news

A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

A 38-year-old Central Avenue man charged with second-degree assault declined a plea offer this afternoon in Genesee County Court.

Jason E. Carpenter opted to take his case to trial, according to his attorney, Jerry Ader, and it was put on the court docket for the week of Nov. 13.

He was arrested in March following an investigation by City of Batavia Police Department into a fight involving multiple persons at the corner of Liberty and Sumner streets at 12:10 a.m. on Feb. 26. Carpenter is accused of punching another person in the eye, causing multiple facial fractures.

Carpenter is charged with second-degree assault, a Class D violent felony, and was subsequently indicted for the crime by the Grand Jury. The indictment alleges that with intent to cause serious physical injury to another person, he caused such injury to a person, on Feb. 26 on Liberty Street.

If found guilty on the charge, Carpenter faces up to seven years in state prison.

Under a plea deal offered by District Attorney Lawrence Friedman, the second-degree assault charge would be amended to attempted assault, a nonviolent Class E felony, with a prison sentence range of one-and-a-third to four years, which the judge would determine.

"He's not interested in the plea -- we'd like to schedule this for trial," Ader told Judge Charles Zambito.

Carpenter, a somewhat burly, bearded strawberry blonde who wore khakis, a plaid shirt in earth tones, and clutched a baseball cap in his left hand, did not speak in court.

A man charged with attempted murder accepted a plea deal in County Court today that guarantees a 15-year prison term.

Jeremy R. "Boog" Armstrong, 27, faced a six-account indictment for the shooting of a victim on Jackson Street, Batavia, on Dec. 2. Today was his plea cut-off date and if the case had gone to trial and he was convicted, the maximum available sentence could have locked him away for 37 years.

Armstrong hesitated when first asked by Judge Charles Zambito if he was ready to agree to the terms of the plea. His attorney asked for a recess to confer with his client.

Because there was also a jury trial scheduled for the morning, the recess lasted two-and-half-hours while the attorneys in that case delivered their closing statements.

The plea deal satisfied two indictments, with the one that included the attempted murder charge being reduced to a lesser included offense under count two of attempted assault in the first degree. The second indictment included a count from a separate incident of criminal possession of a controlled substance in the third degree.

When Zambito read the supporting circumstances for attempted assault, his attorney, Mark Foti, objected to "knowingly caused serious physical injury," and with the suggestion of District Attorney Lawrence Friedman, the language was changed to "intent to cause serious physical injury."

Again, Armstrong Hesitated, but after conferring with Foti entered his guilty plea.

He didn't hesitate when pleading guilty to the drug dealing charge.

Friedman said the agreement to nine years for criminal possession and the 15 years for attempted assault were "no more and no less," meaning Armstrong agreed to exactly that time in prison. The sentences would be served concurrently. His term of parole will be decided at the time of his sentence but will be between two-and-a-half and five years.

Sentencing is scheduled for 1:30 p.m., Oct. 6.

More than 200 local residents came together Thursday night at the YWCA on North Street, Batavia, to share words of peace and unity in response to the message of hate and bigotry in Charlottesville, Va., two weeks ago.

Speakers expressed both hope that our society can learn to live in harmony, and anger at chanted slogans and actions of the white supremacists who descended on Charlottesville.

Rev. Sheila Campbell recalled the murder of Heather Heyer, a counter-protester who was killed when a car allegedly driven by a white supremacist drove into a crowd of people, whom she celebrated as a hero who confronted the reality of injustice and inhumanity.

The last social media post by Heyer, Campbell said, was, "If you're not outraged, you're not paying attention."

Heyer, she said, was paying attention.

"The call for the removal of the Confederate statue was a cry for help and she responded in love by standing on the line of justice and equality," Campbell said. "Heather chose to stand on the side of that which unites humanity, which is encased in compassion and empathy. She made the ultimate sacrifice and her name will be forever etched in the annals which recall the blood of the slaughtered voices of justice."

Diana Kastenbaum, a Batavia resident and local business owner, openly confronted her own fear and anger sparked by what she saw on TV in Charlottesville and what she judged to be an inadequate response from some elected leaders and some in the media.

