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Changing calendar keeps local law enforcement busy with domestic calls

By Howard B. Owens

With the ringing in of the New Year, local police agencies found themselves dealing with a bit of an uptick in domestic incident calls.

Deputy Chief Gordon Dibble said on Dec. 31 and Jan. 1, for example, the Sheriff's Office responded to nine domestic incident calls and, unconfirmed, the State Police responded to six.

"I don't think it should be a surprise to anybody," Dibble said. "I haven't compared this weekend to other segments of the year, but I think there were more calls. It's a highly emotional time of the year. Things are brought to the forefront that haven't been dealt with in the year, there are financial pressures, family pressures and visitation pressures."

Dibble said law enforcement has changed a lot since the early part of his career when he was a deputy on patrol.

There is a broader range of disputes that are classified as domestics. It isn't just the husband and wife fight any longer. Disputes involving people living together, people divorced, people not married but having children together and other family relationships are classified as domestics.

And laws have changed directing how police must deal with some domestic situations.

"There are many circumstances were we must make an arrest by New York State law even when the victim doesn’t want an arrest," said Dibble, explaining the law is in place to protect victims who might be intimidated from pressing charges.

Complicating matters further are orders of protection, which include variations ranging from complete stay-away orders, limited contact and contact permitted, to no offensive conduct permitted. And orders can be temporary, long-term, canceled, reinstated and canceled again, so officers must pay attention to the details.

"Orders of protection are complicated and time consuming issues for us, but they're important issues because when things go wrong, they can go very wrong," Dibble said. "We have to be very careful with those."

A number of years ago, the Sheriff's Office along with Batavia PD and Le Roy PD, got together and drafted guidelines for handling orders of protection so that officers deal with them in a consistent way across jurisdictions.

Local law enforcement agencies, Dibble confirmed, take orders of protection very seriously.

"Is it as consistent across the state or across the country? I doubt it," Dibble said. "Within this county, it should be pretty uniform."

Report: Cyberbullying at local high schools

By Howard B. Owens

A reader I know and trust to be truthful on sharing something like this, put together the image above and sent it to me. He said it's a collection of Facebook status updates from people being bullied and their tormentors. All of the teenagers involved, he said, are students at Batavia High School. He said knowledge of an increase of cyberbullying against some students at BHS is common knowledge among the students.

One point I want to add: Cyberbullying is a crime.

It can be charged as harassment in the second degree, which is a Class B misdemeanor. Cyberbullies should be reported either by victims or their parents to police. Witnesses can also report crimes, but in most cases it will take a victim who cooperates with the investigation to proceed with criminal charges.

UPDATE 12:34 p.m.:  I received an e-mail from somebody familiar with the situation and said students from mulitple Genesee County high schools are involved and one of the targets is not a student of BHS.  Any confusion on the school involvement is the result of my own misunderstanding of the original e-mail I received.

He sent along the following op-ed with the image.

In the age of social media and increasing technology, every day people see things on the news about cyberbullying and harrassment and many don't realize the seriousness of what is being done. Sometimes they don't think it's happening to anyone they know. Sometimes they don't think its happening to anyone near them. Sometimes people don't realize how serious it can be until it's too late.

Recently, many students in Genesee County school districts have had their Facebook news feeds, filled with cyberbullying of a few students, and the issue is only getting bigger and more widespread. But only a few are standing up for the victims, while more and more join in to bully, and many of the victims, are sitting back without knowing what to do.

"Like this stuff was bad. Worries me... :/" stated one student's Facebook comment. It "turns your stomache. Doesnt matter what someones done noone deserves that to be said," said another when responding about the nature of the cyberbullying posts.

In the most recent and student popularized bullying case (photo collage), there is one student being bullied, and upwards of 30+ cyberbullies making comments directly or indirectly toward her, while hundreds of students have 'Liked' status updates supporting the bullying acts.

