Michael L. Jackson, accused of burglary and grand larceny, got a "get out of jail" free card when the District Attorney's office did not seek a grand jury indictment within the prescribed 45 days.

Last week, an indictment was handed down and Jackson was taken into custody again. On Sept. 3, Jackson posted a $10,000 bond and is now free awaiting trial.

According to the indictment, Jackson is charged with a count of burglary in the third degree, two counts of grand larceny in the third degree, and two counts criminal mischief in the second degree.

A new charge also pops up: tampering with a witness in the fourth degree. Jackson allegedly went to the home of one of the witnesses and attempted to induce her not to testify before the Grand Jury.

Jackson, now an Oakfield resident, is accused breaking into Holland High Lift, 10033 East Road, Bethany. He allegedly stole a 42-inch Viewsonic flatscreen television, a Samsung 22-inch flatscreen television and a Sony digital camera. He also allegedly stole a 2005 Ford Supercab 250. Jackson also allegedly damaged an office window, a display case, light fixtures, drywall, a motorcycle, computer equipment and an overhead door. He also allegedly damaged the Ford truck.

A dump truck is on fire and reportedly "fully involved" near the intersection of Genesee road and Boyce Road in Corfu.

The Corfu Volunteer Fire Department has been dispatched.

UPDATE 12:54 p.m.: The truck is reportedly under power lines.  It is west of Boyce Road, well up a driveway.

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Robert J. Eppolito is reportedly in trouble with the law again.

The name of Eppolito did not appear in The Batavian a few days ago when we reported about a couple allegedly caught in full embrace in a very public Oakfield Village parking lot, but after learning more about the incident, we decided to connect Eppolito's name to the arrest.

We were on the verge of a decision to release his name, when we heard about Eppolito's arrest last night for allegedly slamming a woman against a wall during an argument.  Eppolito also allegedly broke the woman's cell phone.

Eppolito, 27, of 1 North Pearl St., Oakfield, is charged with a felony count of criminal mischief in the third degree and harassment in the second degree. He was jailed on $2,500 bail.

In the Friday morning incident, according to a witness and in an answer to our inquiry with Sheriff Gary Maha, we are told that Eppolito and the woman were completely naked inside the car, their sexual activity easily observable by anybody in the area. The alleged incident occurred while people were in the village setting up for Labor Daze. Sheriff Maha tells us that the arresting officer said Eppolito "just didn't care" that the couple was in public.

NOTE: This is a rewrite of a previously posted version.

Two of the three men accused of robbing the M&T Bank in Elba on June 18 appeared in court today, and one of them, Dennis M. Abrams entered a guilty plea to one of the charges against him.

The felony conviction, as part of a plea bargain, carries a maximum sentence of 17-and-half-years in prison.

When District Attorney Lawrence Friedman informed Judge Robert Noonan of the plea arrangement, the friends and family of Abrams who were in the courtroom let out audible expressions of shock.

Abrams will be sentenced in two weeks, after a probation department review to help the judge determine an appropriate sentence. He could serve only five years, depending on Judge Noonan's ruling.

Meanwhile, co-defendant Matthew J. Wells followed Abrams into court, but he wasn't there to enter a plea. Rather the judge and attorneys were agreeing to a date for a future hearing on motions made by Attorney Thomas Burns, including a motion for change of venue.

Under questioning from Noonan, Abrams entered his guilty plea and then admitted to the bank robbery. He also said his previous confessions were true and accurate. He also agreed to testify in any trials for his co-defendants, if there is a trial (at this time, that would likely be only Wells, who is proceeding with a defense).

Co-defendant Demone Dillon entered a guilty plea two weeks ago.

Abrams and Wells remain in jail in lieu of bail.

There was a standing ovation in Dwyer Stadium on Saturday night, but it wasn't for a great diving catch, or a rare triple play or a bomb hit over the dead center field fence -- it was for the stadium announcer, Wayne Fuller.

