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Charges filed in Spectrum truck case

By Howard B. Owens
         Daniel Lewis

Daniel Jon Lewis, already a suspect in several crimes in January -- a period he was out of jail while awaiting sentencing on a prior conviction -- has been charged in a Jan. 25 incident involving a police chase of a Spectrum work truck.

Lewis is charged with: six counts of criminal mischief, 2nd; one count of criminal mischief, 4th; unlawful fleeing a police officer in a motor vehicle; reckless driving; leaving the scene of a property damage accident; driving on a sidewalk; three counts of insufficient turn signal; and two counts of failure to stop for a stop sign.

Police say the Spectrum truck was stolen, perhaps by Lewis, from a residence outside the City of Batavia. After the truck was reported missing, a Batavia police officer spotted it on Washington Avenue. Lewis is accused of fleeing when the officer attempted a traffic stop.

Lewis allegedly drove to the end of Charles Street and then took the vehicle through multiple backyards of residences on Oak Street in an attempt to evade police. Lewis is accused of knocking down several fences, striking three parked cars, and a house. The incident reportedly caused more than $25,000 in damage.

Lewis then is alleged to have abandoned the vehicle and fled on foot.

There were no injuries reported in the incident.

Lewis was arrested Jan. 25 and charged with a Jan. 1 robbery on Bank Street and is currently being held without bail on that charge.

On Dec. 6, he entered a guilty plea on a possession of stolen property charge stemming from an incident in May where he was found sleeping in a vehicle in Pavilion that contained stolen property along with another person.

There was a misunderstanding of the new bail reform rules that were about to take effect in New York during that hearing.

It's unclear if Lewis might have won release from custody while awaiting sentencing without that misunderstanding. But the assumption that Lewis would be eligible for release on Jan. 1 under terms of bail reform did factor into Judge Charles Zambito's decision to release Lewis under supervision of Genesee Justice.

Previously:

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Board of Health expected to adopt rule requiring some food servers to take food safety course

By Howard B. Owens

The county Board of Health may soon adopt a new policy that will require establishments and events offering prepared foods to have at least one supervisor or server on hand who has completed a certified food safety course. The aim is to better protect the public from the transmission of disease during food handling.

The 60- to 90-minute course costs from $10 to $15 and will provide the person taking the course with information on the safe preparation, storage and handling of food.

"The goal, really, is to make sure Genesee County residents are as safe as they can be, so they don't have to worry when they go out and eat in restaurants or establishments that serve food," said Paul Pettit, director of the Health Department. "We want to make sure they're providing the safest meals possible. It's about protection and prevention."

The new food safety requirement will apply both to established restaurants and temporary food stands, such as you find at community events, fundraisers, carnivals and the fair.

Businesses and groups serving food will not be required to ensure every cook and server take the course, only that at least one person working during any period where food is being served to the public, or during preparation, have a certificate of completion for the course. 

While some online courses set an expiration date on the certification, the county's rules will honor any certificate proving a person has taken a course, even if it is printed with an expiration date.

The Board of Health is appointed by the Genesee County Legislature and is the policy-making body for food safety rules in the county. The board has been discussing the proposed rule at recent meetings, Pettit said, and he expects the board to approve the policy change.

Businesses and community organizations will have at least a year to comply.

The policy will apply to any food service that is required to have a Health Department permit to serve food.

The course covers such things as the temperatures necessary for properly storing food, hot or cold, how hot to cook food, especially meats, and properly handling food.

"If they don't cook the chicken until it's falling off the bone, or 165 degrees, which is the correct temperature, we may have a problem," Pettit said.

One of the biggest worries in food safety is the transmission of hepatitis A, which can happen when people serving food handle it with their bare hands (hepatitis A is transmitted from fecal matter). There have been incidents of hepatitis A outbreaks as recently as last year in Erie County. That's why even a community event where pizza is served by untrained volunteers is a concern, Pettit said.

Pettit said the same policy has been in place in Orleans County for 10 years and hasn't proven onerous for businesses nor community groups. It has also been implemented in several other Upstate counties. It's also a requirement of federal food regulations and New York is one of the last states not to adopt those standards in its own statewide regulations. That is something Pettit said is likely to change very soon.

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COVID-19 may never reach Batavia but local officials say community preparedness is critical

By Howard B. Owens

The first case of coronavirus in New York was announced yesterday but that was in New York City and so far there is no evidence of the disease reaching Western New York. That doesn't mean, however, that Genesee County residents shouldn't be aware and have a plan for dealing with a nearby outbreak, local health officials say.

Local health agencies have been keeping an eye on COVID-19* since it was first reported in Wuhan, China about two months ago, said Paul Pettit, Genesee County health director.

He said local officials have been in discussion with state officials for weeks as well as communicating with and monitor information from the Center for Disease Control.

The plan right now is to encourage people to do what they normally should due during flu season:

  • Wash your hands frequently;
  • Cough and sneeze into a tissue or your elbow;
  • Don't put your hands to your face;
  • If you have flu-like symptoms, call your doctor and follow your doctor's instructions (don't go to the ER or your doctor's office unless instructed);
  • If you're sick, isolate yourself from other people;
  • Be informed with timely and accurate information.

"The primary goal is containment and (to) suppress it as best we can," Pettit said. "If we find a case, we want to develop a case history, find how who may people have been exposed, where the person has traveled if they've been out and about and at public events. That is the best way to suppress it and ensure to lock it down."

One thing you don't need to do: Hoard masks. The only people who need to wear masks, Pettit said, are health care workers and people already infected. They will do little to help people in the general public to protect them from infection and hoarding masks will make it harder for those who truly need them to get them.

One of the reasons this new virus was able to spread quickly -- outside of the Chinese government mishandling the initial outbreak -- is that a person can be a carrier for two weeks and show no symptoms. So if a person doesn't know he or she is infected, that person is going to go about their normal daily routine.

