batavia

A suspected drug dealer allegedly struggled with members of the Local Drug Enforcement Task Force, causing minor injuries to two officers, when they attempted to arrest him Thursday evening on Liberty Street, Batavia.

Taken into custody, following an investigation into the sale, transportation and possession of cocaine in and around Le Roy and Batavia, was 21-year-old Craig A. Tiberio-Shepherd, of Lathrop Avenue, Le Roy.

Once Tiberio-Shepherd was taken into custody, members of the task force along with uniformed deputies and officers from Batavia PD and Le Roy PD, executed search warrants on Tiberio-Shepherd himself and his residence.

Investigators allegedly found a quantity of cocaine, a quantity of Suboxone (a controlled substance), numerous pieces of drug paraphernalia, drug packaging, digital scales and $310.

Following arraignment in Batavia City Court, Tiberio-Shepherd was jailed without bail.

Tiberio-Shepherd was charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, assault, 2nd, and obstructing governmental administration, 2nd. In Le Roy Court, Tiberio-Shepherd was charged with criminal possession of a controlled substance, 7th, and criminal using drug paraphernalia, 2nd.

The injured members of the task force suffered twisted fingers and minor cuts and bruises.

Timothy J. Wood, 28, of 4 N. Spruce St., Batavia, is charged with endangering the welfare of a child. Wood was arrested following an investigation at 7:30 p.m., Thursday, of a 1-year-old baby being left unattended on the front porch of a residence. Wood was jailed on $2,500 bail.

Joshua L. Baltz, 35, of 29 Tracy Ave., Batavia, is charged with criminal obstruction of breathing or blood circulation, criminal mischief, 4th, and harassment, 2nd. Baltz is accused of being involved in a domestic incident on Wednesday. Baltz was jailed on $2,000 bail.

A 16-year-old resident of West Avenue, Medina, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Habibah Tywell Caldwell, 19, of Batavia-Stafford Townline Road, Batavia, is charged with trespass. Caldwell is accused of trespassing at College Village after being banned from the property.

Robert Paul Leiser, 42, of Lockport Road, Oakfield, is charged with criminal contempt, 1st, unlawful imprisonment and harassment, 2nd. Leiser allegedly became involved in a fight with a protected person while in the Town of Batavia. Leiser was jailed on $15,000 bail.

Benjamin Gove Evans, 22, of West Main Street Road, Batavia, is charged with petit larceny. Evans allegedly stole property from Home Depot. Evans was located riding a bicycle on Washington Avenue and taken into custody. He was jailed on $10,000 bail.

Daniel J. Saeva, 31, of 6283 Sweetland Road, Stafford, is charged with harassment, 2nd. Saeva allegedly knocked another person down during an argument on April 10. Saeva turned himself in to Batavia Police after a warrant was issued.

Ricardo Brown, 21, of Cedar Avenue, Mount Vernon, is charged with assault, 2nd. Brown, originally from Jamaica, is a detainee at the Buffalo Federal Detention Facility on Federal Drive, Batavia, where he allegedly got into a fight with another detainee. Brown allegedly kicked the other inmate in the head several times. Brown was arraigned in Batavia Town Court and returned to the detention facility.

Funeral arrangements have been made for Jonathan Colby, 37, who died Wednesday morning in an auto accident on West Main Street Road.

A celebration of life service will be held at the Gilmartin Funeral Home, 329-333 W. Main St., Batavia. Calling hours will be Saturday from 2 to 4 p.m. and 7 to 9 p.m.  There will be no calling hours Easter Sunday.

In lieu of flowers, the family requests that memorials be made to the family for a college fund for his 7-year-old daughter, Aurelia.

Full obituary.

A pole is reportedly on fire on Alexander Road, south of the overpass past the first railroad track on the west side.

It's apparently the same pole that caught on fire at 4 a.m., Wednesday.

Town of Batavia Fire Department responding.

Dozens of homeowners along Route 5 could get a public sewer system if the Town of Batavia receives Community Development Block Grant funds.

The second of two public hearings regarding a proposal for the use of the CDBG money was held Wednesday evening. No one from the public attended.

Now the town will apply for $600,000 in CDBG grants to cover about half the cost of a putting in a public sewer line along a portion of Route 5.