Fuller, the voice of Batavia baseball for 25 years, announced his retirement from the PA mic, and the crowd paid Fuller the ultimate sporting honor -- a Standing-O.

Fuller, who also served as the official scorer, has been positioned in the Dwyer press box -- dubbed "Wayne's World" -- calling out starting line-ups and determining hits and errors through the baseball eras of the Trojans, Clippers and Muckdogs.

"There is a trick to determine when you leave on your own or are asked to leave," Fuller told the crowd. "I have decided this is my time to retire and leave the two jobs. As I have gotten older it has become harder, as they say today, to multi-task, and that's the principle reason for my decision."

Fuller continues on in his afternoon shift with WBTA and will also remain in the booth for high school and college games.

Fuller told me this morning he's looking forward to a trip to Alaska next summer -- a dream he couldn't fulfill while obligated to the Muckdogs for home-game announcing.

It looks like work has finally begun on the Ellicott Street railroad crossing. 

Center Street is closed at Ellicott. There is two-way traffic this morning on Ellicott, but guided by cones.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Pudgie's Lawn and Garden Center, 3646 West Main Road, Batavia, N.Y.: Autumn is the time to think about spring flowers -- and Pudgie's has a great selection of bulbs already in stock, ready to plant. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

 

And they are off!  2009 Batavia Area Jaycees Labor Day 5k Run/Walk

23rd Annual Batavia Area Jaycees Labor Day 5k Run/Walk                 First Name Last Name Town Age Time   1 Jon Valente Pavilion 18 18'01:80   2 Kevin Pawlak Albion 17 18'24:63   3 Eric Kowalik Akron 18 18"31:46   4 Kevin Sheehan Victor 47 18'37:00   5 Kevin Tillery Batavia 16 18'42:31   6 Guy Pirdy Castile 50 19'19:25   7 Max Lord Wyoming 16 19'22:52   8 Justin Cotter Batavia 17 19'27:50   9 Liz Valente Pavilion 16 19'31:07   10 Paul Jones Batavia 47 19'51:49   11 Jason Bibler   35 20'04:17   12 Aaron Sherman Batavia 27 20'04:95   13 Bill McMullen Batavia 56 20'12:50   14 Collin Mulcahy Batavia 15 20'19:87   15 Kenneth Scott   47 20'23:76   16 Paul Persia Batavia 58 20'35:00   17 Angela Jarvela Batavia 17 20'35:86   18 Rich Boyce Batavia 32 20'38:57   19 Luke Caila Oakfield 15 20'44:01   20 Eric Leffel Corfu 17 20'55:22   21 Bernie Valento Pavilion 43 21'08:29   22 Mark Heberger Rochester 54 21'23:80   23 Brian Hilburger Batavia 39 21'40:78   24 Jim  Lane Batavia 44 21'54:26   25 David Chua Batavia 42 22'06:75   26 Dennis Rettke Oakfield 50 22'08:27   27 Cody Mulcahy Batavia 17 22'23:60   28 Alan Seaner Akron 15 22'28:81   29 Guy Clark Batavia 49 22'35:35   30 Greg  Sharp Batavia 44 22'39:63   31 Jeffrey Scott Batavia 53 22'46:47   32 Zachary Shine Batavia 11 22'57:15   33 Ryan Fuller Batavia 13 22'57:93   34 Susan Francis Batavia 43 23'19:60   35 Lauren Ciurzynski Attica 17 23'23:14   36 Pam Johnson Canandaigua 47 23'29:31   37 Rick Erb Rushville 61 23'29:90   38 Cory Berardi Brockport 30 23'45:99   39 Matt Surtell Batavia 35 23'51:95   40 Edward Jones Batavia 48 23'56:60   41 Nancy Jo Rademateur