batavia

A caller reports a suspicious condition to emergency dispatch: a car is parked off Ellicott Street, on "an extension road" by St. Joseph's Cemetery and it's been there for half an hour. It's "occupied and it's going up and down." Police are responding to investigate.

The three Batavia men arrested in February for running an illegal gambling operation, including two city firefighters, have entered guilty pleas in city court today to a Class A misdemeanor charge of promoting gambling, 2nd.

The pleas are a dramatically reduced from the Class B felony of enterprise corruption, which the case was elevated to in April.

Gregory Phillips and Brian Bordinaro, both veteran city firefighters, along with Lance Engel, a cook with the state's veterans home in Batavia, were originally arrested on a felony charge of criminal possession of gambling records in the first degree, a Class E felony. Philips was also accused of possessing a small amount of cocaine and charged with criminal possession of a controlled substance, 7th.

The Class B felony carried a maximum penalty of 8 to 25 years in state prison.

City Court Judge Robert Balbick's sentencing options include everything from an unconditional discharge to a year in county jail, including a combination of a shorter jail term and a term of probation.

As part of the plea deal, all three men agreed to resign their government jobs.

Attorney Larry Andolina, representing Phillips, said the charge his clients pled guilty to was exactly what they should have been charged with in the first place.

"I just don’t think gambling is that serious of a crime considering all of the gambling that goes on by the state, various lottery tickets, horsing racing, casinos … times need to be changed," Andolina said.

When the case first became public, investigators said gambling records indicated the trio was running a wide-ranging bookmaking operation that covered a variety sports, had numerous clients and turned over about $1 million in wagers. The trio was alleged by investigators to have taken in $80,000 in profits.

Andolina said none of that was true.

"It's all nonsense," Andolina said. "This was little people, betting, gambling on football games. It was blown so out of proportion, which is why it ended up being a misdemeanor."

At the first court appearance that Andolina and his fellow attorneys made on behalf of their clients, District Attorney Lawrence Friedman turned over thousands of pages of "discovery" -- the evidence the government has supposedly gathered against the defendants.

Andolina said the discovery failed to substantiate the original charges.

Friedman was not in court today, was out of the office and has not responded to a request for comment.

Sheriff Gary Maha said his investigators felt they had a solid case that could substantiate the felony charges or they wouldn't have made the arrests.

"We have many cases in which we make an arrest and then the case is pled down," Maha said. "It's our job to make the arrest. It's the DA's job to decide what to do with the case."

The Class A misdemeanor of promoting gambling is the lowest level crime under Article 225, New York's gambling penal code.

Joseph LaTona, attorney for Engel, said there was nothing unusual at all about the plea bargain. He characterized it as a "garden variety" plea.

"I’ve practiced criminal defense law for almost 40 years in Western New York and for individuals without a prior criminal history, for a first-time gambling offense, this is par for the course," LaTona said. "I’ve had many dispositions identical to this throughout many counties in Western New York.  It’s not unusual. It’s typical."

Sentencing on all three defendants is set for March 5.

One decision Balbick will be asked to make in the case of Phillips is to declare what Andolina called a "release from liabilities." He said Phillips has an opportunity for another job and a release from liabilities allows a person convicted of a crime to still be licensed in New York for some types of jobs. Andolina said the job prospect for Phillips is in the private sector.

Phillips and Bordinaro had 17 and 18 years on the job and would have been eligible for a New York State pension if they had completed 20 years of employment.

Both, they said in court, have already resigned from their city jobs.

Photos: Top, Bordinaro, center, with Andolina, right and Greg Ireland, president of IAFF Local 896. Inset, Phillips.

Benjamin Authur Tribunella, 18, of Spencerport Road, Rochester, is charged with criminal possession of a controlled substance, 7th, unlawful possession of alcohol by a person under age 21 and promoting prison contraband, 1st. Tribunella's vehicle was stopped at 4:28 p.m. Monday on Route 33, Stafford, for an alleged equipment violation by Deputy Joseph Corona. During the traffic stop, Tribunella was found to allegedly possess a controlled substance and alcohol. While being processed into the Genesee County Jail, Tribunella was reportedly found in possession of an additional controlled substance that he allegedly tried to conceal.

