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Law and Order: South Swan Street woman accused of criminal contempt and assault

By Billie Owens

Cynthia M. Mack, 52, of South Swan Street, Batavia, is charged with first-degree criminal contempt and third-degree assault. Mack was arrested at about 8 p.m. on Nov. 15 after an incident at a residence on South Swan Street. She allegedly punched a person in the face, causing a laceration. Mack has an order of protection against her. She was arraigned in Batavia City Court and jailed without bail. She was due to return to court on Nov. 18. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Wesley Rissinger.

Christina Elaine Taylor, 38, of South Academy Street, Medina, is charged with driving while intoxicated and speeding -- exceeding 55 mph. She was arrested at 12:50 a.m. on Nov. 21 on Alleghany Road in Alabama following a traffic stop. Taylor was issued appearance tickets and is due in Alabama Town Court on Dec. 18. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Austin Heberlein.

Final citywide leaf collection resumes Monday

By Billie Owens

From the city's Bureau of Maintenance:

City leaf collection will resume on Monday, Nov. 25, and will make one final sweep of the City for leaf collection.

We ask residents take advantage of the current snow thaw this weekend to place leaves in the parkways near the curb line if they want the City to collect leaves.

Please, do not pile leaves around sign posts, trees, fire hydrants or light poles, this prevents the equipment from being able to collect the leaves.

Residents can also bring leaves to the yard waste station on Law Street (Monday through Saturday, 11 a.m. to 5 p.m. until Dec. 14th. The yard waste station is closed Thanksgiving Day.

DEC opens comment period on Ellicott Station site cleanup

By Howard B. Owens

There's some progress to report on the development of Ellicott Station though the finish line for the project isn't yet clearly in sight.

This week, the Department of Environmental  Conservation opened a public comment period for an expedited cleanup of contamination at the Ellicott Station Site, 40-52 Ellicott St., which is part of the Brownfield Cleanup Program. 

The comment period is open through Dec. 20. 

City Manager Martin Moore explained this afternoon that the fact that the DEC has opened an expedited comment period means that the developer, Savarino Companies, has requested permits for the cleanup work, which the DEC states will take place this winter.  

Still pending for Savarino is the final piece of the puzzle of a complex financing plan that includes support from Homes and Community Renewal, a state agency. 

An application for assistance was turned down last year and the application process this year ends in December. It's unclear how long it will take for Savarino to get a response on the application.

"To his credit," Moore said, "he hired a consultant experienced in working with Homes and Community Renewal."

Sam Savarino did not respond to a text message sent to him earlier today asking for an update on the project.

The vast majority of financing for the $17.6 million project will come from private funds, either Savarino's own money or investment by private institutions individuals through the New Markets Tax Credit Program. To be financially viable on a brownfield site in an economically distressed neighborhood, the project needs state assistance and tax abatements through the Genesee County Economic Development Center.

Once completed, Ellicott Station is expected to add 68 full-time equivalent jobs in the community and will include the construction of 99,000 square feet of brewery, restaurant and beer garden, plus a five-story apartment building with 55 apartments and office space.

For previous coverage, click here. For details on the site cleanup and the public comment period, click here (pdf).

Ken Barrett Chevrolet Cadillac celebrates 25 years of sales and service

By Howard B. Owens

In 1994, Ken Barrett and partner Virgil Austin purchased a Chevrolet dealership with seven decades of service to the residents of Genesee County and yesterday, Barrett, along with representatives of General Motors, celebrated the 25th anniversary of Ken Barrett Chevrolet Cadillac.

On hand to present Barrett with the dealership's 25-year awards were Natalie Taylor, Chevrolet zone manager, Dan Oldham, district after-sales manager, and Weston Lee, district sales manager.

Today, Ken Barrett's employs 41 people.

The roots of the dealership go back to Mancuso Motors in the 1920s when the Mancuso family operated the dealership where T.F. Brown's and Mancuso Lanes are now. In the 1960s, the dealership was relocated to West Main Street, the current location of Ken Barrett's, and became Batavia Motors.  

