batavia

Attorney Thomas Burns won't get a change of venue for his client Matthew Wells, at least not yet, according to a ruling handed down by the New York Supreme Court, Appellate Division, Fourth Judicial Department.

Wells is one of three men accused of robbing the M&T Bank branch in Elba on June 18 and then leading local law enforcement on a six-hour manhunt through the fields and woods between Batavia and Oakfield.

Burns argued that Wells could not get a fair and impartial jury in Genesee County because many residents -- as evidenced primarily by comments left on The Batavian -- took offense to the perception that three city slickers could get away easily with a bank robbery in a rural county. Burns, in his motion, picked up on the phrase of one comment on The Batavian about dishing out "rural justice."

Burns also suggested that the only a fraction of Genesee County residents are black, so that it would be hard to seat a jury of peers for his African-American client.

The appellate judges ruled that Burns did meet the burden of proof that there is "reasonable cause to believe that a fair and impartial trial cannot be had." But the single-page ruling left open the ability for Burns to appeal again during the jury selection phase of a trial.

It's rare -- if not unheard of -- for attorneys to be granted a change of venue before jury selection begins, but if Burns had not filed the motion now, he could not file a motion -- under rules of the court -- for a change of venue later.

Wells is the only one of the three defendants to not plead guilty. Both Damone Dillon and Dennis Abrams have admitted to their roles in the June 18 robbery. Abrams, who planned the heist, is facing a lengthy prison term. Wells is accused of entering the bank with Abrams and actually participating in the stick up, while Dillon held the door and claims to have been a reluctant participant.

Neither defendant has been sentenced yet.

For previous coverage, click here.

Geoff Clough, a talented entertainer from Geneseo performed a Tribute To Bob Hope at 400 Towers Thursday night.

He began with a brief biography of Mr. Hope which included:

Leslie Townes Hope was born in London in 1903, the fifth of seven sons. His father, a stonemason, moved them to Cleveland, Ohio in 1907. Hope performed locally for several years and was discovered by comedian Fatty Arbuckle in 1925. A year later, he met George Burns and they traveled the vaudeville circuit with a pair of tap-dancing conjoined twins. He performed on several musicals and by the mid-1930s had begun doing films. It was around this time Leslie Townes Hope changed his name to Bob Hope, in response to a persistent nickname following him around: “Hopelessly.” Most of Hope’s fame came from his long tenure with radio and television (his relationship with NBC lasted over 60 years). Though never an Oscar winner, Hope is remembered as one of the great hosts of the Academy Awards, hosting or co-hosting 18 in all.

Quotable: “Welcome to the Academy Awards or, as it’s known at my house, Passover.”

Songs and stories filled the evening as we remembered Bob Hope in films, radio and TV.

"Do you know how many Presidents sat in office during Bob Hope's lifetime?"

The answer, 18. 

Residents enjoyed the sing-a-long, remembering songs that Bob Hope made famous.

The evening ended with Irving Berlin's "God Bless America".

A woman has been arrested for allegedly telling the Department of Social Services that a relative moved into her house, qualifying her for temporary government assistance.

Between Dec. 5 and Feb. 16, Stacey Ziminski, 36, of 119 South Swan St., is accused of collecting public assistance checks totalling $710.93.

The family member Ziminiski allegedly said was living with her, was actually living elsewhere, according to DSS investigators.

Ziminski was charged with two felony counts of offering a false instrument for filing in the first degree and one count of misdemeanor petit larceny.

She was arrested by Genesee County Sheriff’s Deputy Matt Butler, and arraigned before Stafford Town Justice Ben Mancuso, who ordered her held on $250 bail. 

Statements made by Dietrich Williams to State Police during an investigation into a shaken baby case in June can be used at his trial, Judge Robert Noonan ruled this morning.

Williams, currently held in Genesee County Jail, is charged with assault in the first degree and reckless assault of a child.

The content and nature of his statements were not discussed in court today, but he spent nearly eight hours in State Police custody June 25, after being picked up at a residence he shared with his girlfriend at 14 Hutchins Place.

