batavia

A 29-year-old Batavia resident has been charged with a hate crime after he allegedly hurled homosexual insults and got into a fight with an acquaintance.

John Gerald Crosby, of Wood Street, Batavia, was charged under section 240.30 (3) of the NYS penal law, which makes it a crime to get into a physical altercation with a person because of the person's real or perceived "race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation."

Aggravated harassment is a Class A misdemeanor with a possible sentence of up to one year in jail.

Deputy Chief Gordon Dibble said according to the report, Crosby's conduct could be described as "direct and in your face and repeated," but declined to provide details citing the ongoing legal process.

"It was pretty intense from what I read in the report," Dibble said. "It's certainly not something somebody should have to put up with."

While hate crime charges in Genesee County are rare, they do happen from time to time, Dibble said.

The incident is alleged to have occurred at 11:45 p.m., April 20, at a location on Lewiston Road, Batavia.

Crosby was arraigned Friday in Town of Batavia Court and released on his own recognizance pending an appearance May 21.

Gorge L. Correa, 19, of 72 Ward St., F, Rochester, is charged with criminal possession of a weapon, 4th, trespass and possession of marijuana; Arami Morales, 16, of 72 Ward St., F, Rochester, is charged with harassment, 2nd, resisting arrest and trespass; Markeef H. Royal, 23, of 9 Beechwood St., Rochester, is charged with trespass; Joshua L. Burris, 22, of 21 Baumen St., Rochester, is charged with trespass; Malik J. Johnson, 19, of 916 Plymouth Ave., Rochester, is charged with trespass. The five suspects were arrested after Batavia PD responded at 6:40 a.m., Sunday, to a report of a disturbance at the Batavia Gardens Apartments, 679 E. Main St., Batavia. Morales is accused of hitting Officer Darryl Streeter. Further investigation led to the alleged discovery of a handgun and marijuana in the vehicle of Correa. Burris was turned over to Rochester PD on an arrest warrant. Correa and Morales were arraigned in Batavia City Court and jailed on $5,000 bail each.

Joel D. Prouty, 25, of Maple Avenue, Oakfield, is charged criminal contempt, 1st, unlawful imprisonment, 2nd, and criminal mischief, 4th. Prouty is accused of violating an order of protection by slammng a woman who is seven-months pregnant into a doorway and threatening to punch her in the stomach. Prouty also allegedly smashed the woman's mobile phone while she tried to call 9-1-1 and restrained her against her will. Prouty was jailed on $5,000 bail.

Gary Robert Dean, 61, of Buffalo Street, Alexander, is charged with felony aggravated unlicensed operation, DWI and a violation of unlicensed operation. Dean was stopped at 9:32 p.m., April 4, on Broadway Road, Alexander, by Deputy Howard Carlson.

Marquis Kwanaine Saddler, 21, of Brockport-Spencerport Road, Sweden, is charged with violation of sentencing conditions. Saddler was arrested by Village of Brockport PD on a warrant out of Batavia City Drug Court and jailed on $100,000 bail.

Raymond Kyle Jonathan, 23, of Bloomingdale Road, Alabama, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 2nd, unlicensed operator and failure to stop at stop sign. Jonathan was arrested by Deputy Kevin McCarthy following an investigation into a rollover accident at 3:17 a.m., Sunday, at 890 Judge Road, Basom.

Tara L. Hall, 33, of 132 State St., lower, Batavia, is charged with two counts of harassment, 2nd. Hall is accused of threatening two people.

Jennifer L. Stack, 25, of 5861 Walkers Corners Road, is charged with failure to appear. Stack was arrested after being located at an apartment on South Main Street during a disturbance at that location. Stack was jailed on $500 bail.

Sky M. Lewis, 18, of 38 Walnut St., lower, Batavia, is charged with endangering the welfare of a child. Lewis is accused of fighting with another person while in the presence of two young children.

Shawn Michael Kwiatek, 33, of Alleghany Road, Darien, is charged with unlawful dealing with a child. Kwiatek is accused of bringing alcohol to a party and serving it to people under age 21.

