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Batavia PD makes second arrest in early January business burglaries

By Billie Owens

The Batavia Police Department has arrested a 17-year-old in connection with the burglaries which occurred over the weekend of Jan. 4th.

The 17-year-old was arrested on Feb. 13 on a Grand Jury indictment warrant for four counts of third-degree burglary, a Class D felony.

The suspect was put in Genesee County Jail on $15,000 bail pending a bail review.

During the weekend of Jan. 4th– 7th, the Batavia Police Department investigated nine burglaries, which includes attempted burglaries, to local businesses. The areas where the burglaries took place are Ellicott Street and Jackson Street, Harvester Avenue, Swan Street, Center Street, Apollo Drive and Liberty Street.

The suspects broke windows or kicked in doors to gain entry at most of the businesses. Items were taken at some of the businesses but not all. The suspects stole a white 1998 Dodge RAM 2500 diesel pickup truck from one of the businesses, but it has since been recovered.

Evidence was located at the scenes which appeared to indicate the burglaries were committed by the same suspects. Parolee Christopher T. Sprague had been previously arrested in connection with the burglaries.

No additional arrests are expected at this time.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

Sheriff's Office Warrants, active as of Feb. 15, 2019

By Howard B. Owens

Harmony J. Alexander, 22, black female, 5’2” 120 lbs., Brown/Black hair, brown eyes. Last known address, Lark Street, Rochester.

Arrest warrant for alleged grand larceny 4th (felony) PL 155.30-1 and conspiracy 5th PL 105.05-1 (misdemeanor) Batavia Town Court. Date of warrant: 1/25/19.

Duty E. Caswell, 27, white male, 6’3” 160 lbs., blond hair, blue eyes. Last known address, Cary Avenue, Oakfield.

Bench warrant for alleged aggravated DWI/DWI VTL 1192-2aa/1192-3 (misdemeanor) Oakfield Town Court. Date of warrant: 12/5/17

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Oakfield Town Court. Date of warrant:  1/26/18

Bench warrant for alleged violation of probation (misdemeanor) Pembroke Town Court. Date of warrant: 12/14/17

Erica M. Raphael, 34, white female, 5’3” 115 lbs., brown hair, blue eyes. Last known address, Pratt Road, Batavia.

Bench warrant for alleged petit larceny PL 155.25 (misdemeanor) Batavia Town Court. Date of warrant: 9/24/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Batavia Town Court. Date of warrant: 10/29/18

 

Benjamin J. Skubis, 24, white male, 5’11” 140 lbs., brown hair, brown eyes. Last known address, Colby Road, Darien.

Bench warrant for alleged DWI VTL 1192-2/1192-3 (misdemeanor) Alabama Town Court. Date of warrant:  6/13/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Alabama Town Court. Date of warrant: 2/5/19

 

Lorrie J. Shanley, 48, white female, 5’6” 230 lbs., blond hair, brown eyes. Last known address: Chili Avenue, Churchville.

Bench warrant for alleged aggravated unlicensed operation 2nd VTL 511-2a4 (misdemeanor) Stafford Town Court. Date of warrant: 1/10/19

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Stafford Town Court. Date of warrant: 1/29/19

Tanisha L. Mack, 39, black female, 5’3” 110 lbs., brown hair, brown eyes. Last known address: Eastman Avenue, Rochester.

Bench warrant for alleged aggravated unlicensed operation 3rd VTL 511-1a (misdemeanor) Pembroke Town Court. Date of warrant: 5/11/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Pembroke Town Court. Date of warrant: 6/13/18

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Law and Order: Two Rochester men suspected of selling crack cocaine

By Billie Owens
Trevon R. Slaughter    Edwin S. Coleman

Trevon R. Slaughter, 20, of Affinity Lane, Rochester, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. Slaughter was arrested on Saturday evening, Feb. 9, after a six-month investigation into the possession, transportation and sale of crack cocaine in and around the City of Batavia. It is alleged that Slaughter sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. He was arraigned in Genesee County Court and put in Genesee County Jail with bail set at $25,000 cash or $50,000 bond. The task force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. The task force members were assisted by the GC District Attorney's Office.

Edwin S. Coleman, 52, of Wilson Street, Rochester, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. Coleman was arrested on Tuesday afternoon, Feb. 12, after a six-month investigation into the possession, transportation and sale of crack cocaine in and around Genesee County. It is alleged that Coleman sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. He was arraigned in Genesee County Court and released under the supervision of Genesee Justice. The task force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. The task force members were assisted by the GC District Attorney's Office.

Nicholas Edmond Kabalan, 21, of Batavia Bethany Townline Road, Bethany, is charged with: driving while intoxicated; operating a motor vehicle with a BAC of .08 percent or more; unlawful possession of marijuana; speed not reasonable and prudent; and drinking and possessing an open container of alcohol in a motor vehicle. On Feb. 13 at 11:05 p.m. Sheriff's deputies responded to a property damage accident on Route 98 in the Town of Elba and Kabalan was subsequently arrested on these charges. He was issued appearance tickets and is due in Elba Town Court on March 20. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Joshua Brabon.

