batavia

The night of Tim McGraw concert at Darien Lake, the Batavia PD set up a sobriety check point on Pearl Street and made five arrests.

All five arrested had attended the concert, according to Chief Randy Baker.

Charged were:

• Matthew Perry, 18, of Batavia, charged with DWI;
• Geoffrey Howe, 28, of Auburn, charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation;
• Matthew Malloy, 22, of Batavia, charged with DWI;
• Christopher Vandusen, 38, of Kendall, charged with DWI;
• Thomas Boughner, 28, of Spencerport, charged with DWI and open alcohol beverage container in a motor vehicle.

The traffic detail was supported through the Genesee County Stop DWI program.

Baker said the city PD will use check points and DWI patrols on holidays and throughout the summer to help combat drinking and driving.

Dennis Dale Holcomb, 44, of West Bergen Road, Le Roy, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Holcomb is accused of striking another person on the back of the head with a crowbar. Following arraignment in Le Roy Town Court, Holcomb was committed to the Genesee County Jail without bail.

Christopher C. Say, 20, of 41 Maple St., Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Say is accused of choking a woman during a domestic dispute in front of her children at 9 p.m., Tuesday.

Donald Joseph Pursel, 42, of Upton Place, Rochester, was arrested on a warrant out of Genesee County Court. Pursel is accused of failing to pay a fine. He was arrested by Rochester PD and turned over to the Sheriff's Office. (NOTE: Pursel appeared in court yesterday and after the ADA and his attorney reached an agreement regarding his release, Judge Robert Noonan signed an order authorizing his release.  What was notable is that Pursel's case goes back to a time when Noonan was the District Attorney, so he had to recuse himself from any further proceedings in Pursel's case. Another judge will need to hear the matter.)

Michael William Hall, 24, of Havenwood Drive, Brockport, is charged with DWI, aggravated driving with a BAC .18 or greater and parked on the roadway. Hall was allegedly found sleeping in his car at 12:59 a.m., Tuesday, by Deputy John Weis while it was parked in the westbound lane of Sackett Road, Town of Bergen.

Cassondra Niccole Majors, 18, of Myrtle Street, Le Roy, is charged with possession of alcohol under age 21. Majors was arrested at 11:47 p.m., Monday, in Burnnell Park on Summit Street, Le Roy.

William Gary Strait, 27, of 2803 Retsof Road, Retsof, is charged with DWI and aggravated driving with a BAC of .18 or greater. Strait was stopped at 2:43 a.m., Sunday, by Officer Fox, Le Roy PD, on Main Street in the Village of Le Roy.

The mother of Baby Andrew, killed by Melissa Engelhardt  in November 2009, was arrested Tuesday, accused of stealing baby items from Walmart.

Kristen Anne Cianfrini, 26, of Tracy Avenue, Batavia, was charged with petit larceny.

Cianfrini gave birth to another baby several months after Andrew's death.

Engelhardt was Andrew's stepmother and living in Elimira with Andrew's father when she slipped methanol in a sippy cup and gave it to Andrew and then did nothing as Andrew became ill and eventually succumbed to the poison.

When Engelhardt was convicted of manslaughter rather than murder in a non-jury trial, the community rallied around Cianfrini demanding justice for Baby Andrew. 

Chemung County Judge Peter C. Buckley sentenced Engelhardt, who had a history of substance abuse, to 20 years in prison.

Previously:

• Murder charge brought against Elmira woman accused of killing Batavia baby
• Elmira woman convicted of manslaughter in death of Batavia toddler
• Genesee County residents banding together to seek justice for Baby Andrew
• Family of Baby Andrew still shocked by manslaughter, rather than murder, verdict
• Stepmother sentenced to 20 years in death of Baby Andrew

A former Vine Street resident who once seemed to get his life straightened out but then found himself involved with drugs again was told by Judge Robert Noonan today that he will spend four years in state prison.

William J. Butler, 41, of Batavia, previously entered a guilty plea to attempted criminal possession of a controlled substance.

More than half an ounce of crack cocaine was found on Butler when he was arrested by members of the Local Drug Enforcement Task Force on Aug. 26, 2010. Because of the quantity of drugs involved, the implication of the charge is that Butler was dealing drugs.

Butler acknowledged that he blew his second chance after successfully completing parole on a previous conviction.

"In a time of hardship I made a crucial mistake and I'm resentful that I made it," Butler said. "When I saw my daughter, I apologized to her that let her down and I let down the community I live in. It's one of the worst mistakes I've made in my life, especially considering what I learned. There isn't a day that goes by that I don't resent that."

Related: Batavia woman accused of letting drug dealers operate from her home.

Press release:

Batavia, NY: I will announce my intentions tomorrow regarding the open seat in the Third Ward left by the retirement of Sam Barone, who did an outstanding job representing that ward on city council. I will be announcing that I am entering a Democratic primary and that I have been endorsed by the Conservative Party.  The announcement will be tomorrow, June 29th at 6 p.m. outside of Batavia City Hall. I will be joined by Democratic Councilwomen Rose Mary Christian and Kathy Briggs, whom are supporting my campaign. Any and all are invited to attend.