Alexander 38 23'57:89   42 Bill White Hilton 67 24'12:96   43 Kervin Jonathan Basom 15 24'24:51   44 Vernon Howard Elba 35 24'26:12   45 Jorden Prescott E. Bethany 15 24'35:07   46 Todd Masters Batavia 28 24'45:20   47 Tom Mancuso Batavia 53 24'46:48   48 Tom Hawkins Williamson 51 24'53:98   49 Deegah Lotz Akron 13 24'58:25   50 Bob Kowalik Akron 55 24'59:14   51 Matt Britt Batavia 55 25'00:11   52 Peter  Coughlin Elba 54 25'06:23   53 Jane Geer Batavia 46 25'25:22   54 Irwin Crosby South Byron 65 25'29:67   55 Mark Cutcliffe Pavilion 50 25'33:28   56 Kevin Clary Pavilion 52 25'45:16   57 James McGee Asheville, NC 63 26'14:42   58 David Ciurzynski Attica 43 26'15:92   59 Sid Bolton Albion 67 26'33:80   60 Jessica Maurer Corfu 22 27'14:69   61 Carolyn Kriesen Webster 66 27'19:72   62 Bailee Welker Batavia 13 27'30:08   63 Mitzie Lenandawski Rochester 62 28'24:27   64 Jerry Godfrey Batavia 33 28'24:75   65 Joe Nicosia Corfu 25 28'26:59   66 John Albone Medina 48 28'34:59   67 Stephen Priber Batavia 56 28'54:60   68 Kevin Nickerson Byron 14 28'56:77   69 Janice Spiotta Batavia 52 29'02:54   70 Laurinda Liszewski Batavia 45 29'24:45   71 Jenna Mancuso Batavia 14 29'28:19   72 Jinny Mancuso Batavia 45 29'29:52   73 Debra Gisleson Canandaigua 31 29'55:30   74 Brenda Hoffman-Case Batavia 37 30'06:03   75 Al  Smith Rochester 71 30'23:41   76 Taylor Soule Albion 14 31'33:79   77 Norm Greiner Rochester 69 31'42:04   78 Loren Jones Basom 58 31'43:61   79 Gregory Vleck Rochester 60 31'55:11   80 William  Carrigan Pavilion 56 32'01:63   81 Colleen Morrissey Amhesrt  31 32'05:68   82 Jame Haggett Batavia 41 32'14:57   83 Andrew Kiebala LeRoy 28 32'33:48   84 Christine Nickerson Byron 45 32'44:64   85 Brad Nickerson Byron 47 32'44:98   86 Samantha Hilburger Batavia 14 33'15:12   87 Christian Valento Pavilion 10 35'40:36   88 Missy Valento Pavilion 45 35'42:71   89 Dick Lewandowski Rochester 65 35'44:46   90 Dot Carrigan Pavilion 51 36'23:88   91 Edye Radice Tonawanda 72 36'27:69   92 Margaret Peri Batavia 55 37'00:68   93 Brytney Orbaker Batavia 15 37'37:03   94 Lynn Pierce Stafford 56 51'34:24   95 Jodi Wolcott Oakfield 48 52'44:81   96 Don Cyprys Amhesrt  74 54'08:43  

From The Colorado Independent-- Bachmann: ‘Slit our wrists, be blood brothers’ to beat health care reform:

In a fiery speech that had her conservative Colorado audience cheering, U.S. Rep. Michele Bachmann railed against the dangers of health care reform and other Democratic initiatives, warning the proposals “have the strength to destroy this country forever.”

“This cannot pass,” the Minnesota Republican told a crowd at a Denver gathering sponsored by the Independence Institute. “What we have to do today is make a covenant, to slit our wrists, be blood brothers on this thing. This will not pass. We will do whatever it takes to make sure this doesn’t pass.”

“Something is way crazy out there,” Bachmann said in her remarks, billed as a “personal legislative briefing” by the Golden-based Independence Institute, which bills itself as a “free market think tank.”

“This is slavery,” Bachmann said after claiming many Americans pay half their income to taxes. “It’s nothing more than slavery.”

