On Feb. 7, the Singing Silhouettes, a select choir from Byron Bergen High School, were invited to sing at the Genesee Valley School Boards Association Legislative Breakfast. The students performed “Aquarius” for the assembly and it was conducted by Lawrence Tallman.
Stephen J. Turkasz, 24, of East Main Street, Batavia, is charged with criminal contempt, 2nd. Turkasz is accused of posting photos of people who are the subject of a protective order on a social media Web site, in alleged violation of the order of protection.
Malcolm A. Kea, 27, Porter Avenue, Batavia, was arrested on a warrant related to a charge of operating while registration suspended or revoked. Kea was arrested at his residence for alleged failure to appear.
Curt Thomas Randall, 27, of Swamp Road, Bergen, is charged with unlawful possession of marijuana. Randall was stopped for an alleged traffic violation at 4:05 p.m. Wednesday on Byron Holley Road, Bryon, by Deputy Joseph Corona.
Benjamin G. Evans, 26, of Batavia, is charged with petit larceny. Evans is accused of stealing from Tops Market, Batavia. Evans was arrested by State Police.
Jasmine Jaquana Allen, 20, of Batavia-Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. Allen was arrested following a complaint of marijuana smoking inside dorm rooms at College Village.
Justin Elwell Jr., 31, of Miller Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a parking between 2 and 6 a.m. ticket. Elwell turned himself in to Batavia PD. He posted $100 bail.
Adam Daniel Smart, 32, of Clinton Street Road, Batavia, was arrested on a warrant for alleged failure to appear on an endangering the welfare of a child charge. Smart allegedly failed to appear on for a pre-sentence interview with the Probation Department. Smart was jailed on $2,500 bail.
Jeffrey Cole Thompson, 19, of Swamp Road, Byron, is charged with unlawful possession. Thompson was charged following a traffic stop for an alleged traffic violation at 9:15 p.m. Thursday on Reed Road, Bergen, by Deputy Joseph Corona.
At a very young age, Matthew Kota, of Byron, knew exactly what he wanted to be when he grew up — a doctor. But sadly, his dreams were cut short. In memory of Matthew and his 24th birthday, the Batavia community and surrounding areas are encouraged to give the gift of life and donate blood at a special American Red Cross blood drive on Saturday, Feb. 7, at Notre Dame High School in Batavia.
The recent winter weather and widespread flu have impacted the ability of some eligible, healthy donors to give blood. Dozens of blood drives have been cancelled and thousands of donations have gone uncollected because of the storms. Despite the weather, hospital patients still need blood.
“Matthew never waited for anything to happen, he made things happen,” said Jason Kota, Matthew’s father. “He was truly one of a kind and I’ve yet to meet anyone else on this earth like him.”
Matthew enjoyed the outdoors and had a smile that would light up a room, but it was his humanitarian spirit that friends and family say was contagious. Matthew had a desire to help people, and that’s one of the reasons why he became a blood donor and also volunteered with the Red Cross. He had hoped to join the Gallon Donor Club and even though he did not achieve that goal, his family and friends are now carrying out his wishes by holding blood drives in his memory.
“Matthew was our son, a friend, leader and now our Angel,” Jason Kota said.
Matthew, the eldest of four children, was just 17 years old when he passed away in 2008 from complications of brain surgery. Matthew had a large arterio-venous malformation or AVM. A vein in his head was significantly larger than it should have been. Doctors believe AVM is congenital and dates to birth.
Matthew’s family and friends say hosting this blood drive is a unique way to memorialize what Matthew stood for — helping others. They are now giving back by turning their heartbreak into hope for other families in need. Matthew’s younger brother, Sean, graduated from Notre Dame High School.
Donate Blood in Memory of Matthew Kota
Saturday, Feb. 7
9 a.m. – 2 p.m.
Notre Dame High School
73 Union St.
Batavia
To make an appointment to donate, download the Blood Donor App, call 1-800-RED CROSS or visit redcrossblood.org
All presenting donors will receive a $5 Dunkin' Donuts card as part of the “Dunkin’ Donors Make a Difference” campaign.
The Red Cross urges healthy, eligible donors to make an appointment to give blood or platelets to help hospital patients and maintain a stable blood supply. Blood donors of all types are needed, particularly O negative, A negative and B negative and platelet donors. One blood donation can help save up to three lives.
