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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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By Lisa Ace


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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.

CTE students inducted into the National Technical Honor Society

By Billie Owens

Press release:

The Batavia Career and Technical Education Center National Technical Honor Society (NTHS) Chapter announced the names of 33 career and technical student inductees this month. 

Due to the COVID-19 pandemic, this induction ceremony event was canceled.

These students met the rigorous criteria set forth by this national organization. The minimum grade-point average for acceptance is a 3.0. Students are also selected based upon credit hours completed, attendance, volunteer service, and membership in other student organizations.

2020 Batavia Career and Technical Education Center NTHS Inductees

Animal Science

  • Kasey Smith, Alexander

Building Trades

  • Quinten Betances, Batavia
  • Garrett Totten, Pembroke
  • Timothy Walsh, Batavia
  • Justin Wight, Oakfield-Alabama

Criminal Justice

  • Adriana Cauthen, Pembroke
  • Will Minkel, Attica
  • Scout Seelau, Pembroke
  • Jordan Waterbury, Akron

Cosmetology

  • Delaney Ingles, Le Roy
  • Madison Masters, Le Roy
  • Rylie Merle, Alexander
  • Lilia Toland, Attica

Culinary Arts

  • Isaiah Merrell, Batavia Academy

Diesel Mechanics

  • Joshua Conrad, Attica
  • Dillon Weber, Alexander

Electro Mechanical Trades

  • Matthew Bills, Batavia
  • Devin Dean, Alexander
  • Adam Dulski, Pembroke
  • Troy Helsdon, Batavia
  • Henry Schafer, Notre Dame
  • Zachary Strzelec, Attica

Graphic Arts

  • Blake Paserk, Batavia

Health Dimensions

  • Keri Biggins, Le Roy
  • Krysta Hansen, Alexander
  • Skye Magoffin, Pembroke

Metal Trades

  • Jesse Bray, Batavia
  • Daniel Gerstiz, Attica
  • Nicole Hume, Alexander
  • Chase Pangrazio, Batavia

Programming and Interactive Media

  • Riley Atwood, Batavia
  • Dominic D’Agostino, Oakfield-Alabama
  • Quintin Konieczny, Batavia

White big rig speeds through county with cops in hot pursuit

By Billie Owens

A white tractor-trailer was reportedly speeding westbound on Route 5 through Stafford, pursued by Genesee County Sheriff's deputies, when it managed to turn around and head eastbound on Route 5.

Batavia Police Department set up a perimeter on Route 5.

The big rig proceeded to Le Roy, where it turned onto Route 19 southbound.

Wyoming County Sheriff's deputies pursued the vehicle, which is now in Livingston County and being pursued by authorities there.

UPDATE 9:48 p.m.: A reader shared this emergency alert out of Livingston County:

"Law enforcement is currently in pursuit of a tractor-trailer on I-390 southbound from Geneseo. He is trying to ram traffic. Get off the highway at this time."

UPDATE 11:55 p.m.: The chase ended in Livingston County with the driver reportedly being shot by police, according to our news partner, 13WHAM. The chase started in Le Roy following a traffic stop for speeding. The driver reportedly fled with a Le Roy Police officer still on the running board of the vehicle. The truck struck several vehicles, including law enforcement vehicles, during the pursuit. There's no ID on the driver yet released nor have police disclosed any possible motive for the driver to flee.

Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Two teens from Pembroke seriously injured in crash on West Main Street Road, Batavia

By Howard B. Owens
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Two teenagers from Pembroke are in critical but stable condition at Erie County Medical Center following an accident on West Main Street Road, Batavia, last night.

A 2013 Chevy Impala driven by Daniel P. Sonnefeld, 19, was leaving Dave's Ice Cream at 9:15 when it apparently attempted to make a left turn, pulling in front of a 2020 Freightliner semi-truck that was eastbound on Route 5.

The tractor-trailer struck the driver's side of the Impala, sending the vehicle to the north shoulder of the roadway where it came to rest. 

Sonnefeld was transported by Mercy EMS to ECMC for serious injuries.

A second occupant, Gabriel Johnston, 18, was transported to ECMC by Mercy Flight with serious injuries.

Phouthason S. Kittisack, 18, of Batavia, also a passenger in the sedan, sustained minor injuries and was released at the scene.

The Freightliner was driven by Rondal J. Crosby, 45, of Buffalo. He was not injured.

The accident is being investigated by the Sheriff's Office, including the Crash Management Team. Assisting at the scene were Town of Batavia fire, East Pembroke fire, Oakfield fire, Batavia PD, Mercy EMS, and State Police.

