batavia

Following a joint investigation by Batavia Police detectives and the U.S. Secret Service, a Batavia businessman has been charged with fraud.

Nicholas Salvador, 46, of 20 Park Ave., Batavia, owner of East Main Sunoco, is being charged with two federal crimes related credit-card fraud.

The investigation is related to the arrest in March of Dustin Hurlburt, 32, of 21 Elm St., Warsaw, who was accused of operating a complicated scheme to buy building materials at Armor Building Supply using credit-card numbers obtained at the gas station where he worked and reselling the material.

Salvador is accused of using credit-card information of more than one person, and on more than one occasion, to purchase building materials at Armor Building Supply on several dates in 2009.

Det. Kevin Czora headed the investigation in Batavia.

Kids in a backyard at 112 Tracy Ave., north of North Street in Batavia, are believed to be responsible for a fire there. It is now out.

Still, city fire is responding.

A medic walked over from the United Memorial Medical Center to see what was causing the smoke and flames. An irate neighbor also complained about the fire, which is apparently a "controlled burn" of sorts.

At first, it was thought to be a house on fire, then something outside burning. Firefighters are investigating the incident.

Batavia Police Department officers are also on scene.

UPDATE (7:49 p.m.): Firefighters are returning to quarters after informing the homeowners that controlled burns are not allowed within city limits.

A four-car motor-vehicle accident is reported on West Main Street near Tops Market. Town of Batavia fire is responding along with Mercy EMS to the Payless Shoe Source parking lot.

There are neck and back injuries reported. At least one of the vehicles was rear-ended.

A 34-year-old Batavia woman is being accused of letting drug dealers operate from her home at 3 Vine St.

The woman and three other people were arrested Wednesday following a raid by the Local Drug Enforcement Task Force at the residence.

The four arrests make it a total of five people accused of drug dealing at that address.

Sara H. Butler was charged with criminal nuisance, 1st, which is a class E felony in New York.

Butler and the other people taken into custody at 5:30 p.m. were charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, and loitering.

The three others arrested were Quinton L. Spinks, 26, of Terrance Park, Rochester, Steven J. Hirsch, 23, of Raymond Avenue, Batavia, Cheetara M. O'Neal, 24, of Sawyer Street, Rochester.

On Aug. 26, 40-year-old William J. Butler was taken into custody at the same address. Butler is suspected of trafficking in crack cocaine and was charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st.

The four arrested yesterday are accused of dealing cocaine and crack cocaine. Investigators executed a search warrant on the residence and allegedly found both drugs in the house. Their combined reported street value is $2,000. Investigators also say they found more than $600 in cash.

Butler, Spinks and O'Neal were taken into custody at the residence. Hirsch was reportedly seen leaving the residence just before the raid and taken into custody on East Avenue.

Batavia police officers assisted in the raid.

All four suspects were arraigned and jailed without bail.

Photos, from top: Sara Butler, O'Neal, Hirsch, Spinks.

Members of the Local Drug Enforcement Task Force executed a search warrant and 3 Vine St. this evening.

According to Sgt. Steve Mullen of the Genesee County Sheriff's Office four people are currently being detained pending completion of the search.

Mullen did not specify the type of drug activity believed to have taken place at the residence.

On Aug. 26, 40-year-old William J. Butler was taken into custody at the same address. Butler is suspected of trafficking in crack cocaine and was charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st.

At least two of the people being held pending completion of the investigation are women.

Mullen anticipates that if any arrests are made, they will be made tonight and a press release will be issued.

A house is reportedly filling with smoke at 4 James St., Batavia.

City Fire is responding.

UPDATE 4:07 p.m: Second alarm for the fourth platoon, standby at HQ.

UPDATE 4:35 p.m.: A resident, Joseph Trigilo, told firefighters a load of clothes had just finished drying and a few minutes later the smoke detector sounded. They checked the laundry room and it was filling up with smoke. City Fire responded quickly. When firefighters arrived there were flames in the laundry room and the fire was starting to go up a wall. The fire was put out before reaching the attic.

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Gregory S. Snyder, 41, of West Main Street Road, Batavia, is charged with harassment, 2nd. Snyder is accused of throwing and hitting a woman with a crushed beer can and then spitting on her. The alleged incident occurred at 4:15 p.m., Tuesday, at 3687 W. Main St. Road, Batavia.

Julia Bishop Wescott, 27, of Bank Street, Batavia, was picked up on a bench warrant out of family court. Wescott was arraigned in Town of Batavia Court where she posted $100 bail.

Michael L. Jackson was clearly relieved to receive concurrent sentences on multiple felony convictions in Genesee County Court this morning.

After Judge Robert C. Noonan announced that Jackson's two-year prison term on a drug-dealing charge could be served while he's also in prison for breaking into and trashing the offices of Holland High Lift in Bethany, Jackson gave a little thumbs up and turned to his family sitting behind him and smiled.

