batavia

A car has struck a pedestrian at East Main and Elm streets in the City of Batavia. Injuries are serious. The fire department and Mercy medics are responding. Mercy Flight out of Buffalo has been notified and will be responding.

UPDATE 9:17 p.m.: Mercy Squad #2 is en route to the Genesee County Airport with a patient on board for Mercy Flight to transport.

UPDATE 9:32 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital in Rochester.

UPDATE 9:57 p.m.: Statements from witnesses indicate the woman who was struck, whose name has not been released yet, may have been trying to get hit by a car. Gretchen Hawley, who was sitting on the patio of a nearby restaurant with her father, Ted Hawley, said she saw the woman dart out into traffic as a car was heading west with a green light. The car managed to stop before hitting the woman. The woman then went back to the sidewalk and waited a while then with a green light for westbound traffic and a small black sedan approaching, the woman ran into the street again. "She went out in the street and then sped up to get in front of the car," Gretchen said. Ted added, "It was totally deliberate." Police confirmed that other witnesses told consistent stories. The driver of the car was shaken up, but not injured. The woman said she was "hurting all over" and transported to Strong by Mercy Flight as a precaution. It's unknown if she has any internal injuries. She was conscious and alert at the time of transport.

UPDATE: The victim has been identified as a 49-year-old woman from Le Roy, but her name is not being released at this time. Her medical condition is not known at this time.

About five minutes ago, there was a minor three-car accident on East Main Street at Center Street. No injuries. City Fire Department called to deal with an antifreeze leak. City police on scene to take a report.

Jody Blaine Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI, aggravated DWI and moving from lane unsafely. Following a lengthy investigation into an accident on Clinton Street Road, Batavia, on Feb. 23, Gillett was accused of driving while intoxicated.

Douglas Paul Cornelius, 32, of Pratt Road, Pembroke, is charged with petit larceny. Cornelius is accused of stealing woodworking equipment from a location on Pratt Road, Pembroke. 

Tyler P. Schroeder, 19, of Lewiston Road, Batavia, is charged with petit larceny. Schroeder is accused of stealing $700 from a residence in Elba on June 3. Schroeder was arraigned in Oakfield because no Elba town justice was available and remanded to Genesee Jail on $3,000 bail.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with unlawful possession of marijuana. Lockhart is accused of trying to hand off marijuana he had in his pocket to a girlfriend while in Town of Batavia Court on an unrelated criminal charge.

William Andrew Johnson, 23, of Alexander Street, Rochester, is charged with unlawful possession of marijuana. Johnson was allegedly found in possession of marijuana during a traffic stop at 8:43 p.m., Tuesday, on Route 77, Corfu, by Deputy Patrick Reeves.

John Jeffery McCombs, 23, of Oxford Street, Rochester, is charged with unlawful possession of marijuana. McCombs was a passenger in a vehicle stopped for alleged traffic violations at 8:43 p.m., Tuesday, on Route 77, Corfu, when he was allegedly found in possession of marijuana by Deputy Patrick Reeves.

Nathaniel Michael Dickens, 18, of Broadway Street, Oakfield, is charged with harassment, 2nd. Dickens is accused of striking another person during an incident on July 7.

Deborah A. Schramm, 30, of East Main Street, Batavia, and Michael R. Schramm, 35, of East Main Street, Batavia, are charged with petit larceny. Deborah and Michael are accused of shoplifting at Walmart.

A pedestrian has been hit by a car at the Rite Aid location on Lewiston Road.

Town of Batavia Fire Department and Mercy EMS responding.

No word yet on the extent of injuries.

UPDATE 2 p.m.: The victim is conscious and alert.

It's a ticket to one of the last hangings in Genesee County and it was last seen hanging in the Holland Land Office Museum in the early 1970s.

It was around that time, maybe a couple of years earlier, that it was apparently stolen.

In 1973, an unidentified couple bought it from a guy selling antiques out of the trunk of his car in Pavilion.

A few weeks ago, the now-elderly couple decided to donate it to the Genesee Country Museum, but the museum director there immediately recognized it as property of HLOM and called up Director Jeffrey Donahue to see about returning it.

A few days ago, Don Read, Bob Turk and Donahue drove to Mumford to recover the framed relic.

The ticket was issued in May 1866 by Sheriff Parley Upton (unknown family connection to Gen. Emery Upton) to Henry Todd, a local newspaper editor. It was donated to the HLOM by Philip Skelton Jr.