Dan has sent along word that Assemblyman Mark J.F. Schroeder, his former boss and a candidate for comptroller in Erie County, will be joining the press conference.

Late this afternoon, Chris Charvella received word from his attorney that Town of Batavia Justice Mike Cleveland has dismissed the aggravated harassment, 2nd, charge he was arrested on in November.

E. Robert Fussell, Charvella's attorney, could not be reached for further information on the dismissal and the town court is closed at this hour, so we can't retrieve a copy of the decision.

Fussell told his client the charges were dropped because of insufficient evidence to support the charge.

"It shows that politicians at any level can't have a person arrested for saying something they don't like, especially, 'thank you,'" Charvella said. 

He added, "I knew since I was arrested on November 11th that I had not committed a crime. I placed my trust in the justice system and I'm glad the system worked."

State Troopers arrested Charvella after Legislator Jay Grasso filed a complaint against Charvella claiming harassment.

Charvella was charged under a provision of the statute that prohibits telephone calls for "no legitimate purpose."

The call Charvella made was to Grasso's home phone, and he left a message that said, "thanks for reading my blog."

The message was in response to somebody leaving a political sign on Charvella's front lawn that made reference to an item Charvella posted on her personal blog. The sign contained the words, "Sharome Glasshole," a reference to one of Charvella's blog posts.

Following the phone call, Charvella posted another item on his blog that showed a picture of an Ewok and read, "prepare your anus."

Assistent District Attorney Melissa Cianfrini argued against Fussell's motion for dismissal on June 10.

Part of Fussell's position was that based on previous case law, the conduct of Charvella didn't rise to the level of aggravated harassment, 2nd, as intended by the statute since there wasn't an ongoing pattern of harassment. He characterized Charvella's speech as protected by the First Amendment.

Today, Charvella called the dismissal a victory for free speech.

Charvella has said previously that he spent $7,000 on his own defense in the case.

Neither Cianfrini nor Grasso were immediately available for comment.

Rather than pass a law banning smoking in city parks, the Batavia City Council is considering a resolution that will say, in essence, "please don't smoke."

If passed, signs will be posted in city parks saying the parks are no smoking areas, but police will not have the power to arrest a person who refuses to stop smoking.

"If it’s just a resolution, we’re probably going to ask for voluntary compliance," said Chief of Police Randy Baker. 

He also explained, "The police department acts as an agent of the community and we ask people to comply with what the community cannot tolerate. It's up to their (the council's) discretion to provide us the direction they want us to take."

The resolution proposal was discussed at Monday's council meeting as part of a comprehensive approach to cutting down on substance abuse in city parks.

The city will get tougher with alcohol consumption in parks by voting in July on a fast-track ordinance change that would ban alcohol consumption in parks without a permit.

The current law prohibits drinking beer and other adult beverages in the park, but allows drinking in certain designated areas, such as pavilions.

A one-word change in the ordinance would make it illegal to have an open container in the pavilions.

Councilwoman Patti Pacino, for one, welcome the proposed change.

"I do a summer program for kids," Pacino "We serve lunch. And every single day we see the same people sitting in the same pavilions drinking beer. There is nothing I can do about it."

People who want to have picnics and parties in the pavilions can apply for a $25 permit and then serve alcohol, but once the law is amended, police will be able to deal with residents who reportedly gather in the pavilions on a routine basis and just sit and drink day-after-day.

As for the smoking resolution, only Councilwoman Rosemary Christian raised concerns about about a blanket restriction on smoking in parks.

She said she wants to see designated areas for smokers.

Smokers pay for parks, too, she said, and she finds it ironic that one of the community groups pushing to end smoking in parks is GCASA.

"Go down there (to the East Main GCASA location)," Christian said. "It’s all in front of the property, city property, there are butts all over. And these are the people that want us to stop? I don’t think so."

A Chestnut Street resident is facing a petit larceny charge all because he reportedly didn't want to see some woodchucks that had been living in his yard taken away.

To Dale Edward Banfield, 50, of Batavia, the woodchucks were like pets.

To his landlord, they were pests who were destroying his property.

So the landlord hired a nuisance wildlife company to set traps and capture the little critters.

After they were captured and removed Saturday, Banfield drove out to the company's location in Corfu and asked for the woodchucks back.

The owner declined to return the woodchucks, so before leaving, Banfield allegedly grabbed the traps containing the woodchucks and left.

The traps were recovered, according to the Sheriff's Office, but the woodchucks are presumably off some where chucking wood.

No word on where the woodchucks might be, nor how many were trapped.

Banfield was charged with petit larceny and must appear in Town of Pembroke Court on July 12.

Deputy Ron Meides investigated the case of the woodchuck caper.