Presidential Acres residents appealing court's decision throwing out complaint over use of driveway on Fillmore Street

By Howard B. Owens

An attorney for residents of Presidential Acres in Le Roy said today following a hearing in Genesee County Supreme Court that her clients are proceeding with an appeal of a ruling against their attempt to overturn a Town of Darien judge's dismissal of their effort to enforce a Zoning Board of Appeals decision.

The residents, with Steve Barbeau as lead plaintiff, believe that Pete McQuillen should use a driveway on Robbins Road, and not on Fillmore Street, to access an auxiliary structure and residence on his property at 9313 Robbins Road, Le Roy.

They believe a ZBA decision requires McQuillen and any visitors to his property to use the Robbins Road driveway.

In January, Justice Emilio Colaiacovo dismissed an Article 78 motion by Barbeau and co-petitioners to overturn a decision by Darien Town Justice Michelle Krzemien dismissing a criminal complaint against McQuillen that was based on the ZBA decision for allegedly violating Village of Le Roy code.

In that ruling, Colaiacovo used harsh language to criticize the actions of the petitioners and also said Krzemien was within her authority to dismiss the criminal charges "in the interest of justice." 

He ordered a hearing, scheduled for this morning, on repayment of attorneys fees for the Town of Darien stemming from the Article 78 petition challenging her decision and right to make the decision.

At the hearing this morning, attorney David M. DiMatteo, representing the Town of Darien, said the town and judge were waiving a claim on reimbursement of attorney fees.

After court, DiMatteo explained that the fees expended so far were covered by insurance but if the town were involved in the ongoing appeal, the town could incur expenses that would not be covered by insurance. 

"It's not really our fight," he said.

Amy Kendall, representing Barbeau and the other plaintiffs, confirmed for Colaiacovo that the petitioners' appeal excludes Krzemien and lets stand his ruling that Krzemien acted within her authority as a town justice.

After court Kendall said the appeal is an attempt to enforce the ZBA decision and is focused on those topics of the Article 78 proceeding.

Pete McQuillen and Judith McQuillen were in court this morning as observers.

Previously: Latest court ruling doesn't look like end of long-running neighborhood dispute in Le Roy

Elba's chance for undefeated regular season stopped by rival Notre Dame

By Howard B. Owens

Longtime rival Notre Dame stopped Elba's effort to finish the regular season undefeated Tuesday night, beating the Lancers on their home court, 59-47.

Elba is now 18-1 and the Lady Irish are 18-2. Both teams have 13 league wins and so finish the regular season tied atop the Genesee Region.

Entering Class D2 sectional play, Elba should be the #1 seed as it shoots for its third consecutive sectional title.

Notre Dame is ranked #6 in Class B1. Batavia High School is ranked #1 entering into sectionals.

For the Irish, Callie McCulley scored 23 points and had 13 rebounds. Stevie Wilcox scored 12 points and had seven rebounds. Morgan Rhodes scored 10 points and Amelia McCulley scored eight.

UPDATE: Stats for Elba: Taylor Augello, 19 points and eight rebounds. Maddie Muelhig, 13 points, and Leah Bezon, seven points and seven rebounds.

Ricky Palermo receiving prestigious award from Rochester Press-Radio Club

By Howard B. Owens

Press release:

Ricky Palermo’s tireless efforts to raise money for spinal cord research will be recognized when he receives the prestigious Major Donald Holleder Award at the 70th annual Rochester Press-Radio Club Day of Champions Children’s Charities Dinner, Wednesday, April 3, at the Joseph A. Floreano Rochester Riverside Convention Center.

The award is named after Holleder, a former Aquinas Institute and U.S. Military Academy football star who was killed in a Vietnam War battle while attempting to rescue several wounded members of his battalion. It is presented annually to an individual who exhibits the character, courage and achievement displayed by Holleder.

Palermo, a former three-sport most valuable player at Byron-Bergen High School, was paralyzed in an automobile accident in 1981. Since 1997, he and his foundation have held an annual golf tournament and auction that has raised more than $1.4 million. The funds have been contributed to The Miami Project, a pioneering spinal injury research organization, as well as to local organizations, such the Batavia YMCA bike program for people with neurological challenges.

Palermo will be honored at the dinner, which features 2018 NFL MVP Patrick Mahomes of the Kansas City Chiefs as the Coca-Cola Sports Personality of the Year and other award winners.

Tickets for the dinner are $135, with a table of 10 available for a discounted price of $1,250.  To reserve tickets or packages, call 585-340-1460. Credit cards or money orders are accepted as payment. 

The club gratefully acknowledges its corporate sponsors: Coca-Cola of Northern New England, ConServe, the Democrat and Chronicle, ESL Federal Credit Union, the Rochester Red Wings, and the Rochester NY Sports Commission.  

Photo: File photoRicky Palermo with his cousin John Curtiss.

State DOT declines to address road conditions at site of double fatal accident in Elba

By Howard B. Owens

In response to a request for information on the lack of a snow fence and plow times on Route 98 the day of a double fatal accident in Elba, the state Department of Transportation issued a statement today that didn't address either issue.

