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Law and Order: Kelsey Road man faces two new felonies related to child porn case

By Billie Owens

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.

Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.

Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20th.

Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.

Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.

Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Restitution of $14K again delayed in case of former nurse who falsified business records

By Howard B. Owens

Michelle Ann Case, whose criminal case goes back to 2011, still owes her former employer, HomeCare & Hospice, in the neighborhood of $14,000 but her restitution has yet to be placed on a payment plan by a judge and such a plan was delayed again in County Court this morning.

The 50-year-old Case has been through two trials, convicted twice but the first conviction was overturned on appeal.

This morning Judge Charles Zambito ordered Case to prepare a financial affidavit to help him determine appropriate monthly payments and set a hearing for 9:45 a.m., Dec. 18.

Meanwhile, Public Defender Jerry Ader, representing Case, is challenging Zambito's jurisdiction to order restitution payments.

Because Case has moved a couple of times since her jury trial conviction in July 2016 her probation was transferred to Erie County and then to Niagara County.

She is no longer on probation.

Ader contends that since she was last on probation in Niagara County, the county court in Niagara County has jurisdiction over restitution. He said there is no legal mechanism to transfer jurisdiction back to a court in Genesee County.

District Attorney Lawrence Friedman disagrees. He argued that legal precedent doesn't cover jurisdiction over restitution just other matters related to probation.

Ader said he will prepare a written memo for Zambito on his interpretation of legal precedent for Zambito to consider prior to the Dec. 18 hearing.

Case was convicted of falsifying business records in order to increase her compensation from HomeCare & Hospice. She said the inaccurate records were not her fault.

Toyota of Batavia team sets bowling game mark; Wagner rolls 300--824

By Mike Pettinella

The Toyota of Batavia team in the league of the same name at Mancuso Bowling Center set a Genesee Region USBC record for high team game on Thursday night (Nov. 29).

Bowling on lanes 17-18, the team of Nate Cordes (297), Josh Elliott (265), Matt Buckley (214), Jason Gallo (216) and Wagner 279) registered a 1,271 game to cap off a big night, that also featured a 300 game and 824 series by Batavia's Wagner.

The 1,271 eclipses the 1,220 rolled by the Terry Hills Restaurant team of Fred Gravanda, Jerry Martino, Don Buckley, Joe Trigilio and John Gravante at Mancuso Lanes in February 1986.

Wagner rolled 245-300-279-824 -- his 37th perfect game and fourth 800 series. As the season nears the midway point, the 35-year-old lefty is averaging 245, which also would be a GRUSBC record.

Gallo finished with 717 -- he's averaging 235 -- while Cordes shot 715, closing with a 297 game. Elliott had 657 and Buckley, filling in for regular Leon Hurd, added 556 for a 3,469 total -- short of the Terry Hills' team record by 103 pins.

In other recent league action around the Genesee Region:

-- Curtis Foss of Medina finished with a 299 game on Sunday to place first in the weekly Sunday Rolloff at Medina Lanes. He left a solid 8-pin on the 12th ball. Earlier in the week, he had a 773 series in the Sneezy's Monday Night League at Oak Orchard Bowl in Albion.

-- Chris Bardol spun a 769 series in the G&W Vending League at Rose Garden Bowl in Bergen.

For more high scores, click on the Pin Points tab at the top of this page.

Photos: Christmas in the City 2018

By Howard B. Owens

The Batavia Improvement District hosted Christmas in the City last night, which included sleigh rides, a toy train ride, visits with Santa (and the Grinch) along with local Christmas shopping.

For pictures of the parade by Jim Burns, click here.

Gregory Hallock as Grinch and Nora Browne as Cindy Lou at GO ART! Hallock made his costume while Paige Sikorski, who is 13, put on his makeup.

Paul Grazioplene posed with Grinch, trying to convince his child that Grinch wasn't scary but the child didn't buy it.

There's a tiny little bundle in Santa's lap. It's 1-month-old Greyson Malcomb getting his first picture with Santa.

Batavia Police Sgt. Dan Coffey with Bo Coffey and Alyssa Coffey. Bo and Dan were in line waiting for a ride in the horse-drawn sleigh.

Photos: Christmas celebrated, loved ones remembered at first-ever tree lighting in Pavilion

By Howard B. Owens

The Town of Pavilion held its first Christmas tree lighting yesterday, with residents and local businesses decorating trees in the park in Pavilion.

Several families decorated trees in memory of loved ones who have passed. 

The tree in the top photo is a memorial to Bill Prosser, a Navy veteran who served at the end of World War II. In the photo: Joan, Debbie Prosser, Ken Prosser, Jim Prosser, and Liz Prosser.