How to donate blood
Simply download the American Red Cross Blood Donor App, visit redcrossblood.org <http://www.redcrossblood.org> or call 1-800-RED CROSS (1-800-733-2767) to make an appointment or for more information. All blood types are needed to ensure a reliable supply for patients. A blood donor card or driver’s license or two other forms of identification are required at check-in. Individuals who are 17 years of age (16 with parental consent in some states), weigh at least 110 pounds and are in generally good health may be eligible to donate blood. High school students and other donors 18 years of age and younger also have to meet certain height and weight requirements.
About the American Red Cross
The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies about 40 percent of the nation’s blood; teaches skills that save lives; provides international humanitarian aid; and supports military members and their families. The Red Cross is a not-for-profit organization that depends on volunteers and the generosity of the American public to perform its mission.
For more information, please visit redcross.org <http://www.redcross.org> or visit us on Twitter at @RedCross <http://www.twitter.com/redcross>.
A pair of investigations by the Local Drug Task Force has led to the arrest of two men, one accused of selling a controlled substance, the other of selling marijuana.
Busted were Joshua L. Baltz, 38, of Wood Street, Batavia, and Mark A. Knickerbocker, 17, of Route 262 in Byron.
Baltz allegedly sold a quantity of suboxone to an undercover agent on three separate occasions, once in Pavilion and twice in the City.
He is charged with criminal sale of a controlled substance, 4th, a Class C felony.
Knickerbocker is accused of selling marijuana to a person under age 18 while in the Town of Bergen in May.
He is charged with criminal sale of marijuana, 2nd, a Class D felony.
The task force was assisted by the District Attorney's Office, uniformed deputies and Batavia PD.
Julian Munoz, 63, of Transit Road, Elba, and Carmelina Chavez, 47, of Drake Street, Oakfield, are charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Munoz and Chavez, brother and sister, allegedly choked and pushed a victim down a flight of stairs.
Heather Jaye Interlicchia, 55, of Ramona Street, Rochester, is charged with possession of more than 400 untaxed cigarettes. Interlicchia was stopped for an alleged traffic violation at 12:08 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.
Windfield L. Marshall, 44, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to pay fine on a parking violation. Marshall turned himself in and posted $25 bail.
Khadijah Azizza Davis, 23, of Arnett Boulevard, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, unlicensed driver and speeding in zone. Davis was stopped at 11:49 p.m. Wednesday on Clinton Street, Batavia, by Officer Jason Davis, for allegedly driving 47 in a 30 mph zone. Davis was jailed on $1,000 bail.
Kasean L. Shannon, 22, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Shannon was allegedly found in possession of marijuana during police contact with Officer Marc Lawrence while on Washington Avenue at 1:37 p.m. Wednesday.
Chana J. Mitchell, 22, of Prospect Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Mitchell turned himself in and jailed on $200 bail.
Joseph Michael Marceill, 47, of Pringle Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while registration suspended or revoked charge. Marceill turned himself in, was arraigned and released on his own recognizance.
Cynthia C. Richardson, 35, of Maple Street, Batavia, is charged with a curfew violation. Richardson was arrested after police responded to a report of a fight at 1:29 a.m. Saturday on Court Street. Richardson's 14-year-old son was allegedly located on Evans Street near Ellicott Street at 1:34 a.m.
Donna A. Cocoran, 41, of St. Mary's Street, Pavilion, is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, and suspended registration. Cocoran was stopped at 12:49 p.m. on Elm Street, Batavia, by Officer Eric Foels.
Samuel J. Barber, 20, of Bank Street, Batavia, is charged with unlawful possession of alcohol under age 21. Barber was arrested following a complaint of a party at 12:32 a.m. Sunday on Bank Street, Batavia. Barber was allegedly hosting the party along with two other individuals. Also charged were Abdullah B. Diallo, 19, of Bank Street, Batavia, and Seanmichael G. Kidder, 19, of Bank Street, Batavia.
Robert Jean Jackson, 38, of Albert Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, speeding in zone and failure to change address on license. Jackson was stopped at 1:17 a.m., Saturday, on Main Street, Oakfield, by Deputy Joseph Corona.
Justin L. Sanders, 23, of Byron, is charged with grand larceny, 3rd. Sanders was arrested by State Police and jailed on an unspecified bail. No further information released.
