batavia

A man who is apparently a Batavia resident is in custody facing possible criminal charges after allegedly leading State Police on a high-speed chase from Byron into the city and then barricading himself in an apartment that was not his own.

The name of the suspect has not yet been released.  He is facing likely charges from both State Police and Batavia PD, and both agencies said more information will be released once criminal charges are sorted out.

It's not known yet why or at what location in Byron a trooper first tried to stop the subject, but he apparently refused to yield to emergency lights from a patrol vehicle.

Speeds eventually reached in excess of 90 mph.

As he headed into the city on Bank Street Road, Batavia PD deployed spike strips on Bank Street.

The strips were successful at deflating the Toyota's tires, said Sgt. Arick Perkins, Batavia PD, but the subject continued into the driveway of Northside Meadows, 335 Bank Street, where the car eventually ran into a small boulder along the driveway. 

The subject ran from the vehicle and entered a second-floor apartment.

The apartment has been unoccupied for about four months while its tenant is incarcerated, according to witnesses.

The witnesses stated that they believe the man resides in a downstairs apartment, but he, along with other people, has been accessing the upstairs apartment for some time without permission.

"I could see that as being a possibility," said Perkins, who said it wasn't clear yet how the man gained access to the supposedly locked apartment this time or if he had ever been in the apartment before.

With troopers, deputies, and officers, including two K-9 units (one from Batavia PD and one from DEC) on scene, the man refused to exit the apartment.

Officers secured a key to the front door from a family member of the tenant and were able to unlock it, but the subject had barricaded the door.

Once inside, the man offered no other resistance, Perkins said, and was taken into custody without further incident.

K-9s could be heard barking when officers made their way into the apartment, but Perkins said the K-9s remained in the hallway since the suspect did not resist officers further.

A trooper said the driver of the vehicle was not the registered owner. It's unclear at this time whether the driver had permission of the owner to operate the vehicle.

Police officers searched the vehicle while the incident was ongoing and then inventoried its contents before impounding it after the incident was over.

Officers remained alert for the possibility that the subject had access to a weapon, Perkins said they did not believe during the incident that he was armed.

While being led by officers to a patrol car, the subject made statements indicating he didn't understand why he was being arrested, why he was being taken to a State Police car when he was in the City of Batavia, and why police had reporters there taking his picture.

Photos by Howard Owens.

State police attempted a traffic stop in Byron Sunday afternoon, and the suspect fled, leading to a high speed chase past GCC, according to state police. The subject drove down Bank Street, and spike strips were deployed.

The subject then turned into Northside Meadows apartments, fled from the vehicle, and ran into an apartment that is the residence of a woman currently incarcerated. The apartment should have been vacant, and somehow the subject gained entry, and police are now dealing with the  barricaded subject.

The driver of the vehicle was not the registered owner, and police said they believe they know who the subject is.

UPDATE 6 p.m.: Suspect taken into custody about 10 minutes ago.  The suspect, according to a witness, lived in an adjacent apartment and knew the apartment he entered was vacant and made prior entry over the past days or weeks. 

With a convincing win over Niagara Power on Saturday and loss by Elmira, the Batavia Muckdogs clinched the Western Division in the regular season finale at Dwyer Stadium.

Batavia won 9-2.

This is the second consecutive Western Division crown of the Muckdogs, coming in their third season in the Perfect Game Collegiate Baseball League. The team has posted winning records in all three seasons while being managed by Joey Martinez.

Michael Pedraza came on in relief with one out in the fourth inning with Batavia up 6-0 and got credit for the win. Pedraza went 3 2/3 innings, giving up three hits, one run, and striking out four.  He finishes the regular season at 4-2 and a 3.85 ERA.

Hilton resident Preston Prince started, going 4 1/3 innings, surrendering three hits, five walks and one unearned run.

Caleb Rodriguez went 2-3 for the team's only multi-hit game.

Matt DeStefano, from Westbury, went 1-4 and drove in four runs.  DeStefano ends the regular season with a .321 average, smacking 21 hits and driving in 13 runs while gathering 11 walks.

