batavia

There was nothing Tom Mancuso could do but watch.

Mancuso, donning a New York Yankees ball cap, and wearing a gaunt, dour expression in the unseasonably cold night, stood for hours just watching as firefighters tried to beat back the hungry red and blue flames devouring his building, the old Wiard Plow factory that his firm acquired in the 1980s.

Through the battle, Mancuso rarely turned away. He just watched.

"You can always build another 100,000-square-foot building," Mancuso said at one point. "You can never replace a 100-year-old building."

An Alarm of Fire
Just before sunset Saturday, Genesee County Dispatch started to get calls of a fire at 33 Swan St. -- the same location where a smaller fire had been extinguished by the Batavia Fire Department earlier Saturday.

On a day when the dispatch center dealt with hundreds and hundreds of calls, the switch board lighting up just fit the pattern.

But this time, this was no "possible" structure fire. Witnesses -- and there were several -- reported seeing heavy smoke.

By the time the Batavia Fire Department was on scene, flames were already showing.

The call quickly went out for mutual-aid departments to respond -- from Le Roy, Stafford, Town of Batavia and several others.

By 8:15 p.m., big balls of flame were shooting from the back of the historic structure.

Among the witnesses to the initial smoke was a reader of The Batavian, who told us he saw two youths running from the building. He said that later those same two youngsters were being questioned by police.

A little after 11 p.m., The Batavian confirmed Batavia Police detectives Todd Crossett and Kevin Czora were at the police station talking with two juveniles. Their parents had also been called to the station.

Earlier in the day, the Batavia Fire Department responded to a report of smoke coming from the rear side of the same Wiard Plow building.

Two youths reported the fire, saying they were walking in the area when they spotted the smoke. Lt. James Steinbrenner said Batavia Police questioned the youths who reported the fire and determined they were in fact just witnesses and not involved in the possible arson.

The fire, according to Steinbrenner, appeared deliberately set. There were papers spread around the floor of an abandoned office space that had been ignited. The arrangement of the paper suggested it was sometimes used as bedding.

An electrical cause could be ruled out because the building had no utilities service.

People could gain access to the space where the fire was found through a collapsed wall in an inner courtyard-like area. There was evidence that somebody had used a pallet to construct a makeshift ladder to gain easy access from the courtyard down into the office area.

Four burned birthday candles sat on a table in a room adjacent to the office were the earlier fire was discovered.

That fire was completely extinguished by BFD before it had a chance to spread beyond the office.

This evening's fire, according to Steinbrenner, may have started several yards to the south of the earlier fire, but within the same group of rooms in the building.

Fire Protection
Mancuso was clearly concerned about access to his building. He said work crews just within the past couple of weeks had welded shut doors that vandals had been using to gain access by breaking locks. There was also a 10-foot-high chain-link fence that was supposed to prevent people from entering the courtyard area.

"It was secured from the casual person entering," Mancuso said.

Several fire companies from Genesee County responded to the blaze, including Le Roy, which over the previous six or seven hours had responded to 15 calls in its own district -- mostly trees and power lines down.

Batavia's interim fire chief, Craig Williams, said the first order of business was firefighter safety.

"It’s a vacant building, so our first priority is making sure our guys stay safe, so we weren’t going to enter the building," Williams said.

Firefighters formed a perimeter around the building, striking it with several streams of water -- including three aerial (or ladder) trucks.

One Batavia firefighter said Le Roy's ladder truck crew deserved special credit for attacking the fire from the front of the building and keeping the flames from spreading beyond the firewall.

“There were breeches in the firewall, because of construction and renovations over the years, but we dumped a lot of water on it," Williams said. "Between the firewall and our efforts it looks like we pretty much got it stopped at the firewall.”

All evening, temperatures were at or below freezing, and snow flurries occasionally blew through the scene.

Firefighters were universally thankful for the cold and damp weather. With the high winds of Saturday evening, the fire could have quickly and easily spread if not for the recent rains. The entire Harvester complex could have been lost. Winds of 30 to 40 mph were carrying embers directly over the old factory buildings.

Town of Batavia Fire was assigned early in the incident, Williams said, to watch over the Harvester buildings.

Shortly before 11 p.m., heavy-duty wrecking equipment was brought in to start knocking down bricks and mortar that were first set in the 1870s.

By knocking down the ancient walls, the remains of the fire could be more quickly extinguished.

By about 1 a.m., Sunday, most of the fire units who had responded were back in service.

Updated at 11:30 a.m., Sunday, to include information about weather conditions and potential damage to the Harvester complex.

Previous coverage:

• Historic Wiard Plow Co. destroyed by fire
• Photos: Old Wiard Plow factory fire
• Reader Photos: Wiard factory fire
• Juveniles being questioned in connection with Wiard factory fire
• Historic building on Swan Street ablaze
• Swan Street fire caught early, before any real damage done

Here are 29 photos from the scene of tonight's Wiard Plow factory fire.