Allison A. Sobczak, 23, of Batavia, is charged with DWI and aggravated DWI. Sobczak was stopped at 11:02 a.m. Friday in the Town of Batavia by State Police.
UPDATE: Later today, State Police put out a press release on Sobczak's arrest. Here's a portion of it:
Sobczak arrived to the Batavia barracks to file a complaint when Troopers smelled an odor of alcoholic beverage coming from her. After her verbal admission that she drove to the barracks, she was detained for a DWI investigation. After Sobczak failed the Standardized Field Sobriety Tests, she was placed under arrest for DWI.
Sobczak was arrested and escorted back to the patrol room where she registered a BAC of .24%. She was issued citations returnable to the Town of Batavia Court on January 29, 2015.
Katrina M. Jones, 46, of Buffalo, is charged with conspiracy, 5th, and grand larceny, 4th. Jones was arrested by State Police and held on an unspecified bail. No further information released.
Christopher F. Bragg, 29, of Corfu, is charged with grand larceny, 3rd, and scheme to defraud, 2nd. Bragg was arrested by State Police. No further information released.
At the department's installation dinner this weekend, Jacob Yasses was named South Byron's Fireman and Member of the Year. Presenting the award are Christopher Hilbert and Assemblyman Steve Hawley, who also acted as emcee for the dinner.
Sworn in as firematic officers where:
A one-vehicle rollover accident is reported at Ford and Transit roads, Byron. Byron and South Byron fire departments and Mercy medics are responding.
UPDATE 7 p.m.: Authorities will block traffic at the corner of the intersection.
The wreaths that help make Byron a little more festive this time of year where hung with care today by members of the Byron and South Byron fire departments. This is the first year the volunteers took on the task rather than the highway department, a firefighter said.
Top two photos submitted by Charles Durkee, bottom one from Jacob Yasses.
Press release:
The Byron-Bergen Central School District community has been doing an amazing job of providing assistance to some of our community families during the holidays for many years.
The B-B community members, administrators, faculty, staff, and students donated toys and games, clothing items, rolls of wrapping paper, and more than 1,000 nonperishable food items.
The B-B winter sports teams donated more than 500 nonperishable food items and assisted with packing fruit bags! Also, close to $2,400 was donated by the community, administrators, faculty, and staff so we could purchase gifts for families in need from our school district.
All the food items will be picked up by the local Hesperus Lodge No. 837 Free & Accepted Masons for sorting and packing into 90-plus food baskets for local families (as they have done for many, many years), with several community, Board of Education, and school district members pitching in to help.
Sponsors of this holiday goodwill were organized by Hesperus Lodge No. 837 Free & Accepted Masons and coordinated by Dick Sands; and include the faculty, staff, and students of Byron-Bergen CSD; the Byron-Bergen community members, and area businesses.
Food baskets and gifts will be delivered on Saturday, Dec. 20, by the Masons, community, and school volunteers. All involved truly believe in the magic of the holiday season!
A Byron resident died after an early morning fire swept through his home on Caswell Road.
A woman who also lived at the house survived and was transported by ambulance to UMMC after she was rescued by volunteer firefighters.
Their names have not yet been released by authorities.
The cause of the fire, reported at 2:06 a.m., has not been determined.
Chief Charles Durkee, Byron Fire Department, said when his assistant chief arrived on scene, he reported smoke showing.
Two fire trucks arrived quickly and while one crew worked to establish water lines, another crew went to the roof to try and cut a hole for ventilation.
"The roof was so icy, they couldn't even get off the ladder," Durkee said. "That plan was quickly abandoned."
As crews fought the blaze, firefighters entered the house and were able to locate the female resident and carry her to safety, but they could not locate the male resident.
He reportedly succombed to smoke inhalation and his body was found later in the kitchen area.
This fire was difficult to fight because the closest hydrants are a couple of miles away, and it was made harder when a power line fell.
"We started sending trucks around in a loop but then this wire behind me dropped," Durkee said. "It went right across the road. We had to abandon the aerial. We had to abandon all hand lines that were underneath it. We had to re-rig some hand lines so we could start fighting the fire and bringing the tankers in from one direction."
It took about 45 minutes to get the fire knocked down and an hour to get it under control, Durkee said.
Responding to the fire were Byron, South Byron, Elba, Barre, Bergen, Brockport, Stafford, Town of Batavia and City of Batavia, as well as medics from Mercy EMS and Le Roy Ambulance.
