batavia

A "large herd of pigs" is reportedly approaching the roadway on Bank Street Road in Elba, just north of Batavia Elba Townline Road. A Sheriff's deputy is dispatched to check it out.

UPDATE 1:01 p.m.: An officers asks how far north of Townline Road was the herd seen, and is told the swine were closer to Starowitz Road.

UPDATE 1:05 p.m.: "You can show me clear, unable to locate," says the deputy.

A fire gutted a home at 162 State St., Batavia, this morning, claiming the lives of three cats and a dog.

The residents were not home at the time of the fire, which was reported by multiple callers to emergency dispatch at about 8 a.m. The residents arrived on scene shortly before 11 a.m., Chief Stefano Napolitano said.

An off-duty firefighter, according to the chief, was passing by the residence and spotted the flames. He stopped and was informed a person might still be inside the residence, so he attempted to gain entry to the house and was beaten back by flame and smoke.

Firefighters arrived on scene and quickly knocked down the flames, which had already consumed much of the interior of the house, and made a first and secondary search of the residence and found no people inside.

No firefighters were injured.

The cause and origin of the fire are still under investigation.

Press release:

Community Action of Orleans and Genesee in Batavia is holding a free coat giveaway on Wednesday, Nov. 18, from 10:30 a.m. to 2 p.m. in the parking lot of our office at 5073 Clinton Street Road in Batavia.

New and like new coats will be available for children and adults of all sizes. 

We are also accepting new and like new coats for donation with no broken buttons or zippers. To donate or if you have questions please contact Lisa or David at Community Action at (585) 343-7798. 

COVID-19 mask wearing, and social distancing guidelines will be strictly adhered to at this event. Currently, we are unable to reserve coats for individuals prior to the event. 

The mission of Community Action is to provide services, with dignity and respect that help people become self-sufficient.

A working structure fire is reported at 162 State St. in the city; unknown if occupied. City fire dispatched.

UPDATE 8:08 a.m.: It's gone to a second alarm. Alexander Fire Department's FAST team is called to provide mutual aid, along with Elba. Town of Batavia is called to stand by in their stations. Mercy medics are dispatched to the scene. The location is between North Street and Park Avenue.

UPDATE 8:23 a.m.: Town of Batavia's Engine #24 is called to the scene. Responders are told to approach via Richmond Avenue.

UPDATE 8:25 a.m.: Alexander is unable to secure manpower for its FAST Team; instead they are asked to bring the team assembled to stand by in city fire headquarters. Alexander's Engine #7 is en route. In the meantime, Town of Batavia's Engine #25 is asked to stand by in city fire headquarters.

UPDATE 8:29 a.m.: East Pembroke Fire Department is called to stand by in their quarters for Town of Batavia fire.

UPDATE 8:34 a.m.: Command reports fire is under control. Command asked that the city's Department of Public Works be instructed to shut off water at the road at the fire scene. National Grid is to be notified to turn power off.

UPDATE 8:39 a.m.: Alexander's Engine #7 is at city fire headquarters.

UPDATE 9 a.m.: No one was home when the fire broke out and firefighters have had no contact yet with residents and/or property owners. A cat was brought out alive but it's condition is not known at this time. The cause of the fire is under investigation.

UPDATE 9:16 a.m.: Mutual aid companies are put back in service. Mercy medics left awhile ago. 

The men and women who have served the United States in military service were honored by local veterans today, Veterans Day, in services at the County Park, the VA Hospital, the State Veterans Home, and the Upton Monument.  

These photos are from the ceremony at the St. Jerome's War Memorial.

Below: A video submitted by UMMC of Dan Ireland, the hospital's CEO, delivering a Veterans Day message.