There are two ways the disease is transmitted in the United States -- either by those people who have traveled overseas in a region where Corvid-19 is spreading or by what authorities call "community transmission" (people who became infected by coming into contact with an infected person in the local community).

The one infected person in New York City is a woman in her 30s who recently returned from Iran, where more than 1,500 cases have been reported and 66 people have died (250 people have recovered).

Obviously, Pettit said, community transmission is the larger concern but people who have traveled to regions where the disease is present should be quarantined upon their return to the United States.

So far, four people in Genesee County (and five in Orleans County) who traveled to China have been quarantined. All four were isolated at home for two weeks and monitored daily for signs of illness. None became ill, Pettit said. None of the individuals had been to Wuhan, China.

Schools, faith-based organizations, community groups, and those holding public gatherings, also need to develop plans for responding to a potential outbreak, Pettit said. The CDC website can be a resource for local organizations to develop response plans.

"We don't want people to panic but we want people to understand it's a serious issue," Pettit said.

So far in China, there have been more than 80,000 cases reported out of nearly 90,000 reported worldwide. Globally, 3,056 deaths have been reported. In the United States, there are at least 90 confirmed cases and five deaths. There have been reports of community transmission in California, Oregon and Washington. There's concern that the virus spread in Washington for weeks without detection.

That isn't a concern here at this point, Pettit said, and this week, two of New York's infection disease labs became centers for testing for coronavirus.

United Memorial Medical Center is ready if the epidemic reaches Genesee County, said CEO Dan Ireland.

He said hospital staff, including Tricia Woodward, infection preventionist, have been monitoring the situation closely since the outbreak was first reported in China and keeping the rest of the hospital staff informed.

Like Pettit, Ireland said one of the best strategies to containing the disease is good information and acting on it.

"That means we're making sure we're prepared according to CDC guidelines," Ireland said. "We conduct education with the staff here, communicate out with our community partners, and Tricia does on-the-spot discussions with staff to make sure they have the correct information. We have routine education and drills to make sure our staff is always ready to respond."

If there is a local case, Woodward said the patient would be kept in a special isolation room and any staff entering the room would wear goggles, a mask, gloves and a gown.

Like Pettit, Woodward said the best strategy to level out transmission is for people who become sick is to stay home.

Not every case of COVID-19 is serious. Like the flu, most are not. The disease is most dangerous for older people, people with compromised immune systems, and people with respiratory difficulties, which is why the best recommendation for anybody who may become sick is to first, call your doctor. Don't leave the house unless directed to do so by a qualified medical professional.

"Having people flooding into ERs or doctors' offices when they suspect they're sick creates more of an environment where it can be transmitted, so it's not a bad thing to pick up the phone and call a doctor," Ireland said. "If you have a high fever, a doctor can provide proper guidance."

In China, there have been whole cities placed on a social isolation regime. That means people must stay home. Businesses and factories have closed. Public events were canceled.

If that happens here, people will need to be prepared with enough nonperishable, shelf-stable food and water to stay isolated for up to three weeks.

"Fortunately, we're nowhere near that stage anywhere in the U.S. or in this state," Pettit said. "Obviously the goal is to use quarantines to keep from getting to that point."

But a lot of any success is keeping the disease from spreading at China-like levels will depend on the actions of individual citizens, not government agencies.

"Everybody has to be personally accountable," Pettit said. "Everybody has to do their part and take care of themselves so they can take care of others."

*(According to the CDC: COVID-19, "CO" stands for "corona," "VI" for "virus," and "D" for disease.)

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Law and Order: Teenage girl living on Jerome Place accused of striking police officer

By Billie Owens

A 17-year-old female who lives on Jerome Place in Batavia is charged with second-degree harassment. She is accused of striking a Batavia Police officer during an incident at 12:27 p.m. Jan. 24 on Central Avenue in Batavia. At 1:56 p.m. on Feb. 27, she was arrested, processed and released with an appearance ticket. She is due in Batavia City Court at 1 p.m. on Tuesday, March 17 for arraignment. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Austin Hedges.

Kyle Christopher Madden, 27, of Lake Street Road, Le Roy, is charged with: grand larceny in the third degree; first-degree identity theft; and second-degree criminal impersonation. On Feb. 1, the Genesee County Sheriff's Office received a complaint of stolen credit card information from an apartment in the 8000 block of Lake Street Road in Le Roy, which was used to purchase merchandise online on Jan. 19. An investigation allegedly revealed the defendant stole property exceeding $3,000 and acted as the person who owned the credit card in an attempt to defraud the victim, and did this using internet websites. The defendant was arraigned in Town of Le Roy Court Feb. 28 and released. He is due back in court at a later date. The case was handled by Deputy Kevin McCarthy, assisted by Investigator Christopher Parker.

Nateeka M. Gibson, 30, of Tracy Avenue, Batavia, is charged with robbery in the third degree and second-degree harassment. She was arrested Feb. 21 and arraigned in Batavia City Court following an investigation of an incident that occurred at 1 p.m. on Feb. 15 on Washington Avenue in Batavia. She was released on her own recognizance and is to return to city court at a later date. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Austin Hedges.

William T. Hughes, 63, of South Spruce Street, Batavia, is charged with first-degree criminal contempt. On Feb. 25, Hughes was arrested after a domestic incident at 10:01 p.m. on South Spruce Street, wherein it is alleged Hughes violated an order of protection. He was arraigned on Feb. 26 an held without bail. He is due in Batavia City Court on March 12. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Eric Bolles.

Michael Douglas Busch, 20, of Elm Street, Batavia, is charged with petit larceny. Busch was arrested Feb. 27 after the investigation of an employee at Walmart in Batavia. Busch allegedly stole a total of $440 from Jan. 27 to Feb. 18 from Walmart cash registers while working there. He was issued an appearance ticket and is due in Town of Batavia Court on March 12. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Erik Andre.