The murderer hanged was Levi Mayhew, a veteran of the Civil War who became the lover of another man's wife. The cuckold's wife wanted her husband dead and tried to get Mayhew to poison him, but he wouldn't do it. When she threatened to do it herself, Mayhew decided to kill the husband, Theodore Dunham, himself by beating him to death in Indian Falls.

Mayhew was hanged on May 4, 1866.

The last hanging in Genesee County was apparently 10 years later when Thomas B. Quackenbush was punished for the Dec. 3, 1875 murder of Sarah Norton, also in Indian Falls. He was executed by hanging in August 1876 by Sheriff Ward.

UPDATE: It looks like the last execution was Charles Stockley, hanged on Aug. 19, 1881 at the age of 24. Stockley shot and killed his former boss in a dispute over the man's daughter.

Investigators have yet to determine the cause of death of 42-year-old Nikko C. Gambino, an inmate of the Genesee County Jail, who died Friday after being transported to UMMC.

Gambino was reportedly going through withdrawals from drugs and suffered various other medical issues, according to Sheriff Gary Maha.

Medical examiners have yet to determine the cause of death and are conducting an autopsy.

Gambino most recently made news locally after he was caught allegedly smuggling drugs into the jail. In that case, the search warrant was executed at UMMC, where Gambino reportedly had to pass the drugs before they could be recovered.

At the time, the Covington resident was serving an intermittent jail sentence for impersonating a federal law enforcement officer.

In a press release, Maha said Gambino was being closely monitored by corrections officers and medical personnel because of his health issues.

On Friday, at 2:12 p.m., a corrections officer spoke with Gambino who reportedly motioned he was OK. At 2:26 p.m., an officer making his rounds "noticed that Mr. Gambino wasn't doing well," Maha said.

The officer summoned assistance and another corrections officer administered CPR.

Gambino was transported to UMMC by Mercy EMS. He was pronounced dead at the hospital at 3:05 p.m.

As required by regulations, the NYS Commission of Corrections was notified immediately of Gambino's death. The commission will conduct its own investigation, as required by law.

There is no sign of foul play, Maha said.

An arbitration panel will consider the positions of both the City of Batavia and Police Benevolent Association today after PBA members rejected a tentative contract negotiated by union leaders and city officials.

The 30-member union rejected the proposed contract negotiated by its leadership with city officials that included a 2.25 percent annual pay increase retroactive to 2007.

The proposed contract would have ran through March 2013.

Sources told WBTA that the contract included some health benefit concessions.

"Both parties worked hard to come to an agreement and I think we both thought it was OK," said City Manager Jason Molino.  "It’s unfortunate it wasn’t accepted."

Molino could not confirm the details of the rejected agreement.

We left a message asking for comment from PBA president Dan Coffey at his work number yesterday and haven't heard back from him yet.

An arbitration panel will consider police officers' pay in comparably sized communities, the positions of members and the city, as well as a community's ability to pay.

Molino said this is likely the first time a police contract has come before an arbitration panel since the state passed a property tax cap.

The cap could greatly impact a municipality's ability to adjust its budget to absorb union contract costs, but it's unclear if the cap will be an issue in this case.

"You would think the panel would consider it, but each arbitration is different and each panel is different," Molino said. 

The arbitration panel meeting is held in secret. It could be months before a decision is announced.

Under terms of the Taylor Law, when police and fire unions are unable to reach an agreement with government agencies, the dispute must be decided by an arbitration panel. Other government unions do not enjoy automatic arbitration and must reach a negotiated agreement.

Members of the Local Drug Enforcement Task Force have reportedly seized about $3,000 in cocaine after executing a search warrant against two individuals suspected of dealing drugs.

Taken into custody and jailed without bail were Edward J. Fuller (aka "Taz"), 21, of Parsells Street, Rochester, and Alex S. Dumbleton, 18, of Washington Avenue, Batavia.

Both are charged with two counts of criminal possession of a controlled substance, 3rd.

Task Force members executed the search warrant late Tuesday night by initiating a traffic stop on a vehicle occupied by Fuller and Dumbleton. The stop was made on Ellicott Street.

A search was conducted of the car and of a residence on Jackson Street.

The pair were allegedly found in possession of more than an ounce of cocaine with a street value in excess of $3,000.

Assisting in the arrest were the District Attorney's Office, Batavia police officers and Sheriff's deputies.

Photos: Top, Fuller; bottom, Dumbleton.

Press release:

Missing: Ronald Murray, 16 years of age.

Ronald Murray left his residence on July 5th, 2011.  There is no reason to believe that there are any criminal circumstances regarding his missing status. The Batavia Police are asking for assistance in locating Ronald Murray to confirm his well being. If seen, or a person has knowledge of his location, please call police dispatch 345-6350 to report.