Previously: Barn fire reported on East Road in Batavia

NEW LISTING! 5497 Ford Road, Elba. Great opportunity to purchase a project home and finish it off to your liking! All the elements are there -- vinyl sided, solid attached garage some work already in process...Situated on a half acre lot in the Elba School System and within minutes of the Thruway! Great location! Winter project waiting for you! Call Lynn Bezon today at Reliant Reliant Real Estate. Click here for more information on this listing.

NEW LISTING! 6484 Route 262, Byron. Very bright, 2 bedroom, 2 full bath mobile situated on a pretty half acre lot -- set back in where most don't notice! Home is 1064 square feet and has very spacious rooms. Bedrooms are at opposite ends from one another for privacy and master bedroom has private bath. There is laundry located at back entranceway and space for people to kick off shoes and coats before walking in to kitchen! There is a front porch and a large rear deck where you will spend most of your time enjoying the sun and the peaceful views. Roof and tankless hot water tank approximately 6 years old. There is also a decent size shed on property. Needs a little elbow work but when done it will be a great private home to enjoy but still close to store, hotel, pizzeria, park and school! Click here for more information on this listing.

Jamie A. Dutton is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Aug. 25 Dutton, while outside the city water filtration plant at 480 Lehigh Ave., intended to cause the death of a person, and tried to do so by stabbing the intended victim with a knife. In count two, Dutton is accused of first-degree assault, a Class B violent felony, for allegedly causing serious physical injury to a person by means of a dangerous instrument -- a knife. In count three, Dutton is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly knowingly possessing a dangerous knife. In Special Information filed by District Attorney Lawrence Friedman, Dutton is accused of having been convicted by criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. That conviction forms the basis for count three of the current indictment.

Devon A. Wright is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on March 2 Wright knowingly unlawfully entered the Valero Gas Station / Convenience Store on West Main Street in Batavia with the intent to commit a crime inside. In count two, Wright is accused of third-degree assault, a Class A misdemeanor, for allegedly entering the gas station that day with the intent to cause physical injury to another person. In count three, Wright is accused of fourth-degree criminal mischief, A Class A misdemeanor, for allegedly entering the gas station and intentionally damaging another person's property -- vaping oil and snack donuts. In count four, Wright is accused of resisting arrest, a Class A misdemeanor, for allegedly preventing or attempting to prevent a police officer from arresting him on March 12 on Central Avenue in the City of Batavia. In count five, he is accused of obstructing governmental administration, a Class A misdemeanor, for allegedly intentionally obstructing, impairing or perverting the administration of law March 12 on Central Avenue by means of intimidation, physical force or an unlawful act. In count six, Wright is accused of first-degree attempted assault, a Class C violent felony, for allegedly intentionally trying to cause serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on April 8 on Highland Park in Batavia In counts seven and eight, Wright is accused of two more counts of fourth-degree criminal mischief for allegedly intentionally damaging the property of another person on April 21 at the Batavia Police Department -- a spit hood, and a drop ceiling, respectively. In count nine, Wright is again accused of resisting arrest, on April 21 on Holland Avenue in the City of Batavia. In count 11, Wright is accused of second-degree harassment. It is alleged in count 11 that on April 21 on West Main Street that he subjected a Batavia police officer to physical contact or threatened to do so by saying "I got something for you bro." In count 12, Wright is accused of criminal sexual act in the second degree, a Class D violent felony. It is alleged in count 12 that on Nov. 26, that in the area of Montclair Avenue in the City of Batavia, that he -- being age 18 or older -- engaged in oral sexual conduct with a person under the age of 15. In count 13, Wright is accused of endangering the welfare of child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 -- the child who is the subject of count 12, who is 13 years old. In count 14, Wright is again accused of resisting arrest on Nov. 29 at the Batavia Police Department. In count 15, the defendant is again accused of obstructing governmental administration on April 29 at the Batavia Police Department.