The baby's name is Mariah and she was reportedly critically injured. Both Defense Attorney Jerry Ader and District Attorney Larry Friedman are waiting for the hospital to produce the baby's medical records for evidentiary review.

Williams is accused of shaking the baby and hitting Mariah's head against a hard object.

Shaken Baby Syndrome has come under new research scrutiny recently, and researchers suggest that the baby's head hitting a hard object may be a key element to any crime.

In his ruling, Judge Noonan said that Williams was made fully aware of his rights and had every opportunity to request an attorney or to cut off questioning. There was nothing improper about the State Police agent's questioning, Noonan said.

State Police investigators who specialize in violent crimes assisted in the investigation.

There were 10 more break-ins into unlocked cars in the Town of Batavia overnight.

Six occurred on Stringham Drive, two on Violet Lane and two on Terry Hills.

The usual items were taken, according to Deputy Chief Gordon Dibble, adding that the break-ins may be related to yesterday's thefts.

"For the most part, the thieves are limiting their efforts to unlocked cars with valuables in plain sight," he said. "Locking cars and removing valuable items (maybe locking them in the trunk) would seem to be prudent advice."

So you hear there are no jobs in Batavia, and companies don't want to do business here, etcetera. The carping sometimes seems ceaseless.

Me, I'm a glass-is-half-full kind of guy.

And I think most of the entrepreneurs who have invested in Batavia and Genesee County are the same sort of people, which is why this job ad posted today caught my eye:

Career Opportunities - Growing Company in Batavia is searching for hard working, reliable employees for all aspects of manufacturing.

We are conducting open interviews Friday 10/2/09 from 9:00am-12:00pm.

Imagine, a local company doing so well in Batavia that they have to conduct their own job fair. The ad makes it sound like there are at least six openings, and from the job titles, I'm betting a few if not all of them pay "a living wage" (to use the oft-cited term for what makes a good job).

The company is Prime Materials Corporation, 6 Treadeasy Ave., in the City of Batavia.

The last time somebody left a comment asserting that nobody wants to do business here and all the businesses are leaving, I pointed out some counter examples, which I'll note again: Kravings Kafe and Great Kutz both just opened in Valu Plaza; Ken Mistler is readying two new businesses and planning a third; There's one newish business on Ellicott Street and another store coming; A Canadian company is opening a new location downtown; Mancuso Corp. is investing a substantial amount of its own money (not just the RestoreNY funds) into the Masse Gateway Project; Clor's Meat Market greatly expanded its operations by moving to a new location; people complain about the open store fronts on Main Street, but all of them have ongoing interest from potential businesses for those locations. And I'm sure I'm leaving out other new businesses and expansions.

Not to mention that there are several hundred businesses thriving in the city and several hundred more throughout the county.

For me and Billie, we consider Batavia a great place to base our own business. If we didn't, we wouldn't be here. That's a lot of things I could do or places I could be if I didn't see Batavia and Genesee County as a great opportunity.

The bottom line: the pessimism about Batavia and Genesee County as a place to do business is unwarranted and it's contradicted by the actual business activity in town.

(Updated Version)

The driver of a Chevy Aveo suffered a serious-enough head injury to require Mercy Flight Air transportation to an area hospital following a two-car accident in the vicinity of 3892 W. Main Street Road, Batavia.

The woman was initially reported as unconscious, but regained consciousness after emergency personnel arrived on scene.

Deputy James Diehl said his initial investigation indicates the Santa Fe was changing lanes when it struck the Aveo, which was stopped to make a turn.

The driver of the Santa Fe, who was not injured, is likely to be cited, Diehl said, for unreasonable speed with a hazard in the road (the stopped Aveo).

We'll update this post when the official accident report is released.

UPDATE:  The driver of the Santa Fe has been identified as Heather Nadolny, 35, of 2753 Pearl St., Batavia. The driver of the Aveo has been identified as Jeannette N. Orr, 65, of 3396 Dodgeson Road, Alexander. Orr was taken to ECMC via Mercy Flight. This morning, Orr is listed in fair condition.

