batavia

A former Batavia resident now living in Henrietta who was arrested for trying to light a fire in the window of a house on East Avenue entered a guilty plea this morning to attempted burglary in the second degree.

It was a unique plea deal that will make Brian Sprague, 25, eligible for a probationary sentence.

He was originally charged with attempted arson, 2nd, a Class C violent felony, and criminal mischief. But conviction on those charges would not give Judge Robert C. Noonan the option of a probationary sentence, if he found it appropriate.

There is no lesser included offense in attempted arson, 2nd, so under the theory that by breaking a window, Sprague was attempting a burglary, District Attorney Lawrence Friedman offered Sprague the chance to plead guilty to that charge.

However, the facts of the case don't entirely support that charge, so under what's known as an Alford Plea -- where the defendent admits the facts of the case would likely mean a jury conviction if the case went to trial -- Friedman recited the facts of the attempted arson charge.

Sprague then entered a guilty plea to the attempted burglary charge, a Class D violent felony.

Sprague was arrested on the arson charge in September after residents on East Avenue were awakened by the sound of glass breaking. When they came downstairs later, they found gasoline had been poured around the window and through the window.

Sentencing will be at a later date and probation is no guarantee. The probation department will conduct a pre-sentence report for Noonan to review prior to sentencing.

The maximum prison time possible for a Class D violent felony is seven years.

The plea also satisfies a criminal mischief charge in the Town of Batavia.

Somewhere in the neighborhood of a foot of snow fell on Batavia overnight and this morning residents were clearing driveways and sidewalks.

From 13WHAM, The Batavian's news partner, here's a forecast:

Most of the steady snow has now moved west and out of the area. The chance of some scattered snow showers will remain through the day, but not the steady type of snow that we have already experienced. Another inch of snow could fall from any of the snow showers that pass through the rest of today. A Winter Weather Advisory does remains in effect for Genesee and Wyoming counties through 4 a.m. tomorrow. As of earlier this morning, 10 inches of snow had fallen in Warsaw, 4.5 inches in Avon, 6.5 inches near Silver Springs, 10.4 in Wyoming, and 5.5 inches near Dansville.

It will take a while for any melting to begin. Temperatures will remain in the 20s for much of today. Temperatures will rise to about the freezing point for a high tomorrow, but will rise higher, into the 30s and 40s, by this upcoming weekend and early next week.

Top photo: William Palone on East Avenue at Ross Street.

Marilyn Canipe on North Spruce Street.

A bike rider trying to negotiate his way through the snow and slush on North Street.

Kenneth Michael Gray, 23, no permanent address, was arrested on a warrant out of Le Roy by Batavia PD. He was jailed on $1,000 bail. No details provided on the underlying charge.

Joseph Antwan Fletcher, 18, of Liberty Street, Batavia, is charged with criminal contempt. Fletcher was allegedly observed by a Batavia police officer in the company of a person protected from contact by Fletcher by a court order.

James P. Colantonio Jr., 26, of South Main Street, Batavia, is charged with DWI and refusal to submit to chemical test. Colantonio was stopped at 2:12 a.m. Sunday on West Main Street, Batavia, by officer Marc Lawrence.

Daniel S. Kilner, 46, of Redfield Parkway, Batavia, was arrested for an alleged violation of probation. Kilner was located at his residence by the Probation Department and transported to BPD headquarters where he was arrested. Kilner was jailed on $5,000 bail.

Gurpreet Singh Malhi, 41, of Charit Way, Rochester, is charged with DWI and driving with a BAC of .18 or greater. Malhi was stopped at 7:20 p.m. Wednesday on Lake Road, Le Roy, by deputy Matthew Fleming.

A tractor-trailer has jackknifed on Clinton Street Road and hit a utility pole. A second vehicle may be involved. 

The road is blocked. Power is out in the area.

All occupants are out of the vehicles.

The accident is reported in the area of 5106 Clinton Street Road, near Stringham Drive.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 9:41 p.m. (back from the scene): An eastbound tractor-trailer that was fully loaded lost traction on a snowy road and jackknifed. A red pickup truck that was also eastbound became wedged under the trailer. The passenger side of the cab was completely crushed. Fortunately, there was no passenger. The driver had a cut on his hand and a complaint of arm pain. There's no suitable tow trucks available in Genesee County, so trucks are coming from Monroe County. A National Grid crew is also needed to replace the utility pole before the truck can be moved. Route 33 will likely be closed for some time yet.

There is still no clue investigators can point to that offers even a hint of how a fire started in a garage at 12 Adams St., Batavia, on Sunday night.