Nateeka M. Gibson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Feb. 15 that she knowingly entered a building -- a residence on Washington Avenue in the City of Batavia --unlawfully with the intent to commit a crime. In count two, Gibson is accused of third-degree robbery for allegedly forcibly stealing cash from a resident. In count three, Gibson is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing cash from a resident. In count four, the defendant is accused of second-degree harassment, for allegedly striking a person or subjecting a person to physical contact or threatening to do so. In count five, Gibson is accused of another count of second-degree burglary, for allegedly knowingly entering the same building unlawfully on Oct. 3 with the intent to commit a crime. In count six, Gibson is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count six that she knew a person was to be called as a witness in a legal proceeding and she attempted to get the person to avoid testifying. In count seven, Gibson is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying an order of protection issued Feb. 21 by Batavia City Court. It is alleged this was done Oct. 3 on Washington Avenue. In count eight, Gibson is accused of second-degree criminal contempt, again for allegedly entering a building unlawfully on Washington Avenue on Oct. 4. In count nine, Gibson is accused of criminal contempt in the second degree for allegedly intentionally disobeying a court order of protection on Washington Avenue on Oct. 4.

Luis A. Ramos-Mercado is indicted for the crime of second-degree menacing, a Class A misdemeanor. It is alleged that on Jan. 30, 2019, on East Main Street in the City of Batavia, that Ramos-Mercado intentionally placed a person in reasonable fear of physical injury, serious physical injury or death, or attempted to do so, by displaying a dangerous instrument -- a knife. In count two, Ramos-Mercado is accused of first-degree attempted burglary, a Class C violent felony. It is alleged in count two that the defendant on the same day knowingly attempted to enter a dwelling on East Main Street with the intent to commit a crime and did so when using or threatening to use a dangerous instrument -- a knife. In count three, Ramos-Mercado is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that the defendant on that day possessed a dangerous instrument -- a knife -- intending to use it against a person. In count four, the defendant is accused of second-degree assault, a Class D violent felony.  It is alleged in count four that Ramos-Mercado, on June 6 on Ellicott Avenue in the City of Batavia, in the course of commiting a felony, caused physical injury to the same victim. In count five, he is accused of second-degree strangulation, a Class D violent felony, during the June 6 incident on Ellicott Avenue. In count six, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count six that on June 6th he acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 years old. In count seven, the defendant is accused of first-degree burglary, a Class B violent felony, for allegedly intentionally entering a dwelling June 6 to commit a crime and causing physical injury to the same victim. In count eight, he is accused of criminal contempt in the first degree, a Class E felony, for intentionally violating an order of protection by allegedly harassing, annoying, threatening or alarming the same victim and subjecting the victim to physical contact. In count nine, Ramos-Mercado is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing property from the victim that had a value exceeding $1,000. In count 10, he is accused of second-degree attempted assault, a Class E felony, for allegedly intentionally causing serious physical injury to the victim. In Special Information filed by District Attorney Lawrence Friedman, Ramos-Mercado is accused of having been convicted of the crime of falsifying business records in the first degree, a Class E felony. The conviction on Sept. 12, 2019 forms the basis for count three of the current indictment.

Isaac C. Floyd Jr. is indicted for the crime of criminal possession of a weapon in the third degree, a Class D violent felony. It is alleged that on July 26 on State Street in the City of Batavia that Floyd possessed a dangerous instrument with the intent to use it against another -- a folding pocket knife. In count two, Floyd is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that Floyd intentionally placed a person in reasonable fear of physical injury, serious physical injury or death or attempted to do so by displaying a dangerous instrument -- a pocket folding knife. In count three, Floyd is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Floyd intentionally obstructed or impaired the administration of law or a public servant from performing an official function, or tried to do so, by means of intimidation, physical force or an unlawful act. In Special Information filed by District Attorney Lawrence Friedman, Floyd is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 30, 2008 in City of Batavia Court. That conviction forms the basis for count one of the current indictment.