A spokesman did not respond, after several hours, to The Batavian's request for information on those specific issues.

Here's the DOT's official statement about the crash Feb. 2 that took the lives of mother and son, Teresa M. Norton, 53, and Thomas M. Norton, 22, both of Albion:

This was a tragic incident. DOT’s primary focus is highway safety, which includes snow and ice preparation and response. We maintain thousands of miles on highways statewide and follow snow and ice guidelines to address severe winter weather in Upstate New York. DOT’s maintenance crews were working diligently throughout that weekend in Genesee County, engaged in snow and ice operations on state highways.

The accident occurred within days of significant snowfall when the wind was blowing at about 30 mph through the county. There were significant snow drives across patches of Route 98 that afternoon, including one where Teresa Norton's 2008 Suzuki slide sideways through heavy snow and was hit broadside by a pickup truck.  

Both mother and son were pronounced dead at the scene.

Law and Order: Batavia sex offender accused of failure to register address change, falsifying document in jail

By Billie Owens

Scott J. Hinze, 52, a registered sex offender who lives on West Main Street Road, Batavia, is charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. On Feb. 11 at about 11:20 p.m. Hinze was arrested after an investigation. He allegedly failed to register his address change as a sex offender within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. Hinze also allegedly falsified a sex offender address change document at the Genesee County Jail in the City of Batavia. He was issued an appearance ticket for Town of Batavia Court and is due there March 4. On the charge of falsifying a business record document at the jail, he was issued an appearance ticket for March 5 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Erik B. Andre.

Aaron L. Heale, 37, of 25 N. Lake Ave., Bergen, was arrested on Feb. 11 by the Le Roy Police Department and charged with one count of criminal possession of a hypodermic instrument, a Class A misdemeanor. The charge comes after a complaint on Feb. 5 from a local car wash that Heale was allegedly slumped over at the wheel of his car in the wash bay. When the Le Roy police found Heale, who is on parole, he was allegedly slumped over at the wheel and awoken by the officers. During the investigation it was alleged that Heale unlawfully possessed the hypodermic syringe inside the vehicle. Heale, who is currently in Genesee County Jail on an alleged parole violation, was issued an appearance ticket and is due in Le Roy Town Court on March 14.

Jeffery J. Williams, 25, of 25 Ravine Ave., Rochester, was arrested on Feb. 10 by the Le Roy Police Department and charged with two counts of petit larceny and three counts of attempted petit larceny. The charges are based from an investigation which started on Nov. 11 when it was reported that numerous vehicles in the Bacon/Pleasant Street area were entered and items allegedly stolen. During the investigation, it was determined that Williams was visiting a person in Le Roy when he allegedly entered at least five different vehicles during the early morning hours, stealing items from two of the vehicles and ransacking three others looking for items to steal. Williams was issued an appearance ticket to be in Le Roy Town Court on March 5.

Eighteen speak out as City Council ponders whether to send letter opposing abortion legislation

By Mike Pettinella
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Writing 15,000 letters and sending them to Albany -- instead of one from a local legislative body such as the Batavia City Council -- would be the most effective way for pro-life advocates to let Gov. Andrew Cuomo and state legislators know exactly how they feel about the recently passed New York’s Reproductive Health Act.

That is the opinion shared by Council President Eugene Jankowski following Monday night’s emotional 90-minute public comment portion of the board’s Business Meeting at City Hall.

About 150 people, many of them connected to the Right to Life movement, packed Council chambers, with about half of them having to stand while 18 speakers took their turns at the podium.

Fourteen of them spoke in favor of City Council drafting a letter in opposition of the RHA – with some calling for Batavia to designate the community as a “sanctuary city for the unborn” -- and forwarding it to Gov. Cuomo.

The passing of the law last month, which includes provisions that permit abortions after 24 weeks if the fetus is not viable or the health of the mother is at risk, became a hot topic in the city after Batavian Chris Connelly, a self-described “man made in the image of God,” spoke out against it at the Jan. 28 Council meeting.

His strong comments prompted City Council to consider having City Manager Martin Moore draft a letter in opposition of the law and placing it on a future meeting’s agenda. News of that decision compelled many residents on both sides to write or call their council representative, and ultimately led Jankowski to seek more public input before deciding how to proceed.

And, if he was looking for more feedback, he surely wasn’t disappointed as the speakers shared a range of viewpoints in an effort to persuade the nine council members.

Lifelong Batavian Kathy Stefani, a Right to Life organizer, said that abortion has become legal “right up to the moment of birth in this country” but that it’s a federal crime to destroy an egg of a bald eagle.

Noting that the word “fetus” is Latin for “little one,” Stefani said “we are here tonight for the little ones.”

“It’s okay to give a lethal injection to a living infant but definitely not to a hardened convicted criminal,” she said. “We’re not asking for a raid on the state capital or a march down Main Street, just a letter stating right from wrong. Write a letter and make Batavia a sanctuary city …”

Jon Speed, a church pastor from Syracuse, was more graphic in his address, asking “Which is the best way to kill a baby -- a pill, saline solution, surgically in the second trimester or scissors into the neck in the third trimester. There is no good way to kill a baby.”