CPR (Computer and Phone Repair) is now open for business and co-owner Rich Clark said he wants people to know the new shop will emphasize customer service.

"Our motto is 'pay for what's needed and nothing more,'" Clark said. "We focus on the customer and try to save them as much as we possibly can."

The store opened two weeks ago and Clark and partner Jim Vo hosted a grand opening over the weekend, but word is already spreading fast about the new shop, Clark said.

“We want people to feel like they're getting more than what they're paying for," Clark said. "We stand behind all of our work. Don’t forget we were once on the other side of the desk and understand how it is to be the consumer. We understand that our customers may not know as much as we do, so we want them to feel comfortable and not as if they're being belittled or taken advantage of.”

A Batavia native, Clark has years of experience in computer repair, including stints at other local repair shops.

As the name says, CPR does more than repair computers. These days, many phones are just miniature computers and they can be as expensive as some desktops.

“Most people don't know that the cell phone they received when starting their contract can run as much as $700 to replace," Clark said.

CPR is an authorized Dish Network retail outlet and has also partnered with a Rochester-based company to offer website design.

The new shop is located at 216 E. Main St., Batavia, and is open from 9 a.m. to 6 p.m., Monday through Friday and 11 a.m. to 3 p.m. on Saturdays. The store number is 344-7085.

Photo: Rich Clark in his repair shop holding a laptop that has previously been mentioned in The Batavian. In December, 2008, Clark posted a free classified ad about the laptop being stolen. The ad may have led to the return of the computer.

Police requested to the scene of Austin Park where a male who is described as 6' 4" and 220 pound is accused of spitting in the face of a woman.

The two people reportedly had an argument, non-domestic, in the area of the spray park.

It only took one vote to prevent the Batavia City Council on Monday from passing a ban on drinking in public parks. But stopping passage of the ordinance change is only temporary.

The city council will likely vote on the proposed ordinance at its next business meeting in August, and with only three dissenting views on council, it will likely pass.

Rosemary Christian, Kathy Briggs and Sam Barone all cast no votes.

Christian clashed with Council President Marianne Clattenburg over the proposed change in the law as well as a new policy making the parks tobacco-free zones.

Christian, a smoker, objects to the policy change on smoking in public parks without the creation of designated smoking areas.

Twice Clattenburg gavelled down Christian as she argued over the smoking policy.

The policy isn't a law. Legally people can still smoke in the parks, but police officers will be instructed to ask smokers not to smoke or to leave if they want to continue smoking.

Signs will be posted informing park patrons that the areas are tobacco-free areas.

As for drinking, Christian is concerned that the change in the ordinance will prohibit the seemingly innocent pastime of a couple enjoying a picnic with beer.

From WBTA:

"You mean to tell me you can't go with your friend or your husband, and have a little picnic...and then you have a beer and you're going to be arrested?" she asked. 

"Do you really think that's going to happen?" Clattenburg asked. "I sure hope not, but what's the point of even passing it?" Christian fired back.

"We have an issue...people loitering and drinking in our parks. That's what we're trying to fix here," Clattenburg said. "It's got nothing to do with you and your honey having a beer on a picnic," she added.

The exchange opened a discussion about how police can't enforce the law against one group of people, or say you can have two beers but not four.

Because we're already in the middle of summer, the bill was being fast-tracked so enforcement could begin immediately, but under state regulations, a fast-track bill requires unanimous approval. Because of the three no votes, the bill is not yet law. The council will vote again -- when a simply majority is all that's needed for passage -- at its August business meeting.

For full coverage from The Batavian's news partner, WBTA, click here.

Genesee Community College will receive a $209,000 grant for its Nursing Workforce Diversity program. The board of trustees learned the good news Monday night when they met at the Batavia campus for the annual election of officers.

The grant is from the U.S. Department of Health and Human Services and will help licensed practical nurses successfully transition to the college's nursing program and eventually become registered nurses. The funding provides mentoring, tutoring, stipends, scholarships and technology support. This is the second Nursing Workforce Diversity grant the college has received.

Trustees reelected Charles R. Ruffino as board chair for the 2011-2012 year; as well as Maureen T. Marshall, vice chair; and Diane D. Torcello, secretary.

Ruffino is a resident of Batavia and a retired New York State Department of Education administrator. Marshall, of Elba, is owner and operator of Elba-based Torrey Farms. Torcello, of Pavilion, is a Bank of Castile branch manager.