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A Batavia man accused of selling cocaine and crack cocaine on two different occasions plead not guilty today to all the pending charges.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance stemming from an arrest earlier this month. In June, Lee was arrested and charged with criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. He was reportedly a resident of Ross Street at the time of that arrest.

Lee is out of jail after posting bail of $50,000 for the first arrest and an additional $5,000 on the second set of charges.

Previously:

• Batavia man accused of dealing cocaine
• Police Beat: Alleged drug dealer on Maple Street in Batavia arrested

Two men accused of dealing drugs in Batavia -- in separate cases -- were in court today to consider possible plea bargains and both men said they needed more time to think about the offers.

Michael R. Ransear, 24, of Rochester, was arrested in January for allegedly dealing crack cocaine. His aunt was arrested at the same time for alleged possession of a controlled substance.

Today, Asst. D.A. David Gann told Judge Robert Noonan that Ransear has been offered a plea that would lead to a maximum six-month sentence. He would be required to plead guilty to a class D felony, criminal sale of a controlled substance.

Ransear's attorney, Fred Rarik, said his client requested more time to think about it. Judge Noonan set a trial date for October, but also granted Ransear an extension on the plea offer.

Kirby S. Wall, 32, of Rochester, was arrested in April. He reportedly tried to run from police to evade arrest but was subsequently caught in the area of 400 Towers.

Wall has been offered a 2 1/2- to 3 1/2-year prison term in exchange for pleading guilty to a felony count of criminal sale of a controlled substance as a second serious felony offense.

Wall, also, wants more time to consider the offer. Judge Noonan granted an extension on the offer, but also set a trial date in the case.

Gann asked that as a condition of his plea, Wall be required to return "the buy money," which he allegedly ditched during the foot pursuit.

Both Wall and Ransear are out on bail.

Marilyn Drilling has been named museum director of the Holland Land Office Museum.

Her appointment was approved by the board of directors last night, according to a press release we received this morning.

Drilling replaces Patrick Weissand, who held the position for 11 years before accepting a position as a branch manager with the Bank of Castile.

Drilling was hired by the museum in July to create a marketing and membership program.

A totaly of 49 people applied for the position, according to the press release.

Drilling is a 1983 summa cum laude graduate of St. Bonaventure University with a degree in Mass Communication. She has held fundraising and public relations positions in both Genesee and Wyoming counties, including the director of development for the Medina Health Care Foundation, development director for Notre Dame High School in Batavia and Crossroads House. She was also the director of the Genesee Country Mall and has worked in the newsrooms of WBTA, WRTK in Rochester and WBTF in Attica.

"I am excited to begin implementing an integrated marketing program for the museum," noted Drilling. "The public will soon notice new life and new  programs coming from our doors. There is renewed interest in history and the younger generation especially wants to know more about our past and how it can affect our future."

Full press release after the jump

Marilyn Drilling of Batavia has accepted the position of Museum Director at  the Holland Land Office.  The Board of Directors made the offer after final  interviews last night (Tuesday, Sept. 22).

Drilling was initially hired by the Board in July to create a marketing and  membership program for the West Main Street Museum.  She submitted her resume  to the Board during their search for a replacement of long-time Museum  director Patrick Weissand, who resigned in June to join the Bank of Castile  in Medina as its branch manager.

49 resumes were reviewed for the position, according to Barbara Toal,  President of the Holland Purchase Historical Society.

Drilling is a 1983 summa cum laude graduate of St. Bonaventure University  with a degree in Mass Communication.  She has held fundraising and public  relations positions in both Genesee and Wyoming counties, including the  Director of Development for the Medina Health Care Foundation, Development  Director for Notre Dame High School in Batavia and Crossroads House.  She was  also the director of the Genesee Country Mall and has worked in the newsrooms  of WBTA Batavia, WRTK Rochester and WBTF Attica.

