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It isn't just headstones Michael Tomaszewski is suspected of not delivering to cemeteries but bodies, too, including the remains of a stillborn baby.

Chief Deputy Joseph Graff, Sheriff's Office, said that investigators are looking into multiple incidences of mishandling remains at Tomaszewski's facilities on West Main Street Road, Batavia.

Graff wouldn't elaborate other than to confirm the investigation into the remains of a baby and a veteran.

The investigation into remains being stored at the Michael S. Tomaszewski Funeral Home & Cremation Chapel, and possibly at Tomaszewski's adjoining properties, began in January 2019.

That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018.

Ronda Grabowski said she wasn't notified of Vandetta's death immediately, but became suspicious after reviewing his death certificate.

She contacted Coroner McIntire and asked him to find out where her stepfather's body was buried.

McIntire found the death certificate and discovered Vandetta's passing was one of his cases, so he tried contacting the Bath (NY) National Cemetary, where Vandetta was supposed to be interred, to find out if he was buried there. McIntyre said he made a few calls, each time being told there was no record of Peter Vandetta at the cemetery.

He followed up with Tomaszewski and McIntire said the funeral director assured him he had taken Vandetta's remains to Bath and he could provide him with the grave coordinates.

After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. But, when pressed, Tomaszewski couldn't do it, he said.

At that point, McIntire turned the investigation over to the Genesee County Sheriff's Office.

A short time later, McIntire received a call from an investigator and was told that the remains of an adult male at been located in the garage at the Tomaszewski funeral home.

McIntire ordered the remains delivered to the Monroe County Medical Examiner's office for positive identification. That ME's office did confirm the remains were Vandetta's.

Grabowski told 13WHAM, The Batavian's news partner, that she confronted Tomaszewski about the situation. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed.

After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. Vandetta is now interred at Bath National Cemetary.

Asked for his thoughts on the case, McIntire, himself a military veteran, said, "You know, I can’t even tell you what my thoughts are. I don’t even understand. I don't know. I hope the system works and we’re able to find out what happened and what went wrong."

Graff said there has been an active investigation into the Vandetta case since January 2019, and he also confirmed that the Sheriff's Office has been contacted about the possible inappropriate handling of other human remains. Graff declined to say how many complaints there might be but did confirm that one involves a stillborn baby.  

District Attorney Lawrence Friedman said he has been aware of the investigation but has not been handed a case yet by the Sheriff's Office so couldn't comment further on possible charges.

Chief deputy Graff also said he and other investigators were kept busy fielding calls from more possible victims of Tomaszewski.

On Thursday, the Sheriff's Office announced the arrest of the funeral director on about 200 charges involving the alleged misuse of prepaid funeral arrangement funds and Tomaszewski's possible failure to purchase headstones and gravesites as paid for and promised to clients.

It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited.

Earlier this year, Tomaszewski and his company, Acme Holdings of N.Y. Inc., filed for Chapter 11 bankruptcy. He lists $1,094,346 in assets against $3,242,390 in liabilities.

If convicted, Tomaszewski will certainly be ordered to pay restitution to victims. Restitution cannot be discharged, like other debts, in bankruptcy court.

Previously: Local funeral director charged with stealing money from customers

In the age of COVID, when many indoor activities are curtailed and we're supposed to keep our distance outside, Debra Webster decided she could use the park-like area behind her business, Dave's Ice Cream, on West Main Street, as a place to give people something to do.

This week, she kicked off a summer concert series featuring Austin Wahl, a guitar performance student at the Eastman School of Music in Rochester.

Webster plans free concerts from 6:30 to 8 p.m. on Thursday nights during the summer.

A middle-aged man has been run over by a tactor at a location on Upton Road, Batavia.

He is conscious and alert.

Mercy Flight is on in-air standby.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:33 a.m.: A landing zone is being established for Mercy Fight.

UPDATE 11:36 a.m.: Mercy Flight #7 is on the ground.

UPDATE 11:55 a.m.: East Pembroke assignment is back in service.

Press release:

• Genesee County received three new positive cases of COVID-19.
  • The positive individuals reside in Batavia, Le Roy and Pembroke.
  • One of the positive individuals is less than 20 and two individuals are in their 50s
  • One of the positive individuals was not on mandatory quarantine prior to testing positive.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
     
• Orleans County received one new positive case of COVID-19.
  • The positive individual resides in Albion.
  • The positive individual is in their 50s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Eight new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.

Soon-to-be "former" County Manager Jay Gsell attended his last Legislature meeting in that role on Wednesday and was honored with a commendation from the members of the body.

Gsell retires at the end of the month after 27 years on the job.

