batavia

A Batavia man who has been arrested multiple times since 2019 but has remained out of jail apparently because of the state's bail reform law was admonished by Judge Charle Zambito today that he is "walking a fine" line while his cases are pending.

Zambito was shown a photograph provided by Genesee Justice that apparently showed Devon Wright, 19, received a traffic ticket for alleged aggravated unauthorized operation. The ticket, Zambito said, indicated that Wright was outside of his residence at night in violation of his terms of release.

It was expected that Wright would enter a guilty plea today in relation to his multiple charges but his attorney, Nathan Pace, said he needed more time to explain the charges and plea to his client. After much haggling over a date -- finding a time that fits into both Pace's calendar and the court calendar -- the parties agree to be back in court at 11:45 a.m., July 19.

After the appearance date was set, District Attorney Lawrence Friedman raised the issue of the email from Genesee Justice with the attached photo.

Friedman noted that at Wright's last court appearance -- after Wright was arrested on a weapon's charge -- he asked that Wright's bail be revoked. He renewed that request today.

Zambito read to Friedman the language of the current bail statute. The law would require Zambito to conduct a bail hearing, at which time Wright could challenge the evidence against him and present his own evidence, and even after the hearing, if Zambito determined new bail requirements were required, Zambito could only set the minimum bail necessary to assure Wright's appearance at future hearings.

"The one thing Mr. Wright has done," Zambito said, "is appear in court when he's told to appear. He may be out committing crimes but he's been here when he needs to be here. I can't change the law. I don't like it myself."

At Wright's May 24 hearing, Zambito also expressed frustration with bail reform law.

"It's impossible under the current bail reform laws," Zambito said then. "It seems Wright is a clear and present danger to the community as long as he is out and he continues to get arrested." 

But, Zambito added, "the law doesn't allow a judge to consider community safety when setting bail. I'm frustrated. I think every judge in New York State is frustrated."

In the past 21 months, Batavia PD has reported the following arrests:

• In Nov. 2019, Wright was accused of violating an order of protection and charged with criminal contempt.
• Later that month, Wright was charged with larceny, harassment, and endangering the welfare of a child for allegedly stealing money from a person less than 17 years old while in City Centre.
• In March 2020, Wright allegedly caused a disturbance at the Sunoco Gas Station on West Main Street in Batavia and was charged with burglary, assault, and criminal mischief.
• The next month, Wright was accused of running down a person on Highland Park in Batavia while driving a silver sedan. He then allegedly fled the scene on foot. When taken into custody, he allegedly resisted arrest and damaged property at the police station. He was charged with attempted assault, 1st; resisting arrest; obstructing governmental administration, 2nd; criminal mischief, 4th; criminal nuisance, 2nd; and harassment, 2nd. Wright answered to the charges in City Court and bail was set at $10,000 cash, $20,000 bond, or $50,000 partially secured bond. It's unclear if he posted bond or bail but he was released from custody.
• In May 2020, Wright was accused of sexual conduct with a person less than 15 years old and charged with two counts of criminal sexual act in the second degree and two counts of endangering the welfare of a child.
• In July 2020, Wright was arrested on a pair of warrants, one for alleged failure to pay a fine, the other for an alleged failure to appear in court.
• Wright's most recent arrest came earlier this month. Wright was arrested on a Batavia City Court Warrant and charged with second-degree menacing, criminal possession of a weapon in the third degree, and second-degree harassment. He allegedly threatened several individuals in a vehicle with a weapon.

After reminding Friedman of the constraints of the law, Zambito asked if Friedman wanted a hearing on this latest apparent violation of the terms of Wright's release and Friedman said no. 

In speaking to Wright, Zambito noted that the picture couldn't be authenticated and that may be a factor in why Friedman wasn't requesting a hearing because "if he could confirm when the picture was taken he would not only be asking that your bail be pulled but he would be asking for new charges."

He then told Wright, "You're on curfew. You need to be home at 9 p.m., not 10 after nine and you can't be out driving. Your privilege has been revoked."

Press release:

On Thursday, July 1, the Genesee Country Farmers Market starts a new program called Double Up Food Bucks.

Spend up to $20 in SNAP -- Supplemental Nutrition Assistance Program -- and receive $20 matching funds. SNAP is accepted at the market. Redeem for tokens at the market kiosk.

The DUFB silver coins are good for fruits and vegetables. The wooden SNAP tokens are good for any SNAP-eligible item. 

Come get double your money's worth!

The Farmers Market at Bank Street and Alva Place downtown is open Tuesdays 9 a.m. to 4 p.m., Thursdays 9 a.m. to 7 p.m., and Fridays 9 a.m. to 4 p.m.

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors will consider proposals for $18.2 million of new investment at its July 1 board meeting.