There are investigators on scene from the state's Fire Prevention Services and the county's Emergency Management Office.
The Sheriff's Office is assisting in the investigation.
UPDATE: The deceased is identified as Warren Leaton, 90.
UPDATE: Norine R. Leaton, 84, was rescued by volunteer firefighters when she was found in a breezeway, according to a Sheriff's Office release. The body of the deceased was inside the residence. The man's body has been taken to the Monroe County Medical Examiner's Office, the report says. The remains have not been positively identified, according to the release. The Batavian's news partner 13WHAM spoke with family members, and they said Warren Leaton passed in the fire.
A structure fire is reported at 6920 Caswell Road. Byron and South Byron fire departments are responding. Smoke is showing, according to Byron personnel on scene. Town of Batavia fire is requested to assist.
UPDATE 2:30 a.m.: Fire police will be needed at Cochram and Caswell for traffic control.
UPDATE 2:32 a.m.: An engine from Clarendon, in Orleans County, is requested to fill in at Byron's hall. Elba fire is on scene.
UPDATE 2:42 a.m.: Stafford fire is called to the scene.
UPDATE 2:49 a.m.: One Le Roy medic is on scene and two others are also responding.
UPDATE 2:52 a.m.: An ambulance from Byron is called.
UPDATE 3:08 a.m.: The third platoon is called to city fire headquarters. Clarendon is unable to secure a crew for mutual aid so Brockport is called for Byron's standby.
UPDATE 3:44 a.m.: National Grid in on scene.
UPDATE 4:35 a.m. (by Howard, back from the scene): A female resident was rescued and transported to UMMC and is said to be alive. The male resident has not been located. The house is a total loss. A chief on scene said water supply was a problem during the course of fighting the fire. A fire investigator is on scene.
UPDATE 7:30 a.m.: This is confirmed as a fatal house fire. The name of the victim has not been released. We'll have a story with video and more pictures posted later this morning.
A man has been struck by a vehicle in the driveway of a location on Tower Hill Road, Byron.
The man suffered a head laceration but is conscious.
Byron and South Byron fire responding.
UPDATE 8:45 a.m.: Mercy Flight requested on ground standby.
UPDATE 8:49 a.m.: Mercy Flight #4 requested to the scene.
Dustin Ray Cleveland, 29, of Townline Road, Byron, is charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, failure to keep right and operating an unregistered vehicle. Cleveland arrested following a one-vehicle accident at 1:25 a.m., on West Bergen Road, Le Roy, by deputy Joseph Corona.
Lisa Ann Galloway, 33, of Redman Road, Nunda, is charged with attempted criminal mischief, 4th, and resisting arrest. Galloway allegedly threw the mobile phone of another person to the ground, breaking it into several pieces, in an incident reported at 6:25 p.m. Wednesday on Veterans Memorial Drive, Batavia. When officers attempted to arrest Galloway, she allegedly pushed the officer backwards and refused to be taken into custody.
Kenneth Walker Cook Jr., 53, of Oak Street, Batavia, was arrested on a warrant for failure to pay fine levied for code violations (rotting garage roof and siding).
Kevin O. Simmons, 54, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to comply with a drug court order, which was the result of a DWI. Simmons was jailed on $100,000 bail.
Latoya Y. Stanley, 26, of Holland Avenue, Batavia, is charged with aggravated unlicensed operation, unlicensed operation and failure to use headlights.
Justin L. Pyatt, 26, no permanent address, is charged with criminal contempt, 2nd, petit larceny and violation of probation. Pyatt is accused of leaving the state in violation of probation over the summer. He was jailed on $2,500 bail. At the time of his arrest he was allegedly at a residence that he is barred from by court order.
A 17-year-old resident of Liberty Street, Batavia, is charged with criminal contempt, 2nd. The youth allegedly violated an order of protection by being at a specific residence during a domestic incident. Batavia PD did not release the the suspect's name.
Klarissa Carol Price, 36, no permanent address, is charged with unauthorized use of a motor vehicle, 3rd. Price allegedly failed to return a rented vehicle by the agreed upon date and time.
Ray A. Watson, 25, of Hart Street, Batavia, was arrested on a warrant for alleged aggravated unlicensed operation. Watson turned himself in. He was released on $250 bail.
