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As city backs away from officially participating in unity event, new organizers working on peaceful protest

By Howard B. Owens

Though he wasn't part of yesterday's meeting, City Council President Eugene Jankowski said tonight there was never any agreement between the city and organizers of a planned protest against racial injustice to coordinate an alternative event in Williams Park.

Jankowski said he communicated to Macy Paradise within 30 minutes of Paradise announcing a BBQ for Equality on Facebook that no event can be sanctioned by the city without City Council authorization.

"I was very clear that morning with Macy and Chelsea (another person reportedly involved in organizing the event) that unless it goes through Council, the City Manager has no authority to approve anything like this," Jankowski said.

Paradise also sent information to The Batavian about the event and said that Police Chief Shawn Heubusch had agreed to speak at the event. After The Batavian spoke with Heubusch and Heubusch said he would speak, we published a story. We then did a live video interview with Paradise later that afternoon and Jankowski said that interview was well after he had informed Paradise that the city could not commit based on just a meeting with staff to either participating in an event or approving an event without a permit, which must be approved by the City Council.

Jankowski said while he doesn't know the particulars of the meeting on Monday morning, he doesn't believe Moore made any verbal commitments and he certainly didn't commit the city or City Church to providing free food for the event.

This evening, the City Manager Martin Moore put out the following statement:

“Due to the ongoing events that are occurring in Buffalo, Rochester, and elsewhere in the region, the City of Batavia will not participate in, and has not approved any official community event at this time, as we need to keep citizens safe. We have been working with multiple law enforcement agencies across the region to ensure that we are prepared for any type of public demonstrations, and we anticipate a respectful response from our local community members. ”

We also spoke with Moore and asked about the consequences of "moving" Sunday's event from Williams Park, which will less likely be a target for outside agitators, to Downtown -- which is the likely location for a planned march or protest if not Williams Park. Moore said it isn't a move because the city was never involved in any event at all.

Some local business owners have expressed concern about a protest taking place Downtown.

Moore said violence following peaceful protests in Rochester and Buffalo has given the city pause to participate in any event. Jankowski said the city was also concerned about liability and the city getting sued if something went wrong for an event they "co-sponsored."

"We're a town of 15,000 people," Moore said. "We are talking to state and federal experts in law enforcement and taking their advice."

Paradise let people know today that the BBQ was canceled and that other people were organizing a march.

Tonight, we reached out to Greg Munroe, one of four people organizing Sunday's protest/march.

Munroe said he will be at City Hall at 8 a.m. Sunday to help ensure things remain organized with the march scheduled to start at 11 a.m.

"We're still actually putting together the plan," Munroe said, "but this will be a peaceful protest that starts at City Hall."

The message he hopes the protest will convey is one of solidarity for the whole community. He said in that spirit, he hopes the police will participate, as they did today in Lockport (there have also been examples in Schenectady and Auburn). 

He said police participation would help show the community that if anything tragic ever happened here, "there will be accountability; they will be on the side of right regardless of who is wrong."

When it looked like there was going to be a BBQ in Williams Park, Chief Heubusch was going to be one of the speakers. Munroe said he hopes the chief will participate in the event on Sunday, that he would be welcome to join in.

Jankowski said he supports a peaceful protest Downtown. That is everybody's constitutional right, he said. He did say he expects everybody to obey the law, which prohibits gatherings of people from blocking traffic.  

Munroe said he doesn't anticipate a problem but he doesn't know how many people will show up. 

He also acknowledges that the biggest issue at protests in other communities has been outside agitators. He said he and his fellow leaders will be on the lookout for troublemakers, but that the potential for trouble is why it's also important for the police and protestors to cooperate.   

If organizers spot somebody who might cause problems, they will look for ways to de-escalate or ask them to leave.

"If we try to de-escalate and the police try to de-escalate, especially if we do it on both sides, we should avoid any problems," Munroe said.

The city also issued this statement tonight:

The City of Batavia stands in deep sadness and grief over the action of officers in Minneapolis, Minnesota resulting in the death of George Floyd. We have also been saddened over recent situations where Americans were murdered, abused, and treated unfairly by members of their community or law enforcement officials.