Dave Heinrich Sr. purchased the dealership from the Mancuso family in 1990. Four years later he sold it to Barrett and Austin. Austin passed in 2013 at age 93. Barrett said Austin continued to work up until a few months before he died.

In 2003, Barrett's built a new showroom and over the years expanded its collision center from 4,400 square feet to more than 16,500 square feet, with the most recent upgraded completed in 2011.

Ken Barrett said it's great to hit the 25-year milestone.

"You know, don't use a rearview mirror, so everything is looking forward," Barrett said. "I have absolutely no regrets. There's a lot of unanticipated challenges between the regulations and the pace of change, which we all deal with. I've been very fortunate. I should say, we've been very fortunate that we've been able to have an exceptional staff.

"And by and large, they cared deeply for the customers. They worked well together. There's a real sense of teamwork. And if, heaven forbid, a ball gets dropped, usually somebody else is right there to pick it up."

This year is also the 25th anniversary of the Salvation Army/WBTA/Ken Barrett Toy Drive, which is Dec. 13. Barrett said the dealership has contributed more than $500,000 to local organizations and charities over the years.

"We are firm believers in supporting the community that supports us," Barrett said.

BHS Soccer player signs with Division I university in Florida

By Howard B. Owens

Katie Moore, a standout with Batavia High School's soccer team, signed a Division I scholarship offer this week with Jacksonville University in Florida.

Photo: Steve Moore, Katie Moore, Melissa Moore, William Buckenmeyer, Roger Hume, and Chris Chilano.

Submitted photo.

Notre Dame students perform musical 'You're a Good Man, Charlie Brown' on Friday and Saturday

By Billie Owens

Students at Notre Dame High School will perform "You're a Good Man, Charlie Brown" in the auditorium at 7:30 p.m. on Friday, Nov. 22, and at 12:30 and 7:30 p.m. on Saturday, Nov. 23.

Tickets available at the door for $8 each.

The high school is located at 73 Union St. in the City of Batavia.

"You're a Good Man, Charlie Brown" is a 1967 musical comedy based on the characters of the beloved comic strip "Peanuts" by Charles M. Schulz.

Joseph Condoluci is Notre Dame's Instrumental / Vocal Music teacher.

Here's the Notre Dame cast list:

  • Charlie Brown -- Owen Mileham
  • Snoopy -- Grace Mileham
  • Lucy -- Judah MacDonald
  • Linus -- Amanda Bergman
  • Schroeder -- Nathaneal Brew
  • Sally -- Lily Gaylord
  • Ensemble -- Justice YorkowskMarylin KruppaAmanda Doan

Photos by Howard Owens.

This Saturday: St. James church in Batavia holds pie and soup sale, plus basket raffles and a 50/50

By Billie Owens

Press release:

St. James Episcopal Church announces its Pie Sale/Basket Raffle will be held this Saturday, Nov. 23, from 10 a.m. until 2 p.m. at the church, 405 E. Main St., Batavia.

Admission is free.

Known for the wonderful desserts served at Lenten Fish Fries, the bakers of the parish have been busy in the church kitchen making apple and pumpkin pies for next week's Thanksgiving holiday.

There are still pies available, so stop in and buy a 9” homemade pie for $9 before they are gone. Hot soups (eat-in or take-out) will also be available for sale.

Raffles include a 50/50 and more than 60 gift baskets/items, including luggage, a garden wagon, a bench, lottery tree, a “green salad,” handpainted child chair, Oliver’s Candies, Christmas wrappings, and lots more! What a fun way to do some of your holiday shopping!

Tickets will be on sale throughout the event and you need not be present to win.

Dorian Ely, one of the organizers, said, “We hope the community will support this beautiful historic church by stopping by on Saturday, purchasing some raffle tickets, a pie, and maybe even grabbing a cup of hot soup to speed them on their way during this busy holiday season.”

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Batavian displaced due to Liberty Street incident blames police for damage; City says it's not liable

By Mike Pettinella

A longtime Batavia resident is calling upon the City of Batavia to take responsibility for “destroying my home and hindering me mentally and physically” in the aftermath of Monday’s 20-hour standoff at his Liberty Street residence.