According to the nonprofit website www.stopcyberbullying.com:

'Cyberbullying' is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. It has to have a minor on both sides, or at least have been instigated by a minor against another minor. Once adults become involved, it is plain and simple cyberharassment or cyberstalking.

Cyberbullying can be done for many reasons. Many times, it's done by someone with insecurities, hoping to boost their social standing. Other times, the power-hungry do it looking to boost their ego. There is also the bullying done as revenge, out of anger, and sometimes students are cyberbullying without even intentionally trying to.

While many students, usually believe their words are harmless, what they say can many times lead to a higher level of misdemeanor cyberharassment charges.

There are two kinds of cyberbullying, direct attacks (messages sent to your kids directly) and cyberbullying by proxy (using others to help cyberbully the victim, either with or without the accomplice's knowledge).

Not only does cyberbullying, include harassment that could bring upon legal issues, but many times, it also turns into defamation. Defamation, which is also known as slander, is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual a negative image. Many times students often take it to the extent of defamation by making up rumors or doing whatever else it takes to make the bullied look as bad as possible.

Parents need to be the one trusted person kids can go when things go wrong online and offline. Yet they often are the ones kids avoid when things go wrong online. Why? Parents tend to overreact. Most children will avoid telling their parents about a cyberbullying incident fearing they will only make things worse.

Parents also need to understand that a child is just as likely to be a cyberbully as a victim of cyberbullying and often go back and forth between the two roles during one incident. They may not even realize that they are seen as a cyberbully.

The message is simple. Don't write it. Don't send it. For more info on cyberbullying and how to prevent it, visit http://www.stopcyberbullying.org/.

A 2010 Attica graduate, Jesse Kern, that is currently serving in the Army, publicly defended one of the most recent victims on his Facebook page and posted this video and commented: "People just don't get it."

Law and Order: Alleged fugitive from Texas identified in Batavia

By Howard B. Owens

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is being held without bail as a fugitive from justice. Strickland is allegedly wanted in Texas on a charge of aggravated assault with a deadly weapon. Strickland was located in Batavia at a residence on Dewey Avenue by officers Chris Camp and Kevin DeFelice during the investigation into an alleged domestic incident. Strickland is reportedly wanted by the Dallas County Sheriff's Office and is being held in the county jail pending extradition proceedings.

A 17-year-old resident of Bank Street, Batavia, is charged with petit larceny. The youth is accused of shoplifting from Walmart at 7:35 p.m., Monday.

Snowball throwers sought in Le Roy

By Howard B. Owens

Deputies and Le Roy Police are somewhere in the area of the cemetery looking for youths who were throwing snowballs at cars.

There are footprints in the snow to help in the search.

An officer just said, "Well, somebody lost a glove so somebody is going to have a cold hand."

Photos: A drive down Perry Road, Le Roy

By Howard B. Owens

Late this morning, I needed to drive out to Le Roy and since it was a beautiful day, I decided to take the long way. I found myself heading north on Perry Road.

Above is a barn owned by a gentleman named Mel who once had cows, sheep and horses. Now he just has a barn. Nice man. I was happy to meet him.

Below, an old house, and last, a barn on Route 19 at the end of Perry Road.

Men accused of burglary on Maple Street waive rights to pre-trial hearings

By Howard B. Owens

Two men accused of burglarizing a Maple Street apartment while the resident sits in jail appeared in Batavia City Court on Tuesday and waived their right for a pre-trial hearing.

The waiver means the case will be sent to the grand jury for possible indictment, but also paves the way for a possible plea deal and one of the suspects indicated in court that he is expecting a possible plea bargain.

Both Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address. are charged with burglary, 2nd.

Doleman, top photo, was also charged Tuesday with criminal mischief, 3rd, and petit larceny.

Doleman is accused of breaking a window on a 2010 Kia on Dec. 13 parked at Tops Market and stealing a laptop computer.

Robidoux is also charged with aggravated unlicensed operation of a motor vehicle.