(Initial Report)

Serious injury accident reported in front of Dave's Ice Cream in Batavia

By Billie Owens
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A serious injury accident is reported in front of Dave's Ice Cream on West Main Street Road in Batavia. Two Mercy flights are called to the scene; one has a 30-minute ETA. Town of Batavia Fire Department is responding along with Mercy medics. East Pembroke is called for traffic control. 

Eastbound Route 5 is to be shut down at Kelsey Road.

UPDATE 9:30 p.m.: East Pembroke Fire Department is also responding.

UPDATE 9:31 p.m.: Both patients are extricated. Mercy Flights are to land east of the scene. East Pembroke is on scene.

UPDATE 9:38 p.m.: Mercy Flight Central with a 15- to 20-minute ETA is cancelled. The patient will be transported to a hospital via ground ambulance.

UPDATE 10:50 p.m. (By Howard): A sedan occupied by three teenage males was exiting the parking lot at Dave's Ice Cream when it was struck in the side by a semi-truck. All three occupants are considered in critical condition though the injuries are not necessarily life-threatening. Crash Management is conducting an investigation as a precaution. The investigation is ongoing.

Police called on to break up numerous disturbances in Batavia over the past day

By Howard B. Owens

As temperatures have gone up the past couple of days tempers have flared, it seems, in some parts of the city.

Over the past 24 hours, there have been multiple calls for disturbances on State Street, as well as calls to Hutchins Place, Jackson Street, Watson, and Thorpe.

On State Street, Police Chief Shawn Heubusch said it appears there are multiple neighbors who can't get along and he suggested they never have and they never will. 

"Nothing has risen to the level that we can arrest anybody," Heubusch said, though it would be helpful if witnesses to incidents were willing to put their statements in writing.

After a call on State Street this afternoon, which brought a response from Batavia PD and the Sheriff's Office, including a K-9, one deputy on State Street, when asked what was going on said, "A whole lot of 'I saw nothing.' "

"Neighbors have been calling, and that's good, but our hands are tied by changes to criminal justice this year," Heubusch said. "Without a statement, the most we can do is write an appearance ticket."

The local landlords are also more restricted in how they can respond to troublesome tenants, Heubusch noted, because of the moratorium ordered by Gov. Andrew Cuomo on most evictions, especially evictions related to missed rent payments.

Speaking of the COVID-19 pandemic response, Heubusch said, he doesn't think the recent spate of disturbances is the result of eight weeks of being on lockdown. 

"These calls mostly involve people we've dealt with before," Heubusch said. "I don't think the lockdown is coming into play."

Batavia PD does have cameras installed to help monitor the situation on State Street and at Watson and Thorpe.

He said he understands the public might want more done but that takes cooperating witnesses.

One of the objectives of a police response to a crowd of people involved in a ruckus is to get the people to disperse, Heubusch said. If police can do that, it will help defuse the situation and hopefully help avoid an escalation of violence.

It might be a long summer, the chief said.

"(The disturbances are) definitely a concern," Heubusch said. "That's for sure."

Law and Order: Sparks Road man accused of unlicensed driving while under influence of drugs

By Billie Owens

Joshua Lee Baltz, 44, of Sparks Road, Pavilion, is charged with: aggravated unlicensed operation of a motor vehicle in the first degree, a felony; driving while under the influence of drugs; and speeding -- going 76 in a 55-mph zone. Baltz was stopped for speeding on Alexander Road in Alexander at 11:51 p.m. on May 23 and allegedly found to be impaired by drugs. He was issued appearance tickets for Town of Alexander Court on July 21. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Deputy Ryan Young.

Warren David Post, 52, of Genesee Street, Corfu, is charged with: driving while intoxicated; DWI -- operating while having a BAC of .08 percent or higher; aggravated unlicensed operation in the first degree; and failure to keep right. On May 24, Post was arrested at 4:44 p.m. on Pearl Street Road in Batavia following a traffic stop. He was released on traffic tickets returnable to Batavia Town Court on July 16. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy David Moore.

Brianna S. Green, 23, of Batavia (no address provided), was arrested and charged with petit larceny following a shoplifting complaint at Walmart in the Town of Warsaw (Wyoming County). On March 29, it is alleged that she stole $65.82 in merchandise. Green was arrested on May 23 on the charge. She is due in Town of Warsaw Court on July 13. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Products Finishing magazine names Batavia's U.S. Chrome Corp. to its 'Top Shops' list

By Billie Owens

Press release:

U.S. Chrome Corp. of New York has been named one of the best finishing shops in North America, according to an industry benchmarking survey conducted by Products Finishing magazine, a trade publication covering the industry since 1938.

