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Michael J. Robinson, 44, of Lockport, is charged with grand larceny 4th and petit larceny.  Robinson is accused of picking up a wallet containing a credit card that was accidentally dropped at Batavia Downs and taking the wallet home and keeping it and making no attempt to return it.  Robinson was issued an appearance ticket.

Eric John Peluso, 45, of Clipnock Road, Bethany, is charged with assault 3rd and endangering the welfare of a child.  Peluso allegedly struck a minor causing substantial pain.  He was arraigned in Bethany Town Court and remanded to the Genesee County Jail.

Jennifer M. Moore, 36, of River Street, Batavia, is charged with criminal possession of a controlled substance 7th. Moore was arrested on Jan. 5 for alleged drug possession at 12:32 p.m., Oct. 22, at a location on Park Road, Batavia.

Jaylinn Marie O'Neil, 31, of Old Telephone Road, Bethany, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, and unlicensed operator. O'Neil was arrested following a traffic stop on Veterans Memorial Drive at 4:34 p.m., Dec. 29 by Deputy Nicholas Chamoun. O'Neil was allegedly found in possession of a narcotic.

 

Stephanie Campbell has felt the pain of addiction in her life and now — as a key employee at the New York State Office of Addiction Services and Supports in Albany – she works to help others overcome the devastating effects of substance use disorder.

So, on Thursday afternoon, as she toured the new detox center on the Genesee/Orleans Council on Alcoholism and Substance Abuse campus on East Main Street and spoke to the 50 or so people attending an open house and ribbon cutting ceremony, Campbell’s appreciation and gratitude came shining through.

Campbell (photo above) introduced herself as the director of OASAS’ Behavioral Health Ombudsman office, a program that connects people to substance use and mental health treatment.

“But, more importantly,” she said. “My name is Stephanie Campbell and I'm a person in sustained recovery. And what that means for me is somewhere in 1989, someone picked me out of the gutter, and gave me the message of hope. And, and I say that because so many people right now are desperate for that hope and that care and that compassion.”

One of four speakers during the open house, Campbell said that “community and connection” – vital aspects of GCASA’s mission to provide comprehensive services at all stages of substance use disorder – are what turned her life around.

“I can tell you that back in 1989, when someone reached into that gutter and picked me up, and gave me that message of hope, and that compassion and treating me like a human being, I was able to go from being homeless street kid to having three master's degrees, being a professor, and being a director and having an extraordinary career,” she said. “And that's not to brag— there's millions of people just like me — who get the care and compassion that they need.”

She then turned to GCASA Executive Director John Bennett, commending his team as having “some of the most heart-warming, heart-feeling” people on it.

“When someone's in pain, and they look in someone's eyes, they know when that care is there,” she said, “and they know when that connection is there, that compassion -- and that makes all the difference.”

Campbell said hundreds of thousands of people are dying from drug overdose.

“I get the calls from the mothers and fathers on the phone desperately begging for help for their loved ones. I get people who can't get access to the medication and who are incapable and don't know where to go,” she said. “I also get the follow up calls from people who say, ‘If you hadn’t helped, I would be dead today.'”

She said it’s “the heroic folks,” such as the people at GCASA, that are making a difference.

“Talk about essential workers, you guys are saving lives,” she said. “And each life that you save is someone who gets to go back into their community, take care of their kids, be a productive member and pay their taxes.”

Bennett Expresses Thanks to OASAS

Bennett (photo at right) shared the circumstances that ignited the project around five years ago, citing statistics showing that Genesee County had one of the highest opioid overdose rates in the state at 37 deaths per 100,000 people.

He said that Rob Kent, lead counsel for OASAS at the time, was instrumental in getting the funding for the two-story, 20-bed facility.

“I went to him and said that rural communities just don’t have the services that we need and we have just as many problems in our rural communities, but we just lack the depth that some of the urban communities have in place,” Bennett said. “We have 3 ½ acres here, and could you help me build services that meet the demand that we have in our community?”

Bennett said GCASA received a grant in 2018, but the pandemic put the project on hold until last year. Previously, the agency constructed a methadone clinic across the parking lot on the campus.

“We’re incredibly indebted and thankful to OASAS,” Bennett said.

Speaking from the experience of seeing the negative effects of alcohol abuse years ago in his family, Bennett said he foresees the detox center as a starting point toward ending generational cycles of substance use disorder.

“There weren’t services like this back then to help families, and then what happens is it just goes on for generations and generations. I just want the community and the staff who are going to be working here to know that everything you do – every person who walks through this front door – you’re going to impact their life.”

Bennett sees the detox center as a “building of hope – a wonderful place for people to start their recovery.”

“It’s going to be a place of hope and, hopefully, a place where people can break the cycle of addiction for themselves and their families as the start the beginning of their recovery,” he said.

He also credited the Orchard Park architectural firm of Fontanese Folts Aubrecht Ernst for designing a building that fits with the campus’ historic theme.

“They’ve actually done the last four or five projects for us, and they do a wonderful job in keeping with the historic nature of some of our buildings,” he said. “As you can see, the outside of this building is in keeping with the Atwater House (Community Residence).”

The official opening of the detox center is yet to determined.

Others speakers were Assemblyman Stephen Hawley, GCASA Board Finance Chair Fred Rarick and OASAS Regional Director Colleen Mance.

-- Stephen Hawley presented a certificate of merit to GCASA, thanking the agency for its efforts because substance abuse and addiction “has not gone away as a result of this (COVID-19) pandemic.

“I’m sure that it’s grown more dire,” he said. “The challenges we faced in our lives because of the pandemic have had an especially harsh impact on folks in recovery and those who support them -- all of you here today.

“With circumstances changing constantly in this fight, it’s critical that we remain persistent in our work to raise awareness of ongoing substance abuse and help those who are affected by it.

“This facility will give hope to hundreds of folks struggling with substance abuse over the course of the upcoming years, and I’m certain that it will help save many lives.”

-- Colleen Mance emphasized the importance in affording everyone “the same opportunity to access treatment and a continuum of care.”