“I do not condone the use of excessive force by law enforcement officers, and I am proud to say that the City of Batavia promotes a high professional standard at our Police Department, with Officers committed to protect and serve all of our citizens. The City of Batavia Police Department is deliberate in their training and certification and take a community policing approach to engage the community and build bridges,” said Martin D. Moore, City of Batavia manager. “As always, my office is open. Please contact me if you have any concerns.”

“The actions of the police officers in Minneapolis leading to the death of George Floyd were despicable and unjustified given the information known to me at this time. No individual is above the law, and those that commit crimes, whether civilian, law enforcement, or government official, should be prosecuted to the fullest extent. The City of Batavia Police Department believes whole-heartedly in compassion, understanding, and communication with our community and condemn violence of any kind,” said Shawn Heubusch, City of Batavia Police chief.

The City of Batavia and Officers of the Batavia Police Department stand in solidarity to support meaningful change, however, the violence and chaos that has erupted in our region and across America must be stopped. Exploiting meaningful protests is a deplorable act, blurring the lines of what we all seek to achieve. 

Batavia has gone through difficult moments, even difficult decades, but is a community built by Americans from all walks of life who worked hard to build a vibrant family-oriented city that accepts all people.  

“We are willing to listen and have a dialogue with anyone, at any time, to better understand and reach common ground, but we will not allow our community to be a target for violence. The Batavia Police Department is working together with local, state, and federal law enforcement in a coordinated effort to protect the safety of our community, and are prepared in the case that any individual or group(s) incites violence,” concluded Police Chief Heubusch.

Previously: 

Law and Order: Ellicott Avenue man accused of attempted burglary, criminal possession of weapon and menacing

By Billie Owens

Luis A. Ramos-Mercado (inset photo left), 35, of Ellicott Avenue, Batavia, is charged with: attempted burglary in the first degree -- use or threatened use of a dangerous instrument; criminal possession of a weapon in the third degree -- previous conviction; menacing in the second degree -- with a weapon. Ramos-Mercado was arrested on a Batavia City Court warrant for an incident that occurred at 2:30 a.m. on Jan. 30 on East Main Street in Batavia. He was released under supervision and is due back in city court on July 9. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Wesley Rissinger.

Trevawn Oral Wright, 19, of Highland Park, Batavia, is charged with two counts of second-degree harassment -- with physical contact. Wright was arrested after Batavia police responded to Highland Park for a report of a disturbance. After an investigation, it was found that Wright allegedly punched a male in the head and attempted to strike another male with a jug of water. He was issued an appearance ticket to be in Batavia City Court on July 21. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Joshua Girvin.

Torre Steven Walls, 28, of Alleghany Road in Darien, is charged with fourth-degree grand larceny. Walls was arrested at 9:45 p.m. on May 29 after an investigation of a domestic incident that occurred on Alleghany Road in Darien. It is alleged that Walls stole his girlfriend's Ruger SR22 pistol following a verbal argument. He was issued an appearance ticket and is due in Darien Town Court on July 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy James Stack.

Rae C. Cook, 31, Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested at 5:43 a.m. on May 30 on Liberty Street following an incident in which she was allegedly found in the presence of a person protected by an order of protection. She was arrested then issued an appearance ticket for July 21 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Dalton Joseph Rarick, 30, Whitfield Avenue, Buffalo, is charged with: aggravated driving while intoxicated -- having a BAC of .18 percent or more; DWI; and refusing a preliminary breath test. Rarick was arrested at 10:16 p.m. May 29 on West Main Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on July 15. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Alan R. Murray, 74, Spencer Court, Batavia, is charged with operating a vehicle while having a BAC of .08 percent or more, and driving while intoxicated, with a previous conviction within the last 10 years. The case was handled by Batavia Police Officer Miah Stevens.

Brian Keith Dyer, 53, North Street, Batavia, is charged with second-degree harassment. Dyer was arrested at 9:50 p.m. on May 23 on Ross Street in Batavia after an investigation into a fight/disturbance there. He is due in Batavia City Court on July 21. Batavia Police Officer Arick Perkins handled the case.

Carrie L. Vargo, 35, of Tonawanda Creek Road, Clarence, is charged with second-degree criminal contempt. Vargo was arrested at 3:23 p.m. on May 14 after allegedly contacting a protected party on Summit Street in Batavia via email. Vargo was issued an appearance ticket and is due in Batavia City Court on July 14. The case was handled by Batavia Police Officer Alec Roberts.

