batavia

Batavia Police Officer James DeFreze is asking that any readers who might be able to recognize the person in this photo to contact him at jmdefreze@batavianewyork.com or to contact the Batavia PD. DeFreze did not specify the nature of the investigation, just that the photo is associated with an incident at a local bank.

State Troopers are looking for a tan (or gold) 1996 Buick Le Sabre sedan heading eastbound (toward the city) on Route 5 after it was seen leaving a park where the driver is suspected of exposing himself.

The incident reportedly happened moments ago at the Kiwanis Park on West Main Street in the Town of Batavia.

The car is registered to a Buffalo resident.

UPDATE 12:57 p.m.: Two calls were received on this. The man allegedly acted in a lewd manner and then tried to "cover it up" by pretending to urinate. "You never see many gold Buicks until you're looking for one. I've got five in the area all with different plates (than the one being sought)," says an officer.

UPDATE 1:11 p.m.: The man is described as "older" and possibly wearing a blue shirt. So far, officers have found about 10 similar Buicks, most of which are unoccupied and parked in parking lots. None of the vehicles have plates close to the one being sought.

Claudia Germuga, a Batavia High School senior, has won a $5,000 Student of Integrity Scholarship from the Upstate New York Better Business Bureau.

She is a very accomplished dancer and art student who has received lots of recognition from her school. She is described as a student with strong convictions who is determined to set a good example for her peers.

The summer concert series in Jackson Square, Downtown Batavia, sponsored by the Business Improvement District, kicked off this evening with a show by 78 RPM.

It's just about time once again for Batavia's premier music and arts festival -- Ramble.

This year's Ramble is from 11 a.m. to 9 p.m. next Saturday, July 2.

More than 30 music acts will perform on two stages (Jackson Square and T.F. Brown's), plus there will be the arts, crafts and fun for the kids.

Admission is free to this family friendly event.

Pictured above are local musicians Bill Pitcher, Kay McMahon, Jim Catino, Brian Garz, Charlie DelPlato, Bill McDonald and Tim Pitcher.

Lisa Ann Weese, 29, of North Main Street, Albion, is charged with petit larceny. Weese is accused of shoplifting $110.12 worth of merchandise from Kmart at 4:11 p.m., Thursday.

Crystal Lee Marsceill, 30, of Ellicott Street, Batavia, is charged with petit larceny. Marsceill is accused of shoplifting $55.18 worth of merchandise from Walmart at 7:57 p.m., Thursday.

The Sheriff's Office is looking for help identifying the person captured in this video so he can be questioned in connection with alleged criminal mischief at the BOCES campus on State Street, Batavia.

On May 21, between 7:15 and 7:35 p.m., and on May 29, between 7 and 7:45 p.m., somebody entered the BOCES campus and caused considerable damage to vehicles parked behind the school.

An engine compartment on a tractor-trailer used to train truck drivers was vandalized, causing about $500 damage. The windshield and gas cap cover on an old school bus was damaged. The suspect also spray painted vulgar words on the bus and set off a fire extinguisher inside. The estimated damage to the bus is about $1,000.

So far, investigators have been unable to identify the subject in the video after circulating it through the local school system.

Investigator William Ferrando would like to interview the subject who appears in the video. Ferrando can be contact at (585) 345-3000, ext. 3573

The current water level in the lake at Dewitt Park on Cedar Street is six inches above the highest level ever recorded previously, according to Paul Osborn, parks supervisor.

The previous record was 1997. Measurements were not taken prior to 1995.

Osborn said water levels rose nine feet in two months.

How much the water level drops over the course of the summer, Osborn said, depends on how much rain we get. Typically, he said, the water level can drop two or three feet during the summer.

For comparison sake, below is a picture of the same dock as above taken last summer.

Carlos A. Torres Jr., 35, who first made the news after showing up at UMMC with gunshot wounds and claiming he was shot while on Little Indian Falls Road, is now accused of dealing drugs. He entered a not guilty plea on those charges in Genesee County Court today.

Torres, who is being held on $25,000 bail, was indicted in early June on three counts of criminal possession of a controlled substance, 3rd.

He was arrested April 1 by members of the Local Drug Enforcement Task Force.

He was found to allegedly be driving under the influence of drugs and allegedly carrying cocaine, crack and heroin with an estimated street value of more than $7,000. 

At the time of his arrest, the head of the task force characterized the alleged drug dealing by Torres as pretty significant.

"The weight of the powder cocaine, along with the number of bags of both crack and heroin, on top of his $4,000 (in cash), is significant for this county," Sgt. Steve Mullen said.

Torres came to the attention of investigators in May 2010 when he showed up at UMMC with gunshot wounds.

A Batavia resident who tried to steal alcohol from a home on Washington Avenue on May 15, and when unsuccessful came back with a gun, entered a guilty plea in Genesee County Court today to a charge of attempted burglary, 2nd.

Andrew J. Rock, 24, of 206 State St., Batavia, faces a possible prison sentence of three (the minimum allowed as a second felony offender) to seven years.

He will be sentenced Aug. 4.

Rock is currently being held in Genesee County Jail on $50,000 bail.

