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Police Beat: Accident investigation in Bethany leads to DWI arrest

By Howard B. Owens

Shauna L. McDonough, 39, 504 West Center St., Beech Haven, N.J. is charged with DWI, aggravated driving with a BAC of .18 or greater and unlicensed operation. Sheriff's deputies responded to a report of a single-car accident on Route 63 off Fargo Road. The car was reportedly well off the roadway. Sgt. Greg Walker investigated the accident and determined that McDonough was traveling at an unsafe speed and was allegedly driving drunk.

A 17-year-old girl from Batavia has been charged with petit larceny. She allegedly stole from her employer, Kmart.

Tammy J. Alexyn, 34, of 48 Longs Lane, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and driving left of the pavement markings. Alexyn was stopped on Brown Road in the Town of Batavia by Deputy Jason Saile at 1:34 a.m. today.

Kristy L. Sherman, 23, of Bloomfield, has been charged by State Police with harassment. The alleged harassment took place in Le Roy Dec. 18 at 8:31 p.m. No further information available.

Accident reported on Bank Street Road

By Howard B. Owens

An accident with injuries has been reported at Bank Street Road and Batavia-Elba Townline Road.

Mercy EMS and Elba Fire have been dispatched.

Man allegedly attacked girlfriend in car and at Batavia police station

By Howard B. Owens

An Oak Street resident is accused of assaulting his girlfriend both in her car and later at the Batavia Police station, where she had gone to report the first alleged attack.

Michael P. Gattuso, 28, of 108 Oak St., upper, was jailed on $1,000 bail after being charged with assault in the 3rd degree and criminal mischief in the 4th degree.

Gattuso is accused of punching out the windshield of his girlfriend's car, hitting her in the head and then following her into the police station after she drove there to report the crime. Once inside the police station, while his girlfriend was on the phone with Genesee County dispatchers, Gattuso reportedly started punching her in the head again.

The alleged attack occurred at 5:50 p.m. yesterday.

Several police officers responded to the station and took Gattuso into custody.

Thruway accident in Pembroke that killed mother of two still under investigation

By Howard B. Owens

Was a truck driver using a laptop computer in his cab prior to striking a disabled vehicle on the Thruway on Dec. 12?

State Police are using computer forensics to try and answer that question.

The driver of the disabled vehicle, Julie I. Stratton, 33, of Snyder, was killed in the accident.

The Buffalo News reports:

State Police want to know why the operator of the tractor-trailer wasn’t able to avoid Stratton’s car, which was disabled in a collision with a deer a few minutes earlier, when several other vehicles were able to swerve around her.

The News also confirms that Stratton placed a call to 911 prior to the truck striking her car.

Person sought following report of shots fired in Batavia

By Howard B. Owens

Police responded to a report of shots fired in the City of Batavia at 10:30 last night and say that a car was struck by the bullets.

Investigators reportedly have identified a person of interest in the case.

There were no injuries reported.

Area law enforcement agencies have been notified to be on the look out for the person of interest and warned that the person may be armed.

UPDATE 8:54 a.m.: Police have released additional information about the case.

The car that was shot at was occupied by two 18-year-old men. They reported being followed by what appeared to be a pickup truck on Tracy Avenue.

In an attempt to get away from the pickup truck, the driver pulled into a driveway. It was then that a person in the truck fired at the car. The driver plowed through a snow bank to try and get away.

Neither occupant was struck, but the car was damaged. Police are examining the car in an attempt to recover any evidence.

Batavia Police are planning at press conference at 11 a.m. to answer media questions and release any new information, if available.

Boy sustains head injury after being struck by car on Washington Avenue

By Howard B. Owens

A 13-year-old boy apparently ran out in front of a car near the intersection of Washington and Tracy avenues in Batavia yesterday evening and was hit by the vehicle.

He was taken by Mercy Flight to Children's Hospital in Buffalo with a head injury.