In a speech filled with urgent and violent rhetoric, Bachmann — who proudly acknowledges she is the country’s “second-most hated Republican woman,” behind only former Alaska Gov. Sarah Palin – drew a clear line on health care reform.

Watching the Oakfield Labor Daze parade today, I realized that I can identify the stages of my life up to this point by my memories of the annual festivities. I remember being the little girl afraid of the firemen who walked by in masks - being told not to run to the middle of the road for the "far away" pieces of candy.

I used to be the girl who was checking out which boys got cuter over the summer, trying to work up the nerve to go talk to them before school started.

I marched in the Oakfield Marching Band lead by Mr. John Mikulski, my favorite teacher of all time. He used to crack jokes to keep our spirits up as we marched down Main Street. Our town will forever miss the joy he brought us.

I also worked the stands selling salt potatoes for the our senior class, hanging out with the soon-to-be graduates while we chatted about where our lives were going to take us.

Now, I'm watching it all from a distance, taking it all in as the memories come back to me.

It was an eventful parade this morning. The usual tractors, clowns, candy and firetrucks were there. Bands played their jazzy tunes and marched down the street. Strange bikes and vehicles were driven.

Animals were part of the fun, too. There were dogs and two horses in the parade. I'm sure that no one who saw it will forget the graphic display of urination by the mini horse right in front of the post office - let's just say it was another memory for those of us who were there and leave it at that...

Pie sales were in full swing when I visited the United Methodist Church.  Reverend Larry Eastlack was all smiles this morning, but admitted he wasn't the expert on pies.

"It's about how we share together. The fellowship of baking the pies and how we share them with the community is the best part..." said a woman from the church who declined to give her name.

"For a lot of people, the pies bring memories. How their grandmothers used to bake pies, which flavor they bought last year or making elderberry pies when they were younger..." she went on to say.

I'd have to agree. Every event at Labor Daze brings memories for me, whether it be ostrich burgers, deep fried Oreos, or even taking a turn in the bounce house. I'm certain that everyone who attends Labor Daze goes through the same memory lane experience each year. It's things like this event that make a small town a great place to live.

How far would you travel for a great meal? Five miles? 25 miles? How about 100 miles? Well that’s the premise behind the 100-mile diet.

Across the country, people are dedicating themselves to a healthier, more sustainable way of eating. If you haven’t heard of it yet…get ready…the “Locavore” movement is here and some culinary pundits think it’s here to stay.

Eating locally grown food is not only good for you, it’s good for our environment too.

Purchasing homegrown produce cuts down on “food miles,” or the distance food has to travel from farm to processing site to market, positively impacting our foods’ carbon footprint. A tomato grown in Southern California has to travel about 2,500 miles before it reaches a grocery store in Batavia. By contrast, researchers at Iowa State University found that locally grown produce travels an average of 56 miles from farm to market resulting in fresher, more nutritious choices for us and for our families.

Surprisingly, a whopping 40% of our fruit is produced overseas then hauled in freighter ships or flown across the ocean before it reaches American tables.

Buying local allows you to enjoy fruits and vegetables at their peak of freshness and flavor. There’s a reason why asparagus is at its tender-best in spring, and why blueberries are so tasty in July.

Visit a farmers market and develop a relationship with a local grower; most farmers are thrilled to share their knowledge and experience with their customers. Ask about the challenges your local farmers face and what they’re doing to address them. Ask about the weather! Any farmer will be pleased to talk about how the growing season is going and how that affects the food they grow. Get answers to questions like: When are strawberries in season? How might I use kohlrabi? What should I do with all this zucchini?

If you’re still not convinced that a Locavore lifestyle is for you …consider this: in a recent survey conducted by CNNMoney.com, 69% of respondents said that it is important to keep food dollars in their communities by buying from a farmer’s market. Buying direct from a farmer sends 90% of those food dollars back to the farm. However, although Americans spend more than $600 billion in food annually, it is most often spent at a grocery store or chain (think Super Wal-Mart, etc.) - with only about 7% of local food dollars staying in the community. The remaining 93% of the modern food dollar travels to pay processors, packagers, distributors, wholesalers, truckers and the rest of the infrastructure that a global food system demands.