The board also approved a resolution authorizing President Stuart Steiner to execute documents for the sale of the lease of the Verizon cell tower located on the Batavia campus. The resolution updates board action from June, and gives the college the opportunity to receive proposals from more than one company.

Sale of the lease would provide at least $176,000 to the college, as well as 50 percent of any revenues generated from the tower. The sale is subject to an environmental review and approval by the Genesee County Legislature, sponsor of the college.

Lastly, trustees approved a series of technical revisions to board policies, such as inclusion of gender-neutral language in policies.

The following projects have been approved for tax abatements for job-creation and retention projects, according to the Genesee County Economic Development Center:

• An $18,000 sales tax exemption has been approved by the GCEDC board for Ken Barrett Chevrolet, 229 W. Main St., Batavia, for expansion of its collision shop. The shop will expand from 7,833 square feet to 15,536 square feet and will cost $635,000. Three new jobs will be created and 10 jobs retained.
• Graham Manufacturing, 20 Florence Ave., is planning an expansion of its finishing (sandblasting and painting) operation. GCEDC has granted a sales tax exemption of $36,818 and a PILOT tax abatement of $89,088. The project will create an estimated 30 new jobs and help retain 278 existing jobs. The $1.8 million expansion will add 10,000 square feet of manufacturing space to the facility.
• Angelica Textile Services, Inc., 1-3 Apollo Drive, will receive a $15,125 mortgage tax exemption to help refinance its current $1.2 million mortgage. The project will help retain 78 jobs in Batavia.
• J&L Feed is planning on converting current greenhouses at 47 West Main St., Corfu, into a project called "The Market," which will create a floral shop, fresh meat and deli market and a general store. An approximately 3,400-square-foot building will be constructed and existing greenhouses will be demolished. J&L will receive a $22,000 property tax exemption, $4,800 sales tax exemption and a $1,250 mortgage tax exemption. An estimated three jobs will be created.

A former Bergen resident who was recently accused of stealing a mailbox from a neighbor is facing a grand larceny charge for allegedly stealing $14,650 from her former employer.

Michele Ann Case, 46, of 1037 Chili Center-Coldwater Road, Rochester, a registered nurse, is accused of submitting inflated mileage claims and fraudulent "call-in" claims that, in effect, diverted $14,650 from her employer.

Case worked for the company, which is not named in the press release, from late 2008 through January 2011. She is accused of filing the inflated claims from January 2009 through January 2011.

Following arraignment in Batavia City Court, Case was released under supervision of Genesee Justice.

The alleged larceny was investigated by Det. Charles F. Dudek, Batavia PD.

In June, Case, who was listed as a resident of North Bergen Road, Bergen, in previous arrest reports, was accused of stealing a mailbox. In comments on The Batavian, Case said she thought the mailbox was unused and was merely recycling it.

Previous stories about Case:

• Police Beat: Woman accused of not waiting for son at bus stop
• Criminal case dismissed, but reason being kept secret
• Bergen woman accused of stealing $35,000 from elderly woman's bank accounts

A vehicle struck a tree, then a house at 15 Holland Ave. in the City of Batavia. There are no injuries reported. City fire responded and is clearing. There is a small amount of structural damage to the porch and a little damage to the vehicle.

A total of 36 tickets were issued to 11 drivers of commercial vehicles during a check point set up on Route 98 near the Thruway entrance on June 23, Batavia Police announced.

Besides the citations, two trucks were taken out of service until necessary repairs could be made.

The city's enforcement effort was funded through a Selective Enforcement Program grant through the Governor's Traffic Safety Committee.

The police department said such enforcement details will continue throughout the summer and fall.

Patrick John Tomai, 30, of Clinton Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Tomai is accused of being involved in a domestic dispute with his wife at 8:38 p.m. Saturday while his children were present.

April Lynn Burke, 30, of Golfshire Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to signal. Burke was stopped at 12:33 a.m. Saturday on Route 33, Town of Batavia, by Deputy Jason Saile.

Stephen Wade Thompson, 34, of West Main Street, Attica, is charged with petit larceny. Thompson is accused of trying to conceal $64.78 in stolen merchandise at Kmart in the box of an air conditioner he had purchased and picked up from layaway.

Ricky Oliver Cooper, 34, of Warsaw Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and no seat belt. Cooper was stopped at 10:33 p.m. Sunday on Sweetland Road, Stafford, by Deputy Matthew Butler.

Andrew Charles Maier, 25, Sumner Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings. Maier was stopped at 2:41 a.m. Monday on Broadway Road, Alexander, by Deputy Howard Carlson.

Workers from a Rochester-based contractor on Bank Street this morning installing traffic sensors for the traffic lights.