“Congratulations to GCASA on this new milestone. I know it’ll be a huge success and we looked forward to the benefits that this will bring to Genesee County and the surrounding area,” she said.

-- Fred Rarick, a defense attorney, noted that many of his clients have families and friends who are affected by substance use disorder.

“You can have one individual in a family ... who has substance abuse issues and that impacts the entire family. It impacts their children who, many times, follow in the footsteps of their parents to become involved in the criminal justice system.

“(GCASA) is on the front lines of what we want to accomplish, and together we can all do it … I think it has come a long way from some of the initial programs. When people take advantage of these programs, they’re less inclined to be out on the streets, committing crimes.”

From left, Colleen Mance, OASAS regional director; Randi Johnson, detox center physician's assistant; Stephanie Campbell, NYS Behavioral Health Ombudsman Office director; Allison Parry-Gurak, GCASA director of Residential Services; John Bennett, GCASA executive director; Fred Rarick, GCASA board finance chair; Assemblyman Stephen Hawley; Kathy Hodgins, GCASA chief clinical officer; City Council members Tammy Schmidt and Eugene Jankowski Jr.

Photos by Howard Owens.

Bennett conducting a tour of the new detox center. Photo by Mike Pettinella.

The Genesee County Legislature welcomed 2022 tonight with an organizational meeting at the Old County Courthouse marked by the swearing in of district representatives, attorneys and clerk – and Chairperson Rochelle Stein's hope for better days ahead.

Stein (in photo above being sworn in by County Clerk Michael Cianfrini and joined by grandsons Daniel, left, and Lockwood Sutherland) was unanimously approved by her peers to continue leading the legislative body.

She called Genesee County “a community of wealth of spirit and pride” while thanking those in public health and the hundreds of volunteers who gave countless hours in the battle against the COVID-19 pandemic.

Prior to a Committee of the Whole meeting where lawmakers passed a resolution authorizing county treasurer Scott German to borrow up to $70 million in serial bonds toward the construction of a new county jail on West Main Street Road. Following is the text of the speech Stein gave at the end of the session:

“The county faced many challenges in 2021 and achieved many accomplishments. The COVID pandemic continues to rage on. We have our Public Health Department staff, Emergency Management staff, Public Safety officers and all county departments and other municipal partners leadership to thank for their dedication to our health and prosperity in 2021.

“Our ability to serve members of Genesee County came down to testing, clinics and vaccination clinics and now mask distributions and soon at-home COVID test kits.

“Volunteers from every department of Genesee County came together to accomplish one goal: Recover our good public health. Truly the best example of meeting the needs of our communities. Thank you to all of our volunteers.

“Our Chamber of Commerce and (Genesee County) Economic Development Center took on the communication and guidance and support of our businesses. Our business sector of essential businesses learned that staff and employees are critical needs to continue meeting supply demands.

“Highways and bridges were repaired and replaced all throughout the county. (WNY) STAMP campus has Plug Power as an initial green energy business tenant. More interest in our shovel-ready parks was evident in 2021.

“Families lost love ones, whether due to COVID or not, (and) traditions of gathering in grief and loss were curtailed. We carry these friends, family members and neighbors with us daily in loss and in prayer.

“Accomplishing a 40-year sales tax agreement with the City of Batavia and municipal water surcharge agreements (with towns and villages) is game changing for moving our next public water project into motion.

“Moving forward with construction of a new jail in 2022, Phase 3 of the (Countywide) Public Water (Project) and investing in high speed broadband are next up on our to-do list.

I am very pleased to be part of this legislative body of thoughtful forward-thinking individuals who take responsibility for moving our county forward into the next decade with courage and vision.

“In spite of COVID arresting what was our normal way of life, we have embraced technology – we may even be ‘remote meeting gurus’ by now. We have learned to think outside of the box for local governments to accomplish goals.

“We have much to be appreciative of, and see the uncertainties ahead of us. Together with dedicated leadership, factual information and administrative support from our county manager, we will continue to be a successful county. Genesee County is a community with wealth of spirit and pride. We are proud to serve her.”

JAIL FINANCING AT TOP OF LIST

County Manager Matt Landers said the resolution giving German the go-ahead to identify financial institutions willing to issue the bonds caps a “long journey” to construction the state-mandated 184-bed jail.

He also mentioned that the county has money in reserve, believed to be in the $7 million to $10 million range, that could be used to enable the county “to borrow a little less” than the $70 million or to cover any overages brought about by a “volatile” construction marker.

German said he will be contacting banks and other lenders, keeping a Feb. 15 deadline to change the amount to be borrowed, again depending upon construction costs.

Members of the 2022 Genesee County Legislature, front from left, Gregg Torrey, Rochelle Stein, Marianne Clattenburg; back, Brooks Hawley, Christian Yunker, Chad Klotzbach, John Deleo, Gordon Dibble and Gary Maha. Clattenburg and Torrey will serve as 1st and 2nd vice chair, respectively.

Kevin Finnell, accompanied by his wife, Nanette, takes the oath of office as the county's District Attorney. Cianfrini is at right. Jerry Ader of Clarence was reappointed as Genesee County public defender through Dec. 31, 2023.

Cianfrini swears in Legislature Clerk Lisa Casey as her mother, Sandy, looks on. Casey was hired by the legislature in early September 2021.

Photos by Mike Pettinella.

Previously: Legislature set to appoint LeRoyan Wujcik as county attorney; Town of Batavia to hire Earl on part-time basis

It seems as though the Genesee County Legislature and the Batavia Town Board are on the verge of making changes in their legal representation departments.

Personnel moves -- per resolutions to be considered at meetings tonight and previously passed by the Wyoming County Board of Supervisors -- are as follows:

• James Wujcik of Le Roy (photo at right) is being appointed as Genesee County attorney through Dec. 31, 2023, replacing Kevin Earl, who has served in that capacity for the past five years;

• Earl is being hired as counsel to the supervisor for the Town of Batavia on a part-time (20 hours per week) basis;

• Jennifer Wilkinson of Attica has been appointed as Wyoming County attorney, replacing Wujcik, who has served as counsel to that county’s Board of Supervisors for the past eight years. Both Wilkinson and Wujcik are lawyers with the Attica firm of Dadd, Nelson, Wilkinson & Wujcik.