"Don't kid yourself," Kastenbaum said. "This march was not about statues and permits. It was about a group of people marching for equality and another group marching for superiority. There is no moral equivalency."

There were those, she said, who were slow to denounce the bigotry and hate, and even those who did denounce racism while glossing over the overt anti-Semitism, such as the neo-Nazis marching with tiki torches chanting, "Jews will not replace us."

She recalled driving to work the Monday after the protests and seeing two different pickup trucks driving in Batavia flying the Confederate flag from poles in the beds of their trucks.

"One pickup truck was parked in the same driveway of the house where three men on a darkened porch Heil Hitlered my family and I as we left Rosh Hashanah services last year," Kastenbaum said. "From that incident, I knew they were anti-Semitic. Now I know they are also racists. I wondered how many more Confederate flags I would see that day."

Brandon Armstrong, a local business owner, said he came to say a few words about racism.

"I can live my life and not worry about someone who hates me, but I need to know if I go to apply for a job am I going to get the same treatment as everyone else?" Armstrong said. "And if I do get the job, am I going to be treated fair or am I going to get the loan from the bank? See, it's not all about hate."

He said there needs to be a better understanding, and a better response, to what it is that holds poor minorities back from greater achievement, whether it's what they can and should do for themselves, or what needs to be done to help those who can't help themselves.

Other speakers included Father Ivan Trujillo, Dr. Mohammed Rumi, Pastor Jim Renfew, Pastor Ruth Warner (who also played a rendition of "What a friend I have in Jesus" on her oboe), Stan Schumann, president of Temple Emanu-El, and Jeannie Walton, director of the YWCA.

Rev. Roula Alkhouri, of First Presbyterian Church of Batavia, one of the event's organizers, helped open and close the vigil.

She said she was stunned about the news coming out of Charlottesville two weeks ago.

"I didn't know how to respond," Alkhouri said. "I was afraid. A part of me was afraid. As a woman. As an Arab-American. I thought of the fear that people like me experienced because of the hate of others. So I didn't know what to say, what to do. How do I respond? Do I even dare speak up? But then my faith, the example of Jesus in my life led me to say you have to speak up. You have to say something, you have to stand up for what is right.

"And these words from Romans 12:21 came to me. 'Do not overcome evil by evil but with good.' And so I thought what is good in this moment? I thought of the good that comes from us coming together, our standing and say we can love across the boundaries that separate us or seem to separate us, of race, of religion, of different wants or thoughts or political persuasions. We can come and say hate has no place in our country."

Rev. Sheila Campbell

 Rev. Roula Alkhouri

Pastor Ruth Warner

Father Ivan Trujillo

Brandon Armstrong

Stan Schumann

City fire is going to 112 Vine St. for a report of someone burning something inside a barrel outside.

Batavia Boy Scout Troop 6006 Joe Marchese is posing with one of 18 fire hydrants he plans to refurbish the outside of them this Saturday, Aug. 26th. He is looking for people willing to donate their time to help with his Eagle project.

It will benefit the Town of Batavia on Edgewood Drive, Woodland Drive, Valle Drive and Fairway Drive. Supplies suggested to bring, if possible if you have on hand, are wire brushes and paint brushes but this is not mandatory.

Please meet at 29 Edgewood Drive, Batavia, at 8:30 a.m. until 4 p.m. this Saturday.

For more information please contact Joe at 585-343-3784. Refreshments will be provided during the day and food afterward.

A tow-truck driver suffered a minor medical issue while driving on Clinton Street Road near Grand View Cemetary when he lost control of his vehicle while trying to pull over, and the truck continued to travel off the roadway striking some signs. He was not injured in the crash. Sheriff's Office, Batavia fire, and Mercy EMS responded.

Photos submitted by Brian Odachowski.

A new support network for adults living with all types of arthritis and rheumatic diseases is launching in Batavia on Sept. 27.

The Arthritis Support Network in Western New York will hold its local debut event from 6 to 8 p.m. at the Richmond Memorial Library, located at 19 Ross St. in the City of Batavia.

It aims to help and support those with arthritis through connection, education and empowerment.

