a court would intervene to at least slow down its implementation.

"As it became obvious that none of these were going to happen, I consulted with county management and our county attorney and decided that this was the best course of action in the very short term," Cianfrini said. "As the state has changed many of the policies and procedures that we use to process new applications while providing minimal training and information on exactly how to handle various situations, we were uncomfortable with completing the transactions."

He said that if clerks were presented with documents they could not verify or authenticate, or if the clerks suspected fraud, they would be prohibited from contacting law enforcement and from keeping copies of the docuemnts. At the same time, he said the county DMV has been told to handle suspicious documents "as we always have."

"I am afraid that we will either take a copy of something or report something that we shouldn’t, and find ourselves in violation of the law, or accept and process something that we shouldn’t and likewise run afoul of the law," Cianfrini said. "As we do not discriminate against anyone based upon a suspicion of country of origin or suspected legal status, we felt it necessary to implement this blanket moratorium on new permits to protect ourselves and to be in a position to handle the transactions properly when we start issuing them again.  It is my sincere hope that we will be able to begin processing new permit transactions again within the next few days."

Speedway robber sent to prison for more than a dozen years

By Howard B. Owens
      Dustin Bogue

A 37-year-old transient with roots in Batavia will spend 12 and a half years in prison for his first-degree robbery of the Speedway at 204 W. Main St. in September.

Dustin Wayne Bogue was also charged with criminal possession of a weapon and criminal possession of stolen property.

He entered the Speedway at 1:51 p.m. Sept. 14 and Batavia PD responded to a report of a robbery. He was later arrested following an investigation. 

Under terms of a previous plea agreement, the maximum sentence Bogue faced was 15 years. He could have gotten a minimum of 10 years. District Attorney Lawrence Friedman said Judge Charles Zambito decided to split in half the maximum statutory time of 25 years, which is how he arrived at 12 and a half years.

Bogue has previously served prison terms for unauthorized use of a vehicle, second-degree assault, and criminal contempt.

His father, Lewis W. Bogue Jr., was convicted in Genesee County Court in 1995 of rape and sodomy (Dustin Bogue was not the victim). Zambito, according to Friedman, said he realized Bogue had a rough childhood but he said that was no excuse before imposing the prison term.

Unoccupied house trailer on fire with flames showing on South Lake Road, Pavilion

By Billie Owens

A residential structure fire is reported in Pavilion in a house trailer that is believed to be unoccupied at 9887 S. Lake Road (Route 19). Flames are showing. Pavilion Fire Department is called to respond along with mutual aid from Le Roy and Stafford fire departments. The location is between Junction and Cole roads.

Law and Order: Medina man accused of stealing rifle and $1K in property from Oakfield home

By Billie Owens

Edward C. Simmons, 33, of Applegate Drive, Medina, is charged with: second-degree burglary -- illegal entry into a dwelling; fourth-degree grand larceny -- a rifle; and grand larceny -- property value greater than $1,000. Simmons is accused of breaking into a residence on Sept. 16 on East Shelby Road in Oakfield and stealing a 22-caliber Remington rifle and other property valued at $1,000 or more. Following an investigation, he was arrested on Dec. 9 and arraigned in Oakfield Town Court. He was then released on his own recognizance and is due back in court at 6 p.m. on Jan. 6. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Melody McMaster, 48, of Washington Avenue, Batavia, is charged with second-degree criminal contempt. McMaster was arrested on Dec. 9 at an apartment on Chestnut Street in Batavia for allegedly violating an order of protection by being in the protected party's residence at 11:17 a.m. She was issued an appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Brandon Gene Rindell, 38, of West Main Street, Corfu, is charged with aggravated driving while intoxicated -- a BAC of .18 percent or more, and DWI. On Dec. 12 at 7:33 p.m., Rindell was arrested after his vehicle was involved in a motor-vehicle accident in the Village of Corfu. He was released on appearance tickets and is due in Village of Corfu Court on Dec. 16. The case was handled by Genesee County Sheriff's Deputy David Moore.

Mellanie Golamb, 36, of Folkestone Lane, Penfield, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or more; DWI; criminal possession of a controlled substance in the seventh degree; moving from lane unsafely; and failure to notify the DMV of an address change. On Dec. 10 at 7:33 a.m., the dispatch center received a call of a vehicle being operated irratically. Following a traffic stop on Stephen H. Hawley Drive in the Town of Batavia, standard field sobriety tests were performed. Golamb was arrested and processed at the Genesee County Jail. She was released on appearance tickets and is due in Batavia Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Chad Cummings. Deputy Lonnie Nati also assisted along with Genesee County Corrections officers.