Previously: State Street resident accused of trying to steal booze on Washington Avenue.

A 41-year-old Batavia man accused of stealing $58,000 from an elderly woman entered a plea of not guilty today during his arraignment in Genesee County Court.

Myron W. Hartford is out of jail under supervision of Genesee Justice.

He is charged with grand larceny, 2nd, grand larceny, 4th, and three counts of offering a false instrument for filing, 1st. 

Hartford and his wife, Marline, were both indicted on the alleged left from the elderly woman and both are accused of stealing $1,000 from DSS.

Marline did not appear in court today.

A hearing on pre-trial motions in Hardford's case was set for Aug. 31.

For previous coverage, click here.

Even though it's only been a handful of months since Ellicott Street was repaved, crews were working at several intersections today putting down new asphalt. A supervisor told me the previous "new" asphalt was removed because the state determined it was "too rough."

Well, it's official -- Batavia resident Lisa Barrett's song, "When You Look at Me," is now the best original song in the world.

"It's difficult to grasp the 'in the world' part," Barrett said in a thank-you letter to her fans. "I feel like I'm dreaming this!"

After five months of anticipation, "When You Look at Me" was selected as the winner of "Best Original Song," an international contest that started off with 100 music videos from around the world, on Monday.

This victory is especially meaningful to Barrett because of her nephew, Austin, in whose memory she wrote and performed the song. Austin died of cancer just shy of his second birthday.

"I’m so grateful  to all of you, the voters who have stood by me and supported me and this song in memory of  Austin," Barrett said. "I am touched beyond words, and I feel so honored. Your kindness will not be forgotten, and Austin’s spirit will live on through the music."

As the winner, Barrett will get:

• her own web page on www.bestoriginalsong.com
• promotion from Best Original Song to record labels, recording artists, producers and music agents
• a press release to various media outlets, including music magazines (including this Nashville-based publication) 

Barrett is also the featured artist on Best Original Song's website right now.

The Batavian warmly congratulates Barrett on a job well done. For previous Batavian coverage, see:

Batavia singer/songwriter has high hopes for very personal song

Singer/songwriter Lisa Barrett advances to next round in world competition

Batavian Lisa Barrett moves up in international song contest

Lisa Barrett one of three finalists in worldwide songwriting competition  

Driving down West Main late this morning, I was struck by this stunning tree with its white flowers against the deep-blue sky.

Once again, I have no idea of the name of this type of tree.

I took several photos.

This post is a paid advertisement, brought to you by Pink Gorilla Tees and Graphics.

Center Street Smokehouse is the place to be this Friday night! Tim Walton has arranged for MTV and reality star Wes Bergmann from "Road Rules: Challenge" and "Real World: Austin" to be in the house celebrating the season premier of his new show "Rivals: Challenge."

"We are going to have the place packed. It's going to be like Halloween, Thanksgiving and St. Patrick's Day in there. It's gonna be a fun night for everyone," says Walton, who also set up the iTeen event that will take place at 7 p.m. at the rink for teens.

He had gotten a lot of feedback from the adult crowd asking for an event to take place.

"I had people asking me when I was going to do something at a bar, so I decided to talk to Wes and he agreed to extend his party to the adult crowd that night."

The bar will feature the band "Night and Day" playing on the band deck and a radio DJ will be spinning Top 40 and dance hits upstairs all night.

"The DJ is something new that people had been asking for. You can come out and listen to the band or you can dance and party to Top 40 music. We are catering to both crowds."

A professional photographer has been hired for the event so whether you want a photo with Wes or with just your friends, they will be taken for everyone there.

Walton says that this is just what he hopes to be the first of many events. If this goes well, then there are other celebrities and events that he hopes to bring to the area later this year. We have been in contact with Bam Margera, Pauly D, and athletes as well."

Walton has been part of events in Buffalo that have had great feedback from everyone and hopes to see the same here.

"It's up to the people to let us know what they want. If they show up and make this big, more things will happen."

The event will take place from 10 p.m. to 2 a.m.

Level 3 sex offender Ronald A. Smith was convicted Tuesday afternoon in Genesee County Court of one count of failure to register a change of address.

After deliberating less than two hours, the jury of seven women and five men returned a guilty verdict, which needed to be unanimous, for a violation of the Sex Offender Registration Act. Sentencing is scheduled for 9:30 a.m. on Aug. 8.

The Lewiston, Maine, native rejected two plea offers by the District Attorney before taking the case to trial. The first offer was for one and a half to two years in prison, the minimum allowed under statute, and the second offer was for one to three years.

Smith was released Oct. 28, 2010 after serving time for first-degree criminal sexual act with a child under 11. Subsequently, he reportedly lived on Thorpe and East Main streets in the City of Batavia, as well as in Alexander and Oakfield. He was found to not be legally residing at any of these locations.

In court on Tuesday, Smith wore khaki-colored pants, and a snug-fitting white, long-sleeved shirt which revealed a well-muscled torso. His head was nearly shaved. He's about 5'4" tall.

In his brief opening statement, William Harper, an attorney with the Public Defender's Office, reminded the jury of its duty to stick to the issue at hand and not be prejudiced in weighing the evidence because his client is a sex offender.