Genesee County children were invited to the YMCA today to kick-off spring and summer with Healthy Kids Day, a free community event where children could play, exercise, meet firemen, the Muckdog's mascot and learn about healthy choices.

Today you can get rid of outdated or unneeded medications safely with no questions asked at drug drop-off points throughout the county.

There is one behind the Batavia PD station, one at the Le Roy PD and Pembroke Town Highway barn on routes 5 and 77.

Drugs can be dropped off until 2 p.m.

Dozens of local residents walked through downtown late this evening in memory of crime victims as part of Crime Victims Week. After the walk, people gathered at City Centre for a talk by Sandie Bellows, a survivor of a harrowing crime.

Coffee Culture won the Spirit of Downtown Business Award on Friday, presented by the Business Improvement District.

Brenda Richardson (center in the photo above), manager of Coffee Culture, accepted the award and was praised for her efforts to make Coffee Culture a vital part of downtown life and business. 

Another Spirit of Downtown Business Award went to Tonawanda Valley Federal Credit Union and the BID Volunteer Award went to Susan Blanchard. Blanchard is out of town and accepting on her behalf were Travis Minor and Carolyn Pratt.

Dorian Ely, of the Genesee County Office for the Aging, was also presented with a BID Volunteer Award, for her the time and effort she volunteers for the BID.

BID Director Don Burkel

BID President John Roche

Design Committee Chair Victor Gautieri

Promotion Commitee Chair Mary Valle

Steven M. Mogle, 56, of 28 Greenbriar Drive, Lancaster, is charged with menacing, 2nd. Mogle was charged after he allegedly brandished a handgun during an argument over a parking spot with another driver at Tully's on East Main Street, Batavia. Mogle has a NYS pistol permit for the weapon.

Stacy Lynn Maholick, 24, of Route 20 Alexander, is charged with falsifying business records, 1st, and petit larceny. Maholick is accused of completing 11 false merchandise returns and taking cash for the returns while employed at Radio Shack on Veterans Memorial Drive, Batavia.

Brian Paul Griffen, 27, of South Pearl Street, Oakfield, is charged with burglary, 3rd, and grand larceny, 4th. Griffen was arrested in connection with an alleged incident reported at 11 p.m., June 7. No further details were released.

Jacob W. Johnson, 24, of 2609 School St., East Pembroke, is charged with criminal contempt, 2nd. Johnson is accused of harassing a woman who is protected by a court order.

The Batavia Kiwanis Club and the Genesee County Bar Association held their annual Law Day dinner at Bohn's Restaurant on Wednesday night.

Deputy Brian Thompson (top photo) received the Kathy Seymore Volunteer Service Award.

Winners of Criminal Justice Awards were: Andre R. Dunlap, investigator, New York State Police Troop “A”; David E. Gann, retired from the Genesee County District Attorney’s Office (second photo); Edward M. Minardo, currently jail superintendent; Michael A. Messina, chief of police, Buffalo/Batavia Veterans Administration Police Forces, and Colleen M. Marve, coordinator, Justice for Children Advocacy Center.

The Pembroke High School Mock Trial Team was honored for winning the regional championship (third photo).

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

After the jump (click on the headline), the press release for the awards:

Press release:

Kiwanis President David Chua announced the awards during a dinner held at Bohn’s Restaurant on Thursday, April 26, 2012. The awards dinner was held in partnership with the Genesee County Bar Association during its observance of Law Day. The honored speaker at the dinner was Hon. Robert C. Noonan, Genesee County Court judge.

Description of the Award

The Kiwanis Club of Batavia Criminal Justice Award is presented to a member of the community, law enforcement, or a criminal justice agency serving the citizens of Genesee County whose exceptional career achievements and conscientiousness to citizenship have demonstrated a spirit of selfless public service or demonstrated an act of exceptional valor or heroism.