Supervisor Greg Post explained that, “We have a concept plan to provide sanitary sewer facilities along Route 5 -- from the end of the existing district (near Duro-Shed, Inc.) -- that would go west to the mobile home park, which is just past Wortendyke (Road).”

He said residents along that stretch of roadway have septic tanks and most of those need repair or replacement. But that would be a serious financial burden for them.

“There are limits to what New York State will allow people to construct on facilities they have owned for generations,” Post said. “These extraordinary restrictions weren’t in effect when those houses were constructed and it leaves homeowners somewhat out of options as far as improving the value of their homes.”

About 75 residents would benefit from CDBG funds being used to install the proposed public sewer system.

“This differs from some other grant funding to improve the economic vitality or commercialization in a development," Post said. "This is essentially scoped around a residential aspect here. Using the funds this way will greatly improve the quality of their lives.”

When and if a public sewer system is installed, residents will have to connect a line to it within a certain period of time, although Post he didn't know offhand what the time frame was.

For the homeowners, there are several factors to consider, including how much they have invested in their current septic system.

As for how much it might cost residents to be part of a sewer district, Post says it's too soon to tell. The town hasn't yet applied for the grant.

"This is the first of many steps," the supervisor said.

This afternoon a jury returned a verdict of guilty in the trial of Donald F. Stillwagon, 25, of South Main Street, Batavia, who was accused of biting a Batavia Police officer.

Stillwagon was convicted of assault, 2nd, and faces a possible seven-year prison term.

On Sept. 29, Batavia Police responded a reported disturbance at Stillwagon's residence. A man there was reportedly choking another person. When police arrived, they tried to take Stillwagon into custody and a struggle ensued. During the struggle, Stillwagon bit Sgt. John Peck on his forearm.

Peck was cut deeply enough to bleed significantly. He was treated and released at UMMC and missed two days of work.

In order to convict Stillwagon, the jury needed to decide whether the defendant had the intent of harming Peck.

Much of the closing arguments of both Public Defender Gary Horton and District Attorney Lawrence Friedman centered on whether Stillwagon was too intoxicated to form a coherent intention.

"Either Donald Stillwagon is a huge jerk or he had to be intoxicated," Horton said. "You saw Donald Stillwagon as he sat in this courtroom, you saw his demeanor, you saw him testify, can you believe he would have done these things without being intoxicated?"

Friedman argued that Stillwagon, who had apparently been at a local bar drinking prior to the incident, clearly had the presence of mind to form intent because he was able to unlock a deadbolt after his mother had locked it in order to go outside, and when he tried to escape from police, he told a State Trooper, "That's a bad idea."

"He was aware enough to know his plan of escape wasn't working out for him," Friedman said.

Sentencing has been scheduled for June 20.

In March, Stillwagon turned down a plea offer that would have capped his sentence at six-months "shock probation" and opted to take his case to a jury.

The  second driver involved in yesterday's fatal head-on collision on West Main Street Road, Batavia, remains in guarded condition at Strong Memorial Hospital.

Angelo A. Merica III, 27, of Pavilion, was westbound on Route 5 when his car was struck by an eastbound car driven by Jonathan M. Colby, 37, of Tracy Avenue, Batavia. Colby was pronounced dead at the scene.

At Strong, a patient in the intensive care unit (ICU) is listed as as "guarded."

While investigators have determined that Colby's car made a slow, steady drift into the oncoming lane, what hasn't been determined is why Colby's car drifted.

Colby had recently been working overnight shifts at Lowe's and may have been fatigued at the time of the crash.

Colby, a Muckdogs fan and involved in community theater, was married and the father of a 7-year-old girl.

Francisco Martinez Jr., 37, no permanent address, is charged with criminal contempt, 2nd. Martinez was taken into custody by Batavia Police on an arrest warrant issued in City Court after Martinez allegedly violated a "stay away" order of protection. Martinez was jailed on $1,000 bail.

Eric M. Duda, 49, of 6303 Main Road, Stafford, is charged with criminal contempt, 2nd. Duda allegedly violated an order of protection by going to an apartment where the protected person was staying. Duda was jailed on $1,000 bail.

A big, fun Easter Egg Hunt begins at 9 a.m. on Saturday, April 23 at Centennial Park in the City of Batavia.