"The presumption of innocence is the cornerstone of our justice system," Harper said. "We know you won't pre-judge."

Harper and Public Defender Gary Horton tried to create reasonable doubt in the jurors' minds by indications that Smith was confused about his obligations and was not properly instructed about them. The credibility of two witnesses who live on Thorpe Street was also called into question.

District Attorney Lawrence Friedman told jurors the case would not last long because it is not complicated. Simply put, Smith knew he had to register his address, knew how and when to do so, but did not.

A videotaped interview conducted on Jan. 13 was played in the courtroom. It shows Smith, clad in a black T-shirt and slumped in a chair, telling an officer he lived in a trailer park in Oakfield. The officer says he talked with Smith's aunt and others in Oakfield and they said Smith didn't live there and never had.

The defendent maintained that he lived in Oakfield with his fiancee until his sister was removed from his mother's house and put into foster care -- because he is not allowed by authorities to be in contact with his sister. Once that occurred, he moved in with his mother. He didn't register there because his mother "would get evicted."

But a child-protective services worker testified that he visited Smith's mother's house beforehand and found the defendant "crouched in a fetal position by the bed with his eyes covered." He said he saw him again the following day turning into the driveway of the apartment complex and contacted police.

The length of time Smith lived on Thorpe Street was said to be four days or two to three weeks, depending on who was talking. He said he notified authorities he lived there, but not the landlord. When the landlord found out he was there, it was made clear he was not welcome.

At some point, too, he purportedly lived in Alexander.

"The place you come home to is where you live...not because you get mail there," Smith is told in the videotape.

Smith, who will turn 20 in January, replied that "before you told me, I really didn't know."

And yet Smith acknowleged his parole officer told him what he needed to do as a free citizen: Notify the police within 10 days of a change of address, show police verification of address every 90 days, go for treatment if required to do so, and let the state know where he was.

Desiree Sumeriski is the mother of Smith's baby daughter and lives in an apartment on Thorpe Street. She testified that Smith stayed there until Oct. 31 after his release and left to move in with his mother.

She was romantically involved with another man at the time and when asked if this created a problem with Smith being around, she said no, that she only saw the man when Smith wasn't there.

Horton asked if she had been convicted of filing a false report of child abuse against a person with CPS and she admitted she had. Asked if she had also pled guilty to harassment charges on more than one occasion, she said yes.

Her neighbor across the street, Jennifer Schaffer, also testified that she knew Smith was staying there and that he left on Oct. 31. Her friendship with Sumeriski was pointed out by the defense, an inference that this might affect her testimony.

The cross examination of the two women was apparently an attempt to discredit their testimony that Smith lived there only a few days because Smith had stated he was there for two or three weeks. But in his videotaped interview, he says he was only on Thorpe for a few days.

Regardless, Sumeriski's landlord was not notified because Smith claims he didn't know he had to.

On cross examination, Horton tells Batavia Police Detective Kevin Czora that Smith mentioned several times he didn't know he had to notify the landlord.

"Did you ask him what he thought was required to notify the landlord?" Horton asked.

"No," the detective replied.

An administrative aide with the Sex Offender Registry in Albany testified that address information filed for sex offenders "all ends up in Albany." There are only three notifications on file for Smith.

The first move documented is from West Main Street (jail), Batavia, to Alexander. The second is from Alexander to Thorpe Street. The last is from Thorpe to South Main Street, Oakfield. There is nothing on file about residency at his mom's apartment in Batavia.

Outside the presence of the jury, Horton moved to vacate the case for lack of evidence and his motion was denied.

In closing arguments, Horton told jurors the key question is "When did Ron Smith register?" He told them to forget about the details, the forms -- which weren't explained to the defendent -- and not to use Smith's prior convictions to decide the case.

"Cases don't get much simpler that this," Friedman told the jury. "They don't get less complicated than this."

Friedman said Smith gave different addresses and different times he stayed at them. He admits that he never lived in Alexander or Oakfield, Friedman said. He also claims he thought he could just list an address without regard to where he  actually stayed, which is inconsistent with the legal obligation he acknowleged, Friedman said.

After asking to view the videotape a second time and having the stipulations of the charge reread for them, the jury reached a verdict just before 3:30 p.m. Smith will remain in custody.

A court date for other charges pending against Smith will be set at 11 a.m. on July 7.

He also faces up to five years in prison -- to be served concurrently with the failure to register conviction -- if he's found guilty of three counts of sexual acts with a child under 11.

He was arrested less than four months after being released in October, 2010 on suspicion of molesting a child in the City of Batavia.

Police are in the area of Tops Market looking for a pair of shoplifting suspects.

The first is a black male who is believed to have run into Tops. The second is a white female wearing purple shorts who ran out of Tops with a shopping bag filled, allegedly, with merchandise that wasn't paid for. The first suspect allegedly stole a DVD player and/or Playstation from Kmart

We'll update with better descriptions if they are re-transmitted.

There's no rain in the forecast for this evening, so the Batavia Concert Band show will be held at Centennial Park as originally planned, according to Robert Knipe.

Show time is 7 p.m.