batavia

Brodes J. Gibson, 59, of Bank Street, Batavia, is charged with second-degree assault and criminal possession of a weapon in the third degree. Gibson was arrested on an unrelated incident by Medina PD and later turned over to Batavia PD on a City of Batavia Court arrest warrant. The local charges stem from a domestic incident at 3 a.m. Oct. 20 at a lower apartment on Bank Street in the city. Gibson allegedly stabbed a person with a knife. Following arraignment, he was jailed without bail. He was due back in court on Dec. 23. The case was handled by Batavia Police Officer Stephen Cronmiller.

Christopher A. Sewar, 34, of Liberty Street, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested Dec. 19 after an investigation into an incident at 3:38 p.m. Dec. 19 at an upper apartment on Maple Street in Batavia. It is alleged that he violated a court order and burglarized a residence. He was arraigned in Batavia City Court and put in jail. Bail status not provided. He is due back in court on Jan. 25. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Wesley Rissinger.

Aaron Michael Hatt, 24, of Broadway Road, Alexander, is charged with: operating a motor vehile while impaired by drugs; driving while impaired by a combination of drugs and alcohol; aggravated unlicensed operation in the third degree; unlicensed operation of a motor vehicle; vehicle at a standstill on a public highway. Hatt was arrested at 9:22 a.m. on Dec. 24 on Old Creek Road in Alexander after an investigation of a vehicle parked in the roadway with a male slumped over the wheel. He was issued tickets and is due in Alexander Town Court on Feb. 9. The case was handled by Genesee County Sheriff's Deputy Jacob, assisted by Deputy Ryan DeLong.

Jason W. Wolf, 44, of Maple Street, Batavia, is charged with: insufficient turn signal; consumption of alcohol in a motor vehicle; refusal to take a breath test; aggravated unlicensed operation of a motor vehicle in the first degree; and unlicensed operator. Wolf was arrested at 8:30 p.m. on Dec. 20 on Elm Street in Batavia. The arrest was made after a complaint about an allegedly intoxicated driver on East Main Street. The vehicle was located and a traffic violation was allegedly observed. Wolf was arraigned in Batavia City Court and put in jail. Bail status not provided. He was due to return to city court on Dec. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

All day long sledders of all ages enjoyed being out in Centennial Park. The winter fun and tradition continues. 

Photos by Jim Burns.

Growing up in Batavia in the 1950s provided kids with a lots of opportunities for winter outdoor fun. There were a couple reasons for this: first, there was a lot more snow to play in.

The average temperature in this area has risen almost a degree and a half in the last 50 years and the average low temperature has gone up double that amount. Even though we receive more winter precipitation, a lot of it falls as rain. You can't really build a rainman or have a rainball war.

Secondly, there are a lot more indoor electronic entertainment options now. I'm not gonna go all grumpy old guy (although I sometimes am him) and criticize kids for phones, video games, etc.. It's just a different time.

All Bundled Up

Back then in order to make it through a snowy cold outdoors day, kids had to dress warmly. This involved a lot of bulky clothes and some help from your mother. I have mentioned the movie “A Christmas Story" in my reminiscences before, but if you picture Ralphie's little brother Randy having so many clothes on that his arms wouldn't stay down, that describes us perfectly.

A bittersweet memory for me is that in 1997 my mother had a heart attack. The doctor told us that it was fatal and she only had a short time to live. As I sat trying to comfort her, I asked, “Mom, what's your favorite memory from when we were kids?” She replied, “ I think it has to be you guys (I had two younger brothers) going out to play in the snow.”

Until age 10 I lived on Thomas and Ellicott avenues, so sledding at the State (Street) Park (now known as Centennial Park) was one of our winter activities. It was a pretty short walk there with our wooden Flexible Flyer sleds and we'd stay there all afternoon until our hands were frozen into our mittens.

I recall that over toward the west end of the park hill there was a tree that for some reason had a raised earthen circle around its base. It wasn't that high, but everyone tried to start from it to get a little extra boost in speed.

In 1957 we moved to North Spruce Street and had a lot more yard room to make snow forts and have snowball wars. Also, in the late '50s and through the '60s we got a LOT of snow.

Like most kids then, we did get ice skates for a Christmas present one year. I never did enough skating to be any good at it, but I do remember going to a rink at Williams Park on Pearl Street. One time my friend Charlie's older teenage sister who could drive dropped us off and agreed to be back at a certain time. Well, she was a teenager so she was late. Very late. By the time she got there we were on the verge of crying because our feet were so cold. I think Charlie blistered her ears pretty good as we drove home to thaw out.