2012 AWARD RECIPIENTS

Andre R. Dunlap – Investigator, New York State Police Troop “A”
Investigator Dunlap is a 21-year veteran of the New York State Police.  Throughout his illustrious career, Investigator Dunlap has received numerous letters of appreciation from the public and partner police agencies for his professionalism and superlative law enforcement service. Investigator Dunlap is a recipient of the Lila McNall Award for his outstanding contribution to the Children’s Services Division of the Genesee County Department of Social Services and a past recipient of Genesee County MADD award for superb DWI enforcement. He is a member of the Kiwanis Club of Batavia and a participant in the Ride for Roswell. Investigator Dunlap continues to serve the citizens of Genesee County in a professional and civic manner and was nominated for this award by New York State Police Captain Steven Nigrelli.

David E. Gann – Genesee County District Attorney’s Office (retired)
David E. Gann was a member of the Genesee County District Attorney’s Office for 31 years prior to his retirement on December 30, 2011. Mr. Gann served as Sr. Assistant District Attorney and had vast trial and case appeal experience. He was responsible for the prosecution of several major felony drug cases and was an authority on D.N.A. evidence. David Gann was an ultimate public servant, never shying away from extra work. He was available on a 24/7 basis for law enforcement agencies and was regularly called out in the middle of the night to draft search warrant applications and provide legal advice to police. His ethics, intelligence, knowledge of the law and dedication to his job earned him the well-deserved respect of the judiciary, law enforcement and colleagues. In January 2012, Mr. Gann was awarded the prestigious Robert M. Morgenthau Award presented to him by the District Attorneys’ Association of the State of New York in recognition of his many accomplishments. Mr. Gann was nominated for this award by District Attorney Lawrence Friedman.

Edward M. Minardo – Genesee County Sheriff’s Office
Edward M. Minardo currently serves as jail superintendent of the Genesee County Jail. He served as director of Genesee Justice from 2005 through 2010 when he voluntarily relinquished his job in order to meet budgetary constraints and keep Genesee Justice programs intact. Mr. Minardo kept a positive attitude and was instrumental in establishing the Genesee Justice Foundation in hopes of raising funds for Genesee Justice. He also plays an important role in raising funds for the Child Advocacy Center and is a believer in restorative justice.   During his tenure as director of Genesee Justice, Ed served as chair of the Genesee County Criminal Justice Council, promoting cooperation and collaboration of all criminal justice and support agencies within Genesee County.  Mr. Minardo is president-elect of the Kiwanis Club of Batavia and was nominated for this award by Sheriff Gary T. Maha.

Michael A. Messina – Chief of Police, Buffalo/Batavia Veterans Administration Police Forces
Michael A. Messina is currently chief of police for the Buffalo and Batavia Veterans Administration Police Forces. Under Chief Messina’s leadership, the Batavia V.A. Police Force has become an important partner in our local criminal justice community. Chief Messina has established relationships with area law enforcement and service organizations, which benefits our community. During National Crime Victims’ Rights Week, Chief Messina provided resources and information on the topic of “Coming Home….Challenges and Opportunities for Returning Veterans." He also assisted with organizing and participating in this excellent program. Chief Messina exemplifies the conscientiousness to citizenship and spirit of selfless public service. Chief Messina was nominated for this award by Batavia City Police Detective Sergeant Patrick Corona.
       
Colleen M. Marvel – Coordinator, Justice for Children Advocacy Center
Colleen Marvel started working for Genesee Justice in 1999. In 2000, she was assigned to the Justice for Children Advocacy Center and in 2001 became its coordinator. Colleen put her heart and soul into the Child Advocacy Center and worked tirelessly to assist and serve sexually abused children from the GLOW area. She worked very closely with law enforcement, social services, district attorneys and other support agencies in the quest to prevent sexual child abuse and to prosecute those who committed such crimes. She made herself
available 24/7, whenever the Child Advocacy Center was needed. Colleen has a bachelor’s degree in Professional Studies from SUNY Plattsburg and resides in the Town of Pavilion with her 5-year-old daughter, Grace. Colleen will be leaving the Child Advocacy Center on May 11, 2012, as she has accepted a position in Wyoming County. Ms. Marvel was nominated for this award by Sheriff Gary T. Maha.