This annual event -- for children age 10 and under -- is put on by the Batavia Kiwanis.

Centennial Park is located at Ellicott Avenue and Richmond Avenue.

Travis Michael Herold, 20, of Prospect Street, Attica, is charged with felony DWI, felony driving with a BAC of .08 or greater, moving from lane unsafely and consumption of alcohol in a motor vehicle. Herold was taken into custody following the investigation by Deputy Jason Saile into a motor vehicle accident at 2:18 a.m. in the area of 9406 Alexander Road, Batavia.

Jason Jonathan Reed, 34, of South Pearl Street Road, Oakfield, is charged with criminal contempt, 2nd. Reed is accused of violating an order of protection issued in Family Court by making a phone call to the protected party.

Connie Lynn King, 40, of South Main Street, Oakfield, is charged with harassment, 2nd. King is accused of punching, kicking, biting and pulling the hair of her boyfriend during an alleged domestic dispute at 12:45 a.m., Monday.

Dennis F. Walter, 53, of Clipnock Road, Stafford, is charged with two counts of criminal possession of a weapon, 3rd, and one count of criminal possession of a criminal weapon, 4th. Walter was arrested on a warrant out of Bethany Town Court and jailed on $20,000 bail.

Raymond Edmond Allard, 27, of South Main Street, Oakfield, is charged with trespass and harassment, 2nd. Allard allegedly had physical contact with another person and then refused to leave the property when told to do so by the property owner.

A tractor-trailer has reportedly dragged down a live wire from a power pole at a residence at 3766 Batavia-Elba Townline Road. It is in the roadway.

Town of Batavia Fire Department is called to the scene. The location is west of Pekin Road.

UPDATE 3:45 p.m.: National Grid has been notified. No ETA given. The residence is completely without power for now.

UPDATE 3:54 p.m.: National Grid is now on scene to fix the problem.

UPDATE 3:57 p.m.: The Town of Batavia fire units are back in service.

UPDATED 2:40 p.m.

One person was pronounced dead at the scene and another person transported by Mercy Flight to Strong Memorial Hospital following a head-on collision on West Main Street Road, Town of Batavia, just before 7:30 a.m.

The two-car collision occurred about 3/4 of a mile west of Wortendyke Road and about two miles west of another fatal head-on collision two months ago.

Jonathan M. Colby, 37, of Tracy Avenue, Batavia, died as a result of injuries sustained in the accident.

The other driver was Angelo A. Merica III, 27, of Pavilion.

The Sheriff's Office release said for "unknown reasons" Colby's 2007 Dodge, heading eastbound, crossed into the westbound lane and struck Merica's 2000 Pontiac.

Driver fatigue may have been a factor in the crash. 

Deputy Chief Gordon Dibble said witnesses described Colby's vehicle drifting over the center line in a slow movement, rather than a jerk, which is conisistent with somebody falling asleep or some prolonged driver distraction.

Colby's car drifted all the way over to the eastbound lane's fog lines, Dibble said, before it struck Merica's car.

What exactly was going on in Colby's car may remain an open question.

"In the end, those are the things you never know with 100 percent certainty," Dibble said.

The cars appear to have hit squarely head-on at a significant rate of speed. The pavement was wet this morning following an overnight rainstorm.

Merica was transported to Strong and was conscious and alert during an extrication procedure, Sheriff Gary Maha said. The man's leg was pinned in the vehicle.

Colby is originally from Olean, according to his Facebook profile. He was a big Batavia Muckdogs fan who attended most home games and sat in the third-base bleachers. When he was at a game, he had a scorebook in his lap and recorded every pitch.

He studied at the University of Rochester and worked at Lowe's.

His last Facebook status update, posted four hours before the crash from a mobile phone, read, "Overnights really starting to hit me now." Previous posts referenced working a spate of overnight shifts recently.

WBTA's Geoff Redick remembers Colby from his time at Notre Dame High School. ND was phasing out its Latin courses and Colby was brought in as a temporary teacher to instruct the third-level Latin course.

Redick described Colby as "very knowledgable" and "hard working."

"He used to come into teach class on his lunch hour from his job at Skalny Basket," Redick said.