Randy Kevin Wilmet, 35, of Franklin St., Batavia, is charged with falsely reporting an incident. Wilmet is accused of providing false information regarding a vehicle accident at 5:18 a.m., Oct. 21, in the Town of Bergen. Wilmet reportedly was a passenger in the vehicle. Also charged was Matthew James Reed, 28, of State Street, Batavia.

Joshua David Kritz, 24, of Lyndale Court, West Seneca, turned himself in on a bench warrant out of the Village of Corfu Court for allegedly violating a conditional discharge on a DWI arrest. Kritz was jailed on $500 bail.

Gregory Stephen Halifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd. Halifax is accused of violating an order of protection.

Rochel J. Johnson, 31, of Pembroke, is charged with harassment, 2nd. Johnson was arrested by State Police in connection with an alleged incident reported at 6:20 p.m., Oct. 26. No further details were released.

With the announcement this morning from the Batavia Area Jaycees of their annual Christmas lights display winners, I drove through Batavia this evening and got pictures of the five houses.

Above, 108 Ellsworth Ave., the traditional winner.

16 Vine St., most colorful.

101 Naramore, overall winner.

23 Meadowcrest Drive, most commercial.

20 Valle Drive, simple and elegant.

I also drove by 19 Trumbull Parkway, the honorable mention, but the lights weren't on.

According to this Facebook group, there will be a candlelight vigil in memory of Collin Crane from 4 to 5 p.m., Tuesday, at Batavia HS.

Crane, 17, a senior at Batavia HS, died Saturday night in a car accident on Route 33, Stafford.

Meghan McCormick created this video tribute to Collin Crane and posted it on YouTube.

Crane, 17, a senior at Batavia HS, died Saturday night in a car accident on Route 33, Stafford.

Justin M. Wotherspoon, 26, of Gibson Street, Oakfield, is charged with felony DWAI, aggravated unlicensed operation and criminal possession of a controlled substance, 7th. Witnesses reportedly observed a vehicle allegedly driven by Wotherspoon operating in an erratic manner on Lewiston Road, heading from Batavia to Oakfield. The vehicle reportedly traveled over fog lines before going off the roadway on the opposite side of the road, then traveled a short distance in the ditch before reentering the roadway. Witnesses followed the vehicle to a residence in the Village of Oakfield and waited for police to arrive. Wotherspoon was allegedly found in possession of several prescription medications that were not his.

Stacey N. Cino, 24, of 22 Old Meadow Lane, Batavia, is charged with aggravated harassment, 2nd. Cino is accused of sending harassing and annoying text messages to another person. Batavia PD reportedly previously advised Cino not to have further contact with that person.

Sharon Y. Sharman, 41, of 8487 Seven Springs Road, Batavia, is charged with criminal contempt, 2nd. Sharman is accused of violating an order of protection. Sharman allegedly contacted, repeatedly, the person covered by the order of protection.

Nathan A. Dowty, 23, of Arpin, Wis., is charged with DWI and driving with a BAC of .08 or greater. Dowty was allegedly observed by a Le Roy police officer in the Fire Star Bank parking lot on West Main Street, Le Roy, driving the wrong way in the drive-thru lane and striking the curb. Dowty was jailed on $500 bail.

Thomas C. Zimmer, 36, of 3 1/2 Thomas Ave. Batavia, was arrested for allegedly failing to abide by a release under supervision contract. Zimmer was located at the Wyoming County Sheriff's Office and turned over to Batavia PD on a bench warrant. Zimmer was jailed on $1,000 bail.

Andrei P. Sliker, 21, of 318 W. Main St., Batavia, was arrested on a bench warrant for alleged failure to appear. Sliker was located in Le Roy by Le Roy PD and turned over to Batavia PD. Sliker was jailed on $300 bail.

Thomas M. Moe, 37, and Todd J. Corron Jr., both of Pleasant View Avenue, Syracuse, are charged with unlawful possession of marijuana. Moe is also charged with operating on a suspended registration. During a traffic stop on Route 5, Pembroke, Moe was allegedly found with a bag of marijuana in his pocket and remnants of marijuana cigarettes in his vehicle. Corron allegedly possessed a bag of marijuana in his pocket. The traffic stop was conducted by Deputy Lonnie Nati with assistance from Deputy Brian Thompson and K-9 "Pharoah."