Kiwanis President Dave Chua presented the awards on behalf of the Kiwanis Club of Batavia.

CHARLES L. MANCUSO AWARD

The Charles L. Mancuso Award was presented to the members of the Pembroke High School Mock Trial Team as winners of the 2012 GLOWS (Genesee, Livingston, Orleans, Wyoming and Steuben counties) District Competition in the New York State Bar Association High School Mock Trial Tournament. The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen”, Mr. Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death six years ago. The Pembroke High School team members honored at the dinner include: Patrick Burns, Dean Cullinan, Cale Fryer, Rachel Seweryniak, Joelle Fugle, Brett Jones, Andrew Reynolds, Brandon Kohorst, Benjamin Reiner, Christian Burns, Justin Sformo, Eva Reda-Kendrick, Sabrina Sanner and Karen Glomb.

Genesee County District Attorney Lawrence Friedman, who serves as coordinator of the local Mock Trial Program, and Genesee County Bar Association President Durin Rogers presented the award.

KATHY SEYMOUR VOLUNTEER SERVICE AWARD

The Genesee Council on Alcoholism and Substance Abuse (GCASA) presented its Kathy Seymour Volunteer Service Award during the dinner. This award is presented to a citizen, volunteer, law enforcement officer or emergency medical service provider whose actions and commitment have helped to make our community a safer place. This year’s award was presented to Deputy Brian A. Thompson of the Genesee County Sheriff’s Office. Deputy Thompson has served for many years as a volunteer on the DWI Victim Impact Panel and speaks of the consequences of being arrested for DWI.

The award was presented by Barbara Maryniak, Victim Impact Panel coordinator, GCASA.

A caller reports that a person got into an argument over a parking space at Tully's restaurant on Main Street in the city and brandished a black 22-caliber semi-automatic pistol. Batavia police are responding to the complaint.

John Gerace, who has served on the Town of Batavia Board for more than 16 years, resigned his position more than a week ago.

No reason has been given for his resignation.

Supervisor Greg Post confirmed Gerace's resignation today but declined to comment further.

Post said the board has not yet decided on a process for filling the vacant position.

Gerace could not be reached for comment.

Photo: File photo.

Robert J. Eppolito is going to be out of the community and in prison for many years -- from eight to 11 -- following his sentencing on two criminal charges in county court today.

The 29-year-old Batavia and Le Roy resident has been in trouble with the law a few times in recent years and and in January he entered a guilty plea to assault, 2nd.

Eppolito previously admitted he punched and kicked a victim in Le Roy.

On the assault charge, Judge Robert C. Noonan gave Eppolito seven years in state prison. The sentence will be served consecutively with a violation of probation sentence of one to three years.

A woman reportedly involved in a motor-vehicle accident in Pavilion early Wednesday morning has been accused of using her mobile phone while driving and doing that while she was drunk.

Alexandra Rae Wood, 21, of McCall Road, Batavia, allegedly had a BAC of .18 or greater when she drove her car into a ditch on Route 19 at 2:34 a.m.

She has been charged with DWI, driving with a BAC of .18 or greater, unlawful possession of marijuana, moving from lane unsafely and unlawful use of a mobile phone.

Wood was issued an appearance ticket and released.

The accident was investigated by Deputy Jason Saile.

A former Thorpe Street resident who was convicted of breaking into the unoccupied Maple Street apartment of a man jailed on drug charges was sentenced to eight years in prison today.

Eric P. Doleman, 41, pled guilty in February of second-degree burglary and first-degree aggravated unlicensed operation of a vehicle.

Doleman will serve one-and-a-third to four years concurrently on the aggravated unlicensed operation charge, and after his release from prison he will be under court supervision for five years.

The convictions stem from breaking into the home of Edward R. Freida on Dec. 29. Doleman entered the apartment through a window while his accomplice, Frederick H. Robidoux Jr., waited outside. A neighbor spotted the men loading up a truck with items from the residence and reported this to police. Robidoux was sentenced last week to six years in prison for attempted burglary.