"He was a very nice guy, but goal oriented," Redick recalled. "He could be tough on us at times."

Colby leaves behind a wife and 7-year-old daughter.

East Pembroke Fire responded to the accident along with mutual aid from Town of Batavia and Oakfield fire departments. Mercy EMS sent two ambulances.

The investigation is being conducted by Sgt W.C. Scott of the Sheriff's Office Crash Management Team, Deputy Brian Thompson and Investigator Rodger Stone.

On Feb. 8, 19-year-old Delores Opuku-Boateng, a nursing student at GCC, was killed in a head-on collision on West Main Street Road near County Building #2. Investigators allege that the driver of the car she was in, Levert Kimble, 21, was driving too fast for conditions. Kimble has been charged with reckless driving.

This post will be updated with more information as it becomes available.

(Initial Report)

A head-on collision with serious injuries is reported at 3265 W. Main St. in the Town of Batavia. A responder on scene says one person is unconscious and another person is semiconscious.

Mercy Flight is unavailable. East Pembroke and Town of Batavia fire departments are responding with all available manpower. Two Mercy ambulances are responding.

East Pembroke personnel are shutting down traffic at Route 5 and Hopkins Road. Town of Batavia's crew is shutting down traffic at Wortendyke Road and Route 5.

Oakfield is called to provide extrication equipment.

UPDATE 7:41 a.m.: Mercy Flight in Batavia became available and is launching momentarily to go to the scene.

UPDATE 7:50 a.m.: Mercy Flight is circling and preparing to land in a field of grass northeast of the crash site. Light winds out of the south, the flight crew is told.

UPDATE 7:54 a.m.: Mercy Flight is on the ground. Both patients have been extricated.

UPDATE 8:05 a.m.: A chief reports that a portion of Route 5 will be shut down for at least an hour. One patient is being taken to a hospital via Mercy Flight and the other is going in an ambulance. Hospitals have not been specified. Two flatbed tow trucks are en route.

UPDATE 8:13 a.m.: Sheriff Gary Maha confirmed that one of the crash victims has died and a coroner has been called.

UPDATE 8:28 a.m.: Mercy Flight is going to Strong Memorial Hospital. The next of kin is being notified regarding the death, then the name of the victim will be released.

UPDATE 9:07 a.m.: Route 5 has been reopened. All fire units back in service.

Statement from Tom Allocco, New York Department of Health:

United Memorial Medical Center has properly reported its cases of Clostridium difficile (C. diff) to the State Health Department. The department has been working with United Memorial on the implementation of proper infection-control measures to help reduce the spread of illness. These include proper hand hygiene (simple, but probably the most important control measure), cleaning and disinfecting portions of the facility, and the separation of those who are infected from other patients. The department’s investigation of the outbreak continues. Once the investigation is finalized, the findings will be available. 

Additionally, the state health department has a public report on "Hospital Acquired Infections" that was released in late 2010 and covers data through 2009.

According to the report, in 2009, UMMC performed 28 colon procedures and of those, two patients contracted infections. That puts UMMC's infection rate at 7.1 (a number adjusted to calculate infections per 100 procedures to enable statewide comparisons). New York's infection rate for colon procedures in 2009 was 4.8.  

UMMC's rate of 7.1 is considered within the range of state average.

Strong Memorial's rate for 2009 was 5.5, also within the state average.

In 2008, UMMC's rate was 6.4, the state average was 4.4 and Strong was 4.8

In 2008, Strong performed 327 procedures and there were 16 infections. The following year, Strong performed 317 procedures and there were 17 infections.

Erie County Medical Center performed 86 colon procedures in 2008 and 98 in 2009 with three reported infections in each year. Numbers also fell within the statistical average at Highland Hospital in Rochester, while Women & Children's Hospital of Buffalo reported no infections, with about 50 procedures for each year. (For some reason, the report called W&C's zero-infection rate "statistically insignificant" and didn't give it a "blue star" on its report card).

For hip replacement surgery, UMMC's infection rate in 2008 was 3.1, and 2.5 in 2009. Both numbers fall within the range of the state average of 1.1. In 2008, UMMC performed 81 procedures with three infections and in 2009, 84 procedures with two infections. For the same procedure, Strong performed 50 operations in 2008 and 60 in 2009 with no infections.