batavia

These are the latest indictments issued by the Genesee County Grand Jury.

John J. Saddler is indicted on four counts. The first is for the crime of attempted rape in the first degree, a Class B felony, for allegedly attempting to engage in sexual intercourse with another person by forcible compulsion. This allegedly occurred Aug. 31 in the Town of Batavia. In count two, he is accused of touching the victim's genitals by forcible compulsion, a Class D felony. In count three, he is accused of forcing the victim to touch him on the genitals by forcible compulsion, also a Class D felony. In count four, Saddler is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining the victim in a motel room.

Dortha L. Penders is indicted for aggrevated driving while intoxicated, a Class E felony, for allegedly driving a 2008 Dodge while intoxicated on Sept. 22 on Route 5 in the Town of Batavia while a child age 15 or less was a passenger. In count two, she is accused of committing the same crime with a BAC of .08 or more, also a Class E felony, and while a child age 15 or less was a passenger.

Donald W. Sczepanski is indicted for driving while intoxicated, a Class E felony, for allegedly operating a 2004 Pontiac while intoxicated on Route 238 on Aug. 2 in the Town of Alexander. In count two, he is accused of committing the same crime with a BAC of .08 or more, also a Class E felony.

Thomas P. Lester is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Dodge while intoxicated on Sept. 12 on Townline Road in the Town of Byron. In count two, he is accused of committing the same crime with a BAC of .08 or more, also a Class E felony.

Robert C. Hinett is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 2003 Subaru while intoxicated on Aug. 23 on Lake Street in the Town of Le Roy.

The Grand Jury issued No Bill for Kiernan W. Kinney after considering evidence relating to possible charges of sexual abuse in the first degree for incidents which allegedly occurred on April 10 in the Town of Pavilion.

Jesse Woods, 18, of 41 Lake St., Le Roy, is charged with assault, 3rd. Woods is accused of punching a relative, causing bleeding, bruising and a fat lip. Woods was released under supervision of Genesee Justice.

Henry L. Banks, 43, of Tracy Avenue, Batavia, was arrested on City Court warrant for alleged front yard parking. Banks was arrested following a traffic stop by Deputy Joseph Corona and turned over to Batavia PD on the warrant. Banks posted $100 bail.

A person has been struck by a car at the intersection of State Street and Lewis Place, Batavia.

City fire and Mercy EMS responding.

UPDATE 8:05 a.m.: Patient transported to UMMC by Mercy EMS. City fire back in service.

Press release:

Attorney General Eric T. Schneiderman today announced the arrest of Sarah Waclawski, 25, of Batavia, New York, a Certified Nurse Aide at Genesee County Nursing Home, for causing injury to a resident of the nursing home.

Court documents filed by the Attorney General allege that on March 27, 2013, Waclawski transferred a 100-year-old female resident suffering from dementia from her wheelchair to her bed without the assistance of another staff member, as required by the resident’s individual care plan. They further allege that once in bed, Waclawski decided to transfer the resident back to her wheelchair, again without the assistance of another staff member. Once the resident was back in the wheelchair, she fell to the floor, hitting her head on the wheelchair and sustaining a laceration and pain.

“Families who place their loved one in a nursing home should be able to take comfort in knowing that they’ll receive the best care possible. By ignoring her patient’s care plan and then failing to seek medical attention for her when she fell, Sarah Waclawski showed blatant disregard for the health and safety of her patient,” Attorney General Schneiderman said. “My office will continue to prosecute cases like this to the fullest extent and send the message, loud and clear, that this conduct will not be tolerated.”

According to the felony complaint, without seeking medical assistance or advising a supervisor of the fall to conduct a nursing assessment, Waclawski enlisted the help of another aide to place the resident back into bed and then left the room. Approximately 15 to 20 minutes later, Waclawski reentered the room and observed blood on the resident’s pillow. Almost one hour later, a nurse came into the resident’s room and observed Waclawski wiping the resident’s head. The nurse also observed that several used wipes had what appeared to be blood on them. At no time prior to the nurse entering the resident’s room did Waclawski seek medical assistance for the resident.

Waclawski was charged with one count of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, a class E felony, which carries a maximum prison term of four years. She was arraigned in Batavia City Court before the Honorable Robert Balbick and entered a plea of not guilty. She was released on her own recognizance and is due back in court on March 4, 2014. 

The prosecution is being handled by Special Assistant Attorney General Thomas N. Schleif, under the supervision of Regional Director Gary A. Baldauf and Amy Held, acting director of the Medicaid Fraud Control Unit. The investigation was conducted by Investigator Janice Boyd, under the supervision of Supervising Investigator Kathleen Donahue.

The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty in a court of law.