Freida, who is still in jail, was allowed to speak at today's sentencing. Wearing an orange jail jumpsuit and in shackles, Freida asked Genesee County Court Judge Robert C. Noonan to impose the maximum sentence allowable -- eight years.

"I treated this guy like family," Freida said with a clear, emphatic voice. "I gave him food and a place to crash. I'm in jail and then he turns around and robs me."

Then a man in the gallery, who told an attorney he was Doleman's brother, yelled out to Freida "You did your own crime. Did the DA give you a plea deal?"

Noonan asked the man if he wanted to stay in the courtroom and be quiet or leave. The man said he wanted to stay. A deputy walked over to the man and stayed there for the remainder of the sentencing.

"I would not be in jail if not for the defendant," Freida continued.

The judge said he would not consider the statement in determining Doleman's sentence.

"I am not imposing sentence in any fashion because of Mr. Frieda's comment that he's incarcerated because of Mr. Doleman," Noonan said.

Defense attorney Terry Falk asked for the minimum prison time allowable in this case, five years. He said Doleman has never before been convicted of a Class E felony, only misdemeanors, and that the defendant has been cooperative with law enforcement agencies.

"His mother is 64 and she has COPD, and she has fluid around her heart," Falk said, adding the obvious -- that the chance that Doleman's mother will die while her son is in prison increases with a longer sentence.

The matter of restitution was debated and Falk said that although the DA's office requests around $4,000 only $292 can be documented as the material loss resulting from the crimes.

The judge told Falk that the approved plea agreement states that the restitution the DA asked for would be ordered or the DA could withdraw his consent for pleading guilty.

Thus, the defense consented to restitution of $3,810.31, for which Robidoux is jointly responsible.

When asked if he wanted to speak before sentencing, Doleman said "I apologize beforehand. I will be a good citizen upon my release."

The judge was disinclined to believe him, citing Doleman's lengthy history of run-ins with the law.

"You have a very consistent record of breaking the law -- for 20 years," Noonan said, adding that Doleman's lawyer "negotiated a good deal."

Press release:

Artisan dairy manufacturer Alpina Foods has announced its yogurts will be available at Tops Friendly Markets, a leading grocery retailer in Upstate New York State and Northern Pennsylvania. The supermarket chain will carry Alpina Revive Greek Yogurt and Bon Yurt by Alpina at all Tops Friendly Market locations starting this month.

“We are excited to see our products on the shelves at Tops Friendly Markets,” said Alpina Foods General Manager Carlos Ramirez. “This relationship allows us to expand the availability of our yogurt as the demand for quality dairy products increases and the construction of our Batavia, New York dairy manufacturing plant nears completion.”

“Tops is proud to be the first grocery retailer in the area to carry Alpina Foods’ yogurts,” said Cathy Shifflett, Tops VP Center Store Sales and Marketing. “At Tops Friendly Markets, we’re committed to partnering with local brands such as Alpina Foods to bring quality products into communities throughout New York and Pennsylvania.”

Alpina Revive is an authentically strained, all-natural and non-fat Greek yogurt that packs an impressive 15 grams of protein in every cup. It contains simple ingredients such as milk and active yogurt cultures, is low in sugar and carbohydrates, and contains no artificial ingredients, sweeteners or flavors. Alpina Revive is paired with one-of-a-kind, chef-crafted granolas in four blends: antioxidant, superfoods, tropical, and Chai spices. 

Designed for the kid in all of us, Bon Yurt by Alpina is a creamy, traditional-style yogurt rich in protein and calcium but with a bit of fun in the mix. Paired with timeless cereal favorites like frosted flakes, cocoa rice, fruit rings and cookie bits, makes Bon Yurt by Alpina sure to please both parents and kids.

We seemed to have gotten a little bit of spring back today and Monday's snowstorm and yesterday's hail doesn't seem to have done much damage to all the various flowering trees around the city.