• Jerry Ader of Clarence is being reappointed as Genesee County public defender through Dec. 31, 2023.

COUNTY SET TO ‘MOVE FORWARD’

County Legislature Chair Rochelle Stein cited Wujcik’s experience as a county attorney as he steps into the role of helping to facilitate key projects facing the municipality in the near future.

“Jim has just finished his term with serving Wyoming County – not as a full-time attorney – and we are looking forward to having him come on board (in a full-time capacity),” she said. “He was interested (in the Genesee County job) and we were interested, and we believe that we're going to continue to work on behalf of the taxpayers here in Genesee County -- in a really smart, effective and efficient way.”

Stein said that Earl (photo at left) was “ready to step into his semi-retirement role” and she thanked him for his service.

“This was mutual on both sides,” she said. “He has really performed a great service to the county for the last five years. We have gone through some … amazing things while he sat in that office, and there's the craziness of this pandemic.”

She mentioned the addition of a corporate compliance officer, progress on the new county jail, 40-year sales tax agreement and the water agreement with towns and villages as major accomplishments.

“We just wish him (Earl) all the best as he transitions into this new role,” she said.

Earl, contacted by telephone moments ago, issued the following statement:

“I thoroughly enjoyed my work with the county and all the county employees, and I am grateful for this opportunity with the Town of Batavia on a part-time basis as part of my semi-retirement strategy.”

TOWN CREATES NEW POSITION

The Batavia Town Board is set to create the counsel to the supervisor position tonight and hire Earl, a former attorney for the town and longtime Batavia resident, at a rate of $51.52 per hour, effective January 10.

Town Supervisor Gregory Post said the decision was predicated upon the additional volume of legal work coming into the town coupled with the desire of current Town Attorney Andrew Meier, a Medina resident with a private practice, to decrease his workload.

Post added that a “number of line items in our budget are dedicated to legal and we are in a good position to enter into an agreement with Kevin for his services.”

The position will be evaluated after six months, Post added.

“There are things that have been on the table for six or seven months that haven't been attended to, and we’ve got two new projects that are been grant funded in the last 30 days.” Post said. “We have pretty good vibes that more development is on the way.”

Post noted that Wujcik represents the town on code enforcement and building inspection matters, but expects that he will be giving that up in his new role as Genesee County attorney.

The supervisor had high praise for Earl, who, he said, “did an unbelievable job for us for so many years.”

“I have great respect for Kevin,” Post said. “And when I found that he would be available, he and I had a conversation and I talked it over with my counsel and my staff. And we feel as though we're finding a path of trying to save some money.”

Post said the normal hourly rate for contracting with attorneys is around $200.

“Kevin will be in the office – and will be immediately available to the building department, to code enforcement and inspectors, to the engineering staff, to the town clerk and be able to work with planning and zoning,” he said. “He will help us move through these new public works projects and navigate contracts and insurance service agreements for the next year.”

Officials with the New York State Office of Addiction Services and Supports as well as local dignitaries are expected to participate in Thursday afternoon’s open house of Genesee/Orleans Council on Alcoholism and Substance Abuse’s new detoxification center at 424 East Main St.

The event, which is open to the public, is set for 2 to 6 p.m.  Pre-registration can be done by clicking on the following link: https://www.eventbrite.com/e/gcasa-detox-open-house-tickets-215846260977

All attendees will be expected to wear face masks and adhere to other guidelines related to COVID-19.

Guest speakers leading up to a ribbon cutting ceremony at 3:15 p.m. include Colleen Manse, addictions program specialist, and Stephanie Campbell, ombudsman project director, for OASAS; Assemblyman Stephen Hawley, and GCASA Executive Director John Bennett.

Tours of the facility will be conducted, and food and refreshments will be available at no charge.

Kathleen Hodgins, GCASA’s chief clinical officer, emphasized that the two-story, 20-bed facility further reinforces the agency’s mission of providing care at all levels of the substance use spectrum.

“Clients in detox will benefit from having a continuum of care starting with detox and including in-patient, residential and supportive living if they choose that specific pathway to recovery without having to go to another treatment facility,” Hodgins said, noting that having a detox center in Batavia will make it easier for those living in the GLOW Region.

“They will have all modalities of treatment available to them -- including peer services and case management.”

For many people, medically supervised detoxification from certain drugs and alcohol is crucial to beginning recovery, Hodgins added.

“Finding the strength to seek help isn’t always easy. We’re here to let those struggling with substance use disorder know that they’re not alone. Help is available, and it starts with our detox center admissions’ process,” she said.

The detox center is attached to the rear of the Atwater Community Residence. The opening date has yet to be determined.

Hodgins said the 8,600-square foot facility will be fully staffed by medical and substance use counseling professionals -- specially trained and certified to assist those who require short-term services.

Bennett said GCASA’s latest expansion is resulting in the creation of around 25 new jobs --mostly professional and living wages.

“The medical staff will consist of a medical director, a mid-level (supervisor) and several nurses,” he said. “There will also be a clinical supervisor and several counseling staff as well as med techs and support staff.”

As far as additional expansion, Bennett said GCASA’s Batavia campus, which also includes supporting living and childcare residences, is full. But the agency is in the midst of developing a  women’s and children’s 25-bed residential program in the Town of Albion.

Construction on the detox center began last January, with Javen Construction of Penfield as the general contractor. GCASA received a grant from OASAS and New York State to fund the project, which is estimated at $3.2 million.

Makeen Ithna-Asheri

Press release:

On Thursday, December 30th, 2021 around 9:32 PM the Batavia Police Department received a third-party phone call that two adults had overdosed in the presence of their young children at an apartment at Northside Meadows. 

The Batavia Police Department responded along with the Batavia Fire Department and Mercy EMS.  Upon arrival, the mother of the children, Anda Ithna-Asheri (38), was found to have been deceased for some time. 

The father, Makeen Ithna-Asheri (61), was unresponsive with agonal breathing.  Multiple doses of Narcan were administered and Makeen was transported to UMMC where he later recovered. 