Here is the text of commendation:

WHEREAS, Jay A. Gsell has dutifully served Genesee County for twenty-six years and three hundred and sixty-four days as County Manager beginning August 15, 1993, when his appointment became effective; And  

WHEREAS, Immediately upon his appointment, Jay applied his education and vast municipal experience to his position of county manager while immersing himself in the Genesee County community; And

WHEREAS, Jay has brought passion and energy, a positive “can-do” attitude and undying enthusiasm to the County where he served as a beacon during socially, economically, and personally challenging times; And

WHEREAS, Jay maintained a healthy respect for the delicate balance of providing quality affordable services while adhering to ever-expanding state mandates while working for thirty nine different legislators and six different legislative chairs: And

WHEREAS, During his tenure as county manager several magnanimous projects were completed; construction of a new court facility, county-wide water project, upgrades, and enhancements to the County Airport, forty-year sales tax agreement, as well as shared services initiatives, enhanced relationships with businesses and schools to name a few, and

WHEREAS, Through his unwavering commitment to community, Jay has deservedly received awards and recognition for his participation and service from the Chamber of Commerce, GCASA, United Way, HomeCare & Hospice, Rotary Club of Batavia, Leadership Genesee and YMCA, Now, Therefore Be It

RESOLVED, The Genesee County Legislature does hereby pause in its deliberations to honor and congratulate Jay A. Gsell upon the occasion of his retirement and Be it further,

RESOLVED, That heartfelt wishes are extended to Jay and his wife, Ann Marie for a retirement abundant with good health and happiness for many years to come.

Press release:

In recent days, Michael S. Tomaszewski Funeral and Cremation Chapel LLC in Batavia has been accused of pre-need theft. During this unfortunate time, we would like to first and foremost like to extend our sincerest condolences to all those affected.

As a family-owned business since 1900, we consider the opportunity to serve the communities of Genesee County an absolute privilege. Our staff works diligently to provide you and your loved ones with the utmost respect and care and are humbled when we are granted the honor of doing so.

With that said, if you or a loved one held pre-need funeral arrangements with Michael S. Tomaszewski Funeral and Cremation Chapel LLC we want to help! We will assist in possible recovery of funds and can help to determine if you and your family qualify for donation of service from our funeral homes.

As lifelong residents of Genesee County, our family of funeral homes will continue to provide the highest standards for our community and we are dedicated to restoring the dignity your family deserves.

Please don’t hesitate to call – (585) 344-4295. Our lines are open 24/7 and as your neighbors, we’re here to support you through this difficult time. lease, allow us to earn your trust.

Sincerely,
Justin D. Calarco-Smith, Joshua J. Smith, Steven L. Johnson, Randy W. McIntire, James F. Smith
The Bohm-Calarco-Smith, H.E. Turner & Co. Inc., and Burdett & Sanford Family

Local funeral director Michael S. Tomaszewski, 48, is being charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services.

He has been arrested following an investigation by the Genesee County Sheriff's Office.

The Sheriff's Office opened an investigation into Tomaszewski after a client of the Office of the Aging received a complaint from a customer of the Michael S. Tomaszewski Funeral Home & Cremation Chapel. The client expressed concern regarding a deposit made for prepaid funeral arrangements. 

The investigation led authorities to conclude that Tomaszewski had received prepayments from 91 customers for which trust accounts were never opened.  

Reached this afternoon, Tomaszewski declined to comment.

When a funeral director receives prepayment for funeral services, the director is required under NYS law to place the money in a trust account within 10 days.  

Investigators believe no such accounts were ever opened. 

Additionally, Tomaszewski is accused of receiving payment for two headstones, and gravesites that were never purchased.

The deposits ranged from $350 to $15,500. It's alleged that Tomaszewski's customers sustained a total loss of approximately $525,000.

In February, Tomaszewski filed for bankruptcy under Chapter 11 in Federal Court.

Tomaszewski is charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny 4th, and three counts of petit larceny.

He is also charged with five counts of falsifying business records in the first degree. He is accused of creating fake business documents reflecting nonexistent account information for trust accounts.

The longtime funeral director, who also owns the Dibble Family Center, is also accused of knowingly sending fake documentation to the Department of Social Services and is charged with offering a false instrument for filing in the first degree.

There are also two counts of scheme to defraud filed against Tomaszewski. He is accused of engaging in a scheme constituting a systematic course of conduct with intent to defraud at least 10 people by making false promises to obtain money. He is also accused of defrauding a vulnerable elderly person as defined by state law.

Today, Tomaszewski was arraigned in Genesee County Court by Judge Charles Zambito via Skype. He was released on his own recognizance and is scheduled to appear in Batavia Town Court at 10 a.m., Sept. 17.