Bryan S. Harris, 32, of Montclair Avenue, Batavia, is charged with endangering the welfare of a child. Harris is accused of a disciplinary action that caused bruising.
Christian J. Finkney, 26, of South Academy Street, Wyoming, is charged with 18 counts of criminal contempt, 2nd, aggravated unlicensed operation and unlicensed operation. Ashly N. Boatwright, 27, of South Academy Street, Wyoming, is charged with 18 counts of facilitating aggravated unlicensed operation, 3rd, and one count of circumventing an interlock device. Finkney allegedly drove a vehicle 18 times in Genesee County while his license was revoked for an alcohol-related offense. Darien Town Court reportedly directed Finkney not to drive until his privileges were reinstated by the DMV. Finkney was arraigned in Batavia, Darien, Alexander, Pembroke and Bethany and jailed on $10,000 bail. Boatwright is accused of allowing Finkney to drive a vehicle registered to her on 18 occasions. She is also accused of blowing into an interlock device to circumvent the device.
Nathan Robert Arnold, 22, of Terry Street, Byron, is charged with criminal contempt, 1st. Arnold was allegedly involved in a fight with a person protected from him by court order. He was jailed on $5,000 bail.
Jamie Michelle Lauck, 27, of Spencer Court, Batavia, is charged with DWI, driving with a BAC of .18 and parking in the highway. The Sheriff's Office received a report at 12:51 a.m. Sunday on Colby Road, Darien. Lauck was allegedly located in a vehicle stopped in the roadway by Sgt. Thomas Sanfratello.
Louis James Stoller Jr., 22, of Erie Street, Le Roy, is charged with burglary, 2nd, and petit larceny. Stoller is accused of entering a residence on South Street Road, Le Roy, with the intent of taking the dog from the residence. He was jailed on $5,000 cash bail or $10,000 bond.
Damian Christopher Woodruff, 32, of Walmore Road, Niagara Falls, is charged with criminal possession of a weapon, 4th. Woodruff was stopped by Deputy Patrick Reeves on federal game lands on Sour Springs Road, Alabama. He was allegedly hunting without a permit. He allegedly was found in possession of a shotgun, in violation of the law barring convicted felons of possessing firearms.
Nathaniel Michael Dickes, 21, of Broadway Street, Oakfield, is charged with harassment, 2nd. Dickes was allegedly involved in a fight at 9:57 pm., Saturday, at a location on Webber Avenue, Oakfield, in which Dickes allegedly pushed and grabbed another person and threw an object at that person.
Donald Ivan Manes, 58, of Lewiston Road, Basom, is charged with DWI, refusal to take breath test, misuse of dealer plate, speeding (74 in a 55 mph zone) and failure to keep right. Manes was stopped at 2:06 a.m. Sunday on Kelsey Road, Batavia, by Deputy Joseph Corona.
Kristen Irene Merriam, 33, of Summit Street, Batavia, is charged with unlawful possession of marijuana. Merriam was charged following a traffic stop at 12:30 a.m. Saturday on Clinton Street Road, Stafford, by Deputy Joseph Corona.
Bryan D. Bates, 35, of Mill Street, Batavia, is charged with conspiracy, falsely reporting an incident to law enforcement and offering a false instrument, 1st. Bates allegedly reported an incident that did not occur and providing a false written statement. Bates is being held on a parole violation.
Tyler J. Warfle, 19, of Chapel Street, Elba, is charged with five counts of identify theft, 3rd. Warfle is accused of using the debit card of another person without permission.
Mark T. Zdrojewski, 61, of Meyer Road, Pendleton, is charged with issuing a bad check. Zdrojewski was arrested on a warrant.
A 17-year-old resident of Liberty Street in Batavia was arrested on a warrant for alleged failure to appear. He was taken into custody during an investigation of an unrelated complaint.
Press release:
The Bergen Swamp Preservation Society (BSPS) awarded two "Partner-in-Preservation" Awards at the Society's annual meeting held Oct. 26, 2014 in Caledonia. The "Partner-in-Preservation" award is given to an individual or organization for partnering with the Bergen Swamp Preservation Society to preserve and protect the native flora and fauna of New York State.