Karen M. Lau, 54, of North Spruce Street, Batavia, is charged with aggravated driving while intoxicated  -- a BAC of .18 percent or more, and DWI. She was arrested at 8:16 p.m. on Nov. 30 on East Main Street in Batavia after she was allegedly found sleeping in the driver's seat of her vehicle parked in the parking lot of a business. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Cronmiller.

Angelo James Voltura, 24, of Meiser Road, Corfu, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving a motor vehicle while intoxicated; speed not reasonable or prudent; and failure to keep right. Following the investigation of a single-vehicle accident at 1:41 a.m. on Dec. 11 on Pratt Road in the Town of Batavia, Voltura was arrested. He was arraigned in Town of Batavia Court and released on appearance tickets. He is due to return to court on Dec. 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Kyle J. Schroeder, 23, of Telephone Road, Le Roy, is charged with petit larceny. He was arrested following a shoplifiting incident at 9:09 a.m. on Dec. 8 at a business on East Main Street in the City of Batavia. Schroeder is accused of taking an item out of the packaging while at a business and attempting to conceal that item while continuing through the store. He was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

Murder suspect makes it to court for evidence hearing

By Alecia Kaus
    Quinton Edmonds

Quinton J. Edmonds, 31, of Rochester, appeared in Genesee County Court on Thursday afternoon, along with his attorney Fred Rarick, for a hearing on motions to suppress evidence in the case against him.

Edmonds is currently being held without bail at the Genesee County Jail on a second-degree murder charge in the death of 43-year-old Michael Paladino.

On June 1 at about 12:45 a.m., Edmonds was allegedly involved in a physical altercation with a female on the sidewalk near 5 and 7 Ross St. in the City of Batavia.

Paladino heard the argument and attempted to intervene. A physical altercation then ensued between Paladino and the suspect. During the altercation, Paladino sustained life-threatening injuries.

On Oct. 30th, Edmonds refused to appear in County Court, Rarick apologized to Judge Charles Zambito and scheduled a suppression hearing in his absence.

During today’s hearing, Rarick argued that police did not have probable cause to detain Edmonds and that the “Show Up” procedure was very suggestive.

“Based on the information I was provided -- black male, black and white shirt -- that’s all they had when they detained him,” says Rarick.

District Attorney Larry Friedman called Sgt. Dan Coffey to the stand during the hearing to explain how the incident unfolded at 5-7 Ross St.

Coffey told the court there was a report of a disturbance and a subject down and a subject who possibly had a gun. When police arrived on scene, the victim, Paladino, was located in an enclosed entryway in a pool of blood, unresponsive and seriously injured. The suspect was described by a witness as a black male wearing a colorful shirt, colors of the American flag, Coffey told the court. A second witness said the suspect was walking south, headed toward East Main street with a knife in his hand.

Officer Mitch Cowen had spotted a vehicle turning off of Ross street headed west on East Main and pulled it over; he was in the process of interviewing the two female subjects in the Richmond Library parking lot when there was a visual sighting of the suspect who was on foot. Both female subjects in the vehicle then identified the suspect as they were on Ross Street during the disturbance.

Coffey then told the court that when he approached the Richmond Library parking lot, the suspect was lying on the ground in handcuffs. Coffey then walked the suspect back to his police vehicle at 5-7 Ross St. and placed him in the backseat of the vehicle.

Both witnesses on Ross Street subsequently confirmed that Edmonds was the suspect involved after a “Show Up,” where the witnesses were able to get a look at the suspect in the back of Sgt. Dan Coffey’s police vehicle. Coffey opened the rear door of his police vehicle and shined a flashlight on the suspect who was handcuffed. The witnesses were about 7-10 feet from the suspect.

Sgt. Coffey was wearing a bodycam during the incident and the first 21 minutes of the video was submitted as evidence.

Rarick then questioned if the witnesses watched Sgt. Coffey put the suspect into his police vehicle and if the City of Batavia Police had a policy or procedure for “Show Up” identifications.

Sgt. Coffey says the department does have a policy and procedure and it was followed that night. Rarick then asked why the suspect was not taken back to Batavia Police headquarters for a lineup.

Sgt. Coffey advised Rarick that the Batavia Police Department does not do lineups. Coffey says he wanted to make sure the right person was detained at the scene. Rarick argued that the witnesses did not get a full-body view of the suspect from the rear of the car, just his face.

No blood was on the suspect and a weapon was never recovered.

District Attorney Larry Friedman told the court that Edmonds met the description, was in close proximity to the scene and he left the scene on foot.