The children, ages seven and ten, were released to the custody of a relative. Following an investigation by the Batavia Police Department, Makeen Ithna-Asheri was arrested on January 4th, 2022 around 2:33 PM by Detective Jason Ivison. 

Makeen was charged with manslaughter in the 2nd degree and two counts of endangering the welfare of a child. 

Makeen is accused of providing Anda with the drugs which caused her to overdose and knowing that she overdosed, he failed to administer proper aid.  Additionally, Makeen allegedly prevented the notification of emergency services by taking the children's phones away when they wanted to call 911.

Upon being taken into custody, Makeen was found to be in possession of a quantity of suspected crack cocaine and was charged with criminal possession of a controlled substance in the 7th degree.

Makeen is on lifetime parole for Murder in the 2nd degree and is currently being held in Genesee County Jail on $50k bail, $100k bond, and $150k partially secured bond.  Makeen is also being held on a parole warrant. 

Makeen is scheduled to reappear in court on February 2nd, 2022 at 1:00 p.m.. The Batavia Police Department would like to thank the Genesee County 911 Center, City of Batavia Fire Department, Mercy EMS, Genesee County Department of Social Services, Genesee County Child Advocacy Center, Genesee County Coroner’s Office, Genesee County District Attorney’s Office, and NYS Parole for their assistance in this case.

It’s trivia time for students at Batavia High School: who is a huge Buffalo Bills fan, an avid reader, a musician, runner and is a Bruce Springsteen fan?

If you were listening to this morning’s announcements, the answer is a no-brainer. Newly hired Superintendent  Jason Smith revealed those recreational activities during an on-air interview from the high school's main office. Smith is also happy to “talk books” of all kinds, listen to classic 1980s rock and roll, play his trombone in some local bands and spend family time watching the fourth season of Cobra Kai.

Aside from his personal passions, Smith is looking forward to returning to BHS as a 1990 graduate. 

“I have always been very proud of Batavia. I’m excited to have the opportunity to work with students, and to work with the faculty and staff,” he said. “My drive has gone from 40 minutes to four.”

As the former superintendent of Lyndonville Central School, Smith’s daily travel went north to Orleans County. He was there for the last 10 years, after serving as Elba middle and high school principal, and a teacher in Albion. After graduating from Batavia High School, Smith's college major was history, and he attended both Geneseo and Brockport State College.

According to Board of Education President Alice Benedict, Smith met some key characteristics that community members had sought, including being a hometown resident and not making Batavia a short stop on the way to another district. The board, with direction from Genesee Valley BOCES Superintendent Kevin Macdonald, conducted a search in late 2021 after former Superintendent Anibal Soler announced he was leaving.

 Smith brings with him a lifestyle philosophy he’d like to share with everyone he encounters.

“Going back to when I taught, I always believed in the concept of high expectations,” he said. “Raise the bar, set high goals. It’s our job as the adults to help achieve those high expectations.”

Smith began his career in 1994 in the Albion Central School District as a high school social studies teacher had various principal positions at Elba Central School from 2004 to 2011, and has been at Lyndonville Central from 2011 to present.

He received his Certificate of Advanced Study in Educational Administration and his Masters of Science in Education from the State University of New York College at Brockport. He is also a graduate of The State University of New York at Geneseo, where he received his Bachelor of Arts in History with a Minor in Sociology.

Monday was Smith’s first official day at the city school district. He and Interim Superintendent Scott Bischoping had previously reviewed district business, Bischoping said. Smith's first board meeting will be at 6 p.m. on Jan. 11 in the high school library. Board meetings will resume on the third Thursday of the month beginning in February. 

Top photo: New Superintendent Jason Smith answers questions during Monday morning announcements at Batavia High School. Above, Smith answers questions during announcements with Student Co-Mayor Mackenzie Harmon and high school Principal Paul Kesler Monday at the high school. Photos by Howard Owens.

 

Daquan J. Butler, 25, of Liberty, is charged with criminal impersonation 2nd. Butler allegedly lied to police about his identity while officers were investigating a disturbance on Thorpe Street, Batavia, at 11:50 p.m., Dec. 25. Butler was also wanted on a warrant.  He was released on an appearance ticket.

Daniel P. Hinca, 26, of Ft. Meyers, Fla., is charged with felony DWI, driving with a BAC of .18 or greater, and failure to use designated lane. Hinca was stopped by a Batavia PD patrol at 1:32 a.m., Dec. 24, on East Main Street, Batavia. He was issued an appearance ticket.

Nicholas P. Knouse, 18, of Attica, is charged with criminal contempt 2nd. Knouse was allegedly found in possession of a rifle in violation of an order of protection at 3:07 p.m., Dec. 20. He was issued an appearance ticket.

Paul A. Inostroza, 31, of Rochester, is charged with criminal contempt 2nd and aggravated harassment 2nd. Inostroza is accused of violating an order of protection following an incident on Dec. 11 and of leaving threatening voice mails. He was arrested at City Court on Dec. 23 and issued an appearance ticket.

Marvin K. Barber, Jr., 36, of Batavia, is charged with disorderly conduct. Barber was allegedly involved in a fight inside a business in Batavia on Nov. 25 at 11:30 a.m. He was arrested on Dec. 23 and issued an appearance ticket.

Eric J. McGill, 38, of Batavia, is charged with disorderly conduct. McGill is accused of being involved in a fight inside a Batavia business on Nov. 25.  He was arrested on Dec. 21 and issued an appearance ticket.

Richard G. Hafford, 43, of Batavia, is charged with criminal mischief 4th and harassment 2nd. Hafford was allegedly involved in a fight at a location on East Main Street, Batavia, at 2:21 a.m., Nov. 12. He was arrested on Dec. 23 and issued an appearance ticket.

Timmy L. Taylor, 47, of Batavia, is charged with petit larceny, grand larceny 4th, and aggravated unlicensed operation. Taylor is accused of stealing a mobile phone and a vehicle from a person and then operating that vehicle on a revoked license. Taylor was issued an appearance ticket.