The corporate award was received by Peggy Swapceinski, executive director of the Gillam-Grant Community Center (GGCC), Bergen. The GGCC was recognized for its support of our Bergen Swamp property in Byron and Bergen. The GGCC hosted the meeting place to begin and end the Bergen Swamp Spring Pilgrimage tour of orchids. For more than 20 years the GGCC served as custodian of BSPS document archives. Recently, the GGCC hosted a community "meet and greet" produced by the Seneca Park Zoo and the BSPS. A live Eastern Massasauga rattlesnake and a live spotted turtle was displayed to a crowd of more than 100 local community members. These two indigenous reptile species are listed as endangered by New York State and can still be found in the Bergen Swamp. The Gillam-Grant Community Center was nominated for this award by Society Trustee John Adamski, of Brighton.
The individual award was received by Joseph Whitcomb, a long serving trustee. Whitcomb resides in Newark and was awarded for his long service on behalf of the Zurich Bog property in Arcadia and to the Society. He served the BSPS for more than 40 years as a Society trustee, president, Zurich Bog Property chairperson and as a personal inspiration to the current trustees. Whitcomb laid the first black locust boardwalk trail into Zurich Bog. This trail enables visitor access to the orchids and carnivorous plants found in this National Natural Landmark. Whitcomb oversaw the acquisition of four additional parcels of land to the BSPS Zurich Bog property. The most recent was an 18-acre parcel that he personally purchased and gifted to the BSPS for preservation and protection of the native wetland plants. Whitcomb was nominated for this award by Society trustee Lee Drake Sr., of Bloomfield.
The Bergen Swamp Preservation Society is the first and oldest private ecological preservation land trust in the United States. The Society was chartered in 1936 by the New York State Department of Education as a "Living Museum." Since its charter, the Society has been operated by volunteers. The Society has a membership of 400 persons and corporations. The Society owns and manages five separate properties in Upstate New York. Two of the Society's properties are recognized by Federal Department of Interior as National Natural Landmarks: the Bergen Swamp (Bergen and Byron, NY) and the Zurich Bog (Arcadia, NY). The Society is renowned for the 38 species of native orchids, three species of native carnivorous plants and many other rare wetland plants that are protected on the Society's properties.
The way Jim Neider sees it, stealing markers from the graves of men and women who served their country through military service is "as low as you can go."
Neider was reacting to news that more than 400 bronze markers -- perhaps many more -- have been stolen from the graves in at least a half-dozen cemeteries in the Byron-Bergen area.
The case is being investigated by both the State Police and the Sheriff's Office.
The markers are placed by families and veterans service organizations and, in many cases, were pushed into the turf beside the headstone of a veteran decades ago.
The markers are designed as flag holders and include a bronze medallion designating a veterans group, such as the American Legion or Veterans of Foreign Wars. The medallion typically weighs about a pound and the current replacement value is $32 each.
"They're very expensive," said Nieder, a local veterans leader. "I do discourage people now from getting them because they do have a tendency to walk."
Nieder said since the 1990s, veterans and families have been more likely to buy aluminum markers, which have no scrap metal value to speak of, or less commonly, plastic.
Whoever is involved in the theft of the markers is facing a charge of grand larceny, said Trooper Victor Morales, public information officer for Troop A.
Nieder pointed out that there is a law now on the books that covers both the sale and purchase of markers used on the graves of veterans. Section 450-A of the state's general business law says "it shall be unlawful for any person, firm, association or corporation to engage in the buying or selling of metal cemetery markers and flag holders bearing the insignia of any veterans' organization placed upon the graves of veterans."
Each violation of the law is punishable by a $500 fine or 15 days in jail or both.
Morales said the State Police are investigating the left of markers in four cemeteries in the Byron-Bergen area. More than 400 markers were stolen from these cemeteries. The Sheriff's Office is investigating thefts from other cemeteries, but Morales didn't know how many other cemeteries or how many additional markers were stolen from those locations.
We've been unable to contact the investigator with the Sheriff's Office handling the case.
The disappearance of the flag holders was discovered over the weekend. It's unknown when they might have been taken.
When asked for his reaction to the thefts, Neider said his first thought wouldn't be publishable. He said this isn't like stealing something from somebody's front lawn. The thieves are going into graveyards and stealing from those who unselfishly served and are dead and buried and unable to defend themselves.