“I am a victim of this,” said David Zanghi, 66, who lives in the downstairs apartment at 209 Liberty St. “The only ones who caused damage to my house were the police. They were very non-caring.”

Zanghi was forced to evacuate his downstairs apartment when City Police responded to a domestic disturbance call around 1:18 p.m. Monday.

According to dispatch reports, the caller said an intoxicated male hit a female and was in possession of a sword.

When police arrived, they saw that the male, later identified as Daniel Wolfe, 45, had barricaded himself inside his apartment upstairs and began shooting at officers with a pellet (BB) rifle.

The standoff continued until around 9:30 in the morning on Tuesday, finally coming to an end when Wolfe exited the residence and surrendered to City Police Det. Sgt. Kevin Czora.

During the standoff, City Police were assisted by several other agencies, including the Genesee County Sheriff’s Office; Orleans County SWAT; State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the NYS DEC K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City Fire Department; and Mercy EMS.

Wolfe sustained self-inflicted injuries and was transported for treatment to Strong Memorial Hospital in Rochester. Currently, he is in Genesee County Jail.

While the suspect faces multiple charges, Zanghi, who is on dialysis waiting a kidney transplant and suffers from emotional and physical ailments, now is staying with a relative in the City due to the damage done to his residence.

“They destroyed my house … busted all the windows, my clothes are shot because of the tear gas. I may be able to get the couch fixed. It’s ridiculous what they did to me,” he said.

Zanghi reported that his landlord, Duane Preston, has promised him another apartment in mid-December.

“Duane has been good to me,” he said. “He even gave me my rent check back for the month.”

Zanghi also said that he is upset that no one from the City has contacted him about the possibility of receiving some victim assistance support, and plans to confront City Council and management at the next City Council meeting on Monday (Nov. 25).

City officials, however, did respond to a request from The Batavian for a comment in light of Zanghi’s grievances.

“While the City sympathizes with Mr. Zanghi as an innocent bystander to the events that unfolded Tuesday, November 18th, there is no specific assistance that the City can offer,” Assistant City Manager Rachael J. Tabelski said.

“In any type of emergency response situation there will be unintended consequences, however the city is not liable for the damage. There are many organizations and individuals that volunteer to help residents in need, and I am hopeful Mr. Zanghi will find relief through these individuals and organizations.”

Zanghi said that his sister, Mary Ellen Wilber, who splits her time between New Jersey and Batavia, will represent him at the meeting.

Contacted by phone this afternoon, Wilber said she is “disgusted” over the City’s lack of action despite being contacted numerous times about Wolfe’s violent behavior.

“I will be there to advocate for my brother, who has called police at least seven times over the past year, year and a half, about this guy,” she said. “He’s an alcoholic who has harmed the woman (girlfriend). All those times David called and it’s all for naught.”

Wilber said law enforcement’s actions have “traumatized” her brother, who is on a fixed income and under the care of the VA Medical Center. 

“He had to go to the hospital to get his medicine because all of his pills, along with his clothes and bedding, were contaminated.

“They shot tear gas canisters into David’s downstairs apartment, knowing the guy was upstairs,” she said. “They destroyed his apartment.”

Wilber said she also questions the way the situation was handled and the cost to the City.

“I was told that the police said they were using this as a tactical exercise,” she said. “It should have never gone on this long. They could have used a Taser instead of attacking him with a dog. The cost to the City is going to be very high. They could have done things in a much better way.”

Photos by Howard Owens.

David Zanghi points to a window broken by police actions.

David Zanghi said a CS gas canister apparently exploded in his bedroom. He's pointing to all the medicine on his dresser that the VA had to replace for him. He said he has expensive suits, including a $1,500 tux, that now reek of tear gas and he's not sure they can be properly cleaned.

Photo: Man not seriously hurt after falling while crossing Main Street, Batavia

By Howard B. Owens

An elderly man, with a walker, apparently slipped and fell while trying to cross Main Street by the Old Courthouse and Tim Hortons in Batavia at about 3:20 p.m.

Mercy EMS, city fire, and Batavia PD responded and westbound traffic was tied up for about 20 minutes.