Matt Landers to replace Jay Gsell as County Manager after Gsell's retirement in August

By Howard B. Owens

Press release:

At the Feb. 26th Legislature meeting, County Manager Jay Gsell announced his plan to retire as of Aug. 14. He will have 27 years as county manager and a total of 45 years working in government.

In addition to announcing his retirement date, Gsell shared details of the succession plan, which includes Assistant County Manager Matthew Landers' appointment to the position of County Manager.

Upon earning his bachelor’s degree from the College of William and Mary, Gsell immediately went on to American University earning his Master of Public Administration degree.

In the late 1970s and through the 1980s, he served as assistant or city manager in the cities of Trenton, Norton Shores, Eau Claire, Winchester, Cumberland, and Marshalltown. In 1993, after rising to the top of 70 applicants from a national search, Gsell was appointed county manager by the Genesee County Legislature.

According to Legislature Chair Rochelle Stein, he has completely immersed himself in Genesee County, a place he and his wife, Ann Marie, call home.

“Jay wears many hats; county manager and budget officer, family man, member (and past president) of Rotary, United Way board member and chair of the county’s comprehensive plan committee to name a few,” Stein said.

The Legislature has met with Landers and look forward to a seamless transition.

Landers brings nearly 10 years of municipal experience beginning with a three-year stint as director of real property tax services before a promotion to deputy treasurer and in 2014 assistant county manager.

Matt and wife, Melissa, are lifelong Genesee County residents.

He attended The College at Brockport where he earned a Bachelor of Science in Accounting and Master of Public Administration. He’s an active member of Kiwanis Club, Leadership Genesee graduate and is a certified public accountant.

Landers can been seen coaching daughter Katie’s softball team or working on the fields at Lyons Park or pitching to son, Ben, at batting practice.

“We are well-positioned to maintain quality administration of our county and look forward to promoting homegrown Matt Landers to county manager,” Stein said.

CORRECTIONS: A source provided the following corrections to the press release: Landers has 16 years of municipal government experience.  He was deputy county treasurer from 2004 to 2014. During that time, he was also director of real property for three years.

Law and Order: Alexander woman accused of striking man in face in front of kids

By Billie Owens

Deanna Lynn Yox, 34, of Broadway Road, Alexander, is charged with two counts of endangering the welfare of a child. At 9:27 p.m. on Feb. 25, Genesee County Sheriff's deputies responded to a residence on Broadway Road in the Town of Alexander for a physical altercation between a male and female. Following an investigation, Yox was arrested. She allegedly became involved in an altercation with an adult male and struck him multiple times in the face while in front of two children. Yox was issued appearance tickets and is due in Alexander Town Court at 4 p.m. on March 10. The case was handled by deputies Erik Andre and Brock Cummins.

Michael R. Lanze, 30, of Hutchins St., Batavia, is charged with endangering the welfare of a child and second-degree harassment. Lanze was arrested at 10:29 p.m. on Feb. 10. It is alleged Lanze punched another person in the head during a domestic dispute, while in the presence of two children. Lanze was arraigned in Batavia City Court on Feb. 11 and released. He is due back in court today (Feb. 27). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Wesley Rissinger.

Shannon M. Armstead, 26, of Bloomingdale Road, Akron, is charged with: second-degree criminal mischief; petit larceny, thrid-degree criminal tampering; and second-degree harassment. On Feb. 24, Armstead was arrested on a Batavia City Court warrant after being located by NYS Police. The warrant stems from an investigation into a disturbance at an address in the 4000 block of West Main Street Road in Batavia on Oct. 1. Armstead is accused of throwing paint on the victim's car. Following arraignment in city court, Armstead was released on recognizance and is due in city court on March 12. The case was handled by Batavia Police Officer Arick Perkins.

Raymond C. Cook, 49, of Pleasant Street, Le Roy, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- with a prior conviction within the last 10 years; driving while intoxicated -- with a prior conviction with the last 10 years; failure to keep right on a two-lane road; failure to return license plates/registration after revocation; aggravated unlicensed operation of a motor in the second degree -- with drugs/alcohol involved. Cook was arrested on Main Street in Batavia at 1:14 a.m. on Feb. 13. Batavia Police officers Austin Hedges and Nicole McGinnis conducted a traffic stop of the vehicle Cook was driving and allegedly determined he was intoxicated. Cook was arrested, then released with an appearance ticket for March 4 in Batavia City Court.

Heather K. MacPherson, 30, of Gully Road, Le Roy, is charged with driving while intoxicated with a BAC of .08 percent or more, and DWI. MacPherson was arrested at 3:03 a.m. Feb. 23 on Jackson Street in Batavia after she was allegedly found sleeping behind the wheel of her vehicle in the parking lot of a local vehicle. She was issued tickets returnable to Batavia City Court on March 4. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Eric K. Ricks, 41, of Ellicott Street Road, Batavia, is charged with fourth-degree criminal mischief. He was arrested following an investigation into a domestic incident that occurred on Feb. 17 on Thomas Avenue in Batavia. Ricks was transported to Batavia Police headquarters and processed. He was then arraigned in Batavia City Court and released on his own recognizance He is due back in city court at a later date. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

Dan. M. Carter, 58, of Leopard Street, Rochester, is charged with identity theft. Carter was arrested on Feb. 24 after a disturbance complaint on West Main Street in Batavia. He is accused of identity theft stemming from an incident at 3:59 p.m. on Feb. 28, 2017 in the 100 block of Walnut Street in the City of Batavia. Following his arraignment in Batavia City Court on Monday, he was released on his own recognizance and was due back in court today (Feb. 27). The case was investigated by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Adam D. Altobelli, 39, of Schell Place, Rochester, is charged with petit larceny and criminal possession of a controlled substance in the seventh degree. At 8:20 a.m. on Feb. 22, Altobelli was arrested after he allegedly stole a Red Bull energy beverage from the Dollar General store on East Main Street in Batavia. He was allegedly found to be in possession of a controlled substance at the time of his arrest. He was issued appearance tickets for Batavia City Court and is due there March 3. The case was handled by Batavia Police OfficerJoshia Girven, assisted by Officer Stephen Quider.