Rhonda Clary with a memorial tree for her son John, a popular student at Pavilion High  School who died in 2004.

The family of Jack Carney with a memorial tree for him.

Photos: Create-A-Critter at Genesee County Park

By Howard B. Owens

Kaylee Brown, 5, with her father Chris Brown, shows off the reindeer she made at yesterday's Create-A-Critter session at the Genesee County Park Interpretive Center.

A couple of dozen children showed up over two sessions yesterday where the kids could create small little animals out of corncobs, pine cones, thistle pods, and other natural materials.

Below, Rhowen Torrey, 4, with Gregg Torrey.

Photo: Le Roy Winterfest 5K

By Howard B. Owens

It was Winterfest in Le Roy yesterday. Along with shopping, crafts, and Santa, there was the annual 5K race. We were there for the start of the race.

Photos: Christmas in Oakfield

By Howard B. Owens

Kaitlyn Sturgeon tells Santa that for Christmas she wants a big Lego set during Santa's visit to Oakfield yesterday.

Below, Christian Quinn, Kaylee Quinn, Mitchell Quinn, Kaitlyn and Hannah Sturgeon.

While in Oakfield, we also visited the Genesee Society of Model Engineers' annual open house.

Photo: Santa at Foxprowl

By Howard B. Owens

Six-year-old Taylor Moorehead tells Santa and Mrs. Claus that she wants a remote car for Christmas during a visit to Foxprowl on Ellicott Street in Batavia yesterday.

A few superheroes also dropped in at the store, as well.

Photo: December Rainbow

By Howard B. Owens

Lyndsay Baker captured a shot of a rainbow this morning.

Christmas in the City Parade

By James Burns

Saturday night was Batavia’s Christmas in the City Parade. It was a little cold, at times there was a little rain, but a lot of fun was had by all in attendance. 

The parade had a new rouet and direction down Main Street, concentrating most of the crowd from city hall down to Bank Street. 

There were a few first-time participants enjoying Christmas in the City this year. The person I talked to was surprised by the large turnout and said that they had never made it out for the event before. She said her and her family would be sure to make the event an annual family trip from now on. 

Live Nation Lawn Pass for 2019 on sale Tuesday --unlimited lawn access to all summer concerts at Darien Lake, even if sold out

By Billie Owens

Press release:

The Live Nation Lawn Pass provides unlimited lawn admission to all concerts at any of your local participating Live Nation amphitheaters throughout the 2019 season for one price. 

Lawn Pass will go on sale starting at 1 p.m. on Tuesday, Dec. 4 and be available through Dec. 18 or while supplies last, making the pass the perfect holiday gift that can be enjoyed all next summer.

To purchase the pass, fans can go to lawnpass.livenation.com and use the dropdown menu to select a desired amphitheater. Each fan will receive a custom laminate with their name and unique barcode that serves as their ticket on show day. Once fans scan in, they are all set to dance the night away on the lawn.

The full list of participating amphitheaters found below. Pricing varies per amphitheater and further details and restrictions for the Lawn Pass can be found at lawnpass.livenation.com.

Sold for a limited time only, this pass will give fans lawn access to Live Nation concerts (even the sold-out ones!) at Darien Lake Amphitheater* for just $125 plus fees. In addition to guaranteed admission, passholders will receive Fast Lane access for speedy entry, complimentary lawn chair rental to chill out and enjoy the show, as well as exclusive ticket offers.

For pricing, details, restrictions or to purchase a Lawn Pass please visit lawnpass.livenation.com.

*Does not include pavilion only performances. Live Nation concerts only.

WWII book about USS Juneau has local connection

By Virginia Kropf

Rob R. Thompson, of Attica, has written 15 books, four of which were bestsellers, but his favorite so far is the story of the Sullivan brothers who were all killed on the USS Juneau during World War II.

Thompson will be at Le Roy’s Moose Lodge today (Saturday) to sign copies of "The USS The Sullivans" until 3 p.m. during the Le Roy Winterfest.

His book is not about the bombs, guns and steel which made up the ship, but rather it combines emotion, history and paranormal events surrounding the ship.

While researching for his book, Thompson spent three nights on the ship anchored in Buffalo’s Naval Park.

Thompson covers the history of the cruiser and details the life of Eugene Straub, originally of Darien, who was also lost aboard the Juneau.

During his research, Thompson located Straub’s daughter, now 75 and living in Utica.

The book is available online, as well as at the book signing.