There was no electricity nor any other source of ignition in the area of the garage where the fire started. There are no marks on the floor to suggest an accelerant was used by an arsonist (though that in itself doesn't rule out a deliberate fire). Interviews with neighbors have failed to produce any leads.

"So far, we can't figure out what started it," said Capt. Craig Williams, Batavia Fire Department. "It may go down as undetermined."

It will be at least a week before the investigation is completed, Williams said. By then, maybe investigators will have solved the mystery.

The three-car garage was owned by 87-year-old Ken Currier, who spent 30 years working as a mechanic and 25 years building houses, said his son Jerry Currier.

"He had everything you need to work on cars and pretty much everything you needed to work on houses and it's all gone," Currier said.

Among the items lost, two big tool boxes, filled with tools, a milling machine, lathe, band saw and compressors.

Currier and his brother own a contracting business, but didn't work out of the garage. They have their own facility on Route 98, although they do regularly park a work truck at the Adams Street residence.

"We pretty much meet there every morning and have coffee with my parents before heading out to the job," Currier said.

The garage was insured, Currier said, and will be replaced with one just like it.

"Thank God we have a good insurance company," he said. "The adjuster was here yesterday from 10:30 a.m. to 6 at night going over everything," Currier said. "The little section that didn't burn was so smoke and heat and water damaged that it's a total loss."

UPDATE, Thursday morning: Yesterday, we couldn't reach Det. Rich Schauf, Batavia PD, who is assisting in the investigation.  Schauf reiterated this is likely to be a fire of an undetermined cause. He said there are numerous accidental possibilities, such as an old battery overheating, so just because the final determination is undetermined doesn't mean it was anything other than accidental.

The process of elimination pretty much rules out a deliberately set fire, he said. The location of the fire would mean that a person would have had to enter the garage, move stuff, start the fire, and then put stuff back. That's an unlikely scenario for anybody who might have a reason to start such a fire. There would be easier and safer ways to start a fire.  

"I would never say it was a set fire," Schauf said. "There are too many other things that could have been accidental in that fire."

Previously: Garage fire reported on Adams Street, Batavia

Three residents of Batavia, including a father and daughter, are being held in Wayne County Jail after being identified as suspected shoplifters at the Walmart in Macedon.

Two of the suspects are charged with petit larceny and accused of stealing HP All-in-One Desktop printers, with a retail value of $350 each.

Macedon police say the suspects match those of people seen on the video stealing the printers.

There were not arrested until this week for the alleged crime Nov. 24.

Justine McWethy, 27, and Christina Deluna, 24, were stopped by a Macedon police officer and when asked for identification, they allegedly provided false names. 

The officer was able to determine their identities and found they were both wanted on several warrants in various jurisdictions. 

Justine's father, 46-year-old Mark McWethy, was later located in Macedon Town Court. He was reportedly waiting for a court appearance at the wrong time.

Justine McWethy is charged with false personation, criminal possession of a hypodermic instrument and petit larceny.

Deluna is charged with false personation and criminal possession of a hypodermic instrument.

Mark Mcwethy is charged with three counts of petit larceny and felony burglary. 

All three are being held pending their next court appearance in Macedon on Dec. 30.

Via The Batavian's news partner, 13WHAM.

The predicted snowfall for this morning didn't really materialize, but it's coming down pretty good right now, with a prediction of up to two inches by 7 p.m.

Here's 60 seconds of what it was looking like at Main and Center a few minutes ago:

Turnovers bedeviled the Lady Blue Devils in their home-game debut for the 2014-15 season as they suffered their first defeat of the campaign, losing to Mendon 54-33.

This is a better team than they they showed Tuesday night with the four returning starters, Essence Williams, Tiara Filbert, Sam Cecere and Madison McCulley.

"We've got a great group of girls," Head Coach Marty Hein said. "They're all returners. We lost one senior. Our bench is stepping into their jobs. We'll be there. It just wasn't a good night tonight."

It was a sloppy first quarter for both Mendon and Batavia, with both teams struggling to retain possession. Batavia (1-1) took a 15-10 lead. But Mendon started to find its rhythm in the second quarter, scoring 18 points and holding Batavia to nine points.

The game became lopsided in the third quarter, with Mendon scoring 15 while the Lady Blue Devils didn't knock down a single field goal and scoring its lone point on a free throw.

Batavia needs to be more aggressive on offense, Hein said, pushing the ball up the court faster on inbounds and transitions.

"When we push the ball, we're a much better team," Hein said. "In the last five minutes, we were looking ahead, running the floor and we did better. It was the same thing in Albion. We waltzed the ball up the floor, and if you're meeting good pressure, you're not getting into your offense. When we're actually running the floor, at least we're getting their defense below the foul line."