Jeremy M. Fairbanks, 42, of Jackson Street, Batavia, is charged with failure to comply with a court-ordered program. He was arrested and arraigned in Batavia City Court at 11:55 on Jan. 30 on a bench warrant. It was issued after he allegedly failed to comply with a court-ordered program on Jan. 22. He was released on an appearance ticket for city court Jan. 31 and was placed under supervision of Genesee Justice. The case was handled by Batavia Police Officer Alec Roberts, assisted by Sgt. Dan Coffey.

Devon A. Wright, 18, of Highland Park, Batavia, is charged with unlawful possession of marijuana in the second degree. Wright was arrested at 5:34 p.m. Feb. 12 on Law Street in Batavia after a traffic stop. Wright was released on an appearance ticket for Feb. 25 in Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.

Le Roy driver injures his back in Wyoming County collision, Canadian trucker cited for tailgating

By Billie Owens

A Canadian trucker was cited in a three-vehicle crash Feb. 20  that caused a Le Roy truck driver to injure his back. The accident occurred on Route 63 in the Town of Covington, Wyoming County.

Richard Witzel, of Le Roy, was transported to Wyoming County Community Hospital for back pain following the collision involving a passenger vehicle and two tractor-trailers.

According to Deputy Sampson (first name not provided) of the Wyoming County Sheriff's Office, deputies responded to the accident scene and determined Kayla Allen, 34, of Warsaw, was waiting to turn onto Court Road when she was rear-ended.

Allen was waiting for a westbound tractor-trailer to pass in order to make her turn, when a second tractor-trailer, driven by Randeep Sidhu, of Ontario, Canada, failed to stop and rear-ended Allen's vehicle.

The collision cause Allen's car to be pushed forward and under the westbound tractor-trailer operated by Witzel. The impact caused Witzel's axles to break off of his trailer.

Allen's vehicle was demolished and she was transported to Strong Memorial Hospital in Rochester for chest injuries.

All three vehicles had to be towed from the scene due to extensive damage.

Sidhu was charged with following too closely. He was issued an appearance ticket and is due in Covington Town Court at a later date.

Assisting Wyoming County Sheriff's deputies at the scene were the NYS Police, Pavilion Fire Department, Medic 80, BLS1, Karson's Garage, Stella's Towing, and T and R Collision.

Law and Order: New York City man accused of a bunch of crimes in Batavia

By Billie Owens

Calvin John Rodriguez, 40, of Hillside Avenue, New York City, is charged with: criminal contempt in the second degree; obstructing governmental administration; two counts of criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; and possession of a hypodermic instrument. On Monday (Feb. 24), the Genesee County Sheriff's Office was investigating a violation of a duly served order of protection. Deputies located the suspect -- Rodriguez -- who allegedly had made threatening gestures toward the protected party and acted in a manner contrary to the provisions set forth in the order of protection. During the interview with deputies, he allegedly attempted to flee the encounter and resisted as deputies attempted to perform their lawful duties. He was taken into custody and charged with criminal contempt in the second degree and obstructing governmental administration. The investigation led to the execution of a search warrant at an address on Park Road in the Town of Batavia. During the search, methamphetamine, prescription medications and drug paraphernalia were located, allegedly possessed by Rodriguez. He was arraigned the next day in Batavia City Court on the charge of second-degree criminal contempt -- a qualified offense under the new Bail Reform Law, and the other charges. He was put in the custody of the Genesee County Sheriff's Office in lieu of cash bail or bond. He is to appear in both City and Town of Batavia courts at a later date. Assisting in the investigation were members of the Genesee County Drug Task Force, Sheriff's Sgt. Michael Lute, Deputy Brock Cummins, Batavia Police, along with the GC District Attorney's Office. Rodriguez was also charged with petit larceny in connection with an incident that allegedly occurred the afternoon of June 8 at Kohl's department store on Veterans Memorial Drive in Batavia. He received an appearance ticket and is due in Batavia Town Court on March 5 to answer that charge. The petit larceny case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Town of Alabama tables proposed change to noise ordinance dealing with windmills

By Howard B. Owens
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Town of Alabama officials decided Monday night to table a proposed change to the noise ordinance regarding windmills and instead refer the matter to the town planning board to take up during the development of a new comprehensive plan.

Supervisor Robert Crossen said given the impossibility of establishing a baseline for ambient noise for existing windmills, it's not possible to come up with an adequate ordinance for how loud a windmill can be.

He suggested the zoning code might need to be amended for siting windmills.

"To me, distance solves sound," Crossen said. "So when the planning board revises the law -- currently we are allowing it one and a half times the height of the property line, and that may be too close."

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New charge filed against man released from jail after admitting to prior crime

By Howard B. Owens
          Daniel Lewis

Another criminal charge has been filed against a Western New York man who was released from custody Dec. 5 after admitting to stolen property charges in Genesee County Court.

Daniel Jon Lewis, 24, who has variously been listed as a resident of Lima, Chili, and with no permanent address, went on -- if the allegations against him are true -- a crime spree in Genesee County starting Jan. 1.

The latest charge against Lewis is petit larceny for an alleged theft at a residence on Stringham Drive, Batavia, just after midnight, Jan. 3.

Lewis is being held without bail in the Genesee County Jail on a felony robbery charge. He is accused of forcibly taking property from a person on Bank Street, Batavia, on Jan. 1. He was named as the suspect in that case and taken into custody late in January. By that time, he had allegedly committed a number of thefts and fled from police when allegedly caught in the act in the Haven Lane area.