The duo was stopped on Walnut Street early in the morning Dec. 29 after a Maple Street resident reported seeing the men carrying items from an apartment at 10 Maple St., Batavia.

The resident of the apartment, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

When Doleman's case was called, after he was charged with the Dec. 13 car break-in, Judge Robert Balbick asked Doleman if he agreed to waive a pre-trial hearing. Doleman appeared confused and said he thought the two cases would be combined as part of a plea deal. He kept turning his head toward the back of the room where District Attorney Lawrence Friedman was standing.

After the hearing, Friedman said he couldn't comment on whether or not a plea deal is in the works.

Both Doleman and Robidoux are being held in Genesee County Jail without bail.

Police warn of bail money scam

By Howard B. Owens

If somebody contacts you claiming to be a relative in another country and in trouble with the law, local police are warning: use caution.

Today, according to police, a Batavia resident received just such a call and went to Tops Market with the intention to wire a significant amount of money to this "relative" in Lima, Peru (or claiming to be in Lima, Peru).

Alert employees at Tops were aware of the scam and suggested the resident contact Batavia PD.

A police investigation revealed the actual relative was safe and not in police custody.

The Batavia PD is encouraging residents to be wary of anyone requesting bail money via a Western Union wire transfer.

Police looking for information on whereabouts of missing teen

By Howard B. Owens

Police are looking for a 13-year-old who disappeared and may be traveling with his non-custodial mother after she passed through Batavia to visit with him.

Michael Smith was last seen with his mother at 8 a.m., Monday, boarding a bus in Buffalo.

His non-custodial mother is Anna M. Spencer, aka, Anna M. Smith, 49, who has no permanant address and is known to travel from place to place.

Michael Smith was reported missing after not returning from a visit with his mother at a hotel on Oak Street.

Anyone who has information or has seen either of these two individuals is asked to call Genesee County Dispatch at 585-345-6350 and ask for a City of Batavia Police Supervisor.

Car hit while making U-turn on Bloomingdale Road

By Howard B. Owens

The driver of a vehicle making a U-turn Monday afternoon at the intersection of Bloomingdale and Akerson roads, Alabama, was injured after being struck by an eastbound car.

Hospitalized with non-life-threatening injuries was S.R. Weissenbuger, 55, of Citation Drive, Henrietta.

Weissenbuger was cited for alleged failure to yield right of way.

The other driver, Lola A. Sharlow, 63, of Hopkins Street, Mt. Morris, and her 17-year-old passenger were not injured.

The accident was investigated by Deputy Chris Parker.

(Initial report)

Small RV fire reported on South Main Street

By Howard B. Owens

City of Batavia responded to a small fire in an RV this morning at 86 S. Main St., Batavia.

The RV was parked near a structure, but was put out quickly.

Ladder 15 and Engine 12 were back in service by 7:45 a.m.

Driver reportedly failed to yield prior to accident on Route 20

By Howard B. Owens

A driver allegedly failed to yield the right of way at the intersection Brookville Road and Route 20, leading to an accident at 1:19 p.m., Saturday, that sent two people to the hospital with minor injuries.

Cited was Cortney A. Spiotta, 19, of Bartz Road, Alexander. Spiotta was injured in the accident.

The other driver, William A. Congdon, 47, of Meadowlark Drive, Avon, was also injured. His passenger, Edward J. Howard, 50, was not injured.

Spiotta was reportedly pulling her 2004 Ford SUV from Brookville Road onto Route 20 when Congdon's 2005 Ford sedan struck her vehicle.

Investigator Deputy Chris Parker wrote in his report that Spiotta said she was creeping into the intersection to see if the coast was clear. She said she did not see Congdon's vehicle.

Congdon told Parker that he saw Spiotta's vehicle slow at the intersection and then proceed onto Route 20.