Michael J. Robbins, 62, of West Main Street, Batavia, is charged with petit larceny.  Robbins is accused of stealing $83.13 in merchandise from Walmart at 7:35 p.m., Dec. 30.  He was issued an appearance ticket.

Joseph Owen Hutt, 32, of Donlin Drive, Rochester, is charged with DWI and speeding. Hutt was stopped at 7:22 p.m., Dec. 29, on Route 33, Byron, by Sgt. Mathew Clor. He was issued traffic tickets.

Lisa M. Grasby, 50, of Le Roy, is charged with petit larceny. Grasby was arrested by State Police in connection with an incident reported at 10:12 a.m., Dec. 24, in the Town of Batavia. She was issued an appearance ticket. No further details were released.

A structure fire is reported at 3687 West Main Street Road, Batavia, following a possible furnace explosion.

The building is reportedly unoccupied. 

Town of Batavia Fire and East Pembroke Fire responding.

UPDATE 5:03 p.m.: A second alarm requested.

UPDATE 5:08 p.m.: Route  5 is being closed to traffic in both directions, at Kelsey Road, and at Wortendyke.

UPDATE 5:20 p.m.: Corfu to fill in at East Pembroke. 

UPDATE 5:25 p.m.: Mercy EMS requested to the scene to stand by.  National Grid requested to the scene.  The fire is knocked down. Firefighters are starting overhaul.

UPDATE 5:36 p.m.: Code enforcement and Red Cross are responding.

UPDATE 8:20 p.m. (Photos and info via Alecia Kaus/Video News Service): Whether a furnace exploded in connection with the fire is under investigation, said Don Newton, the East Pembroke fire chief. The fire appears to have started on the second floor and the furnace is in the attic, Newton said. While Newton was in route to the fire, a firefighter first on scene called Newton on his mobile phone and informed him there was heavy smoke but no visible flames. Before Newton arrived, the firefighter called back and said flames had broken through the rear of the structure. Newton called for a second alarm.  There was apparently no one home when the fire started. Once firefighters confirmed the house was vacant they searched for pets and most of the pets appear to have escaped the fire, Newton said. There is heavy smoke damage throughout the structure and the structure is not habitable. 

When Bergen Assistant Chief Garrett Dean arrived on the scene of a structure fire at 84 Woodside Lane, in the Hidden Valley Meadow Park, Thursday night, he observed a mobile home with flames shooting out of one corner of the residence and was informed by a neighbor that a woman may be trapped inside.

The neighbor said he had tried kicking in the front door but the door was blocked, possibly by the woman who lived there.

Dean said he was able to reach around the door, grab her and carry her to safety with the help of the neighbor.

"They said they talked to the neighbors and the neighbors said they were pounding on the door, but couldn't get a reply," Dean said. "I believe the neighbor that was pounding on the door was the one that actually kicked the door in and when I got on location helped me get her out."

At first, the woman wasn't breathing, Dean said. With the assistance of the neighbor, he used first-aid techniques to get her breathing again.

It felt like minutes but was probably only about 30 seconds, he said.

The resident, whose name has not been released, was transported to Strong Memorial Hospital but Dean said he's been informed she may be transferred to Syracuse for a higher level of treatment for her smoke inhalation.

"She was very lucky," Dean said. "It's a good thing this is a very tight-knit community. They're all older adults that live here and they take very good care of each other."

Departments from three counties responded to the fire.

The cause and origin of the fire is under investigation.

A firefighter at the scene also needed treatment at the scene for minor smoke inhalation but remained on scene following treatment.

Top photo: Reader-submitted.  Bottom photos, Alecia Kaus/Video News Service.

Alecia Kaus/Video News Service contributed to this story.

James L. Simonds is indicted on counts of burglary in the third degree, false report: fire, explosion, hazardous substance upon school grounds, and endangering the welfare of a child. Simonds is accused of entering John Kennedy School, 166 Vine St., Batavia, on Jan. 28 with the intent of committing a crime and while at that location did communicate false or baseless information about the occurrence or impending occurrence of a fire, explosion, or hazardous substance, on school grounds in a manner that was likely to cause public alarm. He is accused of knowingly acting in a manner to be injurious to the physical, mental, or moral welfare of a child.

Cynthia M. Mack is indicted on counts of burglary in the third degree and criminal mischief in the fourth degree.  Mack is accused of entering a dwelling on Lake Street in Le Roy on June 4 with the intent of committing a crime and while in the dwelling did intentionally damage property.

Robert C. Strollo is indicted on a count of failure to register a change of address as a sex offender. On or about Dec. 1, 2020, Strollo allegedly failed to register a change of address with the NYS Criminal Justice Service within 10 days of changing his address from a residence on Bethany Center Road, Bethany.

A Stafford man has been charged with multiple felonies in connection with an incident on Saturday that led to Route 5 being closed to traffic in both directions for several hours.

Christopher C. Say is accused of setting a detached garage on fire at a residence on Main Road in Stafford and being uncooperative when crews from the Stafford Fire Department arrived on the scene.

Say allegedly barricaded himself in the garage and claimed explosives would detonate if the garage was approached.

Sheriff's deputies evacuated residents from the immediate area.

Along with Batavia Police Department's emergency response team, negotiators from both Batavia PD and the Genesee County Sheriff's Office were dispatched.

After negotiations stalled, Say allegedly drove a motor vehicle backward through a closed garage door, breaking the garage door and damaging the vehicle. He reportedly continued down the driveway, striking a fence and a marked patrol car.  He was then taken into custody without further incident.

During the incident, Say also allegedly burned another person's face causing a physical injury.

Say is also accused of possessing a metal knuckle knife.

Investigators claim there was evidence found in the garage to support Say's claim that the garage was equipped to explode.

Say was arraigned in Stafford Town Court and charged with:

• Making a terroristic threat, a Class D felony
• Criminal possession of a weapon 3rd, a Class D felony
• Criminal mischief 2nd, a Class D felony
• Attempted arson 3rd, a Class D felony
• Criminal mischief 3rd, a Class E felony.

Say was ordered jailed on $20,000 bail, $40,000 bond, or $80,000 partially secured bond.

Also assisting in the incident were New York State Police, New York State Department of Environmental Conservation, Genesee County Emergency Management, and Mercy EMS.