The investigation is ongoing and further charges are expected, according to the Sheriff's Office. Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

In his personal bankruptcy, Tomaszewski lists $409,896 in assets, including a home on Edgewood Drive valued at $396,549. He claims to owe $1,570,682 to 25 creditors, including more than $25,000 to the IRS along with back taxes owed to the State of New York.

Tomaszewski is the owner of Acme Holdings of NY Inc. Acme owns the building that houses his funeral home, and adjacent property, including the Dibble Center. Acme has also filed for bankruptcy. In the Acme bankruptcy filing, Tomaszewski lists $684,450 in assets and $1,671,708 in debts.

Press release:

• Genesee County received one new positive case of COVID-19.
  • The positive individual resides in Batavia.
  • The positive individual is in their 20s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Three of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Seventeen new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
• Orleans County received zero new positive cases of COVID-19.
  • Zero of the previous community positive cases has recovered and has been released from mandatory isolation.
  • Eleven new individuals are on precautionary quarantine due to travel from restricted states.
  • Two of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.    

Batavia PD Assistant Chief Chris Camp walks on North Lyon Street with a K9 officer from Monroe County who was assisting Batavia PD this afternoon in a search in the area of Montclair Avenue and Vernon Avenue in an effort to find any items related to the shooting last night at Days Inn.

A shirt that may be connected to the incident was located in the backyard of a residence in the area.

Camp said the search effort is part of the ongoing investigation.

The suspect, Jacob Sponaugle, 21, of Montclair Avenue, is charged with attempted murder.  The victim, whose name has not been released, is in stable condition at Strong Memorial Hospital.

Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

For more on the case, click here.

One person was transported to Strong Memorial Hospital following a two-vehicle T-bone accident at about 10:20 a.m. on Bank Street Road at Batavia Elba Town Line Road, Town of Batavia.

According to Trooper Mark Catanzaro, the initial investigation indicates that an eastbound white van failed to stop for a stop sign at the intersection and was struck in the side by a southbound pickup truck.

Two other people sustained minor injuries in the accident and were taken by Mercy EMS to area hospitals. A fourth person was treated and released at the scene.

Names have not yet been released.

(Initial Report)

A Montclair Avenue resident is in custody and charged with attempted murder following a shooting at about 9:30 p.m. last night outside the Days Inn in Batavia.

Jacob Sponaugle, 21, is also charged with assault, 1st, criminal use of a firearm, aggravated criminal possession of a weapon, 2nd, criminal possession of a weapon, 2nd, and criminal sale of a firearm, 3rd.

Police believe Sponaugle was at 200 Oak St., Batavia, to sell another individual a gun.

The victim of the shooting and Spongaugle are said to be acquaintances. 

The name of the victim is not being released by Batavia PD at this time.

After the victim was shot, he walked into the lobby of the Days Inn and a person there called 9-1-1. A police officer who was first on scene provided aid to the victim, who was awake and alert. A short time later, Mercy EMS arrived on scene and transported the victim to the Genesee County Airport. The victim was then flown by Mercy Flight to Strong Memorial Hospital.

Chief Shawn Heubusch said this afternoon that he is listed in stable condition. His injuries are not considered life-threatening. 

During the initial investigation, police officers determined the suspect had fled the scene in a four-door sedan with a female passenger. They searched the area with the assistance of a K-9 patrol.

Officers interviewed witnesses and obtain video surveillance footage.

"With the assistance of key witnesses and the community, the suspect, Jacob J. Sponaugle, was taken into custody at approximately 2:15 a.m. without incident outside of a residence on Montclair Avenue in the City," Batavia PD said in a release this afternoon.

Assisting Batavia in the incident were the Sheriff’s Office, City Fire, State Police, a DEC K-9 patrol, Mercy EMS, the Genesee County Local Drug Task Force, the 911 Emergency Dispatch Center, and the District Attorney’s Office

The investigation is ongoing and Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350, or the confidential tip line at (585) 345-6370.

A van and a pickup have collided at Bank Street Road and Batavia Elba Townline Road in the Town of Batavia.

There are possibly no serious injuries but as a precaution, a responding chief asked dispatchers to check the availability of Mercy Flight.

One person is trapped in a vehicle but is conscious and alert.

Town of Batavia fire and Mercy EMS responding. Elba requested to provide fire police to assist with traffic control.

UPDATE 10:30 a.m.: Mercy Flight requested to the scene.

UPDATE 11:50 a.m.: One person was transported to an area hospital by Mercy Flight; two were taken by ground ambulances to hospitals. One person at the scene was a sign-off. Town of Batavia has cleared the scene. They are opening up the roadway. State Police are investigating the accident.