On Jan. 15^th 1994 I went to the coldest game in Buffalo Bills' history, a playoff game against the (then) Los Angeles Raiders with a wind chill of -32 degrees. My feet did not get as cold as that day skating in Batavia. Mostly because I was prepared with three pairs of socks and felt-lined boots. Also, because a teenage girl didn't go necking with her boyfriend and leave me there.

When we moved to North Spruce we were the last house on the east side of the street. A couple years later someone began constructing a house on the lot to our north.

Something got delayed and the basement walls were poured, but then it was left open and water got in there. We discovered by climbing down a wooden ladder that there was a sheet of ice there when the water froze. So one winter before it was closed in, we'd go down there and play hockey. Well, hockey as played by several kids who really couldn't skate on a rink about 25-yards long.

Snowball Shenanigans

Snowball wars were usually fun unless you caught one in the face. When we lived on North Spruce Street we used to go to East Main Street and bombard semi-trucks. On the north side of Main between North Spruce and Eastown Plaza there was a hill with apartment buildings on top (I'm not sure how long the hill has been gone, but I only noticed it recently). We'd go up there at night and launch our icy missles at the rear part of the trucks as they lumbered by.

While living on Thomas or Ellicott avenues my younger brother Dan and I used to take hikes out State Street Road to the airport and back. In the cold weather Mom would pack us some sandwiches and a thermos of chicken noodle soup to fortify us on our journey.

One time though snowballs got us in trouble. We got the less-than-brilliant idea to throw them at cars on the New York State Thruway from the State Street Bridge. A State Trooper saw us, turned on his flashing lights, pulled over, and came up the embankment after us. We were too terrified to run (we were probably 9 and 6 years old) and appropriately froze to the spot.

The trooper gave us a good chewing out and told us if he caught us endangering drivers like that again he'd put us in his car and take us to our house. He ordered us to be sure to tell our parents what we had done, but I can't remember if we actually did or not. That might have been one of those cases like climbing the water tower when you told them years later -- when there was no chance of punishment.

Getting the Boot

Another memorable winter incident happened on Cedar Street. My aunts Kate and Peg lived by the sand wash (now DeWitt Recreation Area) and one snowy day my brother and I had been playing somewhere past there by either the Peanut or Lehigh Valley railroad tracks.

On the way home I decided to take us on a shortcut by skirting the icy edge of one of the ponds. Suddenly, my boot sank into the snow and water started coming up around it. I was overcome by fear since us kids had heard that those ponds were hundreds of feet deep. I pulled and tugged, but my booted foot was stuck solidly.

Dan started toward me to help, but I yelled at him to get back fearing the extra weight. I yanked my leg one more time and my leg came free but the boot stayed entrenched in the slush.

I scrambled up the bank onto solid ground (under the snow), but momentarily debated in my mind whether to try to get the boot. I had seriously pictured the ice giving way and me sinking underneath so it wasn't much of a choice. I was getting the heck out of there.

I began running as fast as I could with only a wet sock on my foot through the cold and snow to our aunts' with little brother tagging behind.

As I was running, already my devious kid mind, while glad to be alive, was thinking of a way to get out of trouble. We had been warned many times to stay away from those ponds.

Aunt Kate's face turned white as I came bursting through the door possibly crying (although mostly fake I think) and blurting out a story about how I made a mistake and my boot got stuck in some water and I had to run miles (maybe a quarter of a mile) through the snow in my sock and that I'd never go near there in the winter again, and so on.

I don't think I ever saw Aunt Kate wear anything but what she called a “house dress” and she was certainly not an “outdoorsy” person, but she took Dan and went and retrieved my boot. I don't think I ever asked how, but she lectured me at length about going near the water. I don't think she ratted me out to my parents though.

At some point in the late '50s, not too long after we moved to North Spruce Street, my dad had to have surgery, so at age 11 or 12 I became responsible for shoveling the driveway. As I mentioned earlier, we got a lot of snow those winters and it was a constant battle for a kid to keep that passage cleaned out.

We had not added a garage onto the house yet, so fortunately for me my mom would park close to the street so I wouldn't have to shovel too far. I remember that she would give me the keys to start the car up and I would take breaks in there. We probably had something like a 1956 Pontiac and I'd listen to The Tommy Shannon show on WKBW radio with The Rebels playing “Wild Weekend."