"I am excited to begin implementing an integrated marketing program for the  Museum," noted Drilling.  "The public will soon notice new life and new  programs coming from our doors.  There is renewed interest in history and the  younger generation especially wants to know more about our past and how it  can affect our future."

New board-approved programs include History Heroes, a series of programs and activities for the younger generation.  A Membership campaign will kick-off  on October 5th and new events have been added to the calendar.

Organizations and businesses are also encouraged to utilize the meeting room  at the Holland Land Office Museum for their gatherings.  "The Meeting Place"  is available at no charge and can be reserved by telephoning the Museum at  343-4727.

"We're also very excited about our newest exhibit," said Drilling."  "52  handsewn quilts are now on display...each unique in design and each has its  own story.  Members of the Museum Quilt Guild are celebrating their 30th  anniversary this year by showcasing some of their finest creations."

The public is invited to a special Quilt Exhibit Opening on Friday, September  25th from 6 to 9 p.m.  complete with entertainment and refreshments.  Members  of the Museum Guild will be there to share their quilting stories.

"This is a beginning of new and exciting displays for the Museum," said  Drilling.  "We're ""Making History Happen"" in Genesee County."
 

A significant amount of blood was found in at least one vehicle that was the target of an overnight larceny in the Town of Batavia.

The blood -- some of which was collected as evidence -- had law enforcement officials checking with UMMC for anybody who might have reported to the emergency room with a hand or arm laceration.

No suspects were identified through the hospital check.

A total of eight cars were broken into overnight in the Edgewood, Route 33, South Main area, according to Chief Deputy Gordon L. Dibble. Items taken include GPS units, radar detectors, change and sound systems -- some of which were ripped out of dashboards.

All but one of the cars were left unlocked, according to Dibble, and three were left with keys in the ignitions. No cars were reported stolen.  The criminal broke a small window to gain entry to the one locked car he hit.

There was also at least one car struck in the same area within city limits.

If you happen to come across anybody with unexplained cuts, or can offer any other evidence to help solve this or other recent car break-ins, the Sheriff's Office can be contacted at (585) 345-3000 (press "1" for dispatch).

An accident with injuries has been reported at 6 Ellicott Place in Batavia.

Batavia Fire and Mercy EMS are responding.

UPDATE: Engine 12 reports one apparently minor injury.

UPDATE: One vehicle suffered substantial rear-end damage.

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John W. Lavender, 77, of 174 Broadway, Darien, is charged with attempted assault in the second degree. Lavender allegedly struck his girlfriend on the hand with a cane during a domestic dispute. The alleged incident occurred at about 9:14 p.m. Monday.

Michael P. McDonald, 44, of 39 Kingsbury Ave., Batavia, is charged with a felony DWI. McDonald was stopped after police received a report of a driver seen drinking a beer.  Officer Wayne Fenton made the traffic stop and upon further investigation determined McDonald was allegedly drinking and driving. The DWI is a felony because McDonald reportedly has a DWI conviction within the prior 10 years. He was jailed without bail.

Ok, so this PR Director of Care-A-Van Ministries  has got to confess, she was so excited when she heard "Gopher" from the Love Boat was going to be at GCC.

I use to love Gopher on the Love Boat Show. It was a true pleasure getting to hear "Gopher" , Fred Grandy speak at the Sixth Annual Wolcott J. Humphrey III Symposium on Leadership and Community LIfe.  The title of his message was "The Art of Change".  Talk about change in one life, to hear of his life from Hollywood Acting, to being a member of US Congress, to the former CEO of Goodwill to having his own radio show was unbelievable.

The theatre was packed this evening. After the presentation, there was a reception held in the Forum area. This reception gave the companies , agencies and students from GCC an opportunity to mingle and get to know one another.

Sitting at our table was the Dean of Elim Bible Institute, Harry Vellekoop and Pastor Phil from the World Life Christian Fellowship of Henrietta.   It was just amazing how even getting to network with these gentlemen was a blessing. Paul Ohlson, Founder of Care-A-Van  enjoyed sharing of the minstry with them and offering to partner with them in any way that we could to help them with their missions of meeting the needs of others.