The Connecticut-based company has a plant at 31 Swan St. in Batavia.

The magazine conducted an extensive benchmarking survey that analyzed hundreds of finishing companies in several different areas, including Current Finishing Technology, Finishing Practices and Performances, Business Strategies and Performances, and Training and Human Resources.

Only the top 50 shops were given the honor of being a Products Finishing magazine "Top Shop" based on a scoring matrix in those four criteria.

“U.S. Chrome Corp. of New York has established itself as one of the best finishing operations in the industry,” said Tim Pennington, editor of Products Finishing magazine. “The criteria we used was very stringent, and only the top finishing shops that excelled in all four areas made the list.

"U.S. Chrome Corp. of New York is in rare air when it comes to finishing operations.”

U.S. Chrome Corp. offers Hard Chrome, Flash Chrome, Thin Dense Chrome, Future Chrome, Welding, and Polishing. They are Nadcap* Accredited for Chemical Processing and Aerospace Quality Systems (AC7004).

*(Formerly NADCAP, the National Aerospace and Defense Contractors Accreditation Program) It is a global cooperative accreditation program for aerospace engineering, defense and related industries.

Photos: Memorial Day service at the Upton Monument

By Howard B. Owens

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Photos from the Memorial Day service today at the Soldiers and Sailors Monument (The Upton Monument) in Batavia.

We'll have video report posted tonight or tomorrow of the Memorial Day Service at the War Memorial at St. Jerome's.

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Owner of a dog locked in vehicle at Walmart argues with officer

By Billie Owens

A dog was reported to be locked in a vehicle in the Walmart parking lot and an animal control officer responded. The owner returned to the vehicle and is now said to be arguing with the officer.

It's 84 and sunny out today.

Memorial Day 2020: Belated thanks to a Seabee and a 'Doc'

By David Reilly

Last August my longtime friend and Marine veteran of Vietnam, Jim Heatherman, wrote an article for The Batavian lamenting that he had not really gotten to know two of our Notre Dame High School Class of 1964 classmates who died in Southeast Asia.

He also expressed sadness that, as with all war casualties, the death of Thomas Welker and Daniel Bermingham caused tremendous grief to their families and prevented them from having and raising families of their own.

Jim's article inspired another of our classmates to take the impetus to try to have a plaque memorializing Tom and Dan placed in the front lobby of Notre Dame. However, Jim lives in Oklahoma and combined with the COVID-19 situation, the completion of the project has been delayed.

Last fall Jim and I got together in Batavia and located Dan Bermingham's grave in St. Joseph Cemetery on Harvester Avenue. As we paid our respects, we agreed that the next time Jim came to the area we would go to Attica where Tom was from and find his grave at St. Vincent Cemetery, too.

So, knowing that the plaque was on the back burner, as this Memorial Day approached, I wanted to finally make a long-delayed gesture from the N. D. Class of '64 to remember our fallen classmates. I ordered a Navy flag for Dan, (inset photo left) who was a “Seabee” -- sailors in Naval Construction Battalions.

Even though Tom was also in the Navy, I got a Marine flag for him. Tom was a Navy Corpsman assigned to a Marine unit when he was killed. Jim had related to me that there is no one held in higher esteem by their Marine comrades than a Navy Corpsman, who are always known as “Doc." Jim had wanted to honor Tom (inset photo right) with a Marine flag, and since he couldn't be here, I wanted to carry out his wish.

As I drove from Rochester to Attica and then Batavia on Saturday, a plethora of thoughts flooded my mind. 1964 was 56 years ago and I unfortunately didn't remember very much about Tom and Dan.

As Jim was training to go to Vietnam as a Marine Lieutenant and I was was entering my senior year of college (we both went to St. John Fisher), Tom and Dan were dying within three weeks of each other in a faraway land.

In 2002 I visited the Vietnam War Memorial in Washington, D.C. -- The Wall -- and found their names, and I have seen their plaques at the Vietnam Veterans Memorial of Greater Rochester in Highland Park South, Rochester.

But, was I being hypocritical for not paying attention to their grave sites until this weekend, 52 years later?

I texted Jim about that very thought and his reply was, “I think that as a teenager you spend 80 percent of your life not knowing or appreciating what is really important. Then, hopefully, as you get older you do appreciate those things and try your best to make amends. I don't think it's ever too late to do the right thing.”

So on behalf of Vietnam veteran Jim Heatherman and the Notre Dame Class of 1964, rest in peace Tom Welker and Dan Bermingham and thank you for your service.

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