When Lewis pled guilty to criminal possession of stolen property in the fourth degree as a second felony offender on Dec. 6, his attorney, Fred Rarick told Judge Charles Zambito that his client should be released from custody since, under terms of bail reform legislation taking effect at the start of the year, Lewis would be eligible for release while awaiting sentencing.

Neither Zambito nor District Attorney Lawrence Friedman contradicted Rarick's mistaken interpretation of the new law, but it appears that Lewis would not have been eligible for release under bail reform. CLARIFICATION: Lewis was eligible for release; however, his release was not mandatory.

Public Defender Jerry Ader brought the discrepancy to the attention of The Batavian after previous articles noted that Lewis was released from custody because of bail reform. While that may be factually correct, to the degree that was the understanding in County Court on Dec. 5, the truth is, Ader said, bail reform only applies to pretrial/preconviction defendants. 

"The pretrial bail reforms were no longer applicable to his case after he entered a plea of guilty," Ader said in an email to The Batavian. "The judge exercised his discretion when he decided to release Mr. Lewis to the supervision of Genesee Justice. He did not have to do so.

"He also had the authority at any time after Mr. Lewis was released to revoke that securing order and issue a new one, which could have included setting bail if he was not compliant with his release conditions."

Over the course of our discussion of the case, which included Ader reviewing the minutes of the Dec. 6 hearing, Ader asked that in reporting this clarification, we include his view: "I do not know whether the Court would have still released Mr. Lewis under supervision of Genesee Justice if Mr. Rarick had made the request after the plea was entered without any reference to the upcoming changes in the bail statutes. He may have been inclined to do it either way. You can’t tell from the record of the proceedings."

Lewis remains a person of interest, according to criminal justice sources, in the theft and police pursuit involving a Spectrum work truck Jan. 25. Lewis has reportedly been cooperating with investigators on several pending cases.

Previously:

Law and Order: Gabbey Road man accused of harassing dispatchers and making false reports

By Billie Owens

David James LeRoy, 27, of Gabbey Road, Pembroke, is charged with aggravated harassment in the second degree and falsely reporting in the third degree. At 3:57 p.m. on Feb. 23, LeRoy was arrested after allegedly making several phone calls to the Genesee County Emergency Dispatch Center for no legitimate purpose, and making false reports. He was released on appearance tickets and is due in Pembroke Town Court on March 3. The case was handled by Genesee County Sheriff’s Deputy David Moore.

Three Buffalo residents are charged with crimes following a reported of an alleged larceny from Target in Towne Center at Batavia mall on Feb. 23. They reportedly left the scene and were located on the Thruway in Pembroke. Arrested at 5:25 p.m. Sunday were: Ashley M. Drexinger, 27, of Kensington Avenue, who is charged with third-degree grand larceny – a Class D felony, and fifth-degree conspiracy – a Class A misdemeanor. Ericka K. McBride, 30, of Janet Avenue, is charged with fifth-degree conspiracy and unlicensed operation of a motor vehicle. Kahel S. Suttles, 23, of Dodge Street, is charged with third-degree grand larceny, and unlawful possession of marijuana. All were released on appearance tickets and are due in Town of Batavia on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor, assisted by Deputy David Moore.

Harry Thomas Gibson, 55, of Watson Street, Batavia, is charged with petit larceny. On Feb. 21 at 6:25 p.m. Gibson was arrested for petit larceny following a complaint of a shoplifter at Kohl’s department store. He allegedly stole three bottles of cologne. He was issued an appearance ticket and is due in Batavia Town Court on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor.

City Schools board tasked with replacing board member after resignation

By Howard B. Owens

When the Batavia City School District Board of Education meets Tuesday, they will discuss how to proceed with replacing trustee Zach Korzelius, who resigned recently.

In an email to Board President Pat Burk, Korzelius wrote: "This will serve as my written notice to the board of my resignation to focus more time on work and family. Thank you to all for relationships that have been built and good luck going forward."

Korzelius was initially appointed to the board in 2017 to fill the unexpired term of Leslie Johnson and then elected to the board in 2018. His term was set to expire at the end of June 2021.

His bio has been removed from the district website.

Photo: District photo.

Public input sought on development of former armory on State Street

By Howard B. Owens

It's been nearly four years since Dave Vascianne purchased the former armory property on State Street in the City of Batavia and according to his consultant, David Carr said it's been a slow but deliberate process to decide what to build on the land.

The decision, on the back of the property, a senior housing complex.

On the front, using the existing buildings?  Vascianne and Carr want to hear from the community.

To that end, they've been working with a group of RIT students to develop a range of possible uses for the buildings and those ideas will be presented to the community from noon to 2 p.m. at City Centre on Saturday, Feb. 29.

"We want to get as much input from the community as possible," Carr said. "Whatever it is, we want to fit with the senior housing and make sure everything fits together. Everything has to be social together because otherwise, it won't work, which is why we want to get input from everybody."

DaVas Enterprises, LLC purchased the parcel Aug. 1, 2016, from the New York State Police for $235,000.

At the time, Vascianne said, he wasn't sure what he would do with the property but he's a developer. It was too good a value to pass up. It's a nice piece of land and the existing buildings are architecturally interesting and in good shape.

He settled on senior housing to anchor the development because of the residential zoning of the area but he hasn't decided yet what to do with the front part of the property.

Carr said the project is being privately financed though there are tax credits available for the senior housing and they may seek out other assistance.

Photo: File photo from 2015

Shop of cheap thrills replaced by bargain hunters' paradise

By Billie Owens

Machine shop owners Nancy and Bill Brach passed up the opportunity to buy the building next door to their business in the Town of Batavia nearly 20 years ago and the die was cast.