To RSVP or to get more information, contact Jim@Arthritisintrospective.org or go online to arthritisintrospective.org/local

Batavia PD is randomly selecting semi-trucks traveling on Ellicott Street through the city for safety inspections. Officers pull over a truck and then instruct the driver to pull into the parking lot next to Falleti Ice Arena on Evans Street.

UPDATE 1:34 p.m.: There is another checkpoint for truck safety inspection selections set up on Ellicott Street between Liberty and Jackson streets.

Kelly Leigh Stanton, 23, Sparksboro Drive, Camillus, is charged with forgery, 2nd. Stanton allegedly claimed to be her sister during an arrest at 12:18 a.m. on Aug. 5. She is accused of signing her sister's name on a fingerprint card. She was jailed on $15,000 cash bail or $25,000 bond.

Joelle Marie Devincetis, 34, of Weston Road, Rochester, is charged with aggravated unlicensed operation, 3rd, and inadequate plate lamp. Devincetis was arrested on a warrant out of Town of Stafford Court and jailed on $200 cash bail or $2,500 bond.

Kmart in Batavia has again dodged the budget cutting ax of parent company Sears, as the 124-year-old retail giant continues to see sales revenue drop across the country.

This morning, Sears announced that it's closing 28 Kmart locations, but the Batavia store is not on the list.

In July, Sears announced it was closing 35 locations, and neither Kmart nor the local Sears outlet made the list. In all, the company has closed 180 locations in the past year.

The announcement after Sears made its latest revenue report to stockholders, revealing an 11.7-percent drop in sales on a same-store basis. The company lost $251 million for the quarter.

In March, another legendary retail chain, JCPenney, announced it was closing stores across the nation, but Batavia's store was not on the list. 

Kohl's Department Stores has also been struggling with declining retail sales, but that company's CEO said that rather than close stores, it will shrink existing stores.

A 17-year-old resident of Basom has been indicted on two counts of unlawful surveillance in the second degree. The youth is accused of using a recording device to surreptitiously view, broadcast or record, under the clothing being worn by another person, showing the sexual or other intimate parts of the person.

He's also accused in the second count of surreptitiously using a camera to record or view a person in a location where the person expected privacy without the person's consent. The first count stems from an incident reported Jan. 31 and the second count from an incident reported June 7, both in the Town of Oakfield.

Common Core spring results show improvement for Batavia City School Students, a point Superintendent Christopher Dailey emphasized during a conversation today, but that isn't the most important stat he looks at in evaluating student proficiency.

The most important number to him, he said, is the district's 95-percent graduation rate.

"The tests are supposed to be an indicator of graduation readiness and I've yet to see that kind of link because we graduate a lot of kids who go on to do great things," Dailey said.

In English Language Arts, the district improved from a 34-percent pass rate last year to 36 this spring. The statewide pass rate is 40 percent, but Dailey noted that in both ELA and Math, City Schools perform on par with other small city school districts.

In Math, the district improved from 36 percent to 38 percent with a 40-percent statewide rate.

In ELA, 40 percent of the girls passed and 29 percent of the boys. The pass rate for girls in Math was 35 percent and 40 percent for boys.

The test was given to students this spring in grades three through eight.

Dailey said Common Core provides more data points to measure how the district is doing and what it might need to address to meet the educational needs of students, but it isn't the only data point.

"If you look at like schools, we're doing OK, but not good enough," Dailey said. "We still need to improve and we will."

Other Genesee County districts:

• Byron-Bergen, from 42 to 49 percent in ELA, and 49 to 48 percent in Math;
• Le Roy, from 39 to 43 percent in ELA, and 45 to 50 percent in Math;
• Pavilion, from 30 to 34 percent in ELA, and 45 to 42 percent in Math;
• Alexander, from 34 to 33 percent in ELA, and 47 to 43 percent in Math;
• Oakfield-Alabama, from 33 to 41 percent in ELA, and 50 to 49 percent in Math;
• Elba, from 30 to 27 percent in ELA, and 36 to 41 percent in Math;
• Pembroke, from 39 to 36 percent in ELA, and 50 to 45 percent in Math.