Photo: File photo from Saturday

Previously: Route 5 closed in Stafford

Glenn Howard Wright, 51, of Broadway Street, Bethany, is charged with DWI, consumption of alcohol in a motor vehicle, no seat belt, and stopped in the roadway on a public highway.  Wright was arrested after deputies David Moore and Kyle Krzemien were dispatched at 2:41 a.m., Dec. 28, to the 6700 block of Clinton Street Road, Stafford, for a report of a vehicle parked in the roadway.   Wright was issued an appearance ticket.

Amber Lynn Turner, 28, of South Main Street, Batavia, is charged with petit larceny.  Turner is accused of shoplifting from Walmart in Batavia at 3:33 p.m., Dec. 28. She was issued an appearance ticket.

The trustee in the Michael S. Tomaszewski bankruptcy case has asked the court to order Tomaszewski's wife to turn over an anticipated income tax refund once it is received.

Attorneys for Trustee Mark J. Schlant filed the motion last week after Tomaszewski was sentenced to two to six years in prison for defrauding funeral pre-arrangement customers out of, collectively, more than $500,000. 

According to the motion, Michael and Valerie Tomaszewski have jointly claimed refunds of $27,121 for their 2019 and 2020 income tax filings. 

The motion asks the court to order Valerie to turn over $13,560 to the court to help settle some of Michael Tomaszewski's debts.

"The Trustee understands that the Debtor recently might have become somewhat limited in his ability to deal with matters such as this and that the necessary arrangements might put Mrs. Tomaszewski in control of the funds," the motion reads. "Therefore the Trustee wishes to secure Mrs. Tomaszewski's cooperation in effecting the turnover."

The bankruptcy judge, Robert H. Jackson, has not yet responded to the motion.

In bankruptcy filings, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

At his sentencing on Dec. 22, Judge Charles Zambito ordered Tomaszewski ordered the former funeral home operator to pay $569,434.92 in restitution to his victims, starting at $2,000 a month once he's released from prison.

Tomaszewski admitted to misappropriating funds from clients who paid for pre-arrangement services. There were at least 91 such victims.  Many of those victims have filed stipulations with the bankruptcy court protecting those debts from discharge through the bankruptcy process.

Sarah P. Lytle, 39, of Batavia, is charged with torture/injure/failure to provide sustenance to an animal.  Lytle was accused of animal cruelty after Batavia PD was asked to assist the Probation Department with a house check at 10:39 p.m., Dec. 21, on State Street. Lytle is accused of keeping a dog in a cage without adequate food or water and the cage contained the dog's own feces. She was issued an appearance ticket.

Brian Paul Demko, 44, of Montclair Avenue, Batavia, is charged with DWI, use of a vehicle without an interlock device, refusal to take breath test, driver license restriction violation, driving with motor vehicle vision obstruction. Demko was stopped at 12:36 p.m., Dec. 23, on Main Road, Stafford, by Deputy Kenneth Quackenbush. 

Mathew Paul Parker, 32, of Oak Street, Batavia, is charged with criminal trespass. Parker is accused of trespassing at Walmart at 3:02 p.m., Dec. 21. He was taken to the Genesee County Jail for prints and photos and released on an appearance ticket.

Jeffrey Michael Kirkey, 50, of South Wind Court, Rochester, and Jessica Lynn Zicari, 38, of Suston Street,  are each charged with criminal possession of a controlled substance. Kirkey and Zicari were arrested after Deputy Kenneth Quackenbush and Deputy Kyle Krzemien responded to Route 33 in Stafford for a report of a vehicle partially blocking the roadway.  Kirkey and Zicari were allegedly found in possession of cocaine.  The suspects were processed at the Genesee County Jail. Zicari was released on her own recognizance. Kirkey was turned over to the Monroe County Sheriff's Office on an outstanding felony warrant.

Robert W. Russo, 46, of Winter Park, Fla., was arrested as a fugitive from justice at 2:06 a.m., Dec. 18, by Batavia PD when he was located by an officer investigating an unrelated complaint. The warrant out of Orange County, Florida, was for an alleged assault.  He was arraigned in City Court and ordered held in the Genesee County Jail.

Marcell F. Greene, 37, of Bliss, was arrested on a bench warrant. Greene allegedly failed to comply with a court-ordered program. She was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

John J. Saddler, 34, of Batavia, is charged with grand larceny 4th. Saddler is accused of stealing cash from the pants pocket of another person at 11:30 a.m., Oct. 25, at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Jason P. Gorton, 25, of Batavia, is charged with assault with intent to cause physical injury with a weapon and criminal possession of a weapon. Gorton was arrested by State Police in connection with an incident reported at 10:51 p.m., Dec. 26, in the Town of Batavia.  He was released on his own recognizance.  No further information was released.

Chase E. Shultz, 31, of Batavia, is charged with criminal contempt 2nd. Schultz was arrested by State Police in connection with an incident reported at 1:45 p.m., Dec. 23, in the Town of Oakfield. Schultz was issued an appearance ticket. No further information was released.

Kaleb J. Bobzien, 23, of Lockport, is charged with criminal contempt. Bobzien was arrested by State Police in connection with an incident reported at 5 p.m., Oct. 5, in the Town of Batavia. He was ordered held in the Genesee County Jail. No further information was released.

Anthony J. Maye, 21, of Bergen, is charged with rape 3rd (inability to consent) and sexual abuse 3rd. Maye was arrested by State Police in connection with an incident reported at 12:48 p.m., Oct. 26, in the Town of Bergen. He was released on his own recognizance.  No further information was released.

Marcella Greene Chelsea Mutter

Marcella F. Greene, 37, of Fernwood Park, Rochester, and Chelsea M. Mutter, 28, of Miller Avenue, Batavia, are both charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th.

Greene and Mutter were arrested by members of the Local Drug Task Force after local law enforcement responded a call at Quality Inn and Suites, 8250 Park Road, about an attempt to locate a warrant subject.

Upon investigation, Greene and Mutter were allegedly found in possession of crack cocaine. They were taken into custody without incident and also arrested on multiple outstanding warrants.