Nancy said they came to regret that.

Out-of-state businessman Jay W. Tuxford bought it instead, in November of 2000 when escrow closed on the $130,000 sale of 4816 Ellicott Street Road.

Brach's Machine, Inc., a 15,000-square-foot facility at 4814 Ellicott Street Road, soon had new neighbors -- Pandora's Boxxx, an erotica store that sold racy lingerie, adults toys and videos, and exotic gizmos.

"The porno people" as she refers to them, "weren't horrible neighbors" but the Brachs found the operation "unsavory" nonetheless.

"We wanted that place to be closed forever," Nancy said, with some exasperation, adding that the brass at O-AT-KA Milk Products across the street at Cedar Street and Ellicott Street Road, weren't sorry to see the adult business go away either, finding it a rather "unwholesome" sight.

So it was with great delight that they found that Tuxford wanted to unload the property.

He appears to be a South Carolina resident who has, or has had, several businesses, according to information in online databases. These include Panbox Enterprises LTD (Pandora's Boxxx locations) based in Inman, S.C., South Shore Distributing in Long Beach, Mass., The Love Boutique Inc. in Inman, S.C. and in Orlando, the Florida metropolis where he also has two units in a multiplex. He is also listed as owning Florida Video Control Inc.

The Oct. 22, 2010 issue of the Rochester Business Journal lists Tuxford as filing a legal notice to change the name of a business in Genesee County from Granny's Attic of WYN Inc. to Nicholé’s of NY Inc.

The Brachs closed escrow on the 1,700-square-foot property next door on Oct. 18, and the sale price was $160,000.

It was originally owned, according to county records, by Albert Scroger. Genesee Farms bought it in 1990 for $70,000 and Pavlos Panitsidis paid $80,000 for it five years later. Five years after that is when Tuxford bought it.

The Brach's primary interest in it was for "purely selfish reasons" -- to provide much needed additional parking space for their 19 employees and room for their trucks to safely back in and out.

Brach Machine and Design, DBA was founded in 1985, specializing in tool design and custom machine work, focusing on the die casting industry. It incorporated under the name Brach Machine, Inc. in 1993. In 2005, the husband and wife established legal co-ownership under Brachefeller, LLC ("as in Rockefeller," says Nancy) and that entity is the listed property owner of both parcels, according to Bill.

The business continues to serve the die casting industry, producing a wide variety of shot-end components for zinc and aluminum die casting machines.

The Brachs rent the former Pandora's Boxxx to Chuck Bucci, who owns Batavia Bargains, "for a song," Nancy said.

Bucci relocated from 198 Ellicott St. in the city, behind the Qwik Fill, and opened at his new space on Monday. 

Gone are the sun-faded pair of familiar burgundy awnings emblazoned with the words Pandora's Boxxx.

This afternoon, Bucci said the town site offers a bigger, more attractive space to display the goods he culls from estate sales, an occasional auction, etc.

He stocks a wide array of antiques, collectibles, primitives, all kinds of furniture, artwork, tools, signs, toys, and needful knickknacks and odd treasures.

"It's a nicer building ... there's more visibility and more drive-by traffic," Bucci said. "We were in the other building two years and nobody knew we were there."

Batavia Bargains' hours are the same for now: 10 a.m. to 5 p.m. Monday/Tuesday/Thursday/Friday/Saturday; closed Wednesdays and Sundays. Bucci said he'll probably expand or adjust the hours in the warmer months.

Town of Alabama residents given opportunity to sound off about windmill noise

By Mike Pettinella

The Alabama Town Board is considering a change in a section of the zoning law that, in effect, would make it more difficult for residents to complain about noise from windmills.

A public hearing is scheduled for 6:30 p.m. next Monday (Feb. 24) at the Town Hall on Judge Road to get feedback concerning the adoption of Proposed Local Law 2-2020 Town of Alabama Zoning Law Article IV Section 622, Part C7 Noise, amendment.

“This was actually started as a request from a citizen, who proposed the wording, and it was sent to the (Town) planning board and then back to the Town Board,” said Town Supervisor Rob Crossen, who took office on Jan. 1.

Crossen said he knew of one windmill in the southeast corner of the town that wasn’t functioning properly and emitted a loud noise that bothered several neighbors, but said that it has been repaired “to my knowledge.”

Windmills (not large wind turbines) are in operation at various locations in the Town of Alabama, including some on Macomber and Townline roads and on farms on Ledge Road and Maple Avenue.

Crossen also made it clear that he has no opinion on the matter at this point.

“I want to hear what the public has to say,” he said.

The current noise regulation states the following:

7. Noise. Audible noise due to the operation of any part of a Non-Commercial Wind Energy System shall not exceed 50 decibels (dBA) for more than 5 minutes out of any one-hour time period, when measured at any neighboring property line not owned by the applicant.

If the amendment is passed, a key revision would require residents filing a “legitimate complaint” to bear the cost of “independent third-party professional sound testing.”

The proposed amended ordinance reads as follows:

7. Noise. Audible noise due to the operation of any part of a Non-Commercial Wind Energy System shall not exceed 50 decibels (dBA) for more than 5 minutes out of any one-hour time period. An exemption shall be made when the National Weather Service issues a high wind advisory or warning.

Any sound testing shall only be done due to a legitimate complaint and shall be conducted in closest neighboring inhabited dwelling. The cost of this independent third-party professional sound testing shall be borne by the complainant. If the testing at complainant’s inhabited dwelling shows sound level exceeding allowable limits, the wind turbine owner must address and remedy the situation in coordination with the Town of Alabama Zoning Enforcement Officer.

-- A wind advisory is issued when the following conditions are expected: sustained winds of 31 to 39 mph for an hour or more; and/or wind gusts of 46 to 57 mph for any duration;
-- A high wind warning is issued when the following conditions are expected: sustained winds of 40 mph or higher for one hour or more; and/or wind gusts of 58 mph or higher for any duration.