Gateway GS LLC (Gallina Development) is proposing to construct the third phase of its flex campus at the GCEDC’s Gateway II Corporate Park in the Town of Batavia.

The $2.36 million investment is a 27,000-square-foot facility that would be completed in 2022 for a single logistics-distribution tenant. The future tenant is estimated to create 21 new jobs at an average annual salary of $42,000.

The GCEDC Board of Directors will consider an initial resolution for the project. Gateway GS LLC is seeking approximately $386,891 in sales, mortgage and property tax exemptions.

The GCEDC Board of Directors will also consider a final resolution for Just Chez Realty LLC. The company is proposing a $450,000 building redevelopment project as part of the City of Batavia’s Downtown Revitalization Initiative (DRI).

The project would renovate approximately 6,000 square feet of a 13,324-square-foot building at 206 E. Main St. to create two market-rate apartments on the building’s second floor and follows improvements to the first floor of the building. Just Chez Realty is seeking approximately $21,000 in sales tax exemptions.

The GCEDC Board of Directors will also consider an initial resolution for two community solar projects on Ellicott Street Road in the Town of Batavia.

Trousdale Solar LLC is proposing projects that would generate 5 MW and 4 MW of electricity. The PILOTs -- Payments In Lieu Of Taxes -- would result in payments of approximately $930,000 to the Batavia City School District and Genesee County over 15 years.

Trousdale Solar LLC is seeking approximately $2.5 million in property and sales tax exemptions.

The board meeting will be held at 4 p.m. in the Innovative Zone at the MedTech Centre, located at 99 MedTech Drive in Batavia. The meeting will also be broadcast online at www.gcedc.com.

Photo by Virgil Cain.

Batavia Youth Baseball hosted a regional tournament at the ball fields at MacArthur Park this weekend, from Friday through this evening, with the finals taking place this evening.

Twelve teams participated.  

These photos are from a game Saturday between Akron and Perry.

City police are responding to the area of Oak Street and Park Road in Batavia for a report of two youths about age 6 or 7 riding electric motor scooters in and out of traffic. The intersection is one of the busiest there is here.

James Timon Saddler III, 39, of University Street, Rochester, is charged with: second-degree assault -- with intent to injure with a weapon; criminal possession of a weapon in the third degree; second-degree harassment; and trespass. Following a call for service at a motel on West Main Street Road in Batavia, Saddler was arrested at 5:19 p.m. June 24. It is alleged that he got into a physical altercation and struck a victim with a tire iron and another victim with his fists. He was arraigned in Alabama Town Court and put in jail without bail. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Mathew Clor.

Ray Spencer-Lindquist Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with first-degree criminal contempt; second-degree harassment; and second-degree assault -- causing injury to a victim age 65 or older. Following an incident in the early morning hours of June 26 in the Town of Alabama, Saile was arrested. It is alleged that he backhanded a person who had a stay away order of protection against him. Following arraignment in Alabama Town Court, Saile was released under supervision of Genesee Justice. He is due back in Alabama Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy James Stack.

Jazmin Pellot, 38, is charged with second-degree harassment and obstructing governmental administration. She was arrested at 1:33 p.m. June 15 after an incident that occurred on North Spruce Street in the City of Batavia. It is alleged that she struck a victim in the face with a closed fist and that she interfered with officers and failed to comply with directives during an investigation. She was arraigned in Batavia City Court later that afternoon and then released on her own recognizance. She is due back in court July 22.

Thomas Tacito, 61, was arrested at 1:30 p.m. June 17 after he allegedly violated an order of protection issued to a victim on North Spruce Street in the City of Batavia. He is accused of going to the protected party's residence and knocking on their door. He was issued an appearance ticket for Batavia City Court and is due there at a later date (unspecified).

Thomas Tacito, 61, was arrested at 11:15 a.m. June 23 after an investigation into a neighbor dispute that occurred at 10 p.m. April 24 on North Spruce Street. A victim had all four tires slashed and several windows smashed out on their vehicle. Tacito is charged with third-degree criminal mischief. It is alleged that he caused more than $250 in damage to the vehicle. He was issued an appearance ticket to be in Batavia City Court July 6 and then released.

Liltesia Nefetiria Turner, 39, of Tracey Avenue, Batavia is charged with: fourth-degree grand larceny -- property with a value greater that $1,000; fourth-degree grand larceny -- credit card; and petit larceny. Turner was arrested June 22 for allegedly stealing a wallet belonging to another person at 11:15 p.m. June 21 at Batavia Downs Gaming, which contained several credit cards and more than $1,000 cash. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Mitchell Bates, 29, is charged with: aggravated driving while intoxicated -- with a BAC of .18 percent or more DWI; and failure to keep right. Bates was arrested at 10:06 p.m. June 19 on Ellicott Street. The charges stem from a motor-vehicle accident in which Bates allegedly drove into oncoming traffic and struck another vehicle head on. He was processed at Batavia Police Headquarters and released on tickets returnable to Batavia City Court on Sept. 21.