Batavia's Bed, Bath & Beyond, damaged by fire Jan. 27, has been cleared of all its stock and today work crews were pulling from the store every last bit of fixture, shelving and even wall.

Smoke odor still permeated the entry way.

A manager said she doesn't know when the store will reopen. She said she didn't know when new stock would arrive. Asked if employees had been offered jobs at other locations, she said we would have to call the corporate office.

We called the corporate office this afternoon and have not yet gotten a response.

A three-vehicle accident, which is blocking traffic, is reported at 7797 Oak Orchard Road. A tractor-trailer, SUV and van are involved. Two Mercy ambulances are called in. Extrication of a patient in the van will be required. Town of Batavia fire is responding along with mutual aid from Elba's rescue unit. Elba Fire Police are asked to shut down southbound traffic at Daws Corners and northbound Route 98 traffic will be shut down at West Saile Drive.

UPDATE 4:02 p.m.: The patient from the van has been extricated.

UPDATE 6:25 p.m.: The Town of Batavia's assignment is back in service. At least one person was taken to UMMC -- an adult female with a small puncture wound on her lower leg.

Exclusively at Council Opticians, we are excited to showcase the new 2014 Tiffany Eyewear Collection. Well known for their quality, elegance, and use of Austrian crystals, here are 4 exciting new designs out of many featured here in our Batavia office. We invite you to visit us here and browse our large selection of quality eyewear.

Logan R. Evans, 22, of East Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and moved from lane unsafely. Evans was arrested following an investigation by officers Stephen Cronmiller and Matthew Lutey into an accident at 1:06 a.m. Saturday in the area of 23 Jackson St., Batavia.

Jacob S. Martino, 29, of Drake Street, Oakfield, was arrested on a warrant for alleged parking on city streets between 2 a.m. and 6 a.m. Martino turned himself in on the warrant. He posted bail and was released.

Amanda Marie Bowles, 28, of Williams Street, Batavia, was arrested on a bench warrant. Bowles was arrested by Batavia PD and turned over to the Sheriff's Office. Bowles was jailed on $100,000 bail.

Batavia officially became a city on January 1, 1915 after having been an incorporated village since 1823. The transition involved a progression through several steps during 1914. During 2014, I will be recalling each of these events 100 years after their occurrence.

In the early 1900s, village leaders appointed a Charter Review Commission for the purpose of drawing up a city charter proposal. Despite several submissions to the State, the Commission’s proposal consistently failed to gain the necessary State approval. The matter came to a head early in 1914. On this day, 100 years ago, the Village of Batavia aldermen, the equivalent of today’s City Council, unhappy with the Commission’s work, offered a competing proposal.

One reason for the failure of the Commission’s proposal to receive State approval had been lobbying by certain Village aldermen against specific parts of the proposal that caused them displeasure. Those parts included the elimination of wards, the elimination of political parties, the election of councilmen solely at large, and the creation of a city manager position. Political pundits predicted that the Board of Aldermen’s proposal would have none of these features.

The pundits were right. The aldermen’s charter proposal, made public 100 years ago today, not only retained wards, but increased them from five to six. It retained political affiliations, featured a strong mayor, and doubled Batavia’s representation on the County’s Board of Supervisors. It also had a particularly novel feature. Under the aldermen’s proposal, if at least 25 percent of the voters petitioned for enactment of a particular ordinance, the Common Council had to either adopt the ordinance or submit it to a vote by city residents.

In a move surprising some, the aldermen promised to put their proposal to a straw vote of residents just six days hence. Next week, I will provide another news release, this time revealing the outcome of that vote.

Local Greek yogurt maker Alpina has entered the national television yogurt wars with a series of commercials meant to entertain and inspire.

While industry leaders Chobani and Dannon dish out big bucks to debut commercials during the Super Bowl (including a both praised and panned spot from Dannon for Oikos Greek yogurt featuring the former cast of Full House, and Chobani's ad with Bob Dylan and a bear), Alpina held of until today the release of its new ads.

Press release from Alpina:

The new campaign focuses on individuals facing their challenges head on, or as we like to say “climbing their mountains.” Maybe your mountain is to run a 10k or graduate from college. The point is we all have mountains to climb. So satisfy your taste for the top with Alpina Greek Yogurt, it's encouragement by the spoonful. Alpina. Climb Your Mountain.

The ads will run in select areas in the Northeast, including Western New York, and will feature digital and radio advertisements. Western NY can also look forward to seeing our ads on TV and area buses. To complement the campaign, Alpina is offering a free trial to those who share their mountain with us through a link in our digital ads.

An arrest has been made in what might be termed an 11-month cold case.

On snowy night last March, somebody broke into the Discovery Chapel, 315 W. Main St., Batavia, stayed for a while and left barefooted sometime later.