The boy is identified as James N. Difalco, of 41 S. Main St., Batavia.

The accident was reported at 6:38 p.m.

No charges have been filed against the driver, but the investigation is continuing.

UPDATE: Relatives tell WBTA that James is in guarded condition.

Deal of the Day and coverage notes

By Howard B. Owens

No deal of the day today or tomorrow, but we will have one Saturday.

Today will be a normal coverage day. Tomorrow, I may or may not have the scanner on at different times of the day.  If anybody hears about something we should report on, text me or call me. My mobile number is at the bottom of the page.

Adopt-A-Pet: Tess and Lilla

By Billie Owens

Glad to make your acquaintance, I'm Tess. Happy, healthy and housebroken, too. I'm an adult female, black Labrador retriever/mix. I'm a people dog, a dog's dog and a children's dog. So I get along nicely with all and I'm considered very friendly and playful. Note the word "very."

I do need some structure to learn good manners to help me watch my Ps and Qs, and I need some leash work. I'm in Kennel 36 hoping for some new BFFs.

I'm sweet but a little skittish. You might be too if you were ambling along and got your paw stuck in a "leg hole trap." My paw has healed up and looks good, but now I'm a little nervous about the world we live in.

I need a comforting family who will give me time to adjust. My name is Lilla and I'm a lovely calico. But technically speaking, I'm an adult, spayed female, domestic-shorthair cat. Cage 62.


Volunteers For Animals
PO Box 1621
Batavia, NY   14021
www.vol4animals.org <http://www.vol4animals.org>

Working in partnership with:
Genesee County Animal Shelter
3841 W. Main Street Road
Batavia, NY   14020
(585)343-6410

Adoption Hours:
Sunday - Friday 1 - 3 pm (closed on Thursdays)
Wednesday 7 - 9 pm
Saturday 11 - 1 pm

A dozen people accused of entering illegally picked up on Bank Street this morning

By Howard B. Owens

A traffic stop by State Police on Bank Street near College Road about 7:30 this morning led to the detention of 12 individuals who may have entered the country illegally.

All 12 are from Mexico, according Mike Gilhooly, spokesman for Immigration Control Enforcement.

Ten of the individuals were turned over to the U.S. District Attorney for criminal prosecution, one suspect is already awaiting a court hearing on a previous charge of entering the country illegally and the 12th was a minor who was turned over to the Office of Refugee Resettlement for processing.

One of the group had previously been deported, Gilhooly said.

The names of the individuals were not immediately available.

The driver of the white van was not picked up by immigration, Gilhooly said. He referred us back to State Police for information on that person and we are awaiting an answer to our e-mail on that subject.

Thank you to a reader tip for bringing this item to our attention.

Today's Deals: Great Kutz for men, The Color Salon for women, and more

By Howard B. Owens

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Men, enjoy a $5 haircut again with this offer exclusive to The Batavian. (gift card can be applied toward other services, but not products).

The Enchanted Florist, 202 E. Main St., Batavia, NY: Now in stock: A big selection of poinsettias and stunning wreaths. We have a $20 gift certificate for $9.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

Concert at Batavia High raises more than $2,800 for sick student

By Daniel Crofts

Batavia High School students Casey Herman, left, and Maryssa Peirick practice the flute for "Musical Interludes for Trey." BHS' holiday concert was held to benefit Trey Filbert, a ninth-grader battling brain cancer.

If you were to ask any members of the BHS community about Trey Filbert, they would all probably tell you the same kind of things. Here are some comments, just to give you an idea:

"There's not a mean bone in his body," Freshman Nick Mungillo said.

"Trey's a dedicated athlete and a very sensitive and caring person," said Buddy Brasky, Trey's basketball coach. "He's a hard worker, is dependable and truly cares about each member of his team."

"His peers regard him as a kind, generous, fun young man," Principal Christopher Dailey said.

"Many of my students know him," Band Director Jane Haggett said. "They all talk about his positive attitude. He smiles a lot, is very happy, and has a gift for taking a serious situation and minimizing it."