Late this evening, spotted this sign -- "Mi Rancho Mexican Restaurant" -- on the old Ponderosa building on Ellicott Street. So, I guess we're free to speculate that a new Mexican restaurant is coming to Batavia.

A working vehicle fire is reported on the eastbound Thruway at mile marker 389.5. Fire units from the Town of Batavia are called to the scene. State Troopers are handling traffic control.

Multiple emergency calls to dispatch are prompting requests for all available manpower to help with emergency coverage, including traffic control at Veteran's Memorial Drive and Route 63. The latter is needed due to the two-car accident at Route 63 and Batavia-Oakfield TL Road.

UPDATE 12:30 p.m.: The fire is under control.

UPDATE 12:33 p.m.: The fire is out. The burned vehicle is a mini-van.

UPDATE 12:55 p.m.: All Town of Batavia fire units back in service.

A lawn mower is apparently on fire, reportedly on the back of a truck or trailer, in the area of 3542 W. Main St. Road, Batavia.

East Pembroke Fire Department is dispatched.

UPDATE 11:17 a.m.: A National Grid truck happened by and the driver used his fire extinguisher to put out the blaze. An East Pembroke chief is on scene investigating.

UPDATE 11:21 a.m.: All East Pembroke units held in quarters.

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A contractor has reportedly struck a natural gas line at 8470 Violet Lane, Batavia, and there is gas leaking.

Town of Batavia Fire Department being dispatched. National Fuel has been notified. No ETA.

UPDATE 10:37 a.m.: Low-pressure line, very small hole. Town assignment held to Engine 24, non-emergency response.

UPDATE 10:40 a.m.: National Fuel on scene.

UPDATE 10:55 a.m.: Town of Batavia fire back in service.

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More than 750 people turned out for a traditional Hindu wedding celebration in Batavia over the weekend.

Sunday's ceremony began at 9 a.m. with the groom's family and friends walking (and dancing) from the Best Western Hotel on Park Road to the Clarion Hotel on Park Road. The wedding service took place inside the Clarion followed by a traditional Indian meal for lunch.

Married where Urvi, daughter of Kalpana Harish Patel and Harish Nathubhai Patel, and Sanjiv, son of Jyotiben Bimalbhai Avichal and Bimalbhai Bhukhandas Avichal

Urvi is a U.S. Army officer.

Thank you to the Patel and Avichal families as well as Clarion owner Chan Patel for allowing me to photograph the wedding. Everybody I met today was warm, kind and accommodating.

More pictures after the jump:

Batavia Police Officer James DeFreze is asking that any readers who might be able to recognize the person in this photo to contact him at jmdefreze@batavianewyork.com or to contact the Batavia PD. DeFreze did not specify the nature of the investigation, just that the photo is associated with an incident at a local bank.

State Troopers are looking for a tan (or gold) 1996 Buick Le Sabre sedan heading eastbound (toward the city) on Route 5 after it was seen leaving a park where the driver is suspected of exposing himself.

The incident reportedly happened moments ago at the Kiwanis Park on West Main Street in the Town of Batavia.

The car is registered to a Buffalo resident.

UPDATE 12:57 p.m.: Two calls were received on this. The man allegedly acted in a lewd manner and then tried to "cover it up" by pretending to urinate. "You never see many gold Buicks until you're looking for one. I've got five in the area all with different plates (than the one being sought)," says an officer.

UPDATE 1:11 p.m.: The man is described as "older" and possibly wearing a blue shirt. So far, officers have found about 10 similar Buicks, most of which are unoccupied and parked in parking lots. None of the vehicles have plates close to the one being sought.

Claudia Germuga, a Batavia High School senior, has won a $5,000 Student of Integrity Scholarship from the Upstate New York Better Business Bureau.

She is a very accomplished dancer and art student who has received lots of recognition from her school. She is described as a student with strong convictions who is determined to set a good example for her peers.

The summer concert series in Jackson Square, Downtown Batavia, sponsored by the Business Improvement District, kicked off this evening with a show by 78 RPM.

It's just about time once again for Batavia's premier music and arts festival -- Ramble.

This year's Ramble is from 11 a.m. to 9 p.m. next Saturday, July 2.

More than 30 music acts will perform on two stages (Jackson Square and T.F. Brown's), plus there will be the arts, crafts and fun for the kids.

Admission is free to this family friendly event.

Pictured above are local musicians Bill Pitcher, Kay McMahon, Jim Catino, Brian Garz, Charlie DelPlato, Bill McDonald and Tim Pitcher.

Lisa Ann Weese, 29, of North Main Street, Albion, is charged with petit larceny. Weese is accused of shoplifting $110.12 worth of merchandise from Kmart at 4:11 p.m., Thursday.

Crystal Lee Marsceill, 30, of Ellicott Street, Batavia, is charged with petit larceny. Marsceill is accused of shoplifting $55.18 worth of merchandise from Walmart at 7:57 p.m., Thursday.