Steven Michael Witkop, 46, of State Street, Medina, is charged with felony driving while impaired by druges with a child less than 16 in the vehicle, driving impaired by drugs and endangering the welfare of a child. Witkop was stopped by Deputy Joseph Corona on Bank Street, Batavia, following a complaint of a vehicle being driven erratically.

Sam Michael Cassidy, 21, of Montclair Avenue, Batavia, is charged with trespass. Cassidy is accused of being on College Village property after previously being barred from the property.

Brandon Nicholas Benz, 17, of Clinton Street Road, Batavia, is charged with criminal contempt, 2nd. Benz allegedly left a threatening message about the victim on his Facebook wall after being served an order of protection. Benz was jailed on $750 bail.

Anthony Paul Dibble, 23, Bethany Center Road, Bethany, is charged with burglary, 2nd, criminal mischief, 4th, and harassment, 2nd. Dibble allegedly kicked in the door of another person's apartment, entered without permission and while in the apartment destroyed a bathroom door and struck two other people during an altercation. Dibble was arraigned on $2,500 bail.

Jeffrey Michael Johnson, 24, of Farnsworth Avenue, Oakfield, is charged with endangering the welfare of a child, criminal possession of a controlled substance and possession of a hypodermic instrument. Johnson was allegedly found in possession of heroin, hypodermic needles and unidentified pills lacking proper documentation or containers. Johnson was allegedly supervising a child at the time. Also charged was Lauren Marie Peters, 22, of Martin Road, Akron.

Members of the Batavia Area Jaycees drove around the City of Batavia and found what they judged to be the best Christmas light displays in the following categories:

• Traditional: 108 Ellsworth Ave.
• Simple & Elegant: 20 Valle Drive
• Most Commercial: 23 Meadowcrest Drive
• Most Colorful: 16 Vine St.
• Overall: 101 Naramore Drive

The first night of Taste of the Holidays in Downtown Batavia had hundreds of people turn out to sample food from local restaurants and visit downtown merchants.

The event continues from 11 a.m. to 3 p.m., Saturday, with Jason the Juggler, music by Bart & Kevin, and horse and wagon rides.

Donors drove up to Ken Barrett Chevrolet and Cadillac today by the dozens to deliver presents for Genesee County youngsters who might not otherwise get a visit from Santa and filled up two pickup trucks with new toys.

It was one of the biggest hauls for the toy drives in recent years.

Besides a big donation from Genesee ARC, the folks at Lawley Genesee (above) turned up in a Mancuso limo on the way to a Christmas party and dropped off several toys.

Pictured above are Lt. Marty Hinz and Chuck Harmon, of the City of Batavia Fire Department, Beth George, Nancy Hale, Patricia Kurtz, Tom Ditzel, Marissa Weaver, Susie Boyce, Wendy MacKay, Kim Morello.

Dan Fischer of WBTA with Kurtz.

Firefighter Green and Mary Blevins, manager of the Batavia branch of Key Bank.

Blevins with WBTA's Sloan Martin.

Edward and Beverly Corcoran were honored today by the UMMC Foundation and the Jerome Foundation with the 28th annual Health and Humanitarian Award.

The Corcorans founded and run Stephen’s Table, a soup kitchen that provides lunches six times a week, on average to 30 people a day.

The Corcorans prepare the meal each day. A typical lunch is homemade soup, sandwich, fruit, dessert and beverage. Volunteers help serve the meal. Ed and Beverly spend hours each week visiting local businesses that donate food to Stephen’s Table. Mrs. Corcoran also completes reports and correspondence.

The lunch was held at Terry Hills.

Trevon L. Armstrong is indicted on counts of burglary, 2nd, criminal possession of stolen property, 4th, two counts of criminal mischief, 4th, falsely reporting an incident, 3rd, six counts of forgery, 2nd, three counts of offering a false instrument for filing and tampering with a witness, 4th. Armstrong is accused of entering a residence on East Avenue on Oct. 9 with the intent to commit a crime inside the residence. Armstrong is accused of possessing stolen property, a 46-inch Hisense LCD TV, a HP laptop computer and two boxes of jewelry. Armstrong is accused of damaging a window at the East Avenue property, as well as a door. Armstrong is accused of falsely reporting a burglary at a neighboring residence. He is accused of falsely implicating another person in possessing the stolen property. He is accused of signing a fake name on a fingerprint card, a witness statement and a deposition, as well as other government documents. Armstrong also allegedly tried to keep another person from testifying before the grand jury.