The duo was arraigned in Town of Batavia Court.  Greene was released under supervision of Genesee Justice. Mutter was released on her own recognizance. 

Batavia PD assisted in the investigation.

Brian Thomas Durett, 31, of Mount Vernon, Rochester, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and speed not reasonable and prudent. Durett was charged following an investigation by Deputy Moore of a report at 12:39 a.m., Dec. 24, into a report of a vehicle in a ditch on I-490 in Le Roy.  He was released on an appearance ticket.

A victory over Pittsford tonight would give Batavia Notre Dame a psychological lift through Christmas and snap a long Section V hockey drought against the suburban Rochester school.

“This is a very important game for us, psychologically, as it can get us to 6-2 heading into next week's tournament at the (LECOM) Harborcenter in Buffalo, and knowing that a Batavia team hasn’t beaten Pittsford since, I think, 1994,” Head Coach Marc Staley said this afternoon.

The game is set for 6 o’clock at the Batavia Ice Arena on Evans Street.

The Batavia Blue Devils were unable to defeat a Pittsford club when they met regularly in Monroe County League competition over the past three decades and, last year, Notre Dame dropped a 5-3 decision to the Panthers in the first round of the sectionals.

Batavia and Notre Dame combined forces prior to this season as "BND United" and has won five of its first seven contests. Pittsford is 3-3-1 but the record doesn’t indicate the overall strength of this year’s Panthers’ team, Staley said.

“This looks to be a dead-even game,” he said. “They have played against some very strong teams – Fairport, Massena and Penfield – and play a similar style to ours.”

On paper, United has more offensive firepower than Pittsford with five players in the top 10 in scoring among the six Independent teams. BND has scored 47 goals and given up 25 while Pittsford has scored 22 and allowed 22.

Senior Gavin Schrader is No. 1 in points with 13 goals and 14 assists, freshman Jameson Motyka and junior Ronin Hofmaster each have six goals and 11 assists, senior Vin DiRisio has nine goals and seven assists, and freshman Brady Johnson has seven goals and eight assists.

BND goaltender Courtney Schum has a 3.53 goals against average in her seven games.

The Panthers have three players with five goals apiece – senior Aidan McGrain, junior Lucas Procious and sophomore Henok Hankinson, while junior Will Masaschi has four goals and nine assists. Goalie Aden Brown has a 2.96 GAA.

Staley said both teams have solid power play units and it could come down to which team stays out of the penalty box.

“The team showing the most discipline likely will come out on top,” he said. “It shapes up to be a close game.”

If Michael Tomaszewski were to receive the maximum sentence in prison under the law for his crimes, the court would have no leverage to ensure he paid back his victims the more than $500,000 he stole from them, County Court Judge Charles Zambito told a courtroom full of people defrauded by the disgraced funeral director this morning.

To help make sure Tomaszewski is motivated to make restitution, Zambito sent him to prison for a bit less than the maximum term.

Instead of 2 1/2 to seven years in prison, Zambito ordered Tomaszewski to serve from two to six years on the most serious charge he admitted -- grand larceny in the third degree.

On his scheme to defraud and his offering a false instrument for filing, the sentence was 1/3 to four years each, and on the misdemeanor improper burial charge, 364 days.

All sentences are to run concurrently.

"What I can’t break away from is that for 12 years, you went to work every day knowing that the day before you had broken the law and you were going to break the law again," Zambito said. "This isn’t something that you forget about. This is something you don’t know about. You knew what you were supposed to do with that money. You just chose not to do it. Why? Because it was beneficial for you and you figured you would never get caught. That says more to me about your character than any good works you have ever done. I just can’t get around it."

Zambito said the best interest of the community is that Tomaszewski's victims have some assurance that restitution is possible.  With a maximum sentence, once Tomaszewski's time was served, he couldn't be hauled back into court if he stopped paying restitution.  Today's sentence will ensure that if he slips on his obligation, he can serve as much as 15 years total on the conviction.

Public Defender Jerry Ader argued for a community-based sentence (probation, with no prison time) to best ensure Tomaszewski made restitution to his victims. 

During his statement to Zambito, he reminded the judge he had the latitude to use Genesee Justice as it was originally intended, to bring restorative justice to victims and offenders. 

Used in that way, Tomaszewski would be required to meet individually with each of his victims so he would have to face the totality of his crimes, to feel the shame, to explain himself.

"It's innovative," Ader said. "It's not used.  But it's what people want. People are longing to be heard. They want my client to feel shame, more than he's shamed already."

Interim District Attorney Kevin Finnell said he wanted to see Tomaszewski go to prison for the maximum time the law would allow, characterizing Tomaszewski's actions calculating and a crime against the whole community.

"People trusted him," Finnel said. "(His involvement in the community) was simply a way of gaining trust, to be the good guy, to make friends, 'then you will come and give your money and I will take it.'  Mr. Tomaszewski took their money and then broke their trust. 

"What Mr. Tomaszewski did was so egregious, so calculating, so wrong. I would submit that the court has no alternative but to sentence him to the maximum allowed and that's a 2 1/3 to a seven-year term."

Ader pushed back at what he characterized as Finnell's attempt to paint his client as some sort of evil mastermind who fooled everybody in the community just to enrich himself.

He said there is no evidence Tomaszewski has a gambling problem or a drug use problem.  He said his client used the funds he failed to keep in trust to help grow his business; that he invested it in new buildings and new business ventures.

"It all went back into his business," Ader said. "It was wrong and he know it was wrong and he couldn’t stop because the business was helping people and he wanted to help people.

"My client isn't some sort of Bernie Madoff character who is stealing money in this Ponzi and living lavishly. That is somebody who should be punished for the rest of his life. This is somebody who mismanaged. And if you want to call that poor business, poor judgment, those are choices he made. Bad choices. Criminal choices. But they were choices. Yes, his intent, obviously, was to put that money back into the business but he still provided services."

Zambito didn't buy it.