Law and Order: Domestic incidents in Batavia lead to two arrests

By Billie Owens

Tonya Marie Ficarella, 33, of Lovers Lane Road, Batavia, is charged with endangering the welfare of a child. On Feb. 13 at 8:45 p.m. Genesee County Sheriff's deputies took a report of a domestic incident that occurred earlier in the day. Following an investigation, Ficarella was arrested. It is alleged that Ficarella struck a male in the face during a physical altercation in front of a 3-year-old child. She was issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Shaquille Levon Davis, 27, of West Main Street Road, Batavia, is charged with third-degree menacing and second-degree harassment. Following a domestic incident at a local motel on West Main Street Road in Batavia, Davis was arrested for allegedly putting a victim in fear of physical injury by placing his hands on the victim. He was arraigned in Town of Batavia Court and is due to return there on March 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon.

Aging bridge at South Lyon over the Tonawanda might finally get replaced

By Howard B. Owens

After more than a dozen years of effort by county officials, the aging bridge over the Tonawanda Creek at South Lyon Street may finally get replaced, perhaps sooner rather than later.

The project has been approved for a $498,400 federal grant.

Yesterday, the Public Service Committee recommended approval of a resolution authorizing the county to spend an additional $124,600 from the county's 1-percent share of sales tax and beginning the design phase of the project.

Highway Superintendent Tim Hens said under current terms of the grant, administered by the state, construction can't begin until 2023 but the county will push to accelerate the project.

"We are going to design it as quickly as we can and then we're going to press to have it funded in advance of (October 2022)," Hens said. "It depends on what money is available at state level and in the region. If projects get delayed or something comes in under budget, well, there is a possibility there might be money lying around that we could jump on."

Hens said he first submitted the project for Federal funding in 2006. The funds were awarded in 2007 but then the recession of 2008 meant a cut in spending. He resubmitted it in 2011 but Federal authorities determined that as a single-lane bridge, it didn't warrant saving.

"We argued that the traffic counts are higher than you think they are," Hens said. "We had the city, our city, the DPW, help us out on traffic counts. We had the traffic counts of around 2,500 cars a day at the peak."

The bridge is an important link for traffic between the bridges at Oak Street and at River Street, Hens said. 

In 2014, there were more cuts at the Federal level and it was pulled off the docket again. Hens resubmitted the project in 2017 and was denied funding.

The plan is now, with a grant awarded, to start the design phase immediately, because, Hens said, once money is spent on the project it is less likely to suffer another cut in spending.

"It's posted for five tons now," Hens said. "It's been in pretty rough shape. To make it go another three years might be pushing the limits from an engineering standpoint. It might get to the point where the posting drops enough where you can't get a car over it and it's closed."

The current bridge is Army surplus and was set in place in 1982 and a temporary fix for the old bridge it replaced.

The hope is to design a two-lane bridge. That's tough because the abutment of the current bridge is right under the pavement of South Main Street. Hens said the plan is also to design another truss bridge so that the character of the current bridge is maintained.

Man who pulled BB gun on police officer given eight months in jail

By Howard B. Owens
       Brandon Fogg

A man who threatened a police officer with a BB gun is doing well in drug treatment, according to reports given to Judge Charles Zambito, but that wasn't enough to keep him out of jail for eight months.

Brandon Fogg, 32, pulled out what looked like a handgun while wrestling with a police officer at a location on Cedar Street one night in early June and a citizen intervened and stepped on Fogg's hand.

That intervention may have saved Fogg's life.

A week later, he entered a guilty plea to menacing and since then has been through treatment at Bradford and Atwater and is currently in an outpatient house run by GCASA.

His attorney, Jamie Welch, argued for an intermittent jail sentence given Fogg's success and the potential for disrupting that success with a continuous jail term.

Fogg told Zambito that he's been eight months clean. He thanks Zambito for the chance to go through treatment and giving him his life back.

"Being sober, next to my children, is the most important thing in my life," Fogg said. "I've done everything you've asked of me and I believe I've done well. I stand here another man ready to accept whatever you decide."

Zambito said considering the seriousness of the offense, a jail term that served as a sanction was necessary.

"You mentioned you wanted to commit suicide by cop," Zambito said. "You're lucky that didn't happen because it certainly seems like the officer would have been justified. Even though it was a toy gun you pulled on an officer, only the intervention of a bystander saved you."

Zambito said he didn't believe eight months in jail would disrupt Fogg's path of sobriety.

'A life sentence of eternal sadness' for Paladino family; 20-years-to-life for the man who killed him

By Howard B. Owens

Michael Paladino, who would have turned 44 years old today had he not been murdered by Quinten J. Edmonds on June 1, 2019, was remembered today in County Court as a loving son, brother, and father, but his aunts and mother, who each asked that Judge Charles Zambito give the lifelong criminal the maximum prison term available.

And so Zambito did, 20-years-to-life.

There was no expression of sympathy from the judge, even in response to an apology from Edmonds -- who didn't just react in the heat of the moment to Paladino's attempt to protect two women Edmonds was attacking: he took the time and effort to go to the apartment of an acquaintance on Ross Street and retrieve a knife.

“For whatever reason, you thought you had a score to settle with him," Zambito said. "You say you didn’t intend to kill him but when you stab somebody that many times with a knife, I don’t see how it can be reasonably viewed that you didn’t know he wouldn’t die from those injuries.”

Edmonds had told Zambito minutes before, "I take full responsibility for what happened and I apologize to the victim’s friends and family and to my family. This isn’t who I was raised to be and I didn’t intend to take anybody’s life that night. I was drinking and I took the situation too far and I’m sincerely sorry."

Family members said they will never recover from the death of Paladino.