The playoffs for the Muckdogs (27-16) start at Dwyer Stadium this evening (Sunday) against the Auburn Doubledays (23-19), who knocked off Elmira on Saturday, to help Batavia get the #1 seed in the Western Division postseason.

Press Release:

Depending on the weather, aerial and hand distribution of oral rabies vaccine baits will take place in Western New York from Aug. 15 - 17. Areas of New York State are once again taking part in a nationally coordinated effort to halt the spread of raccoon rabies in 16 states. Ongoing field evaluation of oral rabies vaccine (ORV) called ONRAB will occur in Clinton, Essex counties in the Empire State as part of an evaluation that also includes parts of northern Vermont and New Hampshire.

Additionally, evaluations will also occur in Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Niagara, Oneida, Onondaga, Orleans, Oswego, St. Lawrence, and Wyoming counties. These sites were selected in part because of
ongoing collaborations with Quebec and Ontario, Canada in the fight against rabies to protect human and animal health and reduce the significant cost associated with living with rabies across broad geographic areas.

“Rabies is a serious public health concern because if left untreated it is generally fatal. Costs associated with detection, prevention, and control of rabies conservatively exceed $500 million annually. According to the Centers for Disease Control and Prevention, greater than 90 percent of reported rabies cases in the United States are in wildlife,” stated Paul Pettit, Public Health Director of the Genesee and Orleans County Health Departments (GO Health). 

The cooperative USDA, APHIS, Wildlife Services National Rabies Management Program (NRMP) was established in 1997 to prevent the further spread of wildlife rabies in the United States by containing and eventually eliminating the virus in terrestrial mammals. The majority of the NRMP efforts are focused on controlling raccoon rabies, which continues to account for most of the reported wildlife rabies cases in the U.S. 

Raccoon rabies occurs in all states east of the established ORV zone that extends from Maine to northeastern Ohio to central Alabama. Continued access to oral vaccines and bait options that are effective in all target wildlife species remains critical to long-term success.

ORV was designed to test the safety and immunogenicity (provoke an immune response in the body of a human or other animal) of the oral human adenovirus-rabies glycoprotein recombinant vaccine ONRAB (Artemis Technologies Inc., an indirect, wholly-owned subsidiary of Ceva Sante Animale S.A., Guelph, Ontario, Canada), which has been successfully integrated into comprehensive rabies control programs that resulted in elimination of raccoon rabies from Canada.

Encouraging results from the U.S. trial in West Virginia represented a major milestone that led to expanded evaluations in 4 additional states (NH, NY, OH, and VT) in 2012-2021 and expansion into 2 new states (PA and TN) in 2022. Data from these evaluations could lead to licensing of this vaccine for broader, more aggressive management of raccoon rabies
by the NRMP and partners, with the goal of eliminating the variant of the rabies virus that cycles in raccoons.

The ONRAB bait consists of a polyvinyl chloride (PVC) blister pack, containing the vaccine. To make the baits attractive, the blister packs are coated with a sweet attractant that includes vegetable-based fats, wax, icing sugar, vegetable oil, artificial marshmallow flavor, and dark-green food-grade dye. 

Humans and pets cannot get rabies from contact with the bait. However, people who encounter baits directly are asked to leave the bait undisturbed. Should contact with bait occur, immediately rinse the contact area with warm water and soap and contact your local health department at 585-344-2580 ext. 5555 for Genesee County or 585-589-3278 for Orleans
County.

Please do not attempt to remove a bait from your dog’s mouth. The bait will not harm the dog. If you have additional questions related to the field evaluation in New York, please contact the Wildlife Services office in Rensselaer at 518-477-4837.

Press Release:

The City of Batavia Police Department announced that Batavia Downs Gaming, Upstate Niagara/O-AT-KA Milk Products and WNY Heroes have signed on as Diamond Sponsors ($2,500+) for the department’s annual Batavia Police Community Night.  

The event is in partnership with The City Church and will take place on Tuesday, Aug. 22 from 5:30 p.m. to 8 p.m. at St. Anthony's, 114 Liberty St., Batavia.  Batavia Police Community Night is an annual community-building campaign that promotes strong police-community partnerships and neighborhood camaraderie to make safer neighborhoods. 

Various organizations and groups once again will be participating in the annual event which will include free food, a bounce house, games for kids and more.  