Filbert, a junior, remains the team's offensive fire power. She scored 16 points Tuesday and has 25 on the season along with 13 rebounds and nine steals. 

McCully had seven points and Williams had four.

Now, Hein said, the team knows what it needs to work on.

"There's nothing wrong with a loss as long as we learn something from it," Hein said.

To purchase prints of photos, click here.

A service of prayer and remembrance was held tonight at Northgate Free Methodist Church in Batavia, hosted by H.E. Turner Funeral Home.

The annual service is a chance for those who lost loved ones during the year to honor their memories.

A pair of snowy owls have returned to the Genesee County Airport. Jim Burns sent in these photos. Burns said he and other members of the Batavia Photo Club have been out photographing the pair, whom they dubbed George (above) and Martha.

Ryan J. Scopano, 27, of North Spruce Street, Batavia, is charged with grand larceny, 4th. Scopano is accused of removing two guns from a business on West Main Street Road, Batavia, some time in the early winter months of 2013. The owner didn't discover the guns missing until this weekend. Both weapons have been recovered and are in the possession of the Sheriff's Office. The investigation was conducted by Investigator Kristopher Kautz and deputies James Diehl and Joe Loftus.

Dustin L. Stump, 44, of Stafford, is charged with identity theft, 3rd, and grand larceny, 4th. Stump is accused of stealing the debit card of a family member while the person was hospitalized and withdrawing $200 without permission between Oct. 29 and Nov. 1.

Preston S. Daigler, 16, of Batavia-Oakfield Townline Road, Oakfield, is charged with resisting arrest. Daigler was wanted on a warrant out of City Court on an endangering the welfare of a child charge. He was also a reported missing person out of Orleans County. Daigler was located at his residence when the Sheriff's Office attempted to place him under arrest. Daigler jumped from a second-story window and fled into a wooded area behind his residence. Daigler was located about two hours later hiding in a dumpster at a nearby local business. He was treated at UMMC for exposure and then arraigned in Oakfield Town Court. He was jailed on $5,000 bail.

Kevin Michael Lampman, 41, of West Main Street, Batavia, is charged with criminal contempt, 1st, harassment, 2nd, and aggravated family offense. Lampman is accused of trying to bite a woman in the face during an argument. There was allegedly an order of protection in place at the time of the incident. Lampman was jailed on $10,000 cash bail.

Christina AnnMarie Deluna, 34, of Liberty Street, Batavia, is charged with petit larceny. Deluna is accused of stealing $576.72 in merchandise from Walmart. She was located five days later at her residence and issued an appearance ticket.

John Frederick Lightfoot II, 21, of Roslyn Street, Batavia, was arrested on a warrant out of Lancaster for an unlawful possession of marijuana charge.

Anthony Michael Vanille, 55, of Broadway Road, Attica, is charged with driving while ability impaired by alcohol and speed in excess of 55 mph. Vanille was stopped at 8:14 p.m., Saturday.

Michael John Valentino, 48, of Hilltop Court, West Seneca, is charged with DWAI (combined influence of drugs), criminal possession of a stimulant, 4th, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, criminal possession of a weapon, 4th. Valentino was stopped at 2:37 a.m. Sunday on Oak Orchard Road, Batavia, by Deputy Joseph Corona. He was allegedly found in possession of methamphetamine, hydrocodone and marijuana and related paraphernalia. He also allegedly possessed a weapon at the time of his arrest.

A 17-year-old resident of Spring Road, Alexander, is charged with harassment, 2nd. The youth is accused of striking another person at Alexander High School.

Raymond Lundy Kelley, 24, of Ellsworth Avenue, Batavia, is charged with petit larceny. Kelley is accused of shoplifting at Walmart.

Grayson Carl Stock, 22, of Sunset Parkway, Oakfield, is charged with possession of a hypodermic instrument. Stock was allegedly found in possession of a hypodermic instrument while at a location on West Main Street, Batavia.

Jamie Lee Steinhardt, 22, of Sumner Road, Darien, is charged with petit larceny. Steinhardt is accused of shoplifting at Walmart.

Brandon Aaron Barclay, 27, of Big Tree Road, Pavilion, is charged with criminal contempt, 2nd. Barclay allegedly violated an order of protection by having contact with a protected party.

Cassandra Ann Jimenez, 26, of Oliver Street, North Tonawanda, is charged with petit larceny. Jimenez is accused of going through the self-checkout line at Walmart, scanning several but not all of the items in her cart. She then allegedly passed the checkout area with $128.63 in unpaid items in her cart.