The man was not hit by a car but an officer said he was bleeding from his head. He was transported to UMMC for treatment and evaluation.

STOP-DWI recognizes officers with best record of keeping drunks off the road

By Howard B. Owens

The County's STOP-DWI program today honored the law enforcement officers with the most DWI arrests for the 12 months between June 2018 and July 2019 and the two officers who were the top cops last year were honored again this year.

Officer Mitchell Cowen, Batavia PD, is pictured above on left with Assistant Police Chief Todd Crossett.

Deputy Mathew Clor, center, is pictured with Chief Deputy (Road Patrol) Brian Frieday, left, and Undersheriff Brad Mazur.

The challenge coin each officer receives.

Poster contest winners: Jackson Lundfelt, Ciara Trigilio, Jade Wolff, Grace Shepard, Brooke Jarkiewicz, Zoey Shepard. Shannon Campbell. Oscar Staba, and Taylor Hutton.

Photos: BHS presents Shrek: The Musical this weekend

By Howard B. Owens

Batavia High School's Production Club this weekend presents "Shrek: The Musical."

Tickets are $10 at the door and $8 for students and seniors. They're available in advance for $9 through showtix4u.com.

Showtimes are Friday and Saturday at 7 p.m. and at 2 p.m. on Sunday.

Special election year course: 'American Presidency' starts Jan. 14 at GCC

By Billie Owens

Press release:

The 2020 Presidential Election is already being covered on every radio station, every social media outlet and soon it will take over local television as well. This is predicted to be one of the most contentious and tumultuous elections in recent history.

Campaign commercials, debates, stump speeches, candidates' history, statistics, surveys and predictions will bombard every media outlet in the months to come.

To make sense of it all, Genesee Community College has opened registration for a very special course that is available only during Presidential Election years.

The quadrennial course (i.e., only offered every four years) American Presidency (POS210) is taught by Derek Maxfield, GCC's associate professor of History.

Maxfield has a long and nearly intimate history with past presidents, both through his lengthy teaching tenure, but also through his historical presentation of Ulysses S. Grant, the famous Civil War General and our 18th U.S. president.

The American Presidency covers the historical foundations, theoretical aspects and powers of the presidency. In addition, the learning outcomes of POS210 include:

  • How media and popular culture have influenced the presidency over time;
  • Various models of presidential power and the major issues scholars are investigating;
  • How different presidents have interpreted and exercised political power;
  • The constitutional relationship between the executive and other branches of the government.

Anyone can enroll in this course with no pre-requisites are required. It does not have to be taken as part of a degree program and is an excellent elective for any degree. If seats are available, the course can be audited for free by seniors over the age of 60.

The onsite course begins on Tuesday, Jan. 14, and will be held every Tuesday and Thursday from 11 a.m. 'til 12:20 p.m. at GCC's Batavia Campus.

Anyone interested in this course who is not a current GCC student, is encouraged to contact the College's Admissions team at (585) 345-6800, or via email at admissions@genesee.edu, or apply online at https://www.genesee.edu/courses/nonmatriculated/ to get started.

Defendant in 20-hour standoff appears in court, case continued to Dec. 12

By Howard B. Owens
       Daniel Wolfe

Daniel Wolfe, the man accused of hitting his girlfriend before barricading himself in his apartment on Liberty Street, made a routine follow-up appearance in Batavia City Court this morning.

Wolfe had previously pled not guilty at his initial appearance to charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Today he was represented by public defender Jerry Ader.

Ader preserved his client's right to a felony hearing at a later date, and said his office is still investigating the case so he has no motions to make at this time. He asked that the case be continued in City Court until Dec. 12.

Judge Robert Balbick granted all of Ader's requests.

Wolfe, shackled and in an orange jail jumpsuit, said nothing while standing before Balbick.

Photos: Transgender Day Remembrance observed in Batavia

By Howard B. Owens

About a dozen people turned out Wednesday night for a local observance of Transgender Day of Remembrance.

The event is observed nationally every Nov. 20 but this is the first time a candlelight vigil has been held in Batavia.