"The loss of Michael has hurt our family beyond words," said Carol DiFrancisco, an aunt. "There are no more birthday parties, backyard parties, holidays, or other gatherings that will be the same. Our family is forever broken."

At the close of her statement, she said, "Quinten Edmonds has given Michael’s loving family a life sentence of eternal sadness.”

His aunt Nancy Elmore said, "He was a big man, not just from a physical standpoint but from the kindness of heart. His actions on June 1, 2019, will tell you that. Rendering aid to people he didn’t even know without regard to his own safety shows he was a kind, gentle, caring man."

The sister of Paladino's mother, Barbara Fay, read a statement on her behalf.

She said, "The pain will never go away for any of us. I don’t know how I could survive this if not for my loving family you see here. It helped me survive and pushed me forward."

She called Edmonds a brutal criminal who has no regard for human life.

"He should never walk free again to repeat his actions."

The family vowed to show up at his first parole hearing in about 20 years to oppose his potential release.

Throughout today's hearing, except when he was speaking, Edmonds sat motionless in his chair at the defense table and stared straight ahead. He never looked at any of the other speakers.

District Attorney Lawrence Friedman also asked that Edmonds be shown no leniency in sentencing. He questioned Edmonds' claims that he was too intoxicated to know what he was doing and that he didn't intend to kill Paladino.

“He said he got the knife to scare Mike," Friedman said. "He didn’t need to scare Michael Paladino. He was the aggressor in this case and when he got to the corner he could have left. He did not and he got the knife because he intended to kill Michael Paladino."

Edmonds claims he was intoxicated, Friedman explained to Zambito, but he had the presence of mind to know to go to a residence he had been to before. He knew the residence well enough to know where to find a knife in the kitchen. Later, when Edmonds recounted events in his interview with a probation officer, he recalled details that are consistent with what witnesses said and the police investigation showed.  

“There is no indication he was so intoxicated that he was incapable of planning a murder," Friedman said.

Friedman said Zambito's decision was all about how long he wanted to protect society from a person who is committing such a horrible crime.

Defense Attorney Fred Rarick did not request for his client anything other than the sentencing recommendation agreed to at the time of Edmonds' guilty plea in August. He says, however, while acknowledging that his statement would be subject to misinterpretation, that perhaps something good could come from the events of June 1: That rather than first jump into a situation where people are fighting and yelling, people should call 9-1-1 first. If Paladino had done that, Rarick said, perhaps this whole outcome could have been avoided.

That drew a bit of a rebuke from Zambito when he spoke.

“I trust Mr. Rarick is not trying to blame Michael Paladino because that would be an injustice.”

Zambito acknowledged that Edmonds had a difficult childhood. He didn't have a father. His mother struggled to raise him but, Zambito said, Edmonds had a "loving grandmother who tried to raise him right."

Even so, Edmonds' criminal history became when he was 12 years old and he then spent the next 20 years either confined or awaiting confinement.

“You had many opportunities to deal with those issues, issues you had to know you had, and you never did," Zambito said. "That one is on you. It’s one thing to say you come from a difficult background, you were brought up in difficult circumstances. But life isn’t fair and at some point you had to recognize you have a problem. You don’t deserve to live in the community. You’re too much of a risk, too much of a danger to the rest of us and to people like Michael Paladino.”

NOTE: At the end of the proceedings, DA Lawrence Friedman informed the court that during the pretrial sentencing investigation, a records check in Monroe County by the probation department found that the correct spelling of the defendant's first name is "Quinten." He moved to have all court documents corrected. Contrary to previous reports, we've used the spelling "Quinten" in this story.

Sentencing delayed for man who pled guilty in Amber Alert case

By Howard B. Owens

A man accused of taking a teenage girl across state lines was scheduled for sentencing in Genesee County Court today but when his appearance time came, he wasn't in court.

It turns out Guillermo Torres-Acevedo was confused about his sentencing agreement and didn't want to appear until he spoke with the attorney representing him in Federal Court.

He couldn't reach his attorney, Alexander J. Anzalone, a Federal public defender, who was away from his phone because he was in County Court waiting for Torres-Acevedo.

Once the confusion was cleared up, Torres-Acevedo was transported by a deputy from the jail to the courthouse.

Torres-Acevedo was not sentenced today because he has not been sentenced yet in Federal Court, where he's facing from 70 to 96 months in prison.

The 23-year-old Batavia resident, who entered a guilty plea in early December to rape in the second degree, apparently thought he couldn't be sentenced in County Court until after he was sentenced in Federal Court; however, that wasn't the actual plea agreement. His sentencing locally was delayed until after his originally scheduled appearance before a Federal judge but there was no promise that his sentencing would come after that appearance.

His local attorney, Thomas Burns, asked that sentencing for Torres-Acevedo be delayed not just because a locally imposed sentence could affect the upper end of the possible sentence in Federal Court, but also because there are documents he and Anzalone are trying to obtain that could impact the decisions of the judges in both jurisdictions on the defendant's possible sentence.

Burns said both attorneys recently became aware of information that indicated Torres-Acevedo was neglected and abused as a child in Puerto Rico.  Both attorneys are seeking time to obtain documentation from Puerto Rico that would substantiate this claim and that information could have a bearing on sentencing.

Judge Charles Zambito granted the request to delay sentencing to 9 a.m. April 20 but warned Torres-Acevedo that he wouldn't wait indefinitely for the documents to be produced or for a Federal judge to issue a sentence. Zambito said he could very well go ahead with sentencing in April even if the other issues haven't been resolved.

As a precaution, at the request of District Attorney Lawrence Friedman, Zambito signed a "drag order," giving deputies permission to bring Torres-Acevedo to court by force if necessary on April 20. Burns didn't oppose the order but said that since today's initial refusal to appear was just a misunderstanding he was certain the drag order would be unnecessary. 

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