Dressed in Genesee County Jail orange and with his wrists cuffed, Jackson was clearly anxious about his fate during the morning hearing, up until the point the second sentence was pronounced.

The former Oakfield resident, who's home was destroyed in a fire two years ago, entered a guilty plea to charges of burglary, 3rd, two counts of grand larceny, criminal mischief, 4th, and witness tampering, 4th.

Noonan noted that Jackson clearly recognized he had no defense to the charges when he entered his unconditional plea the day his trial was supposed to start.

He sentenced Jackson to two-and-a-third to seven years in state prison on the burglary and larceny charges and one year concurrent on the witness tampering charge.

After Jackson's June 10 guilty plea, the Batavia resident was caught selling prescription drugs to an undercover agent. Last week, Jackson entered a guilty plea to a charge of criminal sale of a controlled substance.

Jackson obtained no sentencing cap or a promise of concurrent sentences with either guilty plea.

Attorney Gary Horton said Jackson stayed out of trouble from 2003 until 2009, when he lost his home and seemed to go into a tailspin. He said Jackson was so drunk the night in broke into Holland High Lift that he had a blackout and remembers nothing about it.

When asked by Noonan if he wanted to make a statement before sentencing, Jackson said, "Sir, I don't really remember that night. If I did, I should not have done it. Other than that, I'm sorry."

Most of Holland High Lift's losses were covered by insurance, but there was a deductible and a damaged motorcycle that was not covered. Jackson was ordered to pay $2,500 in restitution.

A Rochester man accused of breaking into the home of a former friend and threatening the woman with a knife had his bail set at $50,000 today by Genesee County Court Judge Robert C. Noonan.

Robert Thigpen III, 35, of 287 Flower City Park, Rochester, was jailed without bail after his arrest because with his prior felony conviction, a city court can't set bail.

Noonan set a fairly high bail because of the seriousness of the offense and the prior felony conviction, but also raised a concern that Thigpen will face a more serious charge of burglar, 1st, rather than the current burglary, 2nd, charge, when the case goes to the grand jury.

"The facts in supporting documents would support a burglary, 1st, charge," Noonan said. "I’m not sure if it will shake out that way, but it has the possibility of very serious consequences for Mr. Thigpen."

Thigpen is also charged with menacing, 2nd.

The alleged attack occurred last week on State Street.

The defendant resident has been living and working, including running his own cleaning business, in Rochester for two years.

Contractors working for the state Department of Transportation began working on Ellicott Street, Batavia, this morning.

A 1.7-mile stretch will be milled and resurfaced. By the end of the project, the four-lane roadway will be reduced to three lanes and bike lanes will be added.

Alexander Agapii, 31, of Penfield, is charged with sexual abuse, 3rd. Agapii is accused of touching a 14-year-old girl without her consent while on the Lazy River Ride at Darien Lake. Agapii was jailed on $250 bail.

(name redacted upon request), 24, of Tracy Avenue, Batavia, is charged with two counts of criminal contempt. xxxx is accused of getting into an argument with his girlfriend. He allegedly "racked" a shotgun and pointed it at her. After the incident was reported, a warrant was issued for his arrest. He later turned himself in.

Bernard A. Buckenmeyer, 46, of Alexander, is charged with DWI and driving with a  BAC of .08 or greater. Buckenmeyer was stopped by State Police at 9:25 p.m., Sunday, on Hunn Road in Alexander.

A caller reported seeing black smoke coming from a residence on East Main Street.

A first responder says the smoke is coming from the second floor of 318 E. Main St., Batavia.

A second alarm has been requested.

UPDATE 12:55 a.m.: On scene, whatever fire there was -- and there was clearly a fire -- was extinguished pretty quickly. Fire personnel were overheard saying the apartment where the fire was located was vacant, but questions about the fire were referred to Chief James Maxwell, who was not on scene. The building has six mailboxes. There was no evidence that any residents were home, and the open upper windows gave the appearance of vacant apartments or offices. Firefighters forced access into the doors of the front office, and upstairs spaces as well as the basement, to check for any additional fire. A few minutes ago, an investigator on scene (heard over the scanner) asked to speak to the original caller.

MORNING UPDATE: The fire caused an estimated $20,000 in damage. The fire was in the kitchen with extension up an interior wall. In this morning's press release, there is no mention of cause or origin. Confirmed, the building was vacant. The fire is under investigation by the police and fire departments.

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At 4:35 p.m., City Fire responded to a report of a fire at 216 Ellicott St., Batavia. A caller reported smelling and seeing smoke. A person may have been yelling, "fire."  It turned out to be a stove fire that was extinguished before city crews arrived. The building was ventilated and City Fire was back in service by 5:05 p.m.