“This was an appropriate “ShowUp,” Friedman said.

After learning of the two primary witnesses who identified Edmonds in the vehicle that was pulled over in the Richmond Library parking lot, Rarick says he probably would not have requested a suppression hearing. Rarick says he was not provided with their statements in discovery.

“Under the new discovery guidelines, they would have had to give me all those statements by the ladies that were in the car with him, saying 'that’s the guy that did it,' that’s nowhere in any of the reports. Had the District Attorney come forward with all this stuff, there would have been no need for a suppression hearing,” says Rarick.

Judge Zambito reserved his decision, will review the evidence and will advise of his decision at Edmonds’ next court appearance at 1:30 p.m. on Jan. 3.

Law and Order: Portland man accused of stealing gift cards from Christmas party at local hotel

By Billie Owens

Brian Lee Crockett, 39, of Woleben Road, Portland, is charged with petit larceny. At 1:48 a.m. on Dec. 7 Crockett was arrested after he allegedly stole various gift cards valued at $225 from a Christmas party at a hotel on Park Road in Batavia. Crockett was apprehended and arrested in his hotel room and the Genesee County Sheriff's Office alleges he had the stolen property in his possession at the time of his arrest. Crockett was issued appearance tickets and is due in Batavia Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Nicholas J. Durkin, 38, of Drullard Avenue, Lancaster is charged with fourth-degree grand larceny and third-degree grand larceny. Durkin was arrested on Dec. 5 while he was at Batavia City Court on another matter. He was arraigned there on the charges at 11:20 a.m. It is alleged that on June 19 on Washington Avenue in the city that Durkin took $4,900 ti perform HVAC work at a local business. After receiving payment, it is alleged that he never completed the work. The case was handled by Batavia Police Officer Kevin DeFelice.

Nicholas A. Gaudy, 27, of Summit Street, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent or more, DWI, and refusing to take a roadside breath test. Gaudy was stopped at 11:51 a.m. on East Main Street in Batavia following a civilian complaint. Gaudy was processed at Genesee County Jail and released on appearance tickets. Gaudy is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Teresa M. Stephenson, 30, of Cedar Street, Batavia, is charged with petit larceny. She was arrested following a complaint of larceny at a business on West Main Street in the City of Batavia at 3:10 p.m. on Dec. 5. Stephenson was released on appearance tickets and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Felicia DeGroot.

Police release name of second suspect in assault on Highland Park in October

By Howard B. Owens
        Terrance Falk

A 21-year-old Rochester man with ties to Batavia is charged with gang assault and harassment in connection with an incident on Highland Park on Oct. 4.

The Batavia Police Department released information on the arrest today.

A codefendant in the case, Riley Mayer, 21, of Batavia, pled guilty in Genesee County Court on Thursday to a charge of assault, 2nd

A third suspect has not yet been charged, according to District Attorney Lawrence Friedman. 

The victim in the attack allegedly suffered serious injuries.

Falk was arrested in October and arraigned Oct. 7 and ordered held on $5,000 bail or $10,000 bond. There is no information immediately available on his current bail status.

Falk's current address is on Woodsmeadow Lane in Rochester.

He reportedly lived in Batavia in August 2018 when he was charged with disorderly conduct and harassment at a concert at Darien Lake. He reportedly lived in Brighton in September 2015 when he fought with a guard in the Genesee County Jail. In December 2014, he was accused of damaging property in Le Roy. There's no information immediately available on the disposition of those cases.

Senator Ranzenhofer announces his retirement

By Billie Owens

State Senator Michael H. Ranzenhofer issued the following statement this afternoon (Dec. 6):

“Today I am announcing that I will not seek reelection and will retire from the NYS Senate at the end of next year," Ranzenhofer said. "It has been the highest privilege to represent the many communities of WNY and I am proud of what we have accomplished together on behalf of residents.

Despite my decision to retire, I will continue to fight for the residents of the 61st Senate District throughout the remainder of my term. After many years of serving the community, I look forward to spending more time with my family.”

In addition to being a legislator, the senator is a partner with the law firm Friedman and Ranzenhofer.

Submitted file photo of Honorable Janet DiFiore, chief judge of the State of New York, administering the oath of office to Ranzenhofer on the floor of the State Senate for the 2017-18 term.

Batavia man pleads guilty to rape in Amber Alert case

By Howard B. Owens

Guillermo Torres-Acevedo, 23, of Batavia, pled guilty today in Genesee County Court to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

The maximum possible sentence the Puerto Rico native could receive is six years in prison, with 10 years of parole afterward.

