batavia

Terrance M. Schramm, Terrence D. Johnson, and Leonard A. Johnson III are indicted for the crime of first-degree gang assault, a Class B violent felony. On April 29 in the area of 27 Holland Ave., it is alleged that these three men, with intent to cause serious physical injury to another person, and when aided by two or more other persons actually present, caused serious physical injury to a third person. In count two, the defendants are accused of the same crime, by means of a dangerous instrument -- footwear and/or brass knuckles or some other handheld hard object.

Kerri Lynn Forsberg is indicted for the crime of second-degree attempted assault, a Class E felony. It is alleged that on July 6 at United Memorial Medical Center in the City of Batavia, Forsberg, with intent to cause physical injury to a registered nurse, attempted to cause such injury while the nurse was performing an assigned duty.

Eric R. Westermeier is indicted for the crime of driving while intoxicated as a Class D felony. He is accused of operating a 2004 Dodge on March 8 on Erie Street in the Town of Darien while intoxicated. In count two, he is accused of having a BAC of .08 or more at the time as shown by a breath analysis. In count three, he is accused of driving while his ability to do so was impaired by the combined influence of any drug or drugs and alcohol, as a Class D felony. In counts four and five, he is accused of first-degree aggravated unlicensed operation for knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and yet he was driving a motor vehicle and doing so under the influence of alcohol or a drug.

Brock T. Barry is indicted for the crime of driving while intoxicated, as a misdemeanor. He is accused of operating a 2013 Jeep on March 22 on Route 77 in the Town of Pembroke while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a misdemeanor, for having a BAC of .08 or more at the time. In count three, Barry is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing or having reason to know that at the time his driver's license was suspended, revoked or otherwise withdrawn by authorities, and yet he was driving a motor vehicle and doing so under the influence of alcohol.

Press release from City fire Lt. Jeff Whitcombe:

The City of Batavia Fire Department will be flushing fire hydrants on Thursday, Aug. 20, and Friday, Aug. 21, from approximately 9 a.m. to 3 p.m. in the general area South of West Main Street and West Jackson Street, including Walnut Street, Pearl Street and South Main Street. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Gerald John Wiesmore, 47, of Herkimer Road, Darien, is charged with insurance fraud, 3rd, attempted grand larceny, 3rd, and falsely reporting an incident. Wiesmore allegedly reported his 2009 Ford F-150 as stolen and then attempted to file an insurance claim well in excess of $3,000.

Kayla Wethington, 26, of Batavia, is charged with grand larceny, 4th. Wethington allegedly stole more than $1,000 from a family member’s purse at a residence in the Town of Bethany.

Ryan A. Ballard, 23, of Dundee, is charged with DWI, speeding, failing to keep right and improper turn. Ballard was stopped on Harper Road, Darien, by State Police. Ballard allegedly failed the standardized field sobriety test.

Matthew S. Martin, 31, of Canandaigua, is charged with DWI, failure to keep right and excessive window tint. He was stopped on Colby Road, Darien, by State Police. Martin allegedly had a BAC of 0.08. 

Joseph A. Andrese, 28, of Rochester, is charged with DWI, speeding, moved from lane unsafely and driver-no seatbelt. Andrese was stopped on State Route 77,  Corfu, by State Police. Andrese allegedly failed a standardized field sobriety test. He was allegedly found to have a BAC of .15.

Jorge Cortes, 25, with no permanent address, is charged with assault, 3rd, strangulation, 2nd, intimidating a witness, 3rd, criminal possession of a weapon, 4th (non-citizen), and criminal mischief, 4th (preventing emergency assistance). Cortes is allegedly an undocumented person from Oaxaca, Mexico. He is accused of being involved in a domestic incident. He was jailed without bail.

Alex J. Ianita, 21, of Bank Street, Batavia, is charged with endangering the welfare of a child, unlawful imprisonment, assault, 3rd, petit larceny and robbery, 2nd. Ianita was allegedly involved in a domestic incident. He was jailed without bail.