More pictures after the jump:

More pictures after the jump:

Two juvenile subjects are currently being questioned at Police Headquarters by Batavia Police detectives Kevin Czora and Todd Crossett.

Their parents have been called to the station.

A witness earlier informed The Batavian that he saw two youths running from the scene, and later saw those two same individuals being questioned by police.

Here are a few photos I took while at the scene. I'll post more later. We've also received numerous reader-submitted photos and we will post those later. I'm heading back to the scene as soon as this post is up.

A firefighter said it looked like this fire broke out only feet from where this afternoon's fire was apparently set.

The back of the building is a total loss. There is a chance the front half will be saved.

A number of firefighters I spoke with said they were thankful it's a cold and damp night.  With the direction of the wind and embers in the air, Harvester Center could have been ignited as well, if not for cold and damp weather.

More later.

There is a structure fire at the Wiard Plow Co. building at 33 Swan St. in the City of Batavia. Firefighters are on scene, opening up the building to vent the smoke. The roof is afire with 20-foot flames. A second ladder is requested. A crew from Alexander is requested to fill in for the City of Batavia as standby. Looky-loos are posing an impediment to the firefighting efforts.

The fire is engulfing the rear of the structure. There was an apparent arson there earlier this afternoon.

"From everything I can see the main sturcture is OK but there's a lot of embers flying around. A good chunk of the rear of the building fell down," reports a firefighter.

All firefighting manpower from the city and town of Batavia are called to the scene.

The report of this tree falling into a house at 2 Manhatten Ave., Batavia, came in around 5:30 p.m.

The initial report said the residents were trapped in the house, but they managed to get out before city firefighters arrived.

This is the scene at 6:51 p.m.

A tree fell into a home on Kibbe Avenue. Witnesses said a limb pierced straight through the roof into the closet of a bedroom. One person was home, but nobody was hurt.

A tree down and blocking Jackson Street near Wood Street.

A man walking down Ellicott Street, trying to keep control of his umbrella in the wind.

More pictures after the jump:

The fence in front of the old Christina's Restaurant location on Ellicott Street was blown down. Genesee Dispatch reached owner Chuck Brumstead, who reportedly said nothing could be done about it until Sunday.

A tree came down on this car on Vine Street.

Firefighters Joseph Schlossel and Robert Fix remove a tree limb from Tracy Avenue.

City crews had a lane of traffic closed throughout most of the morning and into mid-day for unknown repairs at Ellicott and Jackson streets.

The flag outside the Genesee County Economic Development Center on Mill Street whipping in the wind.

A pair of teenagers walking behind the Wiard Plow Co. building on Swan Street spotted smoke coming from a window in the back of the old factory building, so they went to a nearby business and called 9-1-1.

When city firefighters arrived, there was just a little smoke showing and after they made their way into the building, they found smoldering office papers. They were files left behind from a previous business that had been set on fire, according to Lt. James Steinbrenner.

While the fire appears to be intentional, or at least set by the action of some person, there was no accelerant, which would be used in a typical arson.

The fire may have just be a result of people who were hanging out in the building and lighting matches. Four partially burned birthday candles were found in a room adjoining the interior office where the fire was found. The fire did not extend beyond that office.

The burning paper was extinguished quickly by the City of Batavia Fire Department.

The way the paper was spread on the floor, it's possible somebody has been using it as bedding.

Access to the building is wide open through a back wall that is completely collapsed.

Tree branches are down in the area of 166 Summit St., completely blocking it.

At 9 Holland Ave., a tree is down and electrical wires are arcing.

Also, trees down blocking Macomber Road in Oakfield and a street in Bergen.

UPDATE 4:22 p.m.: A line is down and arcing on Route 77. Also, Batavia Fire is being dispatched to 71 S. Main St. for a tree limb on fire. A Le Roy Fire chief reports a limb down on Myrtle Street.

UPDATE 4:28 p.m.: In Le Roy, there are at least two limbs down on Myrtle, with one causing damage to a vehicle, plus one on Glibert Street. Le Roy is setting up a command post at the Fire Hall and requesting all available manpower.

UPDATE 4:30 p.m.: Fire Dispatch just notifed all fire personnel to go to various operational channels and keep radio transmissions to a minimum: "We have several emergencies to get out."

Update 4:35 p.m.: There is some sort of fire on West Bergen Road. Wires are down on Elm Street in Le Roy, also in Le Roy several tree branches and wires are down and arcing on Lake Street. There is also an incident on Washington Avenue in Batavia that has the street shut down.

UPDATE 4:38 p.m.: A tree has fallen on a house on Kibbe Avenue.

UPDATE 4:40 p.m.: There's a chain reaction of poles down and wires popping on Clipknock Road. There's also another pole down in Le Roy, but we didn't catch the location. Also several poles and wires down on Bethany Center Road.

UPDATE 4:43 p.m.: Somebody just said, "We've lost all power in the village." Not sure which village.