Drifting Away

In the rear of our ranch-style house on North Spruce Street we had a picture window in the living room. I can recall several winters where my brother and I were sent out to shovel the windblown snow away from it so we could see out. Also, I remember drifts in the front that went up almost to the level of the rain gutters.

I would be remiss if I wrote about memories of snow in Batavia without mentioning the blizzards of 1966 (one of my previous stories was about my adventures during that epic event) and 1977. So many Batavians recall being stranded for days, getting groceries by snowmobile, and cars being buried in the piles of snow until spring.

Judging by the large number of former Batavians who have moved to Florida and other Southern environs, not everyone shares my fondness for winter nostalgia. However, I still enjoy the change of seasons in Upstate New York, but will admit that I wouldn't complain if it only snowed on Christmas Eve and Day (which it rarely does). Nonetheless, sometimes in the winter I'll “drift” off to sleep thinking of my kid days in snowy Batavia, New York.

Top photo: Dave Reilly (left) with brothers Jim and Dan 1960.

Middle two color images: Before and after photos of little Dave when a sled ride went bad.

Bottom two photos: Two views of the back of 122 N. Spruce St., Batavia, circa early 1960s.

Photos courtesy of Dave Reilly.

Submitted photos and press release:

The American Legion Auxiliary, Unit #734 of Attica, has been busy with this year’s holiday project “Sweats for Our Vets."  

With the generous donations of the organizations of the Harder O’Donnell Post #734; American Legion Auxiliary, A.V.M.A., American Legion, Sons of the American Legion and the assistance of local Attica business owner, Robert Cusmano of Mugs and More, the project quickly came together.  

A donation of 76 zip-up hooded sweatshirts were given to every patient of the Batavia V.A. Medical Center in their gift bags on Christmas morning. 

Also donated by the Auxiliary, was a 55” television for the Veterans Recreation Room. This donation was made in memory of Auxiliary Past President Leilani Spring, who passed away earlier this year.

We would like to thank Volunteer Services Personnel Cindy Baker and Nicholas LaMarca of the Batavia V.A.M.C. for their assistance with our holiday project “Sweats for Our Vets."

A few members of each organization met on Dec. 8^th at the V.A.M.C. to deliver the sweatshirts and television.

The vets were delighted and surprised!

American Legion Auxiliary Unit #734

Harder O’Donnell Post

83 Market St., Attica

Top photo from left: Auxiliary members -- Tammy Soemann, Barbara Eddy, Kathy Roberts, Kate Kellner; Commander Robert Wood; Adjutant Keith Almeter; and S.A.L. members Ralph Eddy and Mike Almeter.

A pair of birds managed to make it to the seed in suet cake in the Batavia backyard of Jason Smith this morning despite several inches of snow overnight.

Send your snow-related photos to howard@thebatavian.com.

Submitted photo and information from reader Joe Caruso:

My Dad was a resident at the NYS Veterans Home in Batavia and passed in 2017. I have an 11-year-old Granddaughter (top photo left) who donated 20 canvas paintings she spent endless hours painting.

She felt the residents would appreciate having them to display or hang in rooms. Her name is Sofia Falleti and she is a sixth-grade student at Saint Joseph Regional School in Batavia.

Amanda Coggiola submitted these photos of a bald eagle at the Tonawanda Creek off South Main Street Road, Batavia.

She said, "My kids and I saw this eagle at our house this morning. They asked if I could send the pictures to you because we know sometimes you post the pics on your website. Merry Christmas: Amanda, Ben, Lilly, and Jake Coggiola"

Funeral home owner Michael S. Tomaszewski, arrested in July after an investigation that uncovered multiple incidences of potential fraud, was arraigned in Genesee County Court today on more than 200 counts of grand larceny, falsifying business records, offering a false instrument in filing, scheme to defraud, and failure to deposit.

As he did when first arrested and arraigned in Town of Batavia Court, Tomaszewski entered a not guilty plea.

Tomaszewski waived his right to have a grand jury review the evidence against him and potentially issue indictments against him. He was arraigned on what's known as Superior Court Information (SCI) that lays out all the charges in the same form as a grand jury indictment.

It is 101 pages long.