Naturally, the BHS community responded as soon as the news arrived that Trey had been diagnosed with brain cancer.

"Multiple people came forward to help his family," Dailey said.

The largest-scale effort to help Trey and his family took place in the auditorium on Monday. The school's holiday concert was dedicated to Trey and helped raise money for his medical bills and treatment. Donations were collected at the doors, and a basket of goods donated by the Michael Napoleone Memorial Foundation was raffled off.

Pictured Paul Spiotta -- aka "the voice of the Batavia Blue Devils" -- was the concert's master of ceremonies.

Two major catalysts led to this event: a chicken barbeque fundraiser for Trey that took place last month and - less expectedly - the performance of flutist Megan Richardson in the Batavia Rotary Club's production of "Cinderella!" Richardson's music inspired Haggett to consider working with her on an arts-based fundraiser.

Richardson playing Francis Poulenc's "Sonate (1st Movement)" at Monday's concert.

"I heard her play and I thought, 'wow, we should really do a concert for a cause,'" Haggett said. "Then I got the e-mail about the chicken barbeque for Trey, and I knew that this was it."

The night's performances included the following:

 

BHS junior Maryssa Peirick singing "O Holy Night."

 

Batavia City School Distric BOE member Patrick D. Burk singing "Home," a song from the musical "The Wiz."

The cast of the Batavia Players' production of "You're a Good Man Charlie Brown," singing "Happiness" (Spiotta said the actors "unanimously agreed" to perform at the concert when they heard it was being done for Trey).

BHS alumnus Valerie Stevens singing "Defying Gravity," from the musical "Wicked."

The "BHS Blue Belles" -- left to right: Sarah DiBacco, Catherine McAllister, Catherine Taylor, Melzie Case and Emily Pahuta -- sang various Christmas carols.

The BHS Jazz Band, conducted by Haggett.

The entire BHS music department was involved in this event, but the spirit of generosity permeating the concert was not limited to them. Trey's classmates - aka the Freshman Class -- recently raised money for him via "Rays for Trey" (see Daily News article at http://tinyurl.com/yfzaamu).

Toward the end of the concert, four ninth-graders presented the final collection of paper suns, each signed by a BHS student, to Trey and his family (who of course had front-row seats) while happily disclosing the amount of money raised.

Haggett, who worked with the Freshman class on the chicken barbeque, applauded the students' hard work on Trey's behalf.

"I personally am very proud of this class and of how they came together for one of their own," she said.

"Any young man who has to go what Trey is going through, deserves [this type of support]," Brasky said. "His family is in need and the BHS family has come through for them."

Principal Dailey agreed.

"Batavia High is a special place where we take care of our own," he said. "I have never worked in such a positive, caring environment."

Before inviting attendees to the cafeteria for refreshments, Haggett identified this demonstration of community spirit as one of the reasonsshe loves Batavia."

"People here really do come together...and they love the arts," the band director said, adding "...Trey, we're all thinking about you, and we hope you got that impression tonight."

The benefit concert raised more than $2,851.

Traffic light malfunction at Jackson and Ellicott

By Howard B. Owens

Use caution when traveling through the intersection of Jackson and Ellicott streets. A police officer reports both northbound green lights are out on Jackson.

Repair crews are being summoned.

Police Beat: Man accused of stealing video games from roommate

By Howard B. Owens

Brandon C. Dodd, 23, of 128 1/2 State St., Batavia, is charged with petit larceny. Dodd is accused of stealing two video games from his roommate and selling them for cash at a local video game store.

Edwin Morales, 52, of 11293 Ridge Road, Medina, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morales was stopped on Route 63 in Alabama after Deputy C.J. Minuto observed Morales's vehicle allegedly cross the center double yellow line.

