batavia

Batavia PD, the Sheriff's Office and State Police are coordinating a commercial vehicle enforcement detail today at two locations -- Oak Street and Ellicott Street. All vehicles must pass through the checkpoints, but officers are specifically looking for enforcement issues related to commercial vehicles. Vehicles that need a more detailed inspection are directed either to a location near the Thruway toll booths or behind Falleti Ice Arena.

Smoke is showing from a train car that is stopped in the Upton Road area, Batavia.

East Pembroke fire is responding.

Mercy Flight has been dispatched to Area 51 for an injured motorcycle rider.

At the time of the dispatch the rider was unconscious.

East Pembroke fire is on scene.

UPDATE: Patient was airlifted to ECMC. 

Press release:

The Batavia Business Improvement District (BID) will once again hosts its 6th annual Batavia Wine Walk from 4 to 8 p.m. on Saturday, Oct. 3rd.

Tickets are now available for purchase at Adam Miller Toy and Bicycle (8 Center St.; 343-0584), T-Shirts, Etc. (37 Center St.; 345-1997), Valle Jewelers (21 Jackson St.; 343-3372), and The YNGodess Shop (73 Main St. 343-3170).

Tickets are $20/person which includes wine tastings at local businesses and a commemorative glass. VIP tickets are $30/person and include early admission at 3 p.m., wine tastings at local businesses and a commemorative glass and wine holder tote. Designated driver tickets are $5/person, which includes admission to the event with complimentary drinks and snacks at different participating businesses.

The event is a great way to bring people Downtown, enjoy the fall season, and get to know your local business persons. You must be 21 to participate and show proof of age at registration. Check Facebook for updates, wines, and businesses!

If anyone would like to help decorate the Downtown with fall decorations the weekend before, on Sept. 26th at 8 a.m., please contact Laurie at (585) 344-0900, e-mail LOltramari@DowntownBataviaNY.com, or LIKE us on Facebook at DowntownBataviaBusinessImprovementDistrict.

University Prep walked onto Woodward Field on Friday night with a reputation for being big, fast and athletic, and as a Class A team, the Griffins were expected to give the Batavia Blue Devils all they could handle.

Instead, the tables were turned. UPrep was a tough challenge for the defending Section V Class B champions, but even after giving up a couple of big plays, Batavia seemed to be in charge and never really surrendered that all-important intangible, momentum. 

Even so, this wasn't a statement game for the varsity squad, said running back Dom Mogavero.

"Every game is important to us," Mogavero said. "We work so hard, all the way from two-a-days, we've been working out since winter; we've all been together, doing the off-season work, and all of that just leads up to this game and then the next one. We just wanted to play as hard as we can, get a W and start the season right."

Mogavero once again proved to be a key part of the Blue Devils' effort on offense and defense, helping the Blue Devisl to a 33-26 victory. Offensively, he had 23 carries for 135 yards and two TDs. He had eight tackles.

QB Greg Mruczek was 13 for 18 for 124 yards and one touchdown.

Newcomer Ray Leach opened the game with a kick return for a TD and 110 total return yards.

Danny Williams, back on defense this year, had eight tackles.

Even for all the success on opening night, Head Coach Brennan Briggs wasn't entirely satisfied. The defense exposed a couple of weaknesses and missed some assignments. That left the fourth-year coach a little frustrated after the game, a fact he shared with his team.

“Obviously a win is a win, but we talk about improving ourselves every single week and I guess this is the baseline right here," Briggs said. "If we can improve our mistakes and tighten up some things we didn’t do right, I think we can get to where we need to be."

Picked as the preseason #1 small school team in Section V in a coaches' poll, Batavia has a schedule full of strong teams looking to knock down the top team, so Briggs said he expects the hard work to continue.

“It was great having to defend athletes like this because there is no doubt that they are very athletic and a very good football team,” Briggs said. “I’m proud of these guys because the next three weeks we play against teams that are very much like this.”

To purchase prints of these photos. click here.

You would have needed to get to out to Herb Neal's yard sale on Harvester Avenue this morning pretty early to buy this nice white casket. Neal said he sold it within 10 minutes, and a few minutes later he sold the military casket (below) he also had out.

He said he acquired the caskets in a trade.

His son Matthew is in the top picture.