He spoke out against Planned Parenthood – leading to a bit of shouting in opposition to that – and urged Council to make Batavia a sanctuary city of the unborn.

“We are called to love our neighbors … born and unborn … If not, and then appointed for the slaughter, the blood will be on your hands.”

Connelly took another turn at the microphone and ramped up his comments.

“God said before I formed you in the womb, I knew you,” Connelly said. “(By taking) these positions, the blood runs in our streets. What about the children who are butchered, who are sold as commodities?”

Calling abortion “disgusting, reprehensible and unthinkable,” Connelly said that “even debating this is a signal that we need repentance before a holy and just God.”

Another speaker, Dan Devlin of Buffalo, president of an organization known as New York Oath Keepers, said he sees abortion as a constitutional issue and quoted the preamble to the Constitution of the United States to support his view.

There are two groups, not one, that this nation was established for,” he said. “We the People … to secure the Blessings of Liberty to ourselves and our Posterity. Who is your posterity … It is all of our descendants until the end of time. The succeeding generations, and the unborn descendants in the womb are clearly our posterity.”

And Alex Feig of Medina asked Council to follow its own vision statement, reading several points from the city’s website, including “our children, at all ages, will have choices to grow, learn, live, play and work in our community,” and “our city will serve as a model for other small cities in its approach to an overall positive quality of life for all its community members.”

He called for Council to not only write a letter in opposition to the RHA but also to pass an “emergency ordinance” to prohibit abortion in the city.

On the other side of the debate, Nikki Calhoun of Le Roy spoke of the centuries of those seeking to control women, causing them to suffer at the hands of government and their husbands, and preventing them from voting and seeking higher education.

She defended the local Planned Parenthood’s various services, including counseling for those with little or no insurance.

“Where are these girls supposed to turn to when they need to talk?” she said.

She added that she respected everyone’s opinion and held a belief in a higher being, but also respects women who can decide for themselves.

“We’re not someone’s property,” she said. “I implore you to mind the business of the city and not our bodies.”

Erica O’Donnell of Batavia said she approached the city in August of 2017 about taking a stand about Confederate flags being flown in the city after a neo-Nazi rally turned into a deadly tragedy in Charlottesville, Va., but was told that Council refrained from issues other than city business.

“With this (RHA) bill, three branches of state government passed it,” she said. “The city decided against (taking a stand) then, and I hope that going forward you take the same approach.”

Amber Hainey of Mount Morris said a woman’s right to choose has been a law since 1973 (Roe v. Wade) and “we’re done having this conversation. Women have a right to their bodies and their reproductive health.”

Her comments were echoed by Batavian Rachel Curtin, who stated that her reproductive rights are her own, and for Council “to focus on city matters.”

At the end of the public comments – after Oakfield resident Brian Thompson’s call for Council to take advantage of the opportunity to make a “historic” decision for life and for more people to adopt children and after Batavian Frank Klimjack encouraged everyone “to write that letter, send that email and make that phone call” – it was the council members’ turn to respond.

Council Member Rose Mary Christian said she disagreed with those who said it wasn’t part of Council’s duties and said that she was in favor of sending a letter to Gov. Cuomo.

“This is a state issue because he decided to bring this forth and we do have a right,” Christian said, noting that she received 35 emails – 30 of them from people in favor of sending the letter.

She went on to say that abortion, especially in the third trimester, is “barbaric and murder.”

“With (building) a wall, they call it immoral. What the hell? Don’t they call it immoral to kill a baby?”

Council Member Robert Bialkowski said he doubted if a letter from City Council would have any impact in Albany.

“We have a governor now … writing laws … and they don’t care about this part of the world,” he said, condemning laws that promote gambling, legalization of marijuana and pay raises for prisoners.

“The majority of the people elected him … and in Erie County he’s very strong there. I encourage people next time you go to vote, think of it.”

Jankowski said personally he has “no qualms about sending this letter, but it’s not about me.”

“We represent all people in the City of Batavia and I owe my obligation to help people on both sides of this argument … as City Council we can’t fairly represent one side or another.”

He then said he would like Council to “back out of this as a body” and suggested everyone to contact their state representatives.

“I’m going to do my own (letter). I think 15,000 would raise my eyes more than one letter representing 15,000. Fifteen thousand letters dumped on his doorstep … he’d have to take note of that.”

Undeterred, Christian asked City Attorney George Van Nest about the legality of sending a letter.

Van Nest said it cases such as this, a consensus of the board would determine what action to take.

“I’d like to do it,” she said. “Would anyone else like to do it with me so we can send a letter as a body?”

Council Member John Canale weighed in, stating that he was torn over what to do after getting more feedback from constituents over this issue than any other in his eight years of service.

“I consider myself a Christian and try to live my life under Christian values, but my problem is this … I was elected by not just Republicans and not just Christians,” he said. “I now have to make a decision … I say to all of you, put yourselves in my seat; I’m very undecided.”