Earl F. Sprague III, is indicted on a count of criminal solicitation, 2nd. Sprague is accused of trying to engage another person in a Class A felony, murder in the second degree.

Janet M. Brady is indicted on counts of felony DWI, felony DWI with a child under age 15 in the car. Brady is accused of driving drunk Aug. 9 in the parking lot of Darien Lake Theme Park, Darien.

Martin F. Jones is indicted on counts of felony DWI, two counts of aggravated unlicensed operation and criminal mischief, 4th. Jones is accused of driving drunk Oct. 9 in the City of Batavia in the parking lot of Settler's Restaurant and Hess Mart. He is accused of damaging property at Settler's Restaurant with a value that exceeds $250.

Dennis E. Hopkins is indicted on charges of burglary, 3rd, and grand larceny, 4th. Hopkins is accused of entering a residence in February on Lewiston Road, Batavia, with the intention of committing a crime inside. He is accused of stealing $2,000 in cash.

Guillermo Roman Roque is indicted on three counts of incest, 3rd. Roque is accused of having sexual relations with a person he knew to be a family relative.

Elaina J. Mead is indicted on counts of menacing a police officer, assault, 2nd, criminal possession of a weapon, 3rd, and obstructing governmental administration, 2nd. Mead is accused of placing a knife to the chest of a deputy while attempting to block the arrest of her son, Michael Mead Sr., on June 17. Mead is accused of intentionally injuring a Le Roy police officer with a knife. She is accused of unlawfully using a knife as a weapon. She is accused of attempting to prevent the arrest of another person.

James Smith Jr.,  is indicted on counts of criminal possession of a weapon, two counts of menacing, 2nd, and assault, 2nd. Smith is accused of using a weapon with the intent to injure another person. He allegedly displayed a knife. He allegedly injured another person using a knife on July 22.

Submitted by Tom Ingalsbe:

Members of the Batavia Teachers' Association pose for a picture at the culmination of their "No Shave November" competition. The competition raised nearly $200 for Anna's Wish and the Kay Dean Memorial Scholarship Fund. For more information on Anna's Wish, please go to http://www.annaswish.org/.

Press release:

Local entrepreneur Tim Walton, has decided to pull the plug on bringing a teen nightclub to Batavia after many hurdles and a bigger opportunity.

Walton had plans to turn the former Powerhouse Gym into a 7,500-square-foot venue that would cater toward the under-21 crowd, bringing them dances, parties and other events to keep them out of trouble.

The process had been delayed several times by the city due to codes that had to be met.

"We installed a sprinkler system, then needed another entrance, so we made that, then needed this and that, and things just kept adding up," Walton said.

Despite the setbacks, Walton said that the main reason for pulling the plug was due to bigger opportunities that were presented to him.

Walton recently took over as marketing and events director at LUX Nightclub in Buffalo.

"I got an offer that I couldn't turn down," Walton said. "It's the largest nightclub in the area so it's a great opportunity to do what I love to do."

The building at 624 E. Main St, which Walton had leased for a little over a year, has been put back up for lease by building owner Ken Mistler and Walton still has hopes to see something similar in there.

"It's a great wide-open structure that would be a great business opportunity for the right person, and I'd even be willing to help promote it if something were to come about in there," Walton said. 

Although the club is no longer in the works, Walton still hasn't given up on bringing quality entertainment to the area.

"It's something that people enjoy and it's something I have the experience to bring to the city," he said.

Currently, he has scheduled for Buffalo Bills wide receiver Stevie Johnson to make an appearance at City Slickers. The appearance will be headlined by Johnson's cousin, national recording artist YB the Rockstar (Ya Boy) and Batavia native DJ Macy Paradise. The event is set for Dec. 21. That event is sponsored by IR Systems DirecTV and The Batavian.