Jerome Foundation honors Dr. Matthew Landfried for contributions to the community

By Howard B. Owens

The admiration for Dr. Matthew Landfried ran deep Friday at Terry Hills for the presentation of the Jerome Foundation's Health and Humanitarian Award but there was also a bit of humor along the way, including a giant bumblebee that delivered an honorary proclamation from State Senator Michael Ranzhofer along with a bouquet of flowers.

In the end, Landfried expressed his appreciation for the award.

"This doesn’t say what I do," Dr. Landfried said. "This tells me what the community thinks of who I am. I really appreciate it. Thank you very much."

Dr. Landfried is currently the medical director of Surgical Services and chairman of the Department of Surgery at UMMC, and serves on multiple committees at UMMC and its partner Rochester Regional Health. 

He also volunteers his time with Batavia and Notre Dame high schools, assisting on the sidelines of sporting events, serving as a team doctor. He's also been involved in several community organizations and supported many local causes financially. 

Greg McAlister introduced Dr. Landfried before the award presentation and his remarks along with a tribute video recalled many of accomplishments of Dr. Landfried's medical career, including remarks by a woman who recalled how Dr. Landfried stepped in to assist with a case after her father contracted sepsis after surgery.  The woman said she didn't want to return to the original surgeon. She said Dr. Landfried spent hours researching the case and trying to assist. When her father took a turn for the worse he tried to refer the case to a specialist in Rochester but none of the doctors he contacted would take the case.

"I begged Matt to try one last time and he did and he got a specialist to take the case," McAlister said, quoting from the unidentified woman's letter. "Because of Matt’s determination, my dad lived another 15 years.”

Dr. Landfried is a member of the Trauma and Critical Care response team of National Disaster Medical System of the U.S. Department of Health & Human Services, he has volunteered in Haiti, Texas, and other disaster sites supporting the critical medical needs of the communities struck by disasters such as earthquakes and hurricanes. He assisted at an orphanage in Haiti and remains in contact with them and provides financial help as well.

As part of Friday's festivities, each guest of the luncheon received a small jar of honey and a small wooden honey wand, which, along with the bumblebee costume, recognizes one of Dr. Landfried's hobbies: raising honey bees. He and his wife also grow apples, grapes and make wine on their farm property on Shepard Road.

In addition from a proclamation from Ranzenhofer delivered by a bee, Dr. Landfried received proclamations from Assemblyman Steve Hawley's Office, the County Legislature, delivered by Legislator Shelly Stein, and the Batavia City Council, delivered by Councilman Bob Bialkowski.

"People like you," Bialkowski said, "with your commitment, your dedication, all your time and contributions, you make Batavia a great place to live."

Le Roy celebrates Winterfest today

By Howard B. Owens

Press release:

Le Roy Business Council, along with The Woman of the Moose, Lodge 1132 will once again host Winterfest in the Village of Le Roy on Saturday, Dec. 1st, beginning at 10 a.m., with events going throughout the day and night. 

There will be a scavenger hunt throughout businesses and organizations in Le Roy beginning at 10 a.m., with cards available at the Moose, 12 Bank St, Le Roy. Prizes will be awarded to top finishers. Main Street of Le Roy businesses will have sales and specials throughout the day.  The Jinglin’ All the Way Run/Walk will take place at 3 p.m., with registration beginning at 1 p.m. at the Masonic Community Center, 21 Bank St.

The Christmas Around the World Project on the Oatka Creek Bank will be on display starting at Winterfest. The Annual Community Tree Lighting will be at 6 p.m. on the northeast corner of routes 5 & 19.

Visiting Nurses Association opens new, larger office in Pavilion

By Howard B. Owens

The Visiting Nursing Association hosted a grand opening today of its new office on Telephone Road in Pavilion.

The VNA is part of a regional network of providers based in Buffalo and the Pavilion office serves the GLOW region.

It consolidates offices that were in Batavia and Wyoming County in what VP Lisa Greisler said is larger and more convenient for the entire staff.

"We really wanted something that was centrally located for our staff and really for our referral services to know we’re smack in the middle of where you need us to be," Greisler said.

There are 70 nurses, aides and support staff serving the GLOW region with an increasing need for more staff, so the new facility will help meet current and future demand. The nurses and aides make more than 28,000 home visits a year.

The office provides visiting nurse -- who mostly work remotely -- with a central location for doing paperwork, getting supplies and meeting with other caregivers.

“We’re growing, which is good news," Greisler said. "This region, in particular, is continuing to grow with the number of patients we’ve been serving and it is growing every day so we’re happy to be able to be here and serve."

Photo: Lisa Greisler, Judy Baumgardner, president, Peggy Weissend, Lyn Waldraff, Courtney Boss, Sarah Dufour and Wendy Swart.