A pole and wires are down in front of 56 Harvester Ave. They are blocking traffic. A female is trapped in her vehicle there and wires are around the vehicle. City fire is responding.

UPDATE 2:18 p.m.: City police are asked to respond to direct traffic.

UPDATE 2:30 p.m.: The second platoon is asked to respond to city fire headquarters. It appears that a train accidentally yanked the pole and wires down and the train is stopped on Harvester, blocking the roadway.

UPDATE 2:34 p.m.: There are two power poles down, one on each side of the train tracks. There are also two vehicles draped with live wires, both occupied. The roadway is blocked by a cargo train hauling tank cars manufactured by the adjacent Graham Corp. It appears the cargo train snagged the wires, bringing down the poles.

UPDATE 2:47 p.m.: National Grid crews removed the wires and the drivers inside the trapped vehicles were able to back out of their predicament and move to safe locations.

UPDATE 4:29 p.m.: City Fire is clearing the scene, but Harvester remains barricaded.

(Photos by Howard Owens.)

Batavia resident, decorated Iraq War veteran, author and former congressional candidate David Bellavia (center) will be the emcee for the annual Bidding on a Brighter Future Gala at Genesee Community College on Sept. 19.

The annual event is a fundraiser organized by the Kiwanis Club of Batavia to benefit the Child Advocacy Center and Justice for Children. In its fifth year, organizers expect to cap the initial goal of raising $150,000 for a new CAC center. The CAC is now in quarters on East Main Street and the money may be used for rehabilitation of that facility.

The event is in the Forum starting at 5:30 p.m. and includes live, silent and basket auctions, entertainment and food. Tickets are $50 per person or $400 for a table of 10. 

To make a donation, become a sponsor or purchase tickets, visit GLOWGala.org.

With Bellavia in the photo, District Attorney Lawrence Friedman and CAC supervisor Anne Bezon.

Rebecca L. Santiago, 29, of Main Road, Stafford, is charged with possession of stolen property, 4th, and four counts of identity theft, 3rd. Santiago allegedly stole a credit card from a person under her care while working as a health care provider in Livingston County. She allegedly possessed and used the card while in the Village of Le Roy and other jurisdictions multiple times. Santiago turned herself in to Le Roy PD and was issued an appearance ticket. Santiago was also arrested by the Sheriff's Office and charged with criminal possession of stolen property, 4th, and identify theft, 3rd. She allegedly used the stolen credit card to make purchases at Walmart.

Eric H. Pannell, 44, of Buffalo, is charged with DWI. Pannell was arrested at the Crosby's Gas Station in Corfu. Troopers reportedly observed a vehicle at the station and initiated an interview with one of the passengers. During the interview, another passenger was reportedly seen tossing a beer can out of the car. A trooper allegedly detected the strong odor of alcohol coming from Parnnell, identified as the driver. He was subjected to a field sobriety test and allegedly failed. At SP Batavia's barracks, his BAC was allegedly recorded at .17, more than twice the legal limit. He was jailed on $500 bail. Citations were issued for allegedly consuming alcohol in a motor vehicle and for littering.

Nicholas Morath, 26, of Bullis Road, Elma, is charged with DWI, driving with a BAC of .08, unregistered motor vehicle and speeding (55 in a 35 mph zone). Morath was stopped at 11:15 p.m. Thursday on Route 77, Darien, by Sgt. Ron Meides.

Eric J. Merritt, 26, of Rose Road, Batavia, is charged with criminal trespass. Merritt allegedly forced entry into a dwelling on Bank Street Road at 2 a.m., Wednesday.

Deborah Elizabeth LaMartina, 34, of Ravine Street, Rochester, was arrested on a warrant for first degree aggravated unlicensed operation, DWI and criminal possession of stolen property, 4th. She was arraigned in County Court and ordered held without bail.

Jose Antonion Martinez, 45, of Broadway Road, Alden, is charged with second-degree harassment. Martinez was being held in the Erie County Jail on an unrelated matter and was arrested on a warrant upon his release. He was arraigned and released on his own recognizance.

Taken today while returning from the accident in Alabama.

A car is reportedly entangled in wires from a power pole on East Saile Drive in front of the Genesee County Airport. A transformer was yanked down, too. The wires are believed to be live. Town of Batavia Fire Department is responding.

UPDATE 6:45 p.m.: Command on scene says responding unit can go back in service.