Jeffrey M. Johnson is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on April 29 on North Spruce Street in the City of Batavia that Johnson possessed a dangerous instrument -- a knife, with the intent of using it against a person. In count two, Johnson is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day, he intentionally placed a victim in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, he is accused of criminal obstruction of breathing or blood circulation, by applying pressure that day to the neck or throat of the victim. In count four, Johnson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to by injurious to the physical, mental or moral welfare of a child less than 17 years old. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of the crime of possession of contraband in prison in the second degree, a Class A misdemeanor. That conviction forms the basis for count one of the current indictment.

Laytefa A. Franklin is indicted for the crime of endangering the welfare of an incompetent or physically disabled person in the first degree, a Class E felony. It is alleged that on Jan. 4 Franklin knowingly acted in a manner likely to  be injurious to the physical, mental or moral welfare of a person who was unable to care for themselves. In count two, Franklin is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count two that on Jan. 4 Franklin intentionally blocked the nose or mouth of a person who was unable to care for themselves.

Arielle S. Bevel is indicted for the crime of aggravated driving while ability impaired by drugs, as a Class E felony. It is alleged that on Feb. 10 on Route 33 in Bergen that Bevel drove a 2019 Nissan while her ability to do so was impaired by drug use and while she had a child age 15 or less in the vehicle.

Matthew I. Diers is indicted for the crime of failure to register, a Class D felony. It is alleged that in March, as a convicted sex offender, he failed to register with the NYS Division of Criminal Justice Services any change of address, internet accounts, internet access providers, etc. In this case, it is an email account. In Special Information filed by District Attorney Lawrence Friedman, Diers is accused of having been convicted of failure to register, as a Class E felony, on Aug. 28, 2018.

Joey A. Evans is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Dec. 3, 2017 in the City of Batavia that Evans stole a shotgun -- a Remington 870 shotgun.

Amanda A. Howard is indicted for the crime of criminal possession of stolen property in the fourth degree, Class E felony. It is alleged that on Sept. 1, 2019, while at an RV resort in Byron, Howard knowingly possessed stolen property -- a credit card belonging to another person. In count two, Howard is accused of the same crime -- possessing a credit card belonging to a second victim.

A worker apparently severed a two-inch gas line at 556 E. Main St. in the city, the site of an affordable apartment construction site this afternoon. It caused a gas leak that required from seven to 10 businesses and residences to be evacuated.

Chief Stefano Napolitano said National Fuel crews are working to seal off the pipe on both the east and west ends of the line. It was a two-inch line inside of an older four-inch line. Napolitano didn't have an estimate for when the gas will be shut off.  

Thirty minutes ago, the odor of natural gas was still strong in the air and you could hear the hissing of the leak.

The roadway is partially blocked.

UPDATE 2:24 p.m.: City assignment back in service.

Two local reporters, including The Batavian's Mike Pettinella, detected unusual odors at City Hall this evening just as Monday's City Council meeting was about to start.

The reporters alerted the firefighters in the hallway who were there to check the temperatures of people entering the meeting and the firefighters agreed the odors were suspicous.

City fire was dispatched for the smell of natural gas.

Capt. Bob Fix said firefighters determined the odors were a combination burning leaves nearby and a cleaning solution being used in the adjacent dental office. There was no natural gas detected in City Centre by meters used to detect the gas.

Photos by Mike Pettinella.

A pedestrian who was struck while crossing East Main Street on Friday night has been identified by Batavia PD as 45-year-old Casey Nutting, of Batavia.

Nutting, according to witnesses, was running across the street, about 50 yards east of Liberty Street, from south to north when he was struck by a minivan.

The driver of the minivan, whose identity has not been released, has not been charged and police said no charges are anticipated.

Previously: Car vs. pedestrian accident reported in the city at East Main and Summit

Jason Ray Anderson, 39, of Batavia (no address provided), is charged with petit larceny, possession of burglar tools, and endangering the welfare of a child. Anderson was arrested on Nov. 7 after allegedly stealing items from Kohl's department store on Veterans Memorial Drive. He is accused of fleeing the scene on a bicycle while having a 6-year-old child flee with him on a separate bicycle. He was issued a ticket to be in Batavia Town Court on Dec. 3. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Jacob Gauthier.