Tomaszewski is accused of taking money people used to prepay for funerals and instead of depositing the money in appreciate bank accounts then using the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include: 67 counts of third-degree grand larceny; 28 counts of fourth-degree grand larceny; four counts of falsifying business records; 93 counts of failure to deposit; seven counts of petit larceny; and counts of offering a false instrument for filing in the first degree; and scheme to defraud.

During the virtual arraignment today, the attorneys discussed the possibility of reaching a plea deal within the next six weeks.

Tomaszewski remains released from custody on his own recognizance. His next scheduled court appearance, which will also be virtual, is 1:30 p.m., Feb. 2.

Alecia Kaus/Video News Service contributed to this report.

Previously:

• Local funeral director charged with stealing money from customers
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains
• People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Tomaszewski charged in case of failure to bury remains of veteran

A 52-year-old Batavia man already previously convicted on child pornography charges has been indicted once again in Federal Court.

Matthew Barber is charged with receipt and possession of child pornography, which carries a minimum mandatory penalty of 15 years in federal prison.

According to the U.S. Attorney's Office of Western New York was previously convicted in 2007 and was sentenced in 2007 to 74 months in federal prison. He was given five years of supervised release but he failed a sex offender treatment program.

Barber reportedly had a job in Batavia. He was dismissed after allegedly placing a USB flash drive into a work computer. He May, he was charged locally with unauthorized use of a computer.

As a condition of his parole, Barber was required to notify NYS Parole if he was terminated from employment. That day, U.S. Probation and NYS Parole searched his residence and seized a cellular phone and a flash drive.

According to the U.S. Attorney's office, investigators found 1,100 images and 40 videos of child pornography on the drive. Several hundred other images and 200 videos were allegedly found on the phone.

Barber was arraigned today in Federal Court. 

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; and the Batavia Police Department, under the direction of Chief Shawn Heubusch.

John Spyropoulos spotted a pair of bald eagles feasting on a deer carcass this morning along the Tonawanda Creek along South Main Street in Batavia. He submitted this photo where you can see one of the eagles at the top of a tree.

Woodrow C. Horseman, 44, no permanent address, is charged with second-degree assault. Batavia Police Officer Peter Post arrested Horseman at 9:03 a.m. Dec. 9 on North Street, Batavia. It is alleged that Horseman struck another male in the face multiple times with his fists, causing serious physical injury to the victim. Horseman was arraigned in Batavia City Court and jailed without bail. He was due back in city court Dec. 17. Post was assisted by Officer Felicia DeGroot in this case.

Alex Scott Dumbleton, 27, of West Main Street, Batavia, is charged with: endangering the welfare of a child; second-degree burglary -- illegal entry into a dwelling; first-degree criminal contempt -- violating an order of protection with physical contact; second-degree criminal contempt -- disobeying a court order; and criminal misdemeanor -- acting with intent to damage property. Dumbleton was arrested on the charges at 1:05 p.m. on Dec. 11 at an apartment on Pearl Street in Batavia. He was arraigned virtually in Batavia City Court and held in jail on unspecified bail. He was due back in city court Dec. 15. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Felicia DeGroot.

Blake R. Terry, 20, of North Spruce Street, Batavia, is charged with third-degree assault. He turned himself in at Batavia PD headquarters during the afternoon of Dec. 14 on an arrest warrant out of Batavia City Court that stemmed from a reported physical altercation Oct. 8 on Bank Street, Batavia. He was arraigned virtually in city court and released on his own recognizance. Terry is due in city court on Feb. 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with second-degree menacing. Lyons was arrested at 2:05 p.m. Dec. 10 at the Kwik Fill at Jackson and Ellicott streets in the city after it was reported that she displayed a knife after an altercation with an employee. She was issued an appearance ticket and is due in Batavia City Court on Feb. 2. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Kevin DeFelice. 

Christopher A. Sewar, 34, of Liberty Street, Batavia, is charged with second-degree criminal contempt. He was arrested after an investigation of an incident that occurred Dec. 4 wherein Sewar allegedly violated an order of protection. He was released on an appearance ticket and is due in Batavia City Court on March 2. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer John Gombos.

Dennis Paul Kiener, 49, of Hagen Avenue, North Tonawanda, is charged with: driving while intoxicated, with a BAC of .08 percent or greater; DWI; moving from lane unsafely; and speed not reasonable and prudent. Kiener was arrested at 3:48 a.m. on Dec. 19 on Sand Hill Road, Tonawanda Indian Reservation, following a single-vehicle accident. He was released on appearance tickets and is due in Alabama Town Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Austin Heberlein.