Torres-Acevedo will be sentenced on Feb. 18 in Genesee County Court, after he is first sentenced in Federal Court in Buffalo on Feb. 13.

On Wednesday, Torres-Acevedo pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

There is no promise of concurrency in county court with the federal sentence, which ranges from six and a half to up to 20 years in prison. The federal penalty could also include a fine of up to $250,000.

The defendant was arrested on Nov. 26, 2018 in Genesee County and charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

Man found with stolen property pleads guilty, released from jail pending sentencing

By Howard B. Owens

A 22-year-old North Chili man who was found sleeping in a car in Pavilion in May, along with a woman and a with a cache of apparently stolen items, is being released from jail under terms of the state's new bail reform law while awaiting sentencing after his guilty plea in Genesee County Court on Thursday.

Daniel Lewis entered a guilty plea to criminal possession of stolen property in the fourth degree as a second felony offender and faces a minimum prison sentence of one and a half to 3 years and a maximum sentence of two to four years.

He admitted to possession of a stolen debit card.

After his guilty plea, his assigned attorney, Fred Rarick, asked Judge Charles Zambito to consider releasing Lewis under supervision of Genesee Justice since he will become eligible for such a release Jan. 1 under terms of New York's new bail reform law. 

District Attorney Lawrence Friedman made sure Zambito was aware that Lewis has a prior probation violation and a prior parole revocation. 

After confirming that Lewis has a place to live if released -- his father's house -- and instructing Lewis to submit to a substance abuse evaluation and abide by any recommendations for treatment, Zambito agreed to release him under supervision.

Lewis is eligible for parole supervision at sentencing and Zambito told Lewis his ability -- or inability -- to follow instructions regarding evaluation and treatment will be a factor in his decision at sentencing.

Lewis was arrested May 27 when Deputy Ryan Young was dispatched to Peoria Road in Pavilion for a report of a disabled or abandoned vehicle. Young found Lewis and Stormy Watts, 21, of Stafford, sleeping in the back seat. They told Young they were waiting for a time to call somebody to come and bring them gas.

Upon further investigation, Young found numerous items that appeared to have been stolen from vehicles inside the car with Lewis and Watts.

Both were arrested.

According to Friedman, Watts took a plea on Tuesday (Dec. 3) to criminal possession of stolen property in the fifth degree. She will be sentenced at a later date.

Young also reportedly found a firearm in the vehicle and Lewis was charged with criminal possession of a weapon as a convicted felon. That charge was subsequently dropped in connection with the plea agreement, Friedman confirmed for Zambito yesterday.

Man pleads guilty in federal court to enticing Bergen minor to travel out of state to engage in sex

By Billie Owens

File photo and press release:

U.S. Attorney James P. Kennedy Jr. announced Wednesday (Dec. 4) that Guillermo Torres-Acevedo, 23, of Batavia, pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor to travel to engage in criminal sexual activity.

The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on Nov. 25, 2018, the defendant, then a 22-year-old man, had sexual relations with a 14-year-old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

The plea is the result of an investigation by: the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for Feb. 13 before Judge Geraci.

 Editor's Note: Torres-Acevedo also faces charges in Genesee County Court and a plea deal is expected in the case, which is on the court calendar for 11:30 a.m. tomorrow (Dec. 6). Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

Law and Order: Two Batavia men arrested after domestic incidents

By Billie Owens

Robert D. Griffin, 41, of State Street, Batavia, is charged with: two counts of first-degree criminal contempt; second-degree burglary; and endangering the welfare of a child less that 17 years old. Griffin was arrested and arraigned Tuesday morning (Dec. 3) after an arrest warrant was issued for him by Batavia City Court. It stems from a domestic incident reported at 7:54 p.m. on Nov. 11 on Manhattan Avenue in Batavia. He was jailed without bail and was due back in court this afternoon (Dec. 5). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Shane H. Zimblis, 48, of South Swan Street, Batavia, is charged with first-degree criminal contempt, fourth-degree criminal mischief, and second-degree unlawful imprisonment. At 11:43 p.m. on Dec. 2, Batavia police responded to a South Swan Street residence for a possible physical domestic incident. Zimblis was arrested on the charges after allegedly violating an order of protection during a physical altercation. He was arraigned in Batavia City Court and jailed without bail. He was due back in court this afternoon (Dec. 5). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Christopher P. Thomas, 35, of State Street, Batavia, was arrested on a bench warrant on Tuesday (Dec. 3) after failing to appear in Batavia City Court on Nov. 22 for an unspecified matter. He was arraigned in Batavia City Court at 1:40 p.m. and released. The case was handled by Batavia Police Officer Stephen Quider.

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