Canale requested that the issue be tabled to allow time for “soul-searching and to talk to our families.”

Bialkowski suggested the drafting of a resolution to be brought to the next Conference meeting on Feb. 25 and Council Member Kathleen Briggs tried to call for a vote, but that didn’t fly. In the end, Jankowski said if a council member wanted to draft a letter, it would go to the Conference meeting and they would vote on it.

“I’ll do it,” Christian said.

And, judging by her supporters’ passionate appeals, she’ll probably have many people offering to help her write it.

WANTED: Active warrants as of Feb. 11, 2019 for the Batavia Police Department

By Billie Owens

From the City of Batavia Police Department:

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereaboute of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

Ahdeosun "Nunu" Aiken, 20

Charges(s): Second-degree criminal contempt.

Notes: Wanted for allegedly violating an order of protection. Additional pending charge of third-degree bail jumping.

Nicole Casey, 25

Charge(s): Petit larceny

Notes: Wanted for allegedly shoplifting.

Heyward Clark Jr., 54

Charge(s): Multiple counts of third-degree burglary.

Notes: Wanted for allegedly forcefully breaking into several properties and stealing property.

Aisha Culver, 20

Charge(s): Aggravated unlicensed operator
of a motor vehicle
in the third degree; operating with suspended registration; operating without inspection "and additional."

Carey Culverhouse, 59

Charge(s): First-degree assault

Notes: Wanted for allegedly stabbing another person.

Allen Jerome Davis, 37

Charge(s): Sex offender registry

Notes: Wanted for allegedly moving out of his registered address without notice and without providing a new address.

Vigil held in Elba for Teresa Norton and Thomas Norton, who died in collision on Route 98

By Howard B. Owens

Friends and family surrounded Kimberly Albanese and David Robb on Sunday evening in Elba with love and support as they mourned and remembered their mother, Teresa M. Norton, and brother, Thomas M. Norton, at the spot on Route 98 where they were killed eight days earlier.

Teresa, 53, and Thomas, 22, both of Albion, were northbound on Oak Orchard Road when the 2008 Suzuki SUV Teresa was driving hit a deep patch of snow that had blown across the roadway. The Suzuki slid sideways and was struck by a southbound pickup truck.

Both mother and son died at the scene of the accident.

"She was a great mom," Albanese said. "She tried her best. She was my best friend. I miss her so much. Every day I want to call her just to ask her if everything is great. I don't know how I'm going to raise my 2-year-old and my baby. I have a baby due in two months.

"That's when you need your mom the most. My kids are never going to know her. And my brother was only 22. His birthday is in two weeks and he just, he got cheated out of life so much. But what are you going to do? You just go day by day."

A GoFundMe online fundraiser also has been established to assist the family, which has not only suffered the loss of Teresa and Thomas but they are also dealing with the health issues faced by Roger Norton, Teresa's husband. He has been in intensive care at Strong Memorial Hospital since several weeks prior to the accident.

Gas prices drop 6 cents in Batavia for biggest change in region

By Howard B. Owens

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $2.28, up 2 cents from last week. One year ago, the price was $2.58. The New York State average is $2.47 – down 2 cents from last week. A year ago, the NYS average was $2.76. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.47 (down 6 cents since last week)
  • Buffalo -- $2.51 (down 2 cents since last week)
  • Ithaca -- $2.34 (down 3 cents since last week)
  • Rochester -- $2.42 (down 2 cents since last week)
  • Rome -- $2.45 (down 2 cents since last week)
  • Syracuse -- $2.36 (down 2 cents since last week)
  • Watertown -- $2.43 (down 3 cents since last week)

National pump prices have inched up this week due to rising crude oil prices. The price gains have coincided with total gasoline stocks growing by approximately 500,000 barrels to 257.9 million barrels last week, according to the Energy Information Administration (EIA). However, as a result of last week's frigid winter weather across the country, demand for gasoline fell sharply, after motorists stockpiled pre-storm, by approximately 500,000 barrels per day, according to EIA. 

Video: Visiting Coffee Karma on Center Street

By Howard B. Owens

 

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When Heather Rosendale-Casper started planning Coffee Karma at 12 Center St., Batavia, she knew she wanted a place that would feel warm and welcoming to the community, a real community space, she said during our visit to her new coffee shop today.

"It's really meant to reach out to the community and say, 'hey, let's have this free space were we can exchange conversation, do fun things, start connecting with people once again,' " Rosendale-Casper said.

She's hung local art on the walls, installed a natural-wood coffee bar, uses organic coffee from a local distributor, and even hosts yoga sessions.

Opening Coffee Karma is the culmination of a 20-year-long ambition for Rosendale-Casper.

"Going back to high school and college (coffee shops) is where I fundamentally found myself through philosophy, great conversations, meeting people, networking in an environment that was open and free and I also happen to really love coffee," she said.

Users of The Batavian app, click here to view the video on thebatavian.com.