There are various sponsorship opportunities at the Bronze level ($249 or less); Silver level ($250 - $499); Gold level ($500 -$2,499); and, Diamond level ($2,500+). There will be several interactive displays and booths available. The sponsorship deadline is Tuesday, August 1, 2023. 

“This event is aimed to enhance the relationship between neighbors and law enforcement while bringing back a true sense of community,” said Batavia Police Chief Shawn Heubusch. “The support of sponsors is critical to this effort and we are extremely grateful for the generosity of various businesses across the city and region as they recognize the vital importance between law enforcement and the community we serve.” 

Gold sponsors include Chapin, Genesee County Youth Bureau, Ken Barrett Chevrolet Cadillac, Mogavero's Auto and the Tonawanda Valley Federal Credit Union. 

Silver sponsors include Batavia Teachers' Association, Batavia Original Pizzeria, GCASA, Genesee County Economic Development Center, Habitat for Humanity Genesee County, Horizons Health Services, Northside Deli, Salmon Orthodontics, Southside Deli, V.J. Gautieri Constructors, Inc., and the WNY Association of Chiefs of Police. 

Bronze sponsors include Bob Bialkowski, Batavia Composite Squadron Civil Air Patrol, Bohm-Calarco-Smith Funeral Home and Roman’s. 

For more information and for those interested in a sponsorship opportunity, should contact Batavia Police Department Detective Matthew Wojtaszczyk at 585-345-6357 or at mwojtaszczyk@batavianewyork.com.

Press Release:

The Genesee-Orleans-Wyoming Opioid Task Force, in conjunction with the National Institute of Health’s HEAL (Helping to End Addiction Long-Term) Initiative, will be commemorating Overdose Awareness Day next month to raise awareness of the dangers of opioids and to remember the lives of those who have succumbed to an overdose.

The annual event is scheduled for 4 - 7 p.m. on August 30 at Austin Park in Batavia.

Residents are invited to take part in the family-friendly activities – which include face painting and live music courtesy of Groove -- and enjoy free pizza and refreshments.

Narcan (naloxone) training is on the agenda and local health and human services agency representatives will be on hand to provide information on recovery resources, medications for opioid use disorder, and the benefits of staying on medication treatment for people in recovery.

Guest speakers include:

• John Bennett, chief executive officer at Genesee/Orleans Council on Alcoholism and Substance Abuse, who will provide updates on substance use treatment programs and lead a moment of silence in memory of those who have died.
• Dawn Stone, a peer advocate from Spectrum Health in Wyoming County, who will discuss the stigma surrounding substance use disorder and steps that are being taken to remove unhealthy perceptions.
• Cheryl Netter, a community “hope coach,” who will share a story of hope and healing.
• Scott Davis, a certified peer recovery advocate for the Rochester Regional Health system, who will share how medication has helped him in his recovery.
• Paul Pettit, public health director for Genesee & Orleans County Health Departments, will share local data and the initiatives that the health department and local partners are implementing to address overdoses.
• Nikki Lang of Batavia, who lost a loved one to an overdose.

Additionally, Lynda Battaglia, director of Genesee County Mental Health & Community Services, and Danielle Figura, director of Community Services at Orleans County Department of Mental Health, are expected to talk about opioid use disorder related to mental health.

Participants will be offered the opportunity to leave a note on the task force’s memory board for a deceased loved one.

Registration is recommended, but not required. To register, go to www.gowopioidtaskforce.org/events.

The Batavia Muckdogs close out the regular season at Dwyer Stadium tonight with a chance to repeat as Western Division champions on the line.

Trailing the Elmira Pioneers by mere percentage points, the Muckdogs need a win against Niagara Power after a doubleheader split on Friday against Newark.

Batavia won the first game 2-0 behind the pitching of Rijnaldo Euson and Garrett Beaver.

Euson tossed six innings of shutout ball, scattering five hits and fanning eight. Euson finishes the regular season with a record of 3-1 and an ERA of 2.48. He amassed 35 strikeouts.

Beaver picked up his second save in 12 relief appearances. He's 3-0 with a 1.22 ERA.

Lucas Lopez reached base three times, twice on a walk and once with a hit in three plate appearances.