Law and Order: Driver accused of using phone while driving drunk

By Howard B. Owens

Kathryn Hughes Whipple, 34, of North Main Street, Lyndonville, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely, failure to keep right and unlawful use of a mobile phone. Whipple was stopped at 1:50 a.m., Saturday, on Lewiston Road in Oakfield by Deputy Jason Saile.

William C. Leyden, 30, of 23 Parkhurst Drive, Hudson, N.H., is charged with criminal possession of a controlled substance, 7th. Leyden was allegedly found in possession of cocaine while at 3 Ross St., Batavia. NYS Parole assisted in the investigation. Leyden was jailed on $1,000 bail.

Jeremiah Thomas Altrogge, 28, of Cedar Street, Akron, was arrested on a bench warrant. The warrant was issued out of Alabama Town Court. Altrogge allegedly failed to pay a fine on an incident in August 2011. Altrogge was jailed on $1,000 bail.

James John Bachorski, 43, of Webber Avenue, Oakfield, is charged with unlawful possession of marijuana. Bachorski was allegedly found to be in possession of a marijuana pipe during an investigation into an alleged domestic dispute on Batavia Oakfield Townline Road. Bachorski's vehicle was stopped on South Pearl Street, Oakfield.

Daihnath Grady Geiogamah, 36, of Route 438, Irving, is charged with disorderly conduct. Geiogamah is accused of being involved in a domestic incident at 11:10 p.m., Saturday, at a location on Route 63, Town of Batavia, in which she allegedly threatened to fight family members and Sheriff's deputies. Geiogamah was jailed on $500 bail.

Rollover accident reported on Route 98, north of West Saile Drive

By Howard B. Owens

A car has rolled over on Route 98 just north of West Saile Drive.

The driver is believed to be out of the car.

Town of Batavia Fire Department and Mercy EMS responding.

UPDATE 9 a.m.: Vehicle is on its side in the front yard of the residence. Driver out walking around, not injured. A responder warns caution for others approaching the scene, "98 is just a sheet of ice from Elba all the way to the city."

UPDATE 9:23 a.m.: Female driver being transported to UMMC for evaluation.

UPDATE 9:40 a.m.: Deputies still on scene discussed the traffic situation. Cars and trucks were struggling to get up a hill on Route 98. State DOT salted the road about five minutes prior. The scene is now clear.

Weather: Storm warning cancelled

By Howard B. Owens

The storm that was predicted to drop from four to 10 inches of snow ended up bringing very little snow to the area and the storm warning, originally going to noon, was cancelled early this morning.

However, more snow may be on the way. Weather.com forecasts from one to three inches falling this afternoon with 100-percent chance of precipitation between 2 and 3 p.m. There's at least an 80-percent chance of precipitation going late into the night.

Six-year-old reportedly drives car into house on Drake Street

By Howard B. Owens

A car has reportedly run into a house at 60 Drake St., Oakfield.

The reported operator of the vehicle is a 6-year-old girl.

No injuries are reported. The girl is reported to be walking back to her father's house.

UPDATE 11:43 p.m.: No citations. No arrests. No injuries. Minimal damage. The 6-year-old apparently found her father's keys, sneaked out of the house, got in the car and left with the intention of going to her mother's house. She headed south down Irving Parkway and failed to negotiate a turn at Drake Street, heading straight into the yard of the house on the south side of the street. Her father's sedan knocked over a mailbox. A trooper on scene said, "Thank God there was no east or west traffic (on Drake Street) or we would have had a much worse situation." He said there wasn't any indication that the father was negligent in order to support a charge such as "endangering the welfare of a child."


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Weather Tracking: Multiple trees down, hanging wires, transformers sparking

By Howard B. Owens

Genesee County Emergency Dispatchers are having a busy night dealing with multiple calls of trees down, hanging wires and sparking transformers, not to mention the usual domestics, medical and mental health issues.

A high wind warning is in effect until 4 a.m.  The lake effect snow warning remains in place until noon, Monday, with six to 10 inches of accumulated snow predicted.