More food dollars staying in the community, through buying local, translates into thriving Main Streets and local jobs. It means that more money can be spent locally by the farmer to run his/her business and home, helping to keep the local economy alive. Eating locally grown food raised by farmers who actually live in their communities. What’s not to love about that?

Note: Patricia Hawley is the market manager of the Genesee Country Farmer’s Market. The Market is open on Tuesdays & Fridays from 8 a.m. – 5 p.m. at the Batavia Downs parking lot (through October 30).

A car has run into a utility pole at 6442 Ellicott Street Road, Pavilion.

Live wires are down, and the pole is down on top of the car. No word on injuries yet.

Southbound traffic is being halted.

UPDATE 1:31 p.m.: Apparently, three people were in the car. They are now in a swimming pool near the accident scene trying to wash the glass off themselves. EMS: "We've got three victims here. They are in the pool. They appear OK other than glass."

UPDATE 2:17 p.m.: Route 63 has been reopened.

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Joseph D. Becerril, 21, of 320 Polebride Road, Avon, is charged with criminal possession of stolen property and petit larceny. Becerril was arrested at Darien Lake Theme Park for allegedly stealing items from cars in the parking lot. Becerril was jailed on $1,500 bail. The case was investigated by Deputy Jason Saile with assistance from deputies Frank Bordonaro and Howard Carlson as well as the State Police and Darien Lake security.

Joseph M. Hamm, 32, of 580 Glide Road, Rochester, is charged with DWI, driving with a BAC of .08 and unlicensed operation. Hamm was arrested after the Sheriff's Office received a report early Saturday morning of a car in a ditch off Sumner Road in Darien.

Eric P. North, 29, of 152 Linwood Ave., Amherst, is charged with DWI, driving with a BAC of .08 and failure to keep right. North was arrested following a traffic stop on Route 33 in Pembroke by Deputy Bradley D. Mazur.

Karen A. Dusky, 37, of 7158 Wright Road, Basom, is charged with DWI, driving with a BAC of .08, failure to keep right and endangering the welfare of a child. Dusky was stopped just after midnight Saturday morning by Deputy Patrick J. Reeves on Route 77 in Pembroke. She reportedly had a child under 17 in the vehicle with her.

Carrie M. Capizzi, 28, of 3300 Broadway, Alexander, is charged with DWI, driving with a BAC of .08 and failure to dim headlights. Capizzi was stopped for allegedly failing to dim headlights at 2:39 a.m. on Route 20 in Alexander by Deputy Howard Carlson.

Heather L. Leith, 30, of 3938  Risher Road, Youngstown, Ohio, is charged with DWI, driving with a BAC of .08 and inadequate headlights. Leith is also accused of with driving an unregistered vehicle, improper license plates and operating without insurance. Leith was stopped by Deputy Mazur just after midnight on Sunday morning. She was jailed on $500 bail.

A 17-year-old is charged with trespass. The youth is reportedly a former employee of Darien Lake Theme Park who had been banned from the property, yet was found in the park Sunday about 4 p.m..

Mitchell J. Atwell, 24, of 308 Mcintyre Road, Le Roy, is charged with harassment. Atwell is accused of making verbal threats during a dispute with a neighbor.

Christopher T. Herman, 30, of 39 Citation Drive, Henrietta, is charged with DWI, operating with a BAC of .08 and endangering the welfare of a child. Herman was stopped Sunday at 1:05 a.m. at a police checkpoint on Law Street. Herman reportedly had his 4-year-old son in the car.

Julian J. Matla, Jr., 45, of 35 Church St., Le Roy, is charged with DWI and operating with a BAC of .08. Malta was stopped at a police checkpoint at 11:58 p.m. Saturday.