Newark took the second game 4-2.

For Batavia, Lopez was 2 for 3 and Kyle Hetherington went 2-3 with an RBI and a run scored.

The Muckdogs are 26-16 and Elmira is 27-16.

It has taken nearly five attempts for a Take 5 oil change business to receive final blessings to move into a former T Mobile building on the west end of the city, due to special use and variance requests that agent Evan Gefell needed before proceeding with his plans.

Gefell, of Quattro Batavia LLC, agent for the proposed Take 5 oil change business at 425 West Main St., Batavia, spoke about the project during the city’s Planning and Development Committee meeting Tuesday after a preliminary meeting in May and a subsequent trip to the County Planning Board.

Fellow Quattro Development representative Peter Pavek attended in May and asked for approval to remove the existing building at the site — formerly used for the phone business — and to construct a new building with pits to do oil changes. That revision required a special use permit.

Code Enforcement Officer Doug Randall had said that per zoning, they wanted to change the number of bays, and asked if the company would be good with that, and Pavel had agreed.

Given the minimal use for a waiting area, there was also no use for so many parking spaces, and Pavek said they could reduce the parking spots and add to the green space.

“Any additional green space you can maintain, that’d be great,” committee member Ed Flynn had said.

According to company data, the sites typically get 50 vehicles per day, with variations of busiest times throughout the day — mid-morning and especially at 3 p.m. reaching peak times.

The committee gave a preliminary thumbs up, with instructions to return with a detailed site plan, which Gefell had done on Tuesday.

“So the model of this is, you stay in your car, it's a 10-minute oil change, and then you continue on. It's a little traffic generator, it doesn't require a lot of parking, it's just kind of for the staff since the user stays in their vehicle,” he said. “This allowed us to really expand the green space on site. It's increased the green space from 24 percent to 47 percent. You can see some of the trees and the buffering and landscape that we've added. You know, we're not concerned about queuing with the two bays. And I think some traffic or data was presented or provided, but peak hours, you know, it's not a significant amount of customers at one time for traffic generators.”

An average location serves 40 customers a day, he said. They don’t do ancillary services outside of oil changes, wiper blades and air filters. 

“So it’s really quick,” he said. “There’s no transmission, there’s no brakes, no anything like that. So the idea is to get in and out quickly and not have any queuing.”

The meeting included a public hearing. There was no communication submitted regarding the business, and no one signed up to speak.

The committee approved the site plan and special use permit and gave a negative declaration for the environmental review, meaning that there would be no negative impact on the environment with the business in place.

Chairman Duane Preston liked the plan, he said. 

“It’s a good plan, lots of green space,” he said. 

The committee also referred the plan to the Zoning Board of Appeals for the zoning variance as the next step in the process.

Two young men and a teenager from Batavia were taken into custody early Thursday morning following a report of shots fired in the area of Washington Avenue and Willow Street in the city, followed by the sound of gunshots on Dellinger Avenue.

The initial call of shots fired was received by emergency dispatchers at 11:22 p.m. on Wednesday.  

Police officers responded to Washington Avenue and Willow Street and found evidence at the intersection consistent, according to Batavia PD, with a weapon being discharged.

The nature of the evidence was not disclosed.

While officers were canvassing the area, multiple shots were heard coming from the area of Dellinger Avenue, and officers immediately responded.

At that location, officers again discovered evidence, police said, consistent with a weapon being discharged.

As the investigation continued, police reviewed footage from pole cameras, which helped them develop a vehicle description.

Information about the shooting and the suspect vehicle was shared with surrounding law enforcement agencies for their assistance in locating the vehicle and potential suspects. 

After the scene had been secured, the City Fire responded to the Willow Street scene to provide ground ladders for officers to assist officers in their search of the scene. 

At 1:11 a.m., four males were located walking in the area of Chase Park and North Spruce Streets. 

The males were transported to a business parking lot on East Main Street, where a vehicle apparently matching the vehicle viewed on the surveillance video was located. 

Officers at that scene located evidence consistent with a weapon or weapons being discharged, and all four males were taken into custody at that time. 

After interviews, one male was released, and the other three were arrested. 