Morgan L. Cox Jr., 22, of State Street, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Cox was allegedly involved in a domestic incident in violation of an order of protection.

A 16-year-old resident of West Main Street, Batavia, is charged with criminal diversion of prescription medication, 4th.The youth was allegedly involved in a trade of prescription medication for cigarettes at Batavia High School. Batavia PD withheld the name of the suspect. An unnamed 17-year-old resident of Highland Park, Batavia, was also arrested.

A 17-year-old resident of Williams Street, Batavia, is charged with disorderly conduct. The youth was allegedly involved in a fight at Batavia High School. Batavia PD withheld the name of the suspect.

Amber L. Ostrander, 24, of Morrow Road, Pavilion, was arrested on warrant for alleged failure to appear. Ostrander allegedly failed to appear on a charge stemming from her arrest in August for driving on a suspended license.

Danielle M. Cravatta, 30, of Walden Creek Drive, Batavia, was arrested on a warrant for allegedly issuing a bad check in November, 2013. 

Gregory A. Emerson, 32, of Park Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Emerson was stopped at 1:04 a.m. Friday on Richmond Avenue, Batavia, by Officer Peter Flanagan.

A garage fire is reported at 12 Adams St., Batavia.

City fire is dispatched.

UPDATE 9:14 p.m.: A second call, flames showing.

UPDATE(S)(By Billie) 9:20 p.m.: The garage fire is fully involved. Town of Batavia is requested to provide mutual aid at the scene. Stafford is asked to fill in at city fire headquarters.

UPDATE 9:22 p.m.: Alexander fast team and Elba fire are called in. The location is between Madison and Roosevelt avenues.

UPDATE 9:31 p.m.: There was an explosion. Gasoline is running down the driveway, mixed with water. The fire appears to be nearly knocked down, but there are hot spots remaining.

UPDATE 9:35 p.m.: Mercy medics are called to stage at the scene.

UPDATE 9:40 p.m.: The son of the property owners said his parents were watching TV and saw flames coming from the corner of the garage. After his father came outside, there was an explosion. The cause of the blaze is unknown. The son said there was no electricity in the part of the garage where the fire appears to have started.

UPDATE 9:52 p.m.: The garage contained a 20-gallon container of gasoline, acetylene tanks, and a propane tank. Many tools were also inside, but not the car -- it's in the repair shop.

UPDATE 10:55 p.m.: Streets that were shut down in the area are being reopened. Alexander has been released. Some equipment being picked up.

UPDATE 11:55 p.m.: City crews remain on scene. There's still a strong odor of gasoline on the downhill side of Adams Street. We spoke with Chief Jim Maxwell. He said the cause of the fire is under investigation. There is no indication right now as to how it started. "I don't want to speculate," Maxwell said. "It's under investigation. We'll see where that takes us."

Below is 58 seconds of video from the scene. At this point, firefighters are letting the fuel burn itself out while containing the fire to that one location.

Two cast members of the SyFy Channel's Ghost Hunters "Ghost Asylum," a new show from Destination America, ham it up after filming a take for a segment of the show that will include Batavia.

Crew members couldn't discuss the details of the episode. At least one scene will be from Sweet Pea's Cupcakery Cafe on Jackson Street. I'm under the impression there are other scenes being taped at other locations in the county.

Hundreds of people lined Main Street in Downtown Batavia on Friday night for the Christmas parade that was the highlight of a successful Christmas in the City for 2014.

To purchase prints, click here.

WBTA, Ken Barrett's and the Salvation Army teamed up once again this year for our community's annual toy drive today.

It's the 20th year the toy drive has been hosted at Ken Barrett's with WBTA providing the promotional push to help generate more than two truck loads worth of donations.

Firefighters from the City of Batavia were on hand to help accept donations.

The toys will be delivered by Santa to boys and girls throughout our community, making it a happier Christmas for many.

Firefighter Mike Dorgan and WBTA radio personality Nici Johnson.

WBTA's ad manager Lorne Way and Joan Stevens from the Salvation Army.

Madeleine Rusch, with her painting "Cat Fancy," won Best of Show in the Batavia Society of Artists 2014 Winter Art Show, on display now at the Richmond Memorial Library.

FIrst Place went to Dennis Wood for "Winter Scape," second to Kevin Feary for "Hustled Again," and Feary also got third for "Snow in November."

Honorable mentions went to Karen Crittenden, Rusch, Nicole Tamfer, Bryan Kemp, Lorraine Gluck and Ed Adams.