UPDATE 5:09 p.m.: National Grid is on scene on Erie Street in Le Roy for lines down.  Also on Oatka, a large tree is leaning on wires. Wires are intact. In Batavia, Jackson Street is blocked at Wood Street. Darien is being asked to check 9295 Colby Road for unknown wires down.

UPDATE: A tree has fallen into power lines on Vine Street.

Large trees have fallen on Vine Street, one of which struck a car, and on Tracy Avenue in the City of Batavia. This prompted a third batallion to be dispatched to the fire department.

A groundhog spotted on Maple Street this afternoon.

A possible structure fire has been reported at 33 Swan St., Batavia.

Batavia Fire is responding.

UPDATE 2:08 p.m.: There has been a good deal of scanner traffic and any response to this did not come across.  We just drove by the location and no fire is on scene, so they must have cleared.

UPDATE 3:24 p.m.: There was a fire. A small one.  In one of the old Wiard Plow buildings.  The fire trucks were (duh) behind the building.  A separate post on the fire, with pictures, later.

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A large tree has fallen into a garage at 10 Prospect Ave. in the City of Batavia. No wires are believed to be affected. Batavia Fire is responding and will be using a chainsaw to remove the tree.

Electric lines are reportedly down and on fire in the vicinity of 65 South Main St., Batavia.

Batavia Fire is responding.

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BATAVIA , NY -- In a brief conversation this morning, District Attorney Lawrence Friedman said he wasn't surprised yesterday when the attorney for Scott Doll, accused of murder, implied that maybe it was Doll's son who killed Joseph Benaquist on Feb. 16, 2009 in Pembroke.

As for whether Josh Doll will be called as a witness in the case, Friedman at first said, "You'll have to ask them," motioning toward the defense table. 

Asked if Josh Doll was already on his witness list, Friedman said Judge Robert Noonan doesn't really like attorneys to specify who is on what list.  He then said, "I just don't know (if he will be called)."

Doll's attorney, Paul Cambria, said he never discusses beforehand who he plans to call as a witness.

Of course, under the 5th Amendment of the U.S. Constitution, people have the right not to make statements that implicate themselves in crimes. If Josh Doll took the stand, he could refuse to answer any questions that might implicate him in a crime.

Of course, if he wasn't involved in the crime, he would be compelled to testify truthfully to anything he knew.

An attorney we spoke to said that under court rules, neither the prosecution nor defense can call a witness they know in advance will take the 5th.

In yesterday's opening remarks, Cambria said that according to Scott Doll, Benaquist's dying words were, "The boy. The boy."  Some minutes later, Cambria said, Doll began to wonder if those words meant that Josh Doll was the killer.

Cambria used the concern of Scott Doll over the possible involvement of his son to suggest that Doll's state of mind may explain some of his actions and statements to Sheriff's deputies.

The trial restarted this morning shortly after 9:45 a.m.

Because of a prior commitment for Judge Noonan, today's trial session will end at 12:30 and resume Monday morning at 9:30.

A Le Roy resident admitted in Genesee County Court today that in September he broke into a Pavilion business and damaged property there.

Bryan M Hargrave, 23, of 61 Myrtle St., Apt. B2, Le Roy, was charged with three counts each of: burglary; burglary 3rd; criminal mischief; and petit larceny.

As part of a plea bargain this morning, Hargrave agreed to admit to one count of burglary, 3rd, and one count of criminal mischief.

As part of the plea arrangement, he faces a maximum of six months in jail and five years probation.

That sentence cap could be lost if he violates the terms of his release under supervision -- an issue that apparently had him in court for a review of his bail status this morning after he allegedly violated terms of his RUS recently.

“You understand that if you do the same thing tomorrow that you did last week, you could end up going to state prison," Judge Robert Noonan said.

"Yes, your honor," Hargrave replied.

Assistant District Attorney Kevin Finnell opened the hearing by noting that Hargrave had allegedly violated his RUS terms and, after consulting with his defense attorney Gary Horton, was now ready to accept a plea offer.

Hargarve admitted to breaking into Pavilion Drainage, 6630 Route 63, Pavilion. He was also accused of breaking into B.W.'s Bar, 11070 Perry Road, Pavilion, and Willow Bend Inn, 3489 W. Main St. Road, Batavia.

As part of his plea, Hargrave agreed to pay whatever restitution is required for all charged break-ins.

James Daniel Pontillo, 43, of Stafford, is charged with harassment, 2nd. Pontillo was arrested for an incident that allegedly occurred Feb. 17 at 5122 Clinton St. Road in Batavia. The Sheriff's Office news release says Pontillo allegedly "subjected a female to physical contact." No further details were released.

Aaron J. Allen, 21, of Batavia, is charged with trespass. Allen was arrested by State Police for an alleged incident on April 7. No further details were provided.

(name redacted upon request), 22, of Rochester, is charged with DWI and with driving with a BAC of .08 or greater. Felong was arrested at 3 a.m., Thursday by State Police on the Thruway in Pembroke following a single-car property damage accident.