Tmario H. Ayala, 20, Bryson R. Gentile, 18, and a 17-year-old male, all of Batavia, were taken into custody and charged with criminal possession of a weapon in the second degree, a Class C felony, and reckless endangerment in the first degree, a Class D felony. 

Police did not say whether a weapon was recovered, nor did they reveal who or what may have been targeted, or if there was a target, by the alleged shooter or shooters.

They did not say which individual, or if it's multiple individuals, may have discharged a weapon.

The investigation did conclude, police said, that a residence had been struck by gunfire on Dellinger Avenue. 

No injuries were reported.

Ayala and Gentile were arraigned in City Court and ordered held on $100,000 cash bail, $200,000 bond, or $300,000 partially secured bond. 

The 17-year-old male was arraigned in Youth Part Court and was held on $25,000 cash bail, $50,000 bond, or a $100,000 partially secured bond. 

Batavia PD was assisted by City Fire, the Sheriff's Office, and Emergency Dispatch. Citizens also assisted by providing information that aided the investigation.

The investigation is ongoing, and Batavia PD asks that any members of the public with information that may be relevant to the incident to contact the detective bureau at 585-345-6444.

At the conclusion of this morning’s Western Regional Off-Track Betting Corp. board meeting that featured glowing reports – financial and otherwise -- from management, Director Vincent Horrigan of Chautauqua County commended the staff for a job well done during a tough stretch.

“With all the turbulence in Albany, the results speak for themselves,” said Horrigan, a “holdover” from the previous board that was terminated in early May through legislation approved by Gov. Kathy Hochul and leaders in the state Assembly and Senate. “I wish to congratulate the incredible team, from the lowest worker to Henry and the rest of the management team.”

Horrigan is one of 11 directors who were reappointed by their governing bodies to four-year terms as stipulated by the new guidelines.

New members of the board, all of whom were in attendance today, are Charles Zambito (Genesee County), Crystal Rodriguez-Dabney (City of Buffalo), Terrance Baxter (Cayuga County), James A. Wilmot (Monroe County) and Jennifer Hibit (Erie County). 

Wilmot, the newest director, is in charge of casino development for the Wilmorite Management Group in Rochester.

Schuyler County officials have yet to announce their representative to the 17-member board.

While each municipality that benefits from WROTB proceeds (operational earnings and surcharge) has one director, the May legislation instituted a weighted voting system, eliminating the one-director, one-vote format that had been in force.

As a result, the majority of the voting power rests with Democratic Party-led counties of Erie and Monroe and the cities of Buffalo and Rochester. The remainder of the municipalities are Republican-leaning, and some of those are joining together in litigation challenging the recent changes, citing Home Rule entitlement.

Today’s meeting was the second straight conference that was informational only since four of the new directors have yet to be licensed by the New York Gaming Commission. WROTB President/Chief Executive Officer Henry Wojtaszek said he expects that to happen soon, likely in time for committee meetings and the full board meeting on Aug. 23-24.

Chief Financial Officer Jacquelyne Leach had the floor for most of the 90-minute session, providing monetary figures that shine a favorable light on the Batavia Downs Gaming operation.

Calling it “a very strong month,” Leach said the “net win” for June of $7.06 million is the highest ever for June – beating the corporation’s projected amount by 8 percent. Net win is what is left in the Video Lottery Terminal machines after paying out the customers.

She reported that credits played in June were $97 million – up $9.3 million from June 2022 – and attendance for the month hit the 80,000 mark – up 12,000 from June 2022.

Year-to-date earnings are at $4.6 million, she said, which represents a $1.5 million increase from the same period last year.

Earnings and surcharge (5 percent) go back to the member municipalities. Genesee County has received $106,544 in earnings and surcharge thus far in 2023, including $4,484 in the month of June.

Leach attributed food and beverage sales, special events, the Batavia Downs Concert Series and the success of the Hotel at Batavia Downs as contributing factors to the uptick in activity. She said the hotel has generated $262,000 in profit so far in 2023.

“The hotel (which was purchased by WROTB in April 2021) has proven to be such a great addition to the corporation – a tremendous benefit,” she said.

Looking ahead, Leach said that July “is shaping up to be another record month for the Batavia Downs Gaming side of the business.”