Beth Kemp snaps a picture of Bryan Kemp with his Honorable Mention award.

Michael Messerly, right, publisher of the Batavia Daily News, attended the event.

Joan D'Alba gets her picture taken under her painting, "Snowy Barn."

Along Main, along Ellicott Street and in the roundabout, city crews have completed installation of new centennial celebration banners.

City workers were busy with tasks Downtown today getting things ready for Christmas in the City tomorrow evening, including making sure the snowflakes on the light poles are ready to illuminate correctly.

Tomorrow's events:

4 to 8 p.m., Photos with Santa
97 Main St.

Lighting of Downtown Christmas Tree, 5 p.m.

Horse and Wagon Rides ($1), 5 to 9 p.m.
Tickets available at Adam Miller Toy and Bicycle, 8 Center St. Proceeds benefit the Business Improvement District.

Trolley Rides to the Wonderland of Trees at the Holland Land Office Museum, 5 to 9 p.m.
Jackson Street Parking Lot (across from Valle Jewelers)
Trolley will continue throughout the night to bring people back and forth to the museum and Jackson Street parking lot. Trolley runs approximately every 15 minutes. The Holland Land Office Museum (HLOM) will be offering free refreshments for the event as well as gift baskets and discount sales in the gift shop.

GO ART!, Frosted Panes exhibit
The Genesee Orleans Regional Arts Council (GO ART!) is pleased to announce its annual holiday show on exhibit through Dec. 19th in Batavia. This year's theme, "Frosted Panes," exhibits 43 pieces by 14 local artists on display in two GO ART Galleries -- the GO ART! Main Gallery in Seymour Place and at the Genesee County Senior Center on Bank Street.
A FREE Meet-the-Artists Reception will be held in conjunction with Batavia's Christmas in the City.

Batavia Concert Band, 6 p.m., City Centre

Holiday Parade, 6:30 p.m.
Parade will take place on Main Street starting at Liberty Street and ending at Jackson Street. More than 40 participants will entertain you with music, floats, singing, a juggler, fire trucks, and more! Santa will choose a child from his "Nice List" to ride with him in the Horse & Wagon!

The following Downtown businesses will be hosting special events as well:

Adam Miller Toy and Bicycle -- 8 Center St.; Enjoy holiday specials, drawing/prizes, coupons, and their famous chili during the Christmas in the City festivities. Tickets for the Horse & Wagon rides may purchased inside of Adam Miller Toy and Bicycle. For questions, call (585) 343-0548.

Amy's Fluffy Friends -- 238 Ellicott St.; Have your pet's photo or group photos taken by Along Photography. Only $5 for a photo shoot! Amy's will also be offering a raffle with doggie treats. For questions, call (585) 343-0052.

Charles Men's Shop -- 200 E. Main St.; Stay warm and enjoy holiday discounts and warm refreshments! For questions, call (585) 343-2086.

City Slickers -- 59 Main St.; Celebrate the season with City Slickers' awesome deal with a Buy 1 Entree, Get the 2nd at Half Price. Sit back, relax, and enjoy a local band playing for the evening. Be sure to also purchase your "Dinner & a Movie" gift certificates as stocking stuffers! For questions, call (585) 345-6788.

Edward Jones -- 7 Jackson St.; Get out of the cold for a little while and enjoy a hot drink and cookies courtesy of Edward Jones. For questions, call (585) 345-1773.

Karen's Yarn, Paper, Scissors -- 39 Jackson St.; 10% holiday discounts on scrapbook paper and yarn! After the parade, stop by Karen's to get a free balloon animal courtesy of Jason the Juggler.

Marchese Computer -- 220 Ellicott St.; With coupons and refreshments, learn more about their holiday specials including computers starting at $349.99! For questions, call (585) 343-2713.

Sweet Pea's Cupcakery Cafe -- 23 Jackson St.; Offering free samples of cookies. Perhaps you'll want to come back to purchase some for Santa for Christmas Eve? For questions, call (585) 344-5627.

T-Shirts, Etc. -- 111 Main St.; T-shirt coloring for kids! Holiday specials include a Buy One, Get One at 50% off. Also, be sure to visit their guest vendor, Butterfly Studio. For questions, call (585) 345-1993.

UMTOO -- 317 Ellicott St.; Will be open until 9 p.m. and will have Christmas refreshments, Christmas stories (traditional and historical), and Christmas songs by local singers who will engage people to join in singing. For questions, call (585) 993-2325.

Valle Jewelers -- 21 Jackson St.; Will be offering holiday specials for that evening only. For questions, call (585) 343-3372.