Nikkia Marie Farias, 22, of Thorpe Street, Batavia, is charged with making unnecessary noise. Farias was arrested at 3:17 a.m. on May 26 following several noise complaints. The defendant was issued an appearance ticket and is due in Batavia City Court on July 14. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Adam Tucker.

Thomas James Leonard, 36, address unknown, is charged with petit larceny. Police were called to Dollar General on East Main Street in Batavia after it was reported that a male had stolen items from the store and was fleeing. Leonard was arrested and issued an appearance ticket to be in Batavia City Court on July 21. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Joshua Girvin.

A minor teenager who lives on Halstead Road in Batavia was arrested for unlawful possession of marijuana at 4:36 a.m. on May 24 on State Street in Batavia after a domestic incident. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Stephen Quider.

Young people want their voices heard

By Billie Owens

Several young people are peacefully protesting social injustice in front of the Batavia City Police headquarters on Main Street this afternoon.

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BBQ for Equality in Williams Park canceled, organizers still plan march downtown for Sunday

By Howard B. Owens

A plan for a unity gathering at Williams Park on Sunday has been canceled according to one of the organizers, Macy Paradise.

Paradise said city officials have pulled out of the BBQ for Equality.

Attempts to contact City Manager Martin Moore have so far been unsuccessful.

There will be a peaceful protest march in Downtown, Paradise said, and that event is being organized by local people of color.

"I will march alongside them," Paradise said.

Yesterday, Paradise met with city officials and said at the meeting he was led to believe the city was committed to cosponsored a BBQ for Equality in Williams Park.

Later in the evening, Moore called The Batavian and said plans for an were actually not finalized and that the city would need to clear the plans with the state.

Police Chief Shawn Heubusch yesterday expressed concern about outside agitators coming to Batavia to cause trouble if there was a protest Downtown. The venue change to Williams Park was meant to help avoid such a turn of events.

Corfu Fire pays tribute to Dave Saleh at his Batavia home as battles cancer

By Howard B. Owens

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Village of Corfu volunteer firefighters came to support Dave Saleh on Sunday in his fight against cancer, by parading past his house and showing off their new Fire Engine Tanker.

Dave, who has been active with the Fire Department for 45 years as a past Director, Vice President, and Commissioner, was an integral part in getting the truck refurbished for the department.

Dave's family is hopeful in his recovery, and is requesting to have everyone keep him in their prayers.

Photos and information by Philip Casper.

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LIVE: Interview with Nicole Ilasi, owner of Salon Miaou

By Howard B. Owens
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Interview: Nicole Ilasi, owner of Salon Miaou, about the challenges salon and barbershop owners are facing in Phase Two reopening. Salon Miaou is located at 417 E. Main St. in Batavia.

VIDEO: Batavia man holds 'Black Lives Matter' sign at Main and Ellicott

By Howard B. Owens
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Ken Marrocco, a Batavia resident, was at the intersection of Main and Ellicott in Batavia this afternoon and evening carrying a sign that read "Black Lives Matter."

Marrocco was responding to the killing of George Floyd in Minneapolis by a police officer, a death that has sparked nationwide protests, some peaceful, some turning violent.

LIVE: Interview Macy Paradise, about the upcoming BBQ for Equality

By Howard B. Owens
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Interview with Macy Paradise, about the upcoming BBQ for Equality

Local group calling for social justice and City coming together for 'BBQ for Equality'

By Howard B. Owens

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What once was billed as a protest is being transformed into a call for unity in the City of Batavia.

Area resident Macy Paradise formed a group called "Community Against Social Injustice" met with city leaders today and together they worked out a plan for a BBQ for Equality to be held at Williams Park at noon on Sunday.

Originally, Paradise and group members were planning a "protest" outside City Hall on Sunday but after violence erupted in other cities following peaceful protests, Paradise said he recognized the risk to local businesses in holding an event downtown.

He said the City of Batavia and City Church have agreed to donate food for the BBQ. The restriction on public gatherings in the park will be lifted Sunday afternoon for this event.