In other developments:

-- Wojtaszek said management’s plan is to reduce the number of Off-Track Betting branches from the current eight to five by 2025. He said more emphasis is being placed on EZ Bet, which are self-betting terminals in existing bars and restaurants. WROTB has 27 EZ Bet locations across Western New York.

-- Director of Live Racing Don Hoover reported that Wednesday’s opening night of harness racing generated a handle of $242,306, which puts it in the top 10 of all handles since WROTB purchased the track 20 years ago. The 53-date season concludes on Dec. 9 but Hoover is in discussions with the Western New York Harness Horsemen’s Association to schedule racing dates next January and February.

-- VP/Administration William White advised that Batavia Downs Gaming’s pay scale for security guards is lagging behind the area’s average and is looking at forging an agreement with the employee union to increase the pay as soon as possible. White said that the company is having trouble recruiting and retaining security personnel. 

Press Release:

The Americans with Disabilities Act (ADA), which was signed into law on July 26, 1990, is the single most comprehensive and far-reaching piece of legislation protecting the rights of people with disabilities from discrimination ever enacted, eclipsing the handful of laws that had existed. 

Independent Living of the Genesee Region (ILGR) will be celebrating the ADA at its Annual Picnic. It will place from 4 to 7 p.m. on Wednesday, July 26, at Kiwanis Park at 3808 West Main Street Road in Batavia. There will be free food and games including a Scavenger Hunt. 

When the ADA was signed 33 years ago people envisioned curb cuts and accessible building entrances. Today, the ADA is helping people live independently, get an education, find housing, and build a career.

If you need additional information please call Catherine DeMare at 585-815-8501, extension 400, or email her at cdemare@wnyil.org.

Press Release:

Batavia Downs Gaming & Hotel has announced that one of the famous and iconic Budweiser Clydesdales will be making an appearance at Batavia Downs on Saturday, Aug. 26 from 2 to 4 p.m. 

A night of live harness racing, including the Kane Memorial will begin at 6 p.m.

Admission and Parking are free for anyone who would like to come see one of these majestic horses as it is braided, brushed, and paraded right on the track.

A queue line will be available for those wishing to get a free picture with the Clydesdale. Anyone wishing to “skip” the line may purchase a fast pass ticket for $25 which will be donated to Folds of Honor, an organization dedicated to providing life-changing scholarships to the spouses and children of America’s fallen or disabled military. Additional donations to Folds of Honor by any attendees are appreciated. 

Tickets to skip the line will be available on Saturday, August 26 at the Lucky Treasures gift shop. Up to 10 people can get a picture with the Clydesdale at a time. The purchase of a skip-the-line pass will allow the purchaser to receive one $25 free play at the Player’s Club booth.

Beginning at 6 p.m., a night of New York Sire Stakes races will begin including the Kane Memorial Race, with a purse of $75,000. Free T-shirts will be given out that night. Details will be posted on Batavia Downs’ website and Facebook as the event draws closer.

“We are honored to have one of the Clydesdales on site,” said Henry Wojtaszek, President and CEO for Batavia Downs Gaming & Hotel. “These horses are a sight to behold and we encourage everyone to come down to see them. We look forward to help raise money for Folds of Honor during this great event. We hope everyone stays for the Sire Stakes and Kane Memorial Races to help support live racing in the Western New York Community as well.”

Press Release:

The St. Jerome Guild, Inc., selects the recipients of the annual St. Jerome Guild Health Career Professional Scholarship 2023.

Two UMMC/Rochester Regional Healthcare providers are this year’s recipients. This award is offered annually to outstanding employees who are continuing their education to support healthcare in our local community through UMMC/Rochester Regional Health.

Nicole Hopkins, RN, specializing in patient pain management is striving for a degree in Family Care Nurse Practitioner and currently attending Roberts Wesleyan. Jennifer Kula, is a patient care technician and is currently enrolled in the second year RN program at Genesee Community College.

Additional awards of $100 each were given to Mary Caprio and Vanessa Eason who are both pursuing degrees to enhance their careers at UMMC.

If you have any questions, please call me at the cell below or contact me at maredickinson@gmail.com.

 Submitted Photos