Bonarigo kicks off City Court campaign, promises to be impartial, fair judge

By Howard B. Owens

 

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Contested elections for judicial seats are rare but voters in the City of Batavia are faced with one in 2019.

Durin Rogers and Ben Bonarigo are vying for the full-time City Court judge position, which becomes open next year because of the mandatory retirement of Judge Robert Balbick.

Saturday morning, Bonarigo officially kicked off his campaign in front of about 200 supporters at City Church's Generation Center on Center Street downtown.

"I think that I've got the experience," Bonarigo said when asked about his qualifications. "Thirty-six years practicing law in the trenches, representing people every day with various civil and criminal cases. I know the rules of evidence.

"I know how to behave in a courtroom, and I know how a judge should act. I've got the right temperament, the ability to listen, the ability to hear everybody who comes before you, to be impartial and fair."

If elected, Bonarigo promised that everybody who came before his bench would be treated fairly.

To get elected, he will have to beat Rogers, who is already a part-time City Court judge and has the City Republicans' endorsement.

But that endorsement doesn't guarantee Rogers the R-line in November.

Bonarigo and his campaign team, led by Nikki Calhoun, are planning a petition drive to force a Republican primary in June. The winner of that June 25th election will win the R-line in the November election.

If Bonarigo were to lose the primary, he could still face off against Rogers in November on the Democratic line.

Big year for local tourism in 2018

By Howard B. Owens

Spring sports, golf, and bus tours, filled mostly with visitors from China seeing the sights in NYC and Niagara Falls, continue to drive tourism dollars to Genesee County, members of the County's Ways and Means Committee were told Wednesday.

Tom Turnbull, president of the Chamber of Commerce, and Kelly Rapone, tourism marketing director, provided the committee with an annual review of tourism activity.

For 2018, bed tax revenue was up 10 percent. It was up 15 percent in the second quarter, which is the quarter that sports teams from throughout the region travel here for softball and soccer tournaments. 

Hotel rooms during that period, especially on weekends, tend to be sold out.

The bed tax was revenue was $498,000 in 2018. 

Total related revenue flowing into the county was about $176 million.

The tourism department also sold out of its annual local golf packages. The packages brought in 600 golfers to the county over the course of the season.

Niagara Falls continues to be an attractive destination for Chinese tourists and their tourist buses during the summer have become a frequent sight in Batavia. The tour companies have figured out that Batavia is both close to Niagara Falls and hotel rooms are less expensive than those in Niagara County, Rapone said.

Tourism representatives attended 39 trade and consumer shows last year where they promote Genesee County as a tourism destination, including an annual golf show in Toronto, Canada, which is proven fruitful in promoting golf packages.

There are also more interest groups coming to Genesee County, Rapone said, such as a writers' group in 2018, and more car clubs.

Car clubs are an interesting niche the county might be able to attract, Rapone said, because of the restoration project locally of the Thomas Rocket Car. She is working on arranging tours at Dick McClurg's shop on West Main Street.

Sheriff's Office warrants, active as of Feb. 8, 2019

By Howard B. Owens

Tonya L. Buzzell, AKA Tonya L. Bennett. 36, white female, 5’ 5” 150 lbs., brown hair, brown eyes. Last known address Liberty Street, Batavia, NY

Four Active Warrants:

Bench Warrant for alleged False Personation PL 190.23 Batavia City Court. Warrant issued 3/23/18

Arrest Warrant for alleged Violation of Family Court Act Genesee County Family Court. Warrant issued  3/29/18

Bench Warrant for alleged Criminal Possession of a Controlled Substance 7th Batavia City Court. Warrant issued  5/9/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia City Court. Warrant issued 6/14/18

Steven D. Fronczak, 61, white male, 5’7” 190 lbs., blond hair green eyes. Last known address Oatka Road, Perry, NY

Two Active Warrants:

Bench Warrant for alleged Aggravated Felony DWI  VTL 1192-2aa Genesee County Court. Warrant issued 10/29/18

Arrest Warrant for alleged Felony Bail Jumping 2nd   PL 215.56  Batavia City Court. Warrant issued 1/23/19

Ralph A. Burdick, 43, white male, 6’ 1” 185 lbs., brown hair, blue eyes. Last known address Clinton Street Road, Bergen, NY

Two Active Warrants:

Bench Warrant for alleged Petit Larceny PL 155.25  Batavia Town Court. Warrant issued 10/9/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia Town Court. Warrant issued 11/19/18

Michael S. Ryan, 59, 5’ 10” 218 lbs., white male, blond hair, brown eyes. Last known address Bank Street, Batavia, NY

Warrants: 

Bench Warrant for alleged Criminal Possession of Stolen Property 4th  PL 165.45-2  Felony Genesee County Cour. Warrant issued 2/27/18.