Press release:

The City of Batavia Water Department will be repairing a broken water main today on State Street. State Street will be closed to traffic from Denio Street to the City line until repairs are completed.

There will be a water service interruption for residents from Denio Street to the City line. Other residents in the area may experience low water pressure or discolored water, which should return to normal once repairs are complete.

UPDATE 5:14 p.m.: DPW sent us an update 15 minutes ago that said water was restored on State Street after a leak was fixed and now they are working to repair the road.

Unnamed, unknown for months, and whose death is shrouded in mystery, an infant who may never have drawn a breath in this mortal world, was memorialized Wednesday night in a candlelight vigil in Austin Park.

There were words of compassion for Christina M. Colantonio, the 28-year-old Liberty Street woman charged with murder in the second degree even as the District Attorney's Office hedges on its claim of sufficient evidence to proceed with a criminal complaint, and greater compassion expressed for the female infant who may have been stillborn, or may have been killed by her own mother, but either way, whose birth was reportedly kept secret, her body hidden in her mother's apartment for about three months.

"Tonight, we're not just out here to remember a life that really didn't have that chance (to make a decision for Christ)," said Pastor Jason Norton. "We're not going to see her pretty face run and skip in this world, and we're not going to hear her pretty voice, and we're not going to experience her here.

"But people, I tell you, she has been received into the heavenlies. I tell you, if you want to know her, then just accept Jesus and believe in him and one day you also will be there and you'll be able to embrace her."

After Norton spoke -- the last of several speakers -- the 40 or 50 people gathered carried their lit candles over to Norton's church in City Center for a reception.

Norton said their candles represented a light in this world to battle the darkness.

"I believe with all of my heart that what we're doing tonight is just not to remember her precious life, and that's why we're here primarily, but we're also here to make a bold statement to our city. We're here to make a bold statement to this region, to this community, that darkness and evil shall not prevail and have its way in this area. Amen. (Amen.) We are making a bold declaration tonight."

Earlier, Pastor Tim Young called on those assembled to pray for Colantonio and her family.

"We're here today to encourage each other," Young said. "We're here to help the family, to give them comfort in this time of need, to help them in whatever we can, to love them, as Christ loves us.

"I encouage each and every one of you in whatever way you can to reach out to this family, to Christina, also, because this lady, woman, needs lots of prayer," Young added. "She needs lots of prayer. The family needs lots of prayer. We need to help and support them in any way we can."

Tammy Arneth, of All Babies Cherished, expressed concern that an expectant mother in the community might not know of the free resources her agency provides.

The agency can help new mothers with emotional support as well as material needs, all for free, but new parents are expected to take some classes through the program.

"It breaks my heart that maybe Christina didn't know to come to see us," Arneth said, adding later, "We had more than 900 visits last year alone and obviously that wasn't enough, because if somebody in this community doesn't know to come to us for services, then we're not doing the job."

The donated stuffed toys will be given to Batavia PD so officers can hand them out to children who might need the tender care they represent in times of crisis.

Attendees had a chance to sign cards for the baby's family.

Pastor Tim Young

Pastor Jason Norton

Tammy Arneth speaking.

Stephanie Armstrong with a closing song.

Officials continue to refuse media requests for an explanation of why Christina M. Colantonio was charged with murder before all of the evidence was available to law enforcement.

District Attorney Lawrence Friedman has not acknowledged a request for an interview e-mailed to him last night and Colantonio's attorney, Public Defender Jerry Ader, refused to accept a phone call from a reporter this morning. Calls to Batavia PD are being referred to the District Attorney's Office.

Meanwhile, Colantonio has been scheduled to appear in court at 10:30 a.m., Sept. 23, for what's known as a "call" appearance. A call appearance is a chance for the judge to be updated on the status of the case.

The 28-year-old Liberty Street resident was charged with murder in the second degree Saturday following the grisly discovery of an infant's body in an ice cooler in her home.  

She was released from custody yesterday after the DA's office admitted there wasn't sufficient evidence to hold her.

Friedman stated in a press conference Saturday, and reiterated in a press release yesterday, that Colantonio was arrested and charged based on evidence he wouldn't discuss and witness interviews. The charging document filed with City Court indicated Colantonio made statements that were used as evidence for the arrest.