Trevor M. Rich, 40, is charged with: criminal possession of a controlled substance in the seventh degree; driving while intoxicated; aggravated DWI; and failure to keep right. Rich was arrested on June 18 after an investigation of a motor-vehicle accident that occurred at 6:10 p.m. Feb. 25 on East Main Street in Batavia. It is alleged that he was driving under the influence of alcohol and that he possessed cocaine at the time. He was issued an appearance ticket for June 29 in Batavia City Court.

Jamie Dutton, 28, was arrested June 26 and charged with criminal mischief and criminal trespass. It is alleged that at about 5:45 p.m. Feb. 27 that Dutton entered a residence on Harvester Avenue unlawfully and damaged windows in the the process. The defendant is due in Batavia City Court on July 6.

Bianca Tyson, 30, was arrested at 2:28 a.m. June 20 on Jefferson Avenue in Batavia after a traffic stop. It is alleged that she was operating her vehicle while intoxicated with a BAC or .08 percent or more. Tyson was issued an appearance ticket to be in Batavia City Court on July 20.

Jaylinn Oneil, 31, was arrested at 10:21 p.m. June 18 on Holland Avenue in Batavia and is charged with criminal mischief and resisting arrest following a disturbance. She was issued a ticket to appear in Batavia City Court on June 29.

Kaleb Bobzien, 23, was arrested on charges of: resisting arrest; obstruction of governmental administration, speed in zone; aggravated unlicensed operation in the third degree; and suspended registration. He was arrested June 14 at 3:37 p.m. on Alexander Road after allegedly failing to comply with Batavia police officers' commands to exit his vehicle after being advised that he was under arrest on a warrant out of Warsaw PD. He was issued an appearance ticket for June 22 in Batavia City Court, and traffic tickets, then turned over to Warsaw PD on the warrant.

Ashley Elizabeth Quintern, 32, of Miller Avenue, Batavia, is charged with petit larceny. At 5:57 p.m. June 23, Genesee County Sheriff's deputies were dispatched to Walmart on Veterans Memorial Drive in Batavia for a larceny complaint. It is alleged that Quintern stole merchandise belonging to Walmart. She was processed at GC Jail then released on an appearance ticket. She is due in Town of Batavia Court on July 26. The case was handled by Deputy Kyle Tower.

Mitchell Merrill, 35, was arrested on June 17 at 4:55 a.m. following an investigation of a larceny that occurred at 4:36 a.m. that day on East Avenue. It is alleged that Greene took property that did not belong to him without permission of the owner. He was released on an appearance ticket for court (date unspecified).

Marcella Greene, 36, was arrested June 22 for failure to appear in Batavia City Court on April 19; reason not specified. After being processed at Batavia Police Headquarters and arraigned in city court, she was released. Greene is due to return to court Aug. 5.

Nicole Casey, 33, of West Main Street, Batavia, turned herself into Batavia Police Headquarters at 10:45 a.m. June 21 after failing to appear in Batavia City Court as required by an appearance ticket. The original charge involved a shoplifting incident at a local business in Feburary of 2018. After arraignment in city court, Casey was directed to return to court on July 21.

Tim Kauffman, 52, was arrested on a warrant out of Batavia City Court on June 15. It was issued after he failed to appear in city court on May 13 as required. He was processed, arraigned and released on his own recognizance and is due to return to court at a later date (unspecified).

A deputy is responding to Walmart for a report of four children left unattended in a maroon vehicle near the Garden Center of the store.

A car vs. pedestrian accident is reported in the Target parking lot at 4300 Veterans Memorial Drive in Batavia. Those involved are "right up front." The pedestrian is still down in the roadway. Mercy medics and city fire responding.

A gas grill was reported stolen from a yard in the first block of Pringle Avenue in the city. City police went to Pringle. The grill was subsequently found in the southeast corner of Pringle Park.

A man and woman are suspected of stealing an air conditioner unit out of a window in the 100-200 block of Jackson Street in the city. They were last seen running down Morton Avenue. The male was wearing a short-sleeve shirt; the woman has on a black hoodie. City police are speaking with a male now. The caller was a neighbor of the victim.

UPDATE 4:41 a.m.: A male and female have been arrested.

A caller reports that kids are jumping off of tables and benches at Williams Park.

A police officer is dispatched.

Press release:

The roller-coaster ride of emotions continues for the Muckdog as after they just won four out of their last five games to claw their way but to .500; they lose their second straight game. After Friday night’s nail-biting loss to the Tarp Skunks 2-1, Batavia looked to maintain the season series lead against the Elmira Pioneers on Faith and Family Night at Dwyer Stadium.