"I don’t believe you are somehow sacrificing your own life, depriving yourself or your family," Zambito said. "You had what appeared to be a very successful business. You say in your pre-sentence investigation that you invested in the business. 'I needed the money for the sprinkler system. I needed the money to start the Dibble Center. Don’t you think there are other business people out there who need the money to improve their businesses, who want to do the best they can to start new ventures? They borrow the money if they don’t have it. They go to banks."

The defense delivered to the court more than 50 letters from members of the community, including letters from people who were clients of the funeral home, attesting to Tomaszewski's good character, saying he was a good guy who just made a mistake and mismanaged his business.  They pointed to his involvement with the Lions Club, to his charitable work, to his support of community organizations.

Zambito said he also had a binder containing information on 91 victims of Tomaszewski's fraud, documenting more than 12 years of criminal activity that cost members of the community more than $500,000. Yes, some of those victims do only want restitution, Zambito said, but many others want justice, they want Tomaszewski to go to prison.

"They believe that the scope and breadth of your crimes outweigh the positive things that can be said about you," Zambito said.  "I get that you did good things but you did it with other peoples' money."

After adjusting for the $32,000 Tomaszewski was going to pay today and five percent interest on the original amount of restitution required, Tomaszewski owes his victims $569,434.92.

Zambito ordered Tomaszewski to pay $2,000 a month upon his release from prison, which Zambito said he felt Tomaszewski would have no trouble making full restitution within 10 years of his release because he's shown he has the ability to earn money, particularly in the restaurant business.  

Currently, Tomaszewski's former funeral home building is listed for sale for $1 million and another building he owns on West Main Street is listed for $165,000.  He also has a pending bankruptcy with $3,242,390 in liabilities.  The money owed to victims who filed claims in the federal court cannot be discharged through the bankruptcy proceeding.

Al Kurek, one of Tomaszewski's victims, made a statement to the court during today's hearing. He called Tomaszewski one of the community's "golden boys" who had a successful business and won people's trust but squandered his accomplishment. 

"There was only one problem," Kurek said. "All the time he was offering comfort and condolences, he was practicing deceit.  He sat across from clients over the years, stared them in the eye, shook their hands providing them with assurance and comfort while all the time knowing that their monies were going directly into his pocket.

"What he actually gave clients was mental anguish and suffering as well as lies, pain, grief, and heartache. The Batavia community had its soul scorched when all of Michael's criminal and unethical activities were revealed." 

Joan Mariucci said Tomaszewski stole her trust.

"There are two Rs," she said. "There’s rich and there’s retired.  We’re retired. We’re not the rich. We don’t have that kind of money just laying around to give to someone else."

Interim District Attorney Kevin Finnell.

Public Defender Jerry Ader.

Judge Charles Zambito.

Genesee County is expected to receive up to $1 million to help in its COVID-19 prevention efforts as well as around 3,000 in-home test kits over the next few weeks, County Manager Matt Landers said in response to an email from The Batavian today.

“Based on information from the press release (from Gov. Kathy Hochul’s office) yesterday, Genesee County is in line to be reimbursed for up to $1 million in costs,” Landers said.

The money is earmarked for local health departments for vaccine and testing sites, staffing, and personnel expenses related to media campaigns, supply distribution and enforcement of mask/vaccine mandates.

Landers said he doesn’t see the additional funding having a signficiant impact upon the county’s ability – or willingness – to enforce Hochul’s rule requiring those over the age of 2 to wear masks or show proof of vaccination when entering businesses.

“We are still waiting on more guidance on what the money can be used for, but based on the short window to spend this money, it does not appear that Genesee County will have any greater ability to enforce the state’s mask rule,” Landers advised. “More than likely, we will use some of this money to promote our residents to get vaccinated or boosted, testing clinics and vaccination/booster clinics.

“Genesee County believes that masking in public settings does offer greater protection against the spread of COVID-19, and encourages businesses and residents to take appropriate precautions during this holiday season.”

Landers reported that he was just notified that more test kits (likely in early January) and masks (on Thursday) will be coming to Genesee County.

“Our Emergency Management Office is coordinating the distribution efforts for both and we will have details in the days following. We haven’t received word on the exact distribution numbers yet, but we are anticipating around 3,000 take-home test kits to be distributed to the public in early January,” he said.

The county manager said he “appreciates” the open communication line with the governor’s office and the distribution of supplies to rural counties such as Genesee.

According to Hochul’s press release, the state is prepared to release $65 million to New York’s 62 counties to help enforce the most recent mandates, which was announced two weeks ago and expires on Jan. 15.

The governor said she is opposed to more school or business shutdowns to the coronavirus “because we have the tools available to all of us (and) we’re going to keep fighting back.”

Wastewater treatment facility disinfection projects in the Town of Pavilion and Villages of Bergen, Elba and Le Roy have been identified for funding through Round XI of the Regional Economic Development Council’s program to improve water quality, combat harmful algal blooms and update aging infrastructure across New York State.

Gov. Kathy Hochul, in a press release issued today, announced that more than $272 million is being awarded to 179 projects to protect and improve water quality.

These awards are in addition to the $196 million awarded to 488 projects from multiple State Agency programs through Round XI of the Governor's Regional Economic Development Council Initiative announced last week to stimulate New York's post-pandemic economic recovery.

“Our state's economic development goals cannot be achieved without clean water for drinking, recreation, and the overall quality of life New Yorkers expect and deserve,” Hochul said. “These sustained investments in water quality improve the health of our communities while creating economic opportunity through well paying, long lasting jobs.”

The Water Quality Improvement Project grant program is administered by the state Department of Environmental Conservation and funds projects that directly address documented water quality impairments or protect a drinking water source.

Genesee County grants -- all to install ultraviolent effluent disinfection at the municipalities’ wastewater treatment plants -- will go to the following initiatives:

• Town of Pavilion: This project will improve the quality of treated effluent entering the Oatka Creek. $428,000.

• Village of Bergen: This project will improve water quality by reducing pathogens in the plant's discharge. $137,500.

• Village of Elba: This project will improve the quality of treated effluent entering the Oak Orchard Creek Tributary. $288,750.

• Village of Le Roy: This project will improve water quality by reducing pathogens in the treatment facility's discharge to the Oatka Creek. $1,000,000.