For complete countywide results, click here.

The three-peat Section V champs Batavia Blue Devils get to play in another big-time stadium in their first game of the season Sept. 3 and boosters are hoping for a big local turnout.

The Blue Devils will face Johnson City at the Carrier Dome in Syracuse. Kickoff is 2 p.m.

Tickets are available at Batavia High School in the Athletic Director's Office. Summer hours are 8 a.m. to 3 p.m. Tickets are $8, or $10 at the door. Checks for tickets bought locally should be made out to Batavia Coaches Association.

Students are encouraged to sign up in the AD office. A ticket and a ride on the spectator bus will be $10.

Rae C. Cook, 28, of Ellicott Street, Batavia, is charged with harassment, 2nd. Cook is accused of punching and kicking a roommate in the face during an argument at midnight, Monday. 

Passiona C. McConnell, 39, of Bank Street, Batavia, is charged with curfew violation. McConnell is accused of allowing her two juvenile children to violate the Batavia Municipal Code curfew.

Minnie M. Henry, 29, no permanent address, Batavia, is charged with criminal mischief and harassment, 2nd. Henry was arrested on a warrant and detained in jail.

A 17-year-old resident of Main Road, Le Roy, is charged with trespassing. Deputies responded to a complaint of several individuals trespassing on property at 7875 E. Main Road, Le Roy. The youth was identified as an alleged trespasser, arrested and issued an appearance ticket.

A truck fire at Z&M Ag and Turf in Oakfield this morning caused quite a bit of smoke. Lori Forsyth, who provided the picture, said it inundated her house on Batavia Elba Townline Road. The fire was reported at about 9:15 a.m. and Oakfield fire responded. The fire was out quickly.

A severe thunderstorm warning is in effect until 8 p.m. For parts of Genesee County, including Batavia.  

The storm has been detected by radar over Clarence and is moving east at 40 mph.

Wind gusts of 60 mph are possible.  

Wind damage including downed trees, branches and power lines is possible.

An attempt by Scott F. Doll to get his 2010 murder conviction overturned has hit a final state-level roadblock, with New York's Court of Appeals turning down a request for either a hearing or a new trial based on Doll's lack of legal right to seek the appeal.

An attorney for Doll, Timothy Murphy, argued in January 2016, before Interim County Court Judge Micheal Pietruszka, that his client should get a new trial because of what he believed was a mishandling of fingernail scrapings from the murder victim, Joseph Benaquist, and the possibility of third-party blood DNA on one of the boots of Benaquist.

Pietruszka denied the appeal and Murphy appealed to the Fourth Department of the New York Court of Appeals and a judge there ruled that the department wouldn't hear the appeal or grant a new trial.

Today, a judge with the state's Court of Appeals issued a ruling that said Doll was asking for an appeal on issues that were not appealable. 

For previous Scott Doll coverage, click here.

Genesee County's unemployment rate ticked up a percentage point, even though the number of people reported as unemployed in the county remained steady at 1,300.

The rate rose year-over-year from 4.1 percent for July to 4.2.

There are 29,000 people in the county with jobs.

The total labor force -- the number of people working or looking for work -- is 30,300, down from 30,600.

Nationally, the unemployment rate is 4.6 percent. That's what's known as the U-3 number. The number that accounts for people who have stopped looking for jobs out of discouragement and part-time workers who would like full-time employment for the nation is 10.4 percent. That rate has been falling steadily since 2009 from a high of nearly 18 percent. (source, The Wall Street Journal)

That kind of detail is not available for job markets as small as Genesee County.

Wage growth nationally remains stagnant. 

The state's unemployment rate is 4.9 percent.

The GLOW unemployment rate is 4.9 percent, a tick higher than a year ago. The region's labor force has dropped from 98,300 to 96,900.

A caller in the area reports seeing a person with a shopping cart full of merchandise who walked from Walmart to Pawn King.

The caller suspects the items were stolen from Walmart.

A trooper is responding.

UPDATE 3:45 p.m.: When the trooper pulled up, the subjects left Pawn King and were last seen walking toward Office Max. They left the merchandise on the counter at Pawn King.