Pavilion man accused of dealing fentanyl, allegedly in possession of heroin at time of arrest

By Howard B. Owens
      Jack Benson

A 60-year-old Pavilion man has been arrested and accused of illegally selling fentanyl in Genesee County.

Jack E. Benson, of St. Mary's Street, Pavilion, is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Benson was taken into custody on an arrest warrant stemming from a sealed grand jury indictment following a traffic stop this afternoon in Stafford.

He is accused of selling fentanyl to an agent of the Local Drug Task Force on three different occasions. 

At the time of the stop, he was allegedly in possession of 24 doses of heroin and $1,300 in cash. 

Jolynn M. Gorski, 38, of Batavia, was reportedly a passenger in Benson's vehicle at the time of the stop. She was allegedly found in possession of drug paraphernalia and charged with criminal use of drug paraphernalia.

Benson was arraigned in County Court by Judge Charles Zambito and ordered held in the Genesee County Jail without bail. 

Additional charges are pending.

The arrest was the result of an investigation by the Local Drug Task Force. The task force was assisted by Batavia PD and the District Attorney's Office.

Oakfield-Alabama hires new superintendent

By Howard B. Owens

Press release:

The Oakfield-Alabama Central School District’s Board of Education (BOE), has selected John Fisgus as the district’s next superintendent.

 "I am deeply honored and extremely excited to join the Oakfield-Alabama school community and family," Fisgus said. "I am eager to begin my work as your next superintendent and I am excited to work for such a great board and staff at Oakfield-Alabama. It is my mission to make O-A a 'District of Distinction' and through collaboration and teamwork, the place to be!"

Matt Lamb, president of the Oakfield-Alabama Central School District’s Board of Education, said: "The Board of Education truly values the input we received from the various stakeholder groups who met with the candidates to help us make a final decision.

"We are confident that John Fisgus will lead our district through the issues we face in our region. With his leadership, we will work together to deliver the best education possible for our students.”

Fisgus is currently the principal of Royalton-Hartland Middle School, in the Royalton-Hartland Central School District (RHCSD), where he has served since 2008. His responsibilities as principal include supervising and hiring all instructional and support staff, developing and managing a building budget as well as assisting with the district budget development process.

Fisgus created honor courses in all four academic core subjects within the middle school and is the facilitator of the district’s Professional Learning Community Team. Prior to that, he served as the assistant principal at Lake Shore Middle School.

Fisgus began his career in education in 1998 as an eighth-grade math teacher at Depew Middle School in the Depew Union Free School District.

He holds a Bachelor of Science and a Master of Science in Secondary Mathematics Education from the State University of New York at Buffalo. Fisgus earned a Master of Science in School Administration from Canisius College and holds a New York State School Administrator/Supervisor and School Administrator Certificate.

The anticipated start date for the new superintendent is January.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as the search consultant and noted that the search process was a true collaboration between the Board of Education, district staff and community.

The Salvation Army is looking for 90 donations of $1,000 each to meet local needs

By Billie Owens

Press release:

Each year The Salvation Army launches its famous Red Kettle Campaign. The funds raised between Nov. 16th and Dec. 24th are a major part of the annual budget for each local outreach. In Genesee County we invite volunteers to man our red kettles and ring the bell outside local retailers, as willing community member place donations into the well-known red kettle buckets.

With the increase in online ordering, as well as the use of credit/debit cards as the main form of payment at stores, it becomes more and more difficult for us to reach our $90,000 goal. We are looking for 90 people who are willing to give $1,000 each to accomplish our challenge of 90 for 90!

Each week of our Red Kettle Campaign, we will host a Facebook live video on our Facebook page (TheSalvationArmyBataviaNY) honoring those who have answered the call in our 90 for 90 challenge.

Our mascot Ty the T-Rex will be live each day to announce our challengers and do his DINOmite appreciate dance.

If you would like to be one of our 90 for 90 challengers, simply send in your $1,000 donation directly to 529 E. Main St., Batavia, NY 14020 or call our office and let us know which kettle location you are taking your $1,000 gift to and Ty the T-Rex will be at the red kettle to congratulate you!

Maybe you’re a business owner who wants to give back? Maybe you and your family or friends want to pull together to donate $1,000 to bring hope to those in need? Maybe you’re a local church who is looking for a unique avenue of ministry?

Each and every one of you are part of our community of 58,242 and if we work together we can accomplish amazing things.

Will you take up the challenge today and challenge others to do the same?

The Salvation Army of Genesee County

(585) 343-6284

fax: 585-343-6717

Rachel.moore@use.salvationarmy.org

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