We at Care-A-Van know that times are changing and the needs within the community are changing. We are forever grateful for the partnering of agencies, churches and individuals that help with the misssion of serving those in need.

A special thank you to all who planned this wonderful event for the community.

Tom Agosti had quite a Friday.

The Batavia Downs driver was thrown and dragged after the horse he was training broke his bit.

Agosti was taken to Erie County Medical Center for examination.

He returned to the Downs in time for the evening races.

And he he drove home FOUR winners that night.

Agosti suffered some minor scrapes and some back discomfort, but is fine according to Todd Haight, Downs spokesman.

The horse, according to Haight, is fine, too.

Anthony J. Rivera, 25, of 208 Vermont St., #2, Buffalo, and Ilena Carrillo, 27, of the same address, and Damian Rivera-Melendez, 20, of 353 Plymouth Ave., Buffalo, are each charged with a felony count of gang assault in the 2nd degree. The trio allegedly hit a man several times, causing serious injury, following a dispute over cutting in line at Darien Lake Theme Park. The victim was not identified by the Sheriff's Office. The three suspects were jailed on $15,000 bail each.

Janette Sonia Vazquez, 24, of 854 Prospect Ave., Apt. 4, Buffalo is charged with harassment. Vazquez reportedly threatened to stab an employee of Darien Lake Theme Park.

Jody B. Gillet, 48, of 8 Pine Hollow Drive, Batavia, is charged with assault. Gillet allegedly stabbed another person several times. The alleged incident took place at Country Meadows trailer park on Sept. 5. The alleged victim was transported to Strong Memorial Hospital and has since been released. Gillet as jailed on $5,000 bail. The incident was investigated by Deputy Bradley D. Mazur and Investigator Timothy Weis.

Rebecca J. Sando, 44, of 5678 Walkers Corner Road, Elba, is charged with criminal contempt. Sando allegedly approached a woman she was barred from going near.

Sarah J. Emerson, 25, of 15 Ross St., Batavia, is charged with harassment and criminal contempt. Emerson allegedly poured a can of beer on her husband and then allegedly pushed him on his chest and face. Emerson allegedly violated an order of protection. Emerson was jailed on $1,500 bail.

Shandell M. Lissow, 21, of Brookville Road, Alexander, is charged with unauthorized use of a motor vehicle. Lissow allegedly borrowed a car from a friend and then failed to return it as agreed.

Stephen P. Medwid, 52, of 9364 Alexander Road, Alexander, is charged with DWI, DWI with a BAC of .08, failure to take breath test and failure to yield. Medwid was arrested following at traffic stop Friday at 9:29 p.m.

A driver on Bank Street Road in Batavia who tried to avoid striking a cat in the roadway Saturday wound up running into a tree instead.

The driver, Justin T. Barrett, 18, of 6855 Pauline St., Byron, was treated at the scene for a minor shoulder injury.

Barrett was headed northbound on Bank Street Road at 6:10 p.m. when he reportedly swerved to avoid the cat. He said he lost control of his 2004 Ford four-door sedan in the gravel shoulder after his car struck a mailbox at 7834 Bank Street Road. The car continued northbound on the shoulder, turning sideways, until it struck a tree.

There were no passengers in the car.

Deputy Bradley D. Mazur handled the investigation.

Care-A-Van Band opens up for Worship

The Fellowship of the Cross, a home church of Elba joined Care-A-Van ministries for street church today in Batavia. Pastor Mike Welch and members of his congregation came out to provide music and the message.

It was an awesome fall day on the streets today.  Pastor Mike gave an awesome message of how much Jesus loves each one of us.

Care-A-Van would like to thank Pastor Mike and the members of his congregatioin for sharing of their time and talents this past week for the cookout and street church.  A special thanks also to all the individuals who have donated of their time for the Care-A-Van Band this past summer.