"It's the ultimate slap in the face to these veterans and their families," Neider said. "They earned these markers by their service. It's akin to the problem in Batavia earlier this summer of people going in and desecrating headstones. It's almost beyond that because these markers are earned by these veterans, and it's a cemetary for crying out loud. ... It's pretty low. As low as you can go."
Anyone with knowledge of the whereabouts of these items, or, who may have information on the larcenies is asked to contact the State Police in Batavia at (585) 344-6200 or the Genesee County Sheriff's Office (585) 343-5000.
UPDATE 7:40 p.m.: We just spoke with Tom Williams, with the American Legion in Bergen. He said local Legion leaders are trying to figure out what to do. It would cost $16,000 to replace all of the markers.
"That's a lot of money," Williams said. "You know how hard that is to come by."
He doesn't have a count on how many total markers were stolen. There's still an inventory taking place of all the graveyards in the Byron-Bergen region.
Among the more than 400 known to be stolen was the one that marked his father's grave, said Williams, who served in the Seabees from 1963 to 1966.
He doesn't think much of the perpetrators who lifted the markers of America's heroes.
"Those are people who made sure we were kept free," Williams said. "They did their job. They left their homes, their families. I did that, the same as my dad. It's just the idea that whoever did this is a real son of a bitch. It just bothers me. Why would they come here? Why would they do that? There are people who are nuts. They don't understand. They have no clue."
Photo: For the purpose of illustration, a picture of a marker in a local cemetery. If you see these, made of bronze, and they're not in a cemetery, contact local law enforcement.
Bobbie Jo M. Klycek found this beagle wandering in her backyard this morning. She lives on Lymon Road, Byron. She left a message with the animal shelter, but took the dog to work with her this morning (she works in Batavia). If this is your beagle, call her at (585) 507-5656.
UPDATE: It appears the owner has been located.
Patricia Ann Wheeler, 54, of Overlook Drive, Batavia, is charged with failure to keep right, driving left of pavement markings, and operation of a motor vehicle while impaired by drugs, first offense. At 6:07 Thursday evening, Wheeler was arrested on these charges and it is alleged that she operated a motor vehicle on a public highway while her ability to do so was impaired by drugs. She is to appear in Batavia Town Court on Nov. 20. The case was handled by Sheriff's deputy Joseph Corona.
Rachel Leigh Zepp, 20, of Northfield Gate, Pittsford, is charged with unlawful possession of marijuana, unlawful possession of alcohol by a person under 21, failure to obey a traffic control device, and drinking alcohol in a motor vehicle on a highway. At 12:31 a.m. last night, it is alleged that Zepp was found in possession of these items during a traffic stop, prompted by alleged observed violations of vehicle and traffic laws. She is to appear in Byron Town Court on Oct. 27. The case was handled by Sheriff's deputy Joseph Corona.
Gregory Seppe, 56, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th, attempted assault, 2nd, menacing, 2nd, possession of a hypodermic instrument and controlled substance not in original container. Batavia PD responded to a report at 10:20 p.m. Friday of Gregory Seppe "waving a knife around." It was also reported that Seppe put the knife in a toaster. When patrols arrived, a property manager told officers that Seppe threw a knife at him. While taking Seppe into custody, officers observed alleged hypodermic instruments and a crack pipe in plain view in Seppe's bedroom. They also found Seppe in possession of a controlled substance not in its original container. Seppe was jailed on $20,000 bail.
Haleigh I. Ogden, 16, of East Avenue, is charged with grand larceny, 4th, criminal possession of stolen property, 4th, petit larceny, criminal possession of stolen property, 5th, and unlawful possession of marijuana. Ogden is accused of entering a car on Chase Park and removing a purse containing credit cards and other personal items at 4 a.m. on Sept. 5. She's also accused of entering another vehicle on Chase Park and taking property from that vehicle that morning. She's also accused of possessing marijuana later that afternoon.
Thomas P. Moynihan II, 39, of North Street, Batavia, is charged with DWI, uninspected motor vehicle and operating out of class. Moynihan was arrested following the investigation by officer Kevin DeFelice into a scooter accident at 1:49 p.m. Friday at the corner of Ross Street and East Avenue, Batavia. Moynihan was jailed on $500 bail. (Initial Report)
Zachary C. Parker, 17, of South Main Street, Batavia, is charged with sexual abuse, 2nd, sexual misconduct and endangering the welfare of a child. Parker was arrested following an investigation by Batavia PD into a complaint filed at 3:30 p.m. on April 27. No further details released.