Kenneth W. Bater, 18, of 7795 Creamery Road, Bergen, is charged with DWI, consumption of alcohol in a vehicle and driving with a BAC of .08 or greater. Bater was arrested after Deputy Frank Bordonaro responded to a report of a suspicious vehicle at the side of the road on Creamery Road in Bergen. A passenger in the car, Kenneth E. Hale, 18, of 6101 North Lake Road, Bergen, was also charged with consumption of alcohol in a motor vehicle.

UPDATE The following is additional information on an accident we reported previously, and we just received the information from the State Police:

Steven M. Smith, 21, of Batavia, is charged with DWI and aggravated DWI. Smith reportedly hit two parked cars in the area of the old 84 Lumber store on Ellicott Street at 12:58 p.m., Sunday.

Alexander teacher accused of forcibly touching a student

By Howard B. Owens

An Alexander Central School District teacher has been accused of conducting an inappropriate relationship with a student.

He's been charged with three misdemeanor counts, which are official misconduct, endangering the welfare of a child and forcible touching.

Sheriff's investigators say they found mobile phone data and phone records linking Mark R. Hamilton, 49, of 8011 Caswell Road, Stafford, with the alleged inappropriate relationship with the student.

Sheriff's Office Youth Officer C.M. Erion obtained data from Verizon Wireless as part of his investigation, which was assisted by Western New York Regional Computer Forensics Laboratory in Buffalo.

Hamilton, a graduate of Geneseo State College, was hired in 2000 by the Alexander Central School District as an elementary school teacher. While the Sheriff's Office press release lists him as a high school teacher, the district's Web site indicates he was most recently a science teacher in the middle school. He coached Batavia girls basketball from at least 2000 until 2008. WBTA reports he's been on adminisrative leave for a month.

Weather Watch: Chance of snow continuing into afternoon

By Howard B. Owens

We should expect at least some more snow today with highs in the mid-20s.  The chance of snow hovers at around 30 percent.

Tomorrow should warm to 34 degrees and we might see some sun.

The prediction of freezing ran on Christmas has been changed to just rain with a high of 38 and a 70-percent chance of precipitation.

The whole community welcome at T.F. Brown's for Christmas

By Howard B. Owens

Yesterday I stopped in Tenney Cleaners and spotted a print out of our story about T.F. Brown's annual community Christmas dinner on the bulletin board -- what a great way to help get the word out about this great event.

The whole community is invited, and Rick Mancuso wants to make sure that everybody knows, especially those members of the community who might otherwise spend Christmas alone or can't afford a full Christmas meal with all the trimmings.

Meal times are Noon and 1 p.m. and reservations are recommended. To make reservations call 343-2091 (ask for Joanne) by 11 a.m. on Dec. 24.

Parents and grand parents bringing children should make a special point to make a reservation. Children 16 and under will receive a Christmas present.

Everything is free and all are welcome.

Top Items on Batavia's List

AVAILABLE NOVEMBER 1ST CITY OF BATAVIA 4-5 bedroom Duplex apartment with 1 Bedroom, Living room, laundry room, dining room, bathroom, and small kitchen on first floor. 4 bedrooms 2nd floor. Newly painted. Some new carpet. Basement storage. 1/2 garage use for storage/ not parking. Large yard. $1,100/month includes trash pickup, Refrigerator, Gas Stove. You pay gas, electric, water. No dogs. Good references required with background check. Pathstone approved. Near ARC. Mike 585-993-4002
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AVAILABLE NOVEMBER 1ST CITY OF BATAVIA 4-5 bedroom Duplex apartment with 1 Bedroom, Living room, laundry room, dining room, bathroom, and small kitchen on first floor. 4 bedrooms 2nd floor. Newly painted. Some new carpet. Basement storage. 1/2 garage use for storage/ not parking. Large yard. $1,100/month includes trash pickup, Refrigerator, Gas Stove. You pay gas, electric, water. No dogs. Good references required with background check. Pathstone approved. Near ARC. Mike 585-993-4002
Tags: Rentals

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