Jeanine D. Fuller, 32, white female, 5’7” 160 lbs., blond hair, brown eyes. Last known address Bank Street, Rochester, NY

Four active warrants:

Bench Warrant for alleged Petit Larceny PL 155.25 and Conspiracy 6th PL 105.00  Batavia Town Court. Warrant issued 9/18/18

Arrest Warrant for alleged Conspiracy 6th PL 105.00 Batavia Town Court. Warrant issued 9/26/18

Arrest Warrant for alleged Conspiracy 5th PL 105.05 Batavia Town Court. Warrant issued 9/28/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia Town Court. Warrant issued 10/13/18

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Law and Order: Two people accused of shoplifting from Tops Market in Batavia

By Billie Owens

Heidi L. Harder, of Montclair Avenue, Batavia, is charged with petit larceny. She was arrested following a shoplifting investigation into an incident at 2:19 a.m. on Feb. 6 at Tops Friendly Market in Batavia. She was issued an appearance ticket to be in Batavia City Court on Feb. 12. The case was handled by Batavia Police Officer Peter Flanagan.

Paul Kittisack, 53, of South Main Street Road, Batavia, is charged with petit larceny. He was arrested at 4:30 p.m. on Feb. 6 after he allegedly shoplifted from Tops Friendly Market on West Main Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Feb. 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

Batavia Downs announces variety-packed concert series for 2019

By Howard B. Owens

Press release:

Batavia Downs Gaming & Hotel has announced the lineup for their third annual Rockin’ the Downs concert series, which take place outside on the racetrack, with eight consecutive Friday dates, starting in June and running into August.

Kicking off the series on Friday, June 21st is Grammy Award-winning rock band Survivor. Best known for the double-platinum-certified song "Eye of the Tiger," Survivor’s massive hits also include "Burning Heart," "The Search Is Over," "High On You," "Is This Love," and "I Can’t Hold Back." This Academy Award-nominated band has had 18 singles on the Billboard Hot 100 during their storied career.

Next up, on Friday, June 28th is classic rock band Queensrÿche. With more than 30 million albums sold worldwide, Queensrÿche continues to tour the globe to sold-out audiences. The band has earned multiple Grammy Award nominations, and won the MTV “Viewer’s Choice” award for the #1 chart-topping hit "Silent Lucidity." Even with 11 gold and platinum plaques and several Top 10 hard rock anthems under their belt, Queensrÿche consistently delivers high-octane live shows combining the hungry fire of a new band with the tempered experience of master showmen.

On Friday, July 5th Canadian rock icon Kim Mitchell takes the stage in Batavia. A gifted and peer-respected guitar player as well as an acclaimed songwriter, Mitchell has recorded many hits, including "Go For Soda," "Rock 'N 'Roll Duty," "Patio Lanterns," "I am a Wild Party," "Easy To Tame," and "All We Are," to name just a few. Mitchell has achieved gold and multiplatinum sales status over a long and storied career that focused on “alternative” and "independent” long before the words became clichés.

Rocking the stage on Friday, July 12th is singer Steve Augeri. Best known as the lead vocalist for the rock group Journey from 1998-2006, Augeri headlined an eight-year tenure that included three albums, and brought one of the world’s most accomplished melodic rock groups back to the stage for multiple world tours to millions of adoring fans. Augeri promises to bring his high-energy mix of new music as well as material from his career to the Downs.

Gin Blossoms performs on Friday, July 19th. Hailing from Tempe, Ariz., the band hit the big time with their first major label album, "New Miserable Experience," which went quadruple platinum, and gave us the hit single "Hey Jealousy." Other hits from the Grammy-nominated band include "Follow You Down," "Mrs. Rita," "Found Out About You," "Pieces Of The Night," and "‘Til I Hear It From You." Gin Blossoms remain a rare breed, continuing to create, craft and perform their glorious catalog of material.

Friday, July 26th sees Kenny Wayne Shepherd at the Downs. Synonymous with the phrase “young blues rock guitarist," Shepherd has established himself as an immensely popular recording artist, a consistently in-demand live act, and an influential force in the worldwide resurgence of interest in the blues. The Louisiana-born axeman and songsmith has sold millions of albums, shining a light on the rich blues of the past while forging ahead with his own twist on a classic sound he has embodied since his teens.

Country music royalty Tanya Tucker will rock the Downs on Friday, Aug. 2nd. Named one of CMT’s 40 Greatest Women of Country Music, this Academy of Country Music Award-winning and Grammy-nominated singer’s number-one hits include "Delta Dawn," "Blood Red and Goin’ Down," "Would You Lay With Me (In a Field of Stone)," "Lizzie and the Rainman," "San Antonio Stroll," "Here’s Some Love," and "Strong Enough to Bend."

Closing out the series on Friday, Aug. 9th is Theory of a Deadman. Hailing from Delta, British Columbia, Canada, Theory, as they are known, has turned their hard rock/alternative sound into eight top 10 hits on the U.S. Billboard Hot Mainstream Rock Tracks, including three number-one tracks in "Bad Girlfriend," "Lowlife" and "Rx (Medicate)."

Tickets for all eight concerts will be available at www.BataviaConcerts.com beginning at 10 a.m. on Friday, Feb. 8th.