Lauren Berger, who organized the event on behalf of Restore Sexual Assault Services, said the holding an event in Batavia was intended to raise awareness, remember transgender people who have been victims of violence, and support GLOW Out and the pride parade held in Batavia this past summer.

"We just wanted to bring that here so that folks come out, see what was going on, possibly get them connected with local efforts and let them know that even when we're out here and that we might be small, we're aware of what's going on," Berger said. "We support folks in our lives who we care about who might be at risk."

Video: Fall Family Fun Night at Batavia Middle School

By Howard B. Owens
Video Sponsor
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By Lisa Ace


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While this location is tucked away, it is also conveniently located at the center of Downtown Batavia, allowing us the freedom to walk to our choice of awesome restaurants and shops. We have enjoyed a front row seat to the summer concerts in Jackson Square as well as Oktoberfest festivities as well! 

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While we are sad to leave, we look forward to seeing another business have the opportunity to thrive here like we have. Come and check it out!

Subject of 20-hour standoff on Liberty Street facing at least five criminal charges

By Howard B. Owens

         Daniel Wolfe

Press release:

On Monday, Nov. 18 at approximately 1:18 p.m., the Genesee County Dispatch Center received a domestic call at 209 Liberty St.

The caller reported that an intoxicated male struck a female and the male was in possession of a sword. It was also reported that the female was able to escape the residence.

Officers from the Batavia Police Department arrived on scene and encountered the male, who had barricaded himself inside the residence. The female was located and found safe at a neighbor’s home.

The suspect, who remained inside the house, began shooting at officers with a BB rifle.

Immediately, the Batavia Police Department set up a perimeter around the residence and neighbors were told to shelter in place. The Batavia City School District was informed of the incident so appropriate measures could be taken to ensure the safety of the students, including students attending the Jackson Primary School, located a few blocks away.

Batavia Police negotiators were called to the scene along with the Batavia Police Emergency Response Team (ERT), the New York State Police, and the Genesee County Sheriff’s Office / K-9 Unit and the New York State Department of Environmental Conservation K-9 Unit.

Negotiators were able to make verbal contact with the suspect who was identified as Daniel Wolfe, 45, who resided at 209 Liberty St. in the upstairs apartment. Wolfe repeatedly told negotiators that he wanted officers to kill him. He refused officers' commands to come out of the house.  

The Genesee County Sheriff’s K-9 handler attempted to send "Frankie" inside to safely take Wolfe into custody. Wolfe then attempted to slash Frankie with a knife, and the handler pulled Frankie back to safety.

Wolfe continued to tell officers throughout the incident that he wanted officers to kill him, and he threatened to shoot officers.

Several options were tried to get Wolfe to surrender that included the launching of chemical agents into the residence and the use of robots/drones to determine where he was in the residence. Other negotiating and swat teams were called in to assist.

After approximately 20 hours, Wolfe exited the residence and surrendered to Detective Sargent Kevin Czora of the Batavia Police Department.

Wolfe was transported to Strong Memorial Hospital for injuries he sustained during the incident. These injuries were self-inflicted. All officers on the scene and civilians in the neighborhood were unharmed during this incident.

Wolfe was later released from Strong hospital, at which time he was arrested by Batavia Police Department on charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Wolfe was arraigned in Batavia City Court on Nov. 19 and is being held without bail at the Genesee County Jail.  He will reappear in Batavia City Court at 11 a.m. tomorrow (Nov. 21). Additional charges are pending.

The Batavia Police Department would like to thank: the Genesee County Sheriff’s Office; Orleans County SWAT; New York State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the New York State Department of Environmental Conservation K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City of Batavia Fire Department; Mercy EMS; and the numerous citizens who supported the efforts, both on the scene and in the days following this incident.

Photos: Top photo: still from the video shot yesterday of Wolfe and Det. Kevin Czora and an unidentified plainclothes State Trooper slowly walking Wolfe from the apartment where he had been barricaded to a waiting ambulance. Bottom photo, still from a previously unreleased portion of the video where Wolfe turned to look down the street, and pulled back slightly, as Czora and the trooper tried to coax him into the ambulance.

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