Andrew Parr got the ball to start the game, as the righty from Andrews College started the year out of the bullpen but was on the mound for his second start of the season against Elmira. Going into the game, Parr led the entire Perfect Game Collegiate Baseball League with a 0.00 ERA in 17 innings pitched and was tied for first with four wins.

Elmira’s bats got rolling early as Parr allowed three hits, and first basemen Bobby Marsh drove in the first run against Parr so far this season. The Pios then got six hits off the former PGCBL Pitcher of the Week in the second inning, including an opposite-field two-run homer for Chris Erickson. Parr was yanked for Niagara University right-hander Tyler Prospero in a 6-0 ballgame with just one out in the inning.

Batavia would respond in the bottom half of the inning, scoring both Jerry Reinhart and Abner Benitez to cut the deficit to just four. The hits just continue to come in bunches for Elmira, as they had double digits in the fourth inning. The Pioneers scored three in the fourth and three more in the fifth due to a bases-clearing triple from right fielder Dom Popa.

As always, the Muckdogs did not go down without a fight, down 10 runs in the seventh pinch hitter Ethan Frasca and Luis Rodriguez both scored after RBI’s from Cameron Conley and Charlie Szykowny. Batavia would tack on two more in the eighth after Elmira responded with two runs of their own.

With a final score of 14-6, Elmira mustered up 19 total hits in an impressive showing from top to bottom of the Pioneer order. Extra hitter Gil Merod had a four-hit game with three runs scored, and Auburn catcher Jake Schorr finished with three hits and three RBIs. Cam Hill got the win on the mound, as so far on the year, Batavia was used to seeing him playing first base and batting third for the Pios, with Parr picking up the loss.

Batavia now falls to 9-12 on the year and back into fourth place as Geneva winning both games of the doubleheader against Auburn. Facing the Auburn Doubledays today will be the Muckdogs, as they play a team from the central division for the first time this year.

First pitch at Falcon Park is at 5:05 p.m.! It can be viewed on YouTube Live by subscribing to BataviaMuckdogBaseball. Make sure to follow our Twitter @BataviaMuckdogs and liking our Facebook Page, “BataviaMuckdogBaseball.”

Just over an hour or so ago, cat owner David Austin emailed us to let everyone know his cat "Spot" was found and is home safely. You'll recall he went missing last weekend from his city residence.

"We found him hiding in a covered-up boat. Before I did though, I dug up a big part of my 145-year-old barn floor. There are gofer tunnels under there."

So, we can surmise that Spot felt duty bound to hunt the varmints. He heard a higher calling and answered it nobly. For shame thinking he was out for self-indulgent amusement when there's obviously work to be done on the property by an expert -- veritable catacombs to search for burrowing pests!

Spot's latest photo with that pointed expression tells the whole story. "You gotta problem with that?!"

Previously: Don't beam him up, Scotty! This cat is missing from MacArthur Drive and State Street

From BPD -- Louis Morris has been located alive and unharmed. The Batavia Police Department would like to thank the public for the tips they sent in.

Press release:

The Batavia Police Department is seeking the public’s assistance in locating Lewis A. Morris who was reported missing from his home in the City of Batavia on June 25th.

Mr. Morris was last seen at his residence on June 25th at approximately 12:30 a.m. and reportedly may have left sometime before 3 a.m. Mr. Morris is believed to be with his vehicle, which is a 2011 Hyundai Sonata, 4-door sedan, black, with New York registration - JAT5955.

Morris is described as an African American male, age 66, there is currently no clothing description available. His photo accompanies this news release. Anyone who sees Morris, or his vehicle, should call their local law enforcement agency.

Please be prepared to provide his current location and clothing description. Anyone with information regarding this investigation is asked to call the Batavia Police Department without delay at (585) 345-6350.

Press release:

Genesee Symphony Orchestra Reveal Event

Music Director S. Shade Zajac reveals the orchestra's 75th Anniversary Season -- Get to know YOUR orchestra!

• GSO Concert
• Upcoming Season Information for the 75th Anniversary Celebration
• T-shirts for sale with orchestra logo
• Food trucks for refreshments

WHEN?  4 p.m. Saturday, July 17

WHERE?  Austin Park, 15 Jefferson Ave., City of Batavia

Bring a chair, relax and enjoy the evening celebrating YOUR community orchestra!

Press release:

The Batavia Police Department would like to notify citizens that the State of Emergency declared by Governor Cuomo at the start of the COVID-19 pandemic ended today (June 24). Therefore, the extension of expiration dates for driver licenses and permits that expired on or after March 1, 2020 also ended today.

Expired drivers licenses and permits are no longer valid and need to be renewed with the Department of Motor Vehicles.