Above, Richmond Memorial Library, and bottom photo, behind 400 Towers on Swan Street.

Press release:

Batavia Downs Casino is pleased to announce that its 27 million dollar expansion has been approved by the New York State Lottery. The expansion, which is slated to begin immediately, will consist of repairs to the roof, replacement of the facility’s neon sign with an energy-efficient LED one, and most notably, the facility’s second-story gaming floor will be brought down to ground level.

The project is expected to be one of the largest construction projects in Western New York this year.

“We are pleased to begin this long-anticipated project," said Mike Kane, president of Western Regional Off-Track Betting and Batavia Downs Casino. “The construction will create jobs both during the building of our new facility and inside the casino once the expansion is completed."

Since 2005, Batavia Downs Casino has contributed more than 107 million dollars to New York State Education through the lottery and more 71 million has been distributed to the 15 counties of Western New York and the two cities of Buffalo and Rochester.

"The expansion will add about 200 machines to the gaming floor, and we expect an increase in the yearly payments given back to the citizens of New York State," Kane said.

New restaurants will also be added to the facility.

“The Thurman Thomas Sports Bar will give local sports fans a new, unique place to cheer on their favorite teams while enjoying food, drink and local musical entertainment” said Director of Marketing Ryan Hasenauer.

The Tim Horton’s currently on the second floor would be expanded once it occupies its new space on the first floor. Batavia Downs Casino’s Ambassador will have his own space on-site as well.

The death in February of a Batavia mother remains a mystery, but friends are organizing a fundraiser May 10 to benefit her children.

Alyce Huntoon, 24, was found unconscious in her car Feb. 8 and pronounced dead some time later.

Huntoon was the mother of two young children.

Det. Pat Corona said today that the investigation into her death remains active and investigators work on the case almost daily, mostly in interviews, tracking down information on every lead that comes into the police.

Toxicology results should be available within two or  three weeks.

Corona admitted that as an investigator it's frustrating to be gathering information without knowing the cause of death, which makes it harder to know which information is key and which is irrelevant.

Determining a cause of death will help focus the investigation.

The fundraiser May 10 will be at Tully's on Main Street, where Huntoon was employed at the time of her death.

Proceeds will benefit Ava and Maddy, Huntoon's children, according to Amanda Holley, who is helping organize the fundraiser.

It will include a 50/50 raffle and the fundraiser will last throughout the day, from 11 a.m. until 11:45 p.m.

Pretty much everything that was left of the apartment building at 26 Maple St., Batavia, which burned down Friday, was hauled away by work crews today.

Three people are being taken to UMMC following the detection of unsafe levels of natural gas in their home on Ellicott Street in the City of Batavia.

One patient is a 25-year-old man who is complaining of a headache and nausea. An 18-year-old woman also complains of a headache and a 1-year-old girl seems fine and will be evaluated. They are all being given oxygen.

City firefighters and Mercy medics responded following a report of CO detector activation. Upon arrival, they found levels of 60 ppm inside the home (didn't catch the exact address) and over 400 ppm in the basement.

National Fuel has been notified. No ETA given. Meanwhile, the gas line in the home has been shut off.

UPDATE 2:33: The home has been ventilated. City firefighters are back in service.

The public is encouraged to take part in the National Prescription Drug Drop Off from 10 a.m. to 2 p.m. this Saturday, April 28. No questions asked. All medications -- both prescription and over-the-counter -- will be accepted from residents.

In Genesee County, the drop-off sites will be as follows:

• Batavia Police Department -- 10 W. Main St. in the City of Batavia
• Le Roy Police Department -- 3 W. Main St. in the Village of Le Roy
• Pembroke Town Hall -- at the junction of routes 5 and 77 in Pembroke

According to the Center for Disease Control, prescription drug abuse is a national epidemic. In Western New York, prescription pill abuse is the No. 1 drug problem.

Law enforcement agencies, healthcare professionals and drug-abuse prevention groups want you to "Keep unneeded, unwanted medications out of your children's hands."