Curtis M. Gallagher, 30, of Elm Street, Batavia, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely and drinking alcohol in a motor vehicle. Gallagher was stopped at 2:49 a.m. Sept. 20 on Route 98, Batavia, by officer Matthew Wojtaszczyk.
Ryan F. Schumacher, 24, Ellicott Street, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Schumacher was arrested by officer Devon Pahuta following a complaint of harassment at 2:11 a.m. Thursday at an address on West Main Street, Batavia.
Steven J. Russ, 42, of Batavia, is charged with harassment, 2nd. Russ allegedly pushed another person to the ground. The alleged incident was reported at 11:06 p.m. Saturday at a location on South Main Street, Batavia.
Eric D. Halsey, 24, of Oak Street, Batavia, is cahrged with criminal mischief, 4th. Halsey was arrested following a reported domestic incident at 11:24 p.m. Thursday.
Matthew J. Poole, 23, of East Avenue, Batavia, is charged with owning an unlicensed dog. Poole allegedly found in possession of three unlicensed dogs.
Jeffrey J. Farrell Jr., 27, of West Avenue, Medina, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Farrell was released on cash bail.
Gabriel Pena-Aragon, 26, of Chatham GDNS, Rochester, was arrested on a warrant for parking on city streets between 2 a.m. and 6 a.m. Pena-Aragon posted police bail and was released.
Shaun P. Coulter, 29, of Harvester Avenue, Batavia, is charged with criminal mischief, 4th. Coulter is accused of damaging several outlet covers at UMMC while there for treatment.
Joseph F. Rotoli Jr., 52, of South Main Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, unlicensed operator and unsafe turn. Rotoli was stopped at 7:44 p.m. Sept. 20 on West Main Street by officer Nedim Catovic.
Philbert P. Williams Jr., 20, of Jackson Street, Batavia, is charged with petit larceny. Williams allegedly stole merchandise from Olympia Sports on Lewiston Road, Batavia. Also charged was Terrance Brown, 20, of Jackson Street, Batavia.
Kevin A. Cole, 36, of North Lyon Street, Batavia, is charged with harassment, 2nd. Cole allegedly issued threats at another person.
Blanton E. Thatcher, 61, of West Main Street, Batavia, is charged with a building code violation. Thatcher was arrested on a warrant for allegedly failing to appear on a code violation. He posted bail and was released.
Brian R. Preedom, 48, Holland Avenue, Batavia, is charged with coercion, 1st, aggravated harassment, 2nd, and trespass. Preedom allegedly threatened another person and went on that person's property without permission. He was jailed on $2,500 bail.
Janice L. Lear, 50, of West Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe lane change. Lear was stopped at 12:10 a.m. Sept. 18 on West Main Street, Batavia, by officer Matthew Wojtaszczyk.
Melanie Suzanne Mercurio, 23, of Genesee Street, Corfu, is charged with driving while ability impaired by alcohol and failure to keep right. Mercurio was stopped at 2:25 a.m. Sunday on Pearl Street Road, Batavia, by deputy Joseph Corona. (CORRECTION: The original charge listed was inncorrect and it has been corrected).
Nichole Marie McKerrow, 30, of Niskey Lake Road, Atlanta, Ga., was arrested as an alleged fugitive from justice on a felony violation of probation charge. She waived extradition and was transported to New York and is being held without bail.
Preston Scott Daigler, 16, of Batavia-Oakfield Townline Road, is charged with assault, 3rd. Daigler allegedly punched another person in the mouth causing the victim to sustain loose teeth requiring provisional splinting. Daigler was taken into custody by Batavia PD on an unrelated non-criminal matter and turned over to the Sheriff's Office. He was jailed on $2,500 bail.
Rion J. Pawlak, 33, unknown address, is charged with petit larceny and falsifying business records. Pawlak was held in custody. The alleged crime was reported in Stafford. No further details released.
Stephen A. Marazita, 32, of Byron, was arrested on a warrant by State Police. He's also charged with a traffic violation. No further details released.
Jeremiah J. Bach, 33, of Clifton Park, is charged with felony DWI and felony driving with a BAC of .08 or greater. Bach was stopped at 3:45 p.m. Saturday on Commerce Drive, Batavia, by a trooper.
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