Press release:

• Genesee County received one new positive case of COVID-19.
  • The positive individual resides in Darien.
  • The positive individual is in their 30s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Nine new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
• Orleans County received zero new positive cases of COVID-19.
  • One of the previous community positive cases has recovered and has been released from mandatory isolation.
  • Nine new individuals are on precautionary quarantine due to travel from restricted states.
  • Two of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.    

Press release:

Today Nate McMurray, the Democratic nominee in the 27th congressional district, held a press conference with supporters on the status of his race and his path to victory in November.

“I am amazed and grateful for the support, and especially blown away by our victory here in Ontario County. On Election Day we were down by 42 points across the district, and now we are down to a mere 5 points, maybe even less,” McMurray said. “Even though Jacobs received significant support from President Trump -- including numerous robocalls, tweets, and a live Town hall the night before Election Night -- even though he outspent us on commercials 10 to 1 and is able to privately fund his campaign, and even though we ran a progressive campaign in the reddest district in New York, Jacobs only won by a small margin.

"All things considered, he should’ve maintained his 42-point lead from election night. Make no mistake, while my opponent has claimed victory time and again prior to tens of thousands of votes being counted, attempting to silence countless voices of people in this district, he knows, and Trump knows, Jacobs is limping into Washington. This is the foreshadowing of our clear path to victory three months from now, when an additional 150,000 or more people will be casting their ballots.

“While Jacobs is about to serve one of the shortest congressional terms ever, the next three months are critical. Now Jacobs must address the critical issues facing our region that he avoided on the campaign trail. Will Jacobs continue to defend President Trump and how he has handled COVID-19? Will Jacobs continue to claim Trump is doing a great job for our region when Western New York has one of the worst job markets in the country? It is our job to hold them both accountable. It is our job to continue to stand against the daily lies being told and to fight for our democracy.

“A critical part of our fight is to ensure that when 150,000 additional people cast their ballot this November, every vote is counted. Due to massive confusion during this Special Election, people struggled to receive their ballots in time to no fault of their own, and as a result, thousands of ballots were thrown away and not counted. This is unacceptable. We must do better.

"It is imperative we make this process simpler, more accessible and more transparent and get county boards of elections the critical resources they need to process a growing number of unprecedented absentee ballots. Trump and Jacobs are already trying to suppress our votes and silence our voices, but we will continue to advocate for truth and to fight like hell for the people of the 27th."

Stacey Foose shared this photo of geese roaming around DeWitt Recreation Area yesterday. She said they were getting close to the playground. She said, "I thought maybe they wanted to go for a slide or try to climb the monkey bars. LOL."

William A. "Billy" Sheron III, of Buffalo, died two days ago at Strong Memorial Hospital after a brief illness.

Sheron was born in Batavia on April 24, 1984, and graduated from Batavia High School in 2002. He became a certified public accountant after earning a bachelor's and master's degree from SUNY Oswego.

According to his obituary, Billy was a compassionate and kind-hearted man who loved his family and friends to no end.

He was an avid golfer, a valued member of The Genny and enjoyed grilling, fantasy football, and the Buffalo Bills. Steaks and chicken wings were his specialties. The animated TV classic "The Simpsons" always kept him laughing, and we can’t forget his love for Kendrick and Ophelia.

Sheriff Sheron declined to comment this morning.

For his full obituary, click here.

CORRECTION: In a previous version, we misstated the name of Billy Sheron's mother. It has been corrected. We regret the error and apologize to Karen M. Maskell and the Sheron family.

Park police have requested the assistance of a state trooper at Darien Lakes State Park to help with a raccoon that won't stop trying to get into a camper's tent at site #17.

Press release:

• Genesee County received one new positive case of COVID-19, for a total of 244 positive cases.
  • The positive individual resides in Batavia.
  • The positive individual is in their 70s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Fifteen new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
• Orleans County received one new positive case of COVID-19, for a total of 272 positive cases.
  • The positive individual resides in Clarendon.
  • The positive individual is in their 80s.
  • The positive individual was not on mandatory quarantine prior to testing positive.

This past weekend, United Travel Baseball's 12U team, based in Genesee County, played in the Lancaster Legends Classic and beat the Clarence Red Devils, 9-3 to claim the Gold Bracket Championship.

The team is comprised of players from Batavia, Alexander, Oakfield, and Pembroke and include: Landen Santini, Austin Humphrey, David Schnaufer, Jayden Bridge, Hayden “Meat” Schroeder, Mason Vigiano, Jaxon DelPriore, Leo Egloff, Mason Wells, Nolan Ball, Kylan Ball, and Anthony Pellegrino.

The Team is coached by Jason Ball, Joey Santini; Statistics -- Mike DelPriore; and Equipment Manager -- Dom DelPriore.