Michael T. Ellis, 21, of 2781 School St., North Collins, is charged with DWI. Ellis was arrested by Batavia Police after allegedly failing to abide by rules set down in a conditional discharge for a previous DWI guilty plea.

Karen Grzybowski, 38, of 24 Audabon Terrance, is charged with harassment. The charge stems from an incident at 10:05 p.m. Saturday on Allegany Road in Darien. No details were provided.

Jacob R. Hennard, 20, of Bergen, is charged with DWI and operating with a BAC of .08. Hennard was stopped by State Police on Colby Road in Darien at 10 p.m. on Friday.

An off-duty Monroe County firefighter spotted a large amount of smoke on Sackett Road of Route 19 in Bergen and reported it as a possible barn fire.

The first responders from Bergen Fire Department have not been able to spot a structure fire, though a good deal of smoke is visible. They are attempting to locate the source.

Brockport and Churchville were initially dispatched as mutual aide, but have been cancelled since this is not an apparent structure fire.

UPDATE 10:35 p.m.: No clear indication what this was about, but Bergen is back in service.

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Police are responding to the 100 block of Elm Street, where a lost 6-year-old was found walking down the street crying.

UPDATE: It sounds like the child was reunited with her family.

A caller to the dispatch center reports that a telephone pole has been sheared off on Ledge Road, just east of 77, in Alabama.

"It appears to be a motor vehicle accident, but no vehicle around," according to dispatch.

Pole and wires are down on the ground.  The pole is in three different pieces.

There was a suggestion from a responder that the pole down is a result of an accident last night.

UPDATE: Alabama Fire Chief: "This is the same pole from Friday night, so I'm clear."  Notifications have already been made.

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A driver at the intersection of North Byron Road and Oak Orchard Road thought it was a four-way stop yesterday, so she proceeded across Oak Orchard Road, where her car was struck by a southbound car.

Two people suffered minor injuries in the accident. Both were transported to UMMC.

Eleanor M. Hart, 75, of 4991 Watson Road, Elba, was the driver of the second car, the one southbound on Oak Orchard. She suffered a neck injury.

One of her passengers, Burton E. Hart, 75, suffered a hip/upper leg injury.

The driver of the first vehicle, Lorraine J. Spotts, 50, of 4415 Hogmire, Avon, was uninjured in the crash.

Hart had two other passengers in her car and neither were injured: Frank Neindorf, 78, and Monica Neindorf, 72.

The accident occurred at 5:21 p.m. yesterday.

The accident was investigated by Deputy Tim Wescott.

A Pennsylvania man who was reported missing after attending a concert at Darien Lake Theme Park on Friday was found dead early Sunday morning in Sunshine Lake by scuba divers investigating his disappearance.

The death of William "Billy" Sutherland, 33, of Bradford, Pa., is not considered suspicious at this time, but the investigation continues.

Sutherland attended the Toby Keith and Trace Adkins concert Friday, but became separated from his friends. The group spent several hours looking for him, but eventually returned home.

When Sutherland did not return to Bradford Saturday, his family and friends drove back to Darien Lake to look for him and contacted the Genesee County Sheriff's Office to report him missing.

After interviews with friends and family, the Sheriff's Office concentrated its search in the parking area, especially in the area of Sunshine Lake, which is located within the parking area.

There is no word on how long the search took. His body was found by divers at 1:30 a.m..

The Sheriff's Office was assisted by the security staff of Darien Lake, the Darien Volunteer Fire Department, the Alden Fire Department's water rescue team, and the Genesee County Office of Emergency Management.

A person has been stabbed near the beer gardens at Darien Lake Theme Park.

The victim's leg was cut by the knife and the artery was hit.

UPDATE: FWIW, at Darien tonight is "Cruefest – Motley Crue with Godsmack," and it appears to be the final concert on the Darien Lake schedule for the season.