Weather.com's radar map shows snowstorms hitting Batavia about 10:15 p.m. and a second, larger front after midnight.

The weather-related reports we've been able to catch over the past hour or so include:

  • A transformer sparking near 1 Holland Ave., Batavia.
  • Cable wires down and a tree down on Slusser Road, Batavia.
  • Wires down and blocking somewhere in Le Roy.
  • Trees down on Tower Hill and Byron roads, Bergen.
  • Tree in the roadway blocking traffic on Scribner Road.
  • Tree down near 10604 Broadway.
  • Tree down on Fisher Road near Lockport Road.
  • Transformer arcing at Daws Corners.
  • Cable wire down on Broadlawn Road, Batavia.
  • Tree on fire and wires arcing near on Main Road between Cleveland and Boyce roads, Batavia. East Pembroke Fire Department responding (call at 7:45 p.m.)

There are about 10 power outages in the county effecting about 200 National Grid customers. The two largest are along Route 63 from East Road to near Cook Road, and from Pavilion well into Wyoming County's Town of Covington.

Assuming additional calls along these lines, we will continue to update this post as needed.

UPDATE 7:58 p.m.: Tree down blocking on Route 20 near Countyline Road, Darien.

UPDATE 8:06 p.m.: Tree down on Swamp Road, Bergen, blocking.

UPDATE 8:08 p.m.: Power restored to Route 63, including the intersection of routes 63 and 20.

UPDATE 8:45 p.m.: Power is out at County Building #3 on West Main Street Road, Batavia. A transform in the area is arcing.

UPDATE  8:48 p.m.: Power is out again at Route 20 and Route 63. City fire is clearing Holland Avenue. Power is back on and National Grid has driven by a couple of times, but hasn't stopped.

UPDATE 8:52 p.m.: No arcing at Building #3. "For the power company, behind the building, it appears that the power has been tripped," reports a responder.

UPDATE 11:50 p.m.: The lake effect storm warning remains in effect until noon, Monday. There are currently six power outages reported in Genesee County.  The three biggest are: East Pembroke along Main Road, 51 customers, with an estimated power restoration of 1 a.m.; Galloway Road, Batavia, 34 customers with an estimated power restoration of 4 a.m.; Elba, Bridge Road area, 21 customers, with an estimated restoration time of 1 a.m.

Driver who reportedly went into Tonawanda Creek charged with DWI

By Howard B. Owens

A 21-year-old driver who reportedly slammed his van through a guard rail and into the Tonawanda Creek off Walnut Street early Sunday morning has been charged with DWI.

Zachary D. Leitten, of 9351 Shepard Road, Batavia, was transported to UMMC after the accident and treated for injuries.

Beside facing a DWI charge, Leitten was cited for alleged speed not reasonable and prudent, moving from lane unsafely and driving on a sidewalk.

Officer Jason Ivison investigated the accident.

Top Items on Batavia's List

Marketing Assistant — The Batavian Wage: $17 to $18 per hour Status: Part-time (potential to expand to full-time) Location: Work from home (local candidates preferred) The Batavian is seeking a qualified individual to create banner ads and assist with advertising duties to support our customers. Qualifications: High competency with Photoshop, especially for graphic design Training and knowledge in effective ad design Excellent interpersonal skills for client interaction Additional skills with other graphic tools are a plus Key Tasks: Collaborate with the ad sales representative to design ads for our website according to customer specifications Make corrections and adjustments based on customer feedback Upload and traffic ads to our ad server, ensuring correct placement Experience: Applicants must demonstrate a proven ability to perform the required tasks. Additional Information: This position starts as part-time and may expand to full-time. You will work from home; The Batavian will provide a Mac computer for the job. While remote work is possible, we prefer candidates who are local, familiar with our community, and have a strong understanding of our customers. To Apply: Submit your resume and a portfolio demonstrating your graphic design and ad creation skills with a cover letter to Publisher Howard Owens, howard@thebatavian.com.  
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