It was only after Colantonio's arrest that the infant's body was sent to the Monroe County Medical Examiner's Office for an autopsy. The autopsy revealed that it was impossible to determine if Colantonio, who apparently gave birth at home, delivered a live baby or if the baby was stillborn.

Without that critical piece of evidence, Friedman said, his office was unable to proceed with a grand jury presentation within the constitutionally mandated timeframe, so Colantonio was released from custody. The murder charge is still pending, however.  

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided."

Friedman is an elected official and Ader is appointed to his position by the County Legislature.

This orange tabby kept trying to get into the MedTech Center on R. Steven Hawley Drive (across from GCC) this morning. Workers there think it's a house cat who is lost. It's being kept at the nursing office. Call (585) 343-0055, ext. 6355.

Terrance Lee Falk, 17, of Woodsmeadow Lane, Brighton, is charged with third-degree assault and second-degree obstructing governmental administration. Falk allegedly engaged in a physical struggle with a corrections officer at the Genesee County Jail leading to an injury to the officer.

William John Velky, 34, of Bank Street, Batavia, is charged with driving while ability impaired by drugs, following too closely, passing on right and moving from lane unsafely. Velky was stopped at 5:08 p.m. Monday on Chapel Street, Elba, by Deputy James Diehl following a complaint of an erratic driver.

Cassandra Y. Dauber, 32, of Lock Haven, PA, Cindy L. Dauber, 58, and David T. Suzenski, 57, both from Phoenixville, Pa., are charged with trespass for allegedly entering Rolling Hills Asylum on Bethany Center Road without permission.

Andrew Charles Webster, 22, no permanent address, is charged with petit larceny. Webster is accused of shoplifting from Walmart. He was jailed on $500 bail.

City fire responded to a kitchen fire at 27 Tracy Ave., Batavia, this afternoon that caused an estimated $1,000 in damage.

The fire was reported at 4:38 p.m. and was deemed accidental, according to a press release.

Engine 11 arrived three minutes after the alarm and reported smoke showing. The residents evacuated.

Once inside, firefighters found a pot of grease on fire on the stove with flames extending into other combustibles nearby. The crew smothered the fire by putting a lid on the pot and used a fire extinguisher to knock down the remaining fire on a cabinet and wall paneling.

Crews were also able to locate and remove a pet rabbit from the home.

City fire remained on scene for about an hour checking for extension and ventilating the structure.

The estimated building damage is $200 and contents damage is put at $800.

The Batavia woman accused of murdering her own newborn baby and storing it in an ice chest for three months has been released from jail after the Monroe County Medical Examiner's Office was unable to determine whether a live birth occurred.

A charge of murder in the second degree is still pending against Christina M. Colantonio, 28, of Liberty Street, Batavia, but in a statement the office of District Attorney Lawrence Friedman said without being able to prove live birth, the prosecution is unable to make a presentation to a grand jury within the prescribed amount of time and so Colantonio is being released from custody.

"Circumstances present when the body was discovered are very indicative of the intentional homicide," Friedman's statement says. "However, in order to establish a homicide, we have to prove that a live birth occurred. Yesterday, we learned from the Monroe County Medial Examiner that, based upon their examination of the body, they were unable to conclude that a live birth occurred. This apparently is due in large part to the lengthy passage of time between delivery and discovery of the body."

In the charging document on file with Batavia City Court, some portion of the underlying evidence to sustain the charge of second-degree murder was based on statements made by Colantonio. None of those possible statements have been made public either through court documents or statements by authorities.

The DA's statement today says that Colantonio was arrested and charged after a "thorough investigation by the Batavia Police Department and included interviews with multiple witnesses."

Friedman's statement said neither he nor anyone in his office would answer media questions about the case given the fact that the murder charge is still pending and the investigation is continuing.

Colantonio was arrested Saturday and held without bail until her release today.

No date was provided for any possible future court appearance.

A two-car accident with multiple victims is reported at 4103 W. Main Street Road, just outside the city line in the Town of Batavia. A child is said to be trapped in the back seat. Town of Batavia fire is responding along with Mercy medics. A deputy is not available and so city police are asked to respond. The location is in front of WNY Fireplace Outlet and a woodworking shop.

UPDATE 1:44 p.m.: No injuries reported. Two people were in one vehicle. Three in another. A baby will possibly be transported to the hospital for evaluation.