Statement from Macy Paradise:

In light of the recent destructive events happening nationwide and after meeting with many head city members, we’ve decided to team up with the city to take a proactive approach to getting our voices heard! The City of Batavia has teamed up with Community Against Social Injustice to bring OUR CITY a BBQ FOR EQUALITY in place of the protest. We will meet at NOON on Sunday, June 7th at Williams Park to show that this community can come together as ONE for the same cause, equality! The City of Batavia and The City Church are donating the food and resources necessary to make this event successful! This will be a FREE family-friendly event with many guest speakers, including The City of Batavia’s Police Chief Shawn Heubusch, who will share his views on the recent events happening in our nation and to promote equality within our community! Show up and MAKE YOUR VOICES HEARD! We are ALL capable of standing TOGETHER to show that Black Lives Matter and that our community is strong and working together towards the same mission, EQUALITY!

Our mission is to show our community that we are unified in the efforts to end the social injustices happening to our brothers and sisters of color. We hope to bring the whole community together in one place to show how important it is for local police to denounce the actions of those officers who have committed these social injustices to the minorities in this community in hopes that we come together in the fight for equality. We listened to the voices of our local residents and business owners and decided we would make a much more proactive stance if we shifted from a protest to a BBQ/Rally for equality. We’d love all elected city officials, civil servants, businesss owners, and residents to come together and hold each other accountable in the fight for equality. Hopefully this alleviates the fears and brings more people together for a peaceful cause!

Chief Shawn Heubusch confirmed the plan and said city officials were concerned about outside agitators using an event downtown to come here and cause trouble.

"We don't want to see happen here what happened in Rochester," Heubusch said. "It's better that we come together united and have everyone sit down and have a good conversation rather than everybody screaming at each other."

Heubusch will be one of the speakers at the BBQ and he will share his thoughts on the killing of George Floyd at the hands of police officers in Minneapolis.

"We're calling on our elected leaders to participate and show those looking for justice that we're united," Heubusch said.

The Batavian will have a live stream interview with Paradise at 3:30 p.m. today and with Heubusch on Wednesday morning.

Tonight: Batavia First Presbyterian Church hosts online 'Prayer for Remembrance and Healing'

By Billie Owens

Batavia First Presbyterian is hosting an online prayer event this evening (via Facebook): "Prayer for Remembrance and Healing."

It is a prayer service from 7 to 7:30 p.m. to remember the murder of George Floyd and to pray for the healing of our country.

Rev. Shiela Campbell McCullough and Rev. Roula Alkhouri will be leading this together.

"Let us unite our hearts in prayer, honoring the life of George Floyd, and praying for the healing of our country from racism and violence. We will ring the church bell and spend some time in silence remembering the (nearly) nine minutes George Floyd gasped for air."

VIDEO: Batavia man protests death of George Floyd at Upton Monument

By Howard B. Owens
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A Batavia resident spent most of the afternoon carrying a protest sign in front of the Upton Monument at Ellicott and Main in Batavia that read "George Floyd is Every man!"

George Floyd, 46, died while in police custody in Minneapolis on May 25 while a police officer, based on a video made by a teenage witness, kept a knee on his neck for 8 minutes and 46 seconds.

Floyd was handcuffed and lying face down on the road, while the officer had his knee on his neck.

During the incident, Floyd told officers multiple times he couldn't breathe. At one point, he cried out, "Mama!" according to news reports. Floyd reportedly said, "My stomach hurts, my neck hurts, everything hurts," and requested water. The police do not audibly respond to Floyd who begged, "Don't kill me."

The police officer who kept his knee pressed against Floyd's neck is reported to be Derek Chauvin. He has been charged with third-degree murder and manslaughter. Chauvin along with fellow officers Thomas K. Lane, Tou Thao, and J. Alexander Kueng, were fired immediately after the incident.

Chauvin reportedly had 19 prior complaints against him for alleged misconduct.

Floyd was originally from Houston, Texas, and had a prior felony arrest but moved to Minnesota to start a new life and had no criminal record in Minnesota. He and Chauvin had worked together as security guards at a nightclub prior to closure of the establishment due to coronavirus.

At the time of the deadly incident, Floyd was accused of passing a counterfeit $20 bill.

The incident has touched off protests and riots nationwide.