Shawn Philip Wolcott, 38, of South Main Street Road, Batavia, is charged with second-degree menacing and criminal possession of a weapon in the fourth degree. On Nov. 7 at 1:19 p.m. on South Main Street Road, Wolcott was arrested after allegedly possessing a curved knife blade and menacing a victim, causing fear of physical injury. He was held in Genesee County jail until his arraignment at 7 p.m. The case was handled by Batavia Police Officer Jacob Gauthier.

Salvatore Paul Scarlata, 36, of Ladue Road, Sweden, is charged with disobeying a court mandate. He was arrested Nov. 5 on an arrest warrant for second-degree criminal contempt. It is alleged that at 11:55 a.m. on Oct. 10 on Main Road in Stafford that Scarlata violated an order of protection. The defendant is accused of fleeing the scene before responding patrols arrived, and an arrest warrant was issued. He was arraigned then given a return date of Nov. 12 for Stafford Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Tyler John Griffin, 20, of Amherst, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI -- first offense; moving from lane unsafely; and speed not reasonable and prudent. Griffin was arrested following a rollover acccident on East Road in the Town of Bethany at 12:06 a.m. on Nov. 7. Griffin was issued an appearance ticket and is due in Town of Bethany Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy David Moore.

Lawrence Donnell Williams Sr., 60, of Ross Street, Batavia, is charged with criminal possession of a forged instrument in the second degree, a Class D felony. On Oct. 6, the Genesee County Sheriff's Office received a report of a counterfeit $100 bill at a store on Veterans Memorial Drive. Following an investigation, it is alleged that Williams knowingly presented the money as if it were real U.S. currency to pay for a transaction at the store at 12:12 p.m. on Oct. 4. He was arrested, arraigned virtually in Genesee County Court, then released on his own recognizance. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Sheriff's Investigator Kevin Forsyth.

Katherine Jeanne Briggs, 41, of South Main Street, Batavia is charged with criminal possession of stolen property in the fifth degree and possession of switched license plates. At 12:49 p.m. on Nov. 6, a Genesee County Sheriff's patrol car equipped with a license plate reader received an alert of a stolen license plate. The status of the suspected stolen plate was allegedly confirmed through a registration check and the motor vehicle was stopped on Route 33 in the Town of Stafford. Briggs was identified as the operator of the vehicle. She was transported to Genesee County jail for processing and photographs and released with a ticket to appear in Stafford Town Court on Dec. 2. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Robert Henning.

Benjamin Gobe Evans IV, 32, of Federal Drive, Batavia, is charged with third-degree criminal trespass. At 4:35 p.m. on Nov. 6 on Federal Drive, Evans was arrested after allegedly going to a gas station where he is no longer allowed. He was released with a ticket to be in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Nicholas Chamoun.

Joey Aaron Evans, 30, of State Street, Batavia, is charged with third-degree criminal trespass. At 4:35 p.m. on Nov. 6 on Park Road, Batavia, Evans was arrested after allegedly going to the Citgo gas station where he is no longer allowed. He was released with a ticket to be in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kyle Krzemien.

A caller to dispatch says a neighbor at an apartment on Chestnut Street in the city intentionally locked cats out of the house, leaving them stranded on the roof. A police officer is responding.

UPDATE 1:39 p.m.: The Chestnut Street resident was home when a police officer and an animal control officer arrived. The resident, who has two cats, says one of them likes to go out on the roof over a room on the first floor. That's why the screenless window is left open on sunny, pleasant days such as this so the feline can survey all and bask in sunlight. The cat can mosey back inside at any point. One of the officers asked the resident if they could bring the cat inside since someone has concerns about it and the resident acquiesced.