The police had shoes, socks, footprints in the snow and a little bit of blood.

The blood is what led to the arrest of Shannon G. Cook, 34, of 6269 Byron Elba Road, Byron.

Cook was identified as a suspect through a DNA match after he was required to submit a DNA sample following an unrelated criminal conviction.

Nothing was stolen from the church.

Cook is charged with criminal mischief, 3rd, and criminal trespass, 3rd.

Following ararignment in City Court, Cook was released under supervision of Genesee Justice.

Jenea M. MacLeod, 29, of Genesee Street, Corfu, is charged with petit larceny. MacLeod is accused of shoplifting from the Dollar General Store at 412 E. Main St., Batavia. She allegedly placed items in her purse and walked out of the store without paying for the items on Friday. Two days earlier, MacLeod also allegedly stole merchandise from Walmart. She was charged with petit larceny and trespass.

Kevin Leroy John Halbert, 27, of Ellicott Street, Batavia, is charged with peit larceny. Halbert is accused of shoplifting from Kmart.

Woodrow C. Horseman, 37, of State Street, Batavia, is charged with petit larceny and trespass. Horseman was allegedly banned from Tops. He allegedly went into Tops at 4:08 p.m. Sunday and stole several cases of beer.

Jason H. Freeman, 32, of South Spruce Street, Batavia, is charged with petit larceny. Freeman is accused of stealing ice cream from Tops.

Terry Ann Espinosa, 43, of West Main Street Road, Batavia, is charged with falsely reporting an incident, 3rd. Espinosa is accused of falsely reporting a larceny to Batavia PD.

Gregory Seppe, 55, of Hyde Park, Batavia, is charged with disobeying a court order of protection and endangering the welfare of a child. Seppe is accused of entering a residence on Columbia Avenue at 10:17 a.m. Saturday and coming into contact with a person he is barred by court order from contacting. While in the residence Seppe allegedly acted inappropriately and endangered the safety and well being of several children in the residence.

Stephen W. Quigley, 59, no permanent address, is charged with petit larceny and trespass. Quigley allegedly slept overnight in a vehicle on the car lot of Time Buyer and stole change from an unsecured vehicle. Quigley was jailed on $5,000 bail.

David C. Truesdale, 24, of 18 Parsells Ave., Rochester, was arrested on a bench warrant. Truesdale was located reportedly hiding in a bathroom at 20 Tracy Ave., #1, Batavia, by Sgt. Chris Camp while Camp was attempting to serve a warrant on Truesdale. Truesdale is charged in the warrant with assault, 3rd, and strangulation, 2nd. He was also arrested on a City Court warrant for alleged failure to complete community service on an unreasonable noise complaint. At the time of his arrest, Truesdale was allegedly found in possession of marijuana. Truesdale was jailed without bail.

Duffy L. Starks Jr., 21, of Tracy Avenue, Batavia, is charged with unlawful possession of marijuana. Starks was allegedly found in possession of marijuana while Batavia PD was at 20 Tracy Ave., Batavia, to arrest another subject on a warrant. Starks was also arrested on a parole warrant. He is being held in the Genesee County Jail on the parole warrant.

Joshua T. Fullmer, 21, of 3124 W. Main Street Road, Batavia, was arrested on a bench warrant. Fullmer turned himself in to Batavia PD.

Amy R. Martin, 29, of Dewey Avenue, Batavia, turned herself in on a parking ticket warrant for allegedly parking on a city street between 2 a.m. and 6 a.m. Martin posted bail and was released.

Danny D. Williams Sr., 25, of 310 E. Main St., Batavia, was arrested on a bench warrant. Williams was located in Rochester and arrested on two bench warrants and one arrest warrant out of Batavia City Court. Williams was jailed without bail.

Leslie C. Jackson, 51, of Piffard, is charged with grand larceny, 4th, and and a Class E felony (the State Police blotter is unclear as to what it is). Jackson was arrested by state troopers in connection with an alleged incident reported at 3 p.m. Dec. 3 in the City of Batavia. No further details released.

A dryer fire is reported at 1 Shady Lane, Batavia.

Town of Batavia is responding.

UPDATE 10:18 a.m.: Fire is knocked down. Remaining units responding can respond non-emergency.

A car slammed into a tree, close to a house, at 8802 8807 Prole Road. One person, believed to be injured, is still in the vehicle. Several others -- from three to six subjects -- were seen running from the scene. The accident is just south of Route 5. Law enforcement and medics are responding.

UPDATE 11:13 p.m.: Stafford Volunteer Fire Department is on scene. "All units can back it down. One subject is in the vehicle and I've got him," says a deputy.

UPDATE 11:25 p.m.: Stafford fire is leaving the scene, in service. A tow truck is en route.