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Law and Order: Hutchins Street woman accused of fraudulently receiving DSS benefits

By Billie Owens

Heidi M. Connolly, 44, of Hutchins Street, Batavia, is charged with seven counts of offering a false instrument for filing in the first degree, a felony, and one count of third-degree grand larceny, also a felony. Connolly was arrested at about 5 p.m. on May 28, arraigned in Genesee County Court, then released on her own recognizance. It is alleged that between October 2018 and October 2019, Connolly allegedly falsified paperwork at the Genesee County Department of Social Services Building and as a result fraudulently received $3,631 in benefits. She was released on her own recognizance and is due in county court on July 7. The case was investigated by GC DSS Fraud Investigator Robert Riggi and GC Sheriff's Deputy Erik Andre, assisted by Sheriff's Sgt. Michael Lute.

Christopher M. Smith, 26, of Pratt Road, Batavia, and James C. Malone, 23, of South Pearl Street, Oakfield, are charged with unlawful possession of marijuana in the second-degree, a violation. They were allegedly found in possession of marijuana after an investigation by a Batavia Neighborhood Engagement Team (NET) officer and the Genesee County Local Drug Task Force. The May 28 press release from the Genesee County Sheriff's Offices does not say when or where the arrests were made. The defendants were issued appearance tickets and are due in City of Batavia Court on June 23.

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Interior is well laid out and spacious. Pretty oak kitchen outlooks into living area and dining area. Bedrooms are large and one holds a surprise (you must see). Large enclosed front porch area that could provide a lot of extra living space or just to enjoy summer days. All this home really needs is some cosmetic updating...don't let this one slip by without checking it out! Easy to see. 

19 Mckinley Ave, Batavia City -- Solid two family on super quiet street, centrally located and within walking distance to shopping. Currently has really great tenants! Call Lynn today. Call 585-344-HOME.

Law and Order: Bernd Road man charged with assault in Bethany

By Billie Owens

Dillen Andrew Merrell, 24, of Bernd Road, Le Roy, is charged with third-degree assault. He was arrested on May 26 following the complaint of an assault that allegedly occurred at 11:36 p.m. on May 22 on Ellicott Street Road in Bethany. He was arraigned in Genesee County Court May 26 and released on his own recognizance. He is due to return to county court at 3 p.m. on Aug. 11. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Officer Jordan Alejandro.

Destiny M. Green, 23, of Walnut Street, Batavia, is charged with second-degree harassment -- physical contact. Green was arrested at 12:45 p.m. on May 23 after allegedly subjecting a person in her household to unwanted physical contact by striking them with a shoe and then kicking them repeatedly. Green was issued an appearance ticket, then released after her arrest. She is due in Batavia City Court on July 22. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Stephen Quider.

Daniel R. Yates, 50, of Pearl Street, Batavia, is charged with dog running at large. He was arrested at 5:23 p.m. on Pearl Street after his two dogs allegedly escaped from his home and subsequently a person was bitten by one of the dogs. He was issued an appearance ticket after his arrest and is due in Batavia City Court on July 21. The case was handled by Batavia Police Officer Miah Stevens.

James W. Shute, 37, of Humphrey Street, Warsaw, is charged with disobeying a court order. On May 22, Batavia Police Officer Peter Post arrested Shute for second-degree criminal contempt after he allegedly violated an order of protection on May 16 on Main Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on July 28.

Corey Allen Brown, 34, of Highland Park, Batavia, is charged with petit larceny. Brown was arrested after an investigation into a bicycle that was stolen on April 22 at 5:53 p.m. on Highland Park. Brown was arrested, issued an appearance ticket, and is due in Batavia City Court on July 14. The case was handled by Batavia Police Officer Peter Flanagan.

Alicia M. Lyons, 40, of State Street, Batavia, is charged with petit larceny. Lyons was arrested at 5:17 on May 21 at the Kwik Fill on the corner of Jackson and Ellicott streets in Batavia after officers were called for a reported larceny. After a brief interview, Lyons allegedly produced the stolen property and turned it over to the officers. Lyons was arrested, issued an appearance ticket for June 16 in Batavia City Court, then released from custody. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

Two dogs locked in vehicle in Walmart parking lot

By Billie Owens

Two dogs are reportedly locked in a vehicle in the Walmart parking lot and an animal control officer is responding. The dogs are in a blue Mitsubishi that is parked in the first row outside the grocery store entrance. It's currently 75 degrees.

UPDATE 4:21 p.m.: The animal control officer is at the scene and asks dispatch to have Walmart management page the registered owner and have that person step out to speak with the officer.

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