Individual presale tickets to each concert will remain at $10 for General Admission, while VIP tickets will again be $25. For the first time, concertgoers will be able to purchase tickets in the Premium Section directly in front of the stage. Premium tickets are $50 and will be very limited for each concert. General Admission tickets are $15 if purchased on the day of the concert. Tickets can also be purchased at Batavia Downs Gaming & Hotel at the Lucky Treasures Gift Shop located in the lobby.

Concertgoers will once again have the option of purchasing a “Season Pass,” which includes admission to all eight concerts at a discounted rate. The Season Pass for 2019 is $60 for General Admission and $150 for VIP.

“We are very excited to once again host the region’s premier concert series, which includes another great lineup of musical icons,” said Henry Wojtaszek, CEO/president of Batavia Downs Gaming.

“We hope the community will continue to enjoy what has been an entertaining and affordable event each year. It’s great to see the community come together for a series that everyone can be a part of.”

Hotel room/ticket packages will be available for each concert. Purchase of a hotel room on the night of a concert using the code includes two VIP tickets to the show while supplies last. Each concert ticket is also redeemable once at Player’s Club in the three days following the concert for $10 Free Play to be used on one of Batavia Downs Gaming’s 800+ gaming machines.

Concerts are held Rain or Shine. Additional information may be found at www.BataviaDownsGaming.com.

Photo by Howard Owens.

Law and Order: Albion man accused of grand larceny on Hartwell Road, Pavilion

By Billie Owens

Edward Ryan Loper, 30, of West Bank Street, Albion, is charged with fourth-degree grand larceny and misapplication of property. Loper was arrested on Feb. 5 and arraigned at 3:41 p.m. in Pavilion Town Court. His arrest follows an investigation by the Genesee County Sheriff's Office into an incident that took place on Hartwell Road in Pavilion on Sept. 23. Loper allegedly stole property from an individual with a value in excess of $1,000. Loper also is accused of misapplication of property that belonged to the same individual. He was brought in from Orleans County Jail, where he was incarcerated on an unrelated charge, for the arraignment. Loper was subsequently put back in Orleans County Jail and bail was set for Genesee County Jail for $5,000 cash or $10,000 bond. He is to reappear in Town of Pavilion Court on March 5. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Deputy Kevin Forsyth.

James Albert Chase, 39, of Oak Street, Batavia, is registered Level 3 sex offender who is on parole. He is charged with failure to report a change within 10 days -- with a previous conviction for the same offense. Under NYS Penal Law COR 168-F subdivision 4: An offender has 10 calender days to register "...any change of address, Internet accounts with Internet access providers belonging to such offender, Internet identifiers that such offender uses, or his or her status of enrollment, attendance, employment or residence at any institution of higher education." Chase was being held on a parole violation in Genesee County Jail at the time of his arrest on Feb. 4. He was arraigned then jailed without bail. He is due in Batavia City Court tomorrow (Feb. 7). The case was handled by Batavia Police Det. Eric Hill.

Bryan Michael Beach, 35, of Dolbeer Street, Perry, is charged with first-degree criminal contempt, second-degree harassment and aggravated unlicensed operation in the second degree. He was arrested on Feb. 5 for allegedly shoving a person at 5:20 p.m. on Feb. 3 on Lewiston Road in Batavia, in violation of an active order of protection. The case was handled by Genesee County Sheriff's Deputy James Stack.

Hayley N. Giles, 21, of Hutchins Street, Batavia, is charged with second-degree harassment. Giles was arrested at 12:58 p.,m. on Feb. 3 following an investigation of a domestic incident involving siblings. Giles are released on an appearance ticket. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Ivison.

Jonathan A. Bell, 34, of Evans Street, Batavia, is charged with: driving while intoxicated -- common law; failure to stop at stop sign; refusal to take a breath test; unlicensed operation; and aggravated unlicensed operation in the third degree. Bell was arrested at 11:12 p.m. Feb. 4 on Washington Avenue in Batavia after being involved in a one-vehicle crash. He was processed and released with traffic tickets and is due in Batavia City Court on Feb. 12. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Nicole McGinnis.

Eric K. Ricks, 40, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. He was arrested at 5:30 p.m. on Feb. 1 on Thomas Avenue in Batavia after Batavia police were called to a residence for an altercation. At that time, he was allegedly found to be in possession of marijuana. Ricks was issued an appearance ticket for Batavia City Court Feb. 12. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Chad Richards.

Obituaries available for mother and son killed in collision in Elba on Saturday

By Howard B. Owens

Funeral arrangments are pending for Teresa M. Norton, 53, and Thomas M. Norton, 22, of Albion, who died Saturday afternoon in a traffic collision on a snow-covered section of Route 98 in Elba.

Teresa was born July 29, 1965, in Dansville, a daughter of Paul Dieter, of New Hampshire, and Sandra Demmer, of Batavia. 

According to her obituary, "she loved crafts of all kinds and really enjoyed making beautiful wreaths to give to family members."

To read her full obituary click here.

Thomas was born Feb. 27, 1996, in Olean, a son of Roger and Teresa Norton. 

He was a graduate of Albion High School.  

To read his full obituary, click here.

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