UPDATE 11:44 p.m.: Le Roy Ambulance is transporting the patient to Strong Memorial Hospital. The deputy is also going to Strong to follow up on the accident.

UPDATE 11:35 a.m. (by Howard Owens): The driver has been identified as Douglas J. Hanley, 23, of Batavia Stafford Townline Road, Batavia. Charges are pending. The accident was investigated by Deputy Frank Bordonaro.

Press release:

There is a water main break on Lyon Street between Richmond Avenue and Oak Street.  Crews will be making repairs, which may result in a water service interruption or discolored water on Lyon Street (Oak Street to Lacross Avenue) and Richmond Avenue (Lyon Street to Union Street).

UPDATE: The break was reported to be repaired about 1:30 a.m.

Join us on February 8, 2014 for Notre Dame's 22nd Annual Trip Night at the Clarion Hotel. The 2014 trips include Hawaii, Key West, Cape Cod, Buffalo A night a Salvatore's Grand Manor & Dinner at Russell's, Erie Splash Lagoon, Sunny Hill Golf Resort, Beaver River Lodge and many more. There will also be a special Veterans vacation giveaway for a lucky veteran and their family.

Tickets are $40 per person or two for $75 which includes dinner and drinks. We're offering a free ticket to any servicemen - retired, reserve or active duty, with the purchase of a regular priced ticket. Reduced room rates are available for the night, live entertainment throughout the eveing with comedian Hiram Kasten & Biggs Sound & Entertainment. Must be 21 or older to be admitted. 

Giveaways will include 50/50's, 60/40's, 70/30's, wagon of wine, dessert raffle, fruit bouquets, lottery giveaway, Muckdog tickets, Darien Lake tickets, Bison game box seats, bus getaways, reverse raffle and more!

For tickets and more information or to make a donation of any kind, contact Notre Dame High School Advancement Office at (585) 343-2783 Ext. 144 or visit us online at: www.ndhsbatavia.com. or contact Anita Strollo at (585) 813-5371 or at mommneetz@yahoo.com.

Workers at Petco are busy cleaning up the store and restocking shelves -- some stock had to be replaced -- following the fire at Bed, Bath & Beyond last Monday.

One thing General Manager Carol Hershberger is eager for local residents to know is that all of the animals that were in the store are safe.

They were initially taken to the Genesee County Animal Shelter and, contrary to a prior report, never returned to the store, she said. The animals have all been relocated to other Petco stores.

There's a lot of work, but staff is working hard, she said, to get the store reopened Monday.

Meanwhile, investigators have yet to determine the case of the fire, which started in the bedding department of Bed, Bath & Beyond and caused to smoke to fill both stores (not as heavily, in Petco).

UPDATE 3:57 p.m.: Hershberger called back to say after a long way of work today, she doesn't believe the store will be ready to open Monday. She said she's hesitant to predict when the store will open. "As soon as possible," she said.

Press release:

The City Water Department will be making a water main repair in front of John Kennedy School today. This may result in a water service interruption on Vine Street (between North Street and Bank Street) and Evergreen Drive (between Vine Street and North Spruce Street). Water will not be turned off before John Kennedy School dismissal at 11:30 a.m. so school will not be affected.

UPDATE 2:38 p.m.: The main has been repaired.

The Manor House held a party yesterday celebrating all the birthdays for the year of residents who turn 90 years old or older.

Bottom photo, Angie Ilasi cuts the cake. Ilasi turns 100 this year.

(File Photo)

A Buffalo judge ruled this morning that the city must issue a rooming house permit to local rental property owner Terry Platt for a 12-room rooming house at 316 E. Main St., Batavia.

The city's planning board turned town Platt's application in May following strenuous objects from neighboring property owners and other residents, so Platt filed an Article 78 action asking the court to step in and review the case.

Judge John Curran found that Platt's plan did not violate the city's master plan, as the city maintained in its argument against granting the permit.

The city didn't contest, according to Platt's attorney Michael Perley, any other aspect of Platt's application.

Curran found, Perley said, that the city's master plan allows mixed use on East Main Street, and the rooming house fits within permitted uses.

But even if the master plan didn't allow for mixed use in that area of the city, Perley said Curran indicated he would have ruled in Platt's favor because he would have found the city's plan flawed.

"My client is pleased and I'm pleased for my client," Perley said. "We thought all along it was a proper and appropriate project. Mr. Platt has always run these dwellings in the city and he has run them well. We believe it will be an asset to the city and the city will be pleased with the rooming house and how Mr. Platt operates it."

Previously:

• Terry Platt says he's done investing in Genesee County after city denies rooming house application
• Judge will consider whether to overturn denial of permit for rooming house on East Main