Terry Michael Roth, 45, of West Main Street, Batavia, is charged with: driving while ability impaired by drugs; moving from lane unsafely; and expired vehicle inspection. He was arrested at 12:52 p.m. on Dec. 19 following an investigation into an accident that occurred at 5:06 p.m. on Oct. 30 on East Main Street in Batavia. Roth was issued uniform traffic tickets and is due in Batavia City Court on Feb. 24. After his arrest, he was released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kenneth Quackenbush.

Craig James Alexander, 48, of Lewiston Road, Alabama, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI; and moving from lane unsafely. Alexander was arrested at about 11 p.m. on Dec. 17 on Albion Road in Oakfield after a single-vehicle accident. He is due in Oakfield Town Court on Jan. 18. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Matthew Metahan Osmancikli, 28, of South Lake Road, Pavilion, is charged with second-degree harassment. He was arrested at 2:45 a.m. on South Lake Road after an alleged physical altercation with another person. He was released with an appearance ticket to be in Pavilion Town Court on Jan. 5. The case was handled by Genesee County Sheriff's Deputy David Moore.

A trio of ladies who have never met before got together yesterday to help spread some holiday cheer at a time when our local “Holiday Man” has been missing in our hearts. 

Bob “The Holiday Man” Zeagler spread much joy, smiles and laughter to many people in about a decade of his festive decorated Jeep Wrangler and clothing attire. He passed away in 2016.

Bob dressed up for every holiday occasion, which he had a different outfit for nearly every month of the year. The group organizers pictured from left above are Courtney Dawson, Jenn Noon and Danielle Nigro. They wanted to brighten the holidays since the past year has been difficult for so many. They want to make it an annual event.

A Facebook group started some discussion to dress up their vehicles “Bob style” to make it fun and entertaining for all.  About a dozen vehicles of parents, kids and families took part in driving around to many streets around Batavia showing off their vehicles in a drive-by mini parade.

Many local businesses helped support the event and after it concluded they were going to meet back at Ficarella’s Pizzeria to pass out prizes for various categories and the kids who participated.

When Bob’s wife, Bridget, was contacted about the event, she was overwhelmed with joy to see it take off. She spoke about how Bob used to travel to Walmart, the Broadway market sharing his joy with many people, and how he loved to make the children smile. She also said how happy he would be to see everyone dress up their vehicles like he did -- Bob style.

Photos by Steve Ognibene.

To view more photos from the event, click here.

Press release:

The staff at The Manor House would like for you to send their seniors holiday cards, who especially need them because of COVID-19 restrictions and not being able to see their families for the holidays.

We want to show them how much the community cares and is thinking of them!

We are also looking for cards for three very special ladies who turn 100, 101 and 102 in January! 

There are boxes for cards and pictures at the front doors of The Manor House at 427 E. Main St. in the city or mail to the attention of Kristin Cronk at that address.

Happy holidays and stay healthy!

A motor-vehicle accident is reported at Lewiston Road and West Main Street, Batavia.

Town of Batavia fire and State Police are on scene.

Mercy EMS dispatched.

At least two vehicles involved and traffic is blocked.

Photos and information from Jason Clark, of St. Paul Lutheran School.

The children at St. Paul Lutheran School have been practicing for their Christmas Program since the beginning of November.

"We have the kindergarten through third-grade students spaced out 12-feet apart in the Sanctuary as the choir, with the fourth- and fifth-grade students on the 'stage' having memorized the lines," says Clark. "We will be videotaping the play during school hours, then sending out a link to the school families and church members to watch the play at home."

The title of this year's play is "The First Leon, Discovering the True Meaning of Christmas." It's a dramatic 35-minute children's musical created by Dennis and Nan Allen in which the Christmas story is told as seen through the eyes of Leon. He's special. See, Leon's name spelled backward is Noel, and since discovering that, he's felt called to tell the world the true meaning of Christmas.

The play is being directed by Jennifer Dunn.

Top photo: Members of the fourth- and fifth-grade class at St. Paul's Lutheran School.

Below: Sam McMillan and Lilly.

Below back row from left: Addison Kilian, Amelia Paratore and Cordelia Rivers. Addison Forsyth is in front.

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Below five photos: members of the choir comprised of the kindergarteners through third-graders.