Jimpce J. Etienne, 39, of Warren Street, Batavia, is charged with DWI and open container. Etienne was stopped at 4:16 p.m. Saturday on Jackson Street by Officer Marc Lawrence.

A 17-year-old resident of Walnut Street, Batavia, is charged with resisting arrest. The youth was taken into custody on three separate City Court warrants. He was handcuffed and placed in the back of a patrol vehicle. He allegedly attempted to break free from police, pushing past them. He was subdued and transported to police headquarters where he allegedly caused an ongoing disturbance, kicking walls, doors and other furnishings in the holding room.

Johnnie M Waston, 32, of Dodge Street, Batavia, is charged with attempted assault, 2nd, and endangering the welfare of a child. Waston is accused of grabbing a youth by the legs causing the youth to fall to the ground. The mother of the youth confronted Waston and Waston allegedly threw a glass bottle at her, hitting her with it.

Jacy William Lennon, 39, of Empire Boulevard, Rochester, is charged with issuing a bad check. Lennon was arrested on a warrant and posted $500 bail.

A 16-year-old resident of Vine Street is charged with petit larceny. The youth is accused of stealing food from Dollar General.

John A. Thomas, 50, of State Street, Batavia, was arrested on a warrant for alleged failure to abide by release conditions. 

Kimberly A. Brodsky, 23, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 17-year-old resident of South Swan Street, Batavia, is charged with petit larceny. The youth is accused of stealing a drink from Dollar General (name withheld by Batavia PD).

Willie A. Saab Jr., 41, of West Main Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, criminal mischief, 4th, and endangering the welfare of a child. Saab was arrested on a warrant. He was also arrested on charges stemming from an alleged domestic incident on Prune Street on Aug. 11. He was jailed without bail.

Matthew D. Derrick, 30, of Batavia, is charged with criminal contempt, 1st. Derrick allegedly violated a stay away order of protection. He reportedly has a prior criminal contempt conviction in the past five years, making the new charge a felony. He was jailed without bail.

Chad Daniel Crawford, 37, of McKenzie Street, Bergen, is charged with assault, 3rd. Crawford was allegedly involved in a domestic incident. Crawford allegedly grabbed another person and pushed the person's head into a sink.

Four Batavia PD patrols responded to the Columbia and East Avenue area of the city for report of a disturbance involving multiple individuals around 10 p.m.

There was a search for a subject, who was found and detained in the back of a patrol car, but subsequently let go after the person identified as the victim declined to pursue a criminal complaint.

Also, a witness provided a suspect description that differed from the alleged victim, said Sgt. Chris Camp.

Camp said there may be a history, though unconfirmed at this time, of the "victim" and the other individuals involved and an alleged petit larceny of property from a front porch.

A witness told The Batavian there were racial slurs thrown about and there may have been a verbal confrontation that precipitated the larger melee. 

Camp said there were no injuries as a result of the conflict.

Officers were clearing the scene at 10:45 p.m.

There's a fine line between arrogance and cockiness. Confidence can breed complacency. Desire can succumb to expectations that lead to a catacomb of missed opportunities. A season can unravel in the difference between resolve, determination and grit versus just showing up and settling for an "I tried" shrug and a "pass the Gatorade." 

It's that difference Batavia Blue Devils Head Coach Brennan Briggs must negotiate as he heads into the 2015 season leading a team that a year ago, by all accounts, shouldn't have won a sectional title but did, and now is stocked with talented, seasoned seniors who are talking about a repeat on the first day of practice.

"That's going to be biggest battle I'm going to be fighting this season is telling these guys the 2015 football team hasn't won a single game yet together," Briggs said. "Last year, yes, we won a championship, but we were fortunate. We had 24 kids. We stayed healthy. We had zero injuries. We caught quite a few breaks and we made some big plays when we needed to. Nothing is guaranteed. It's very, very difficult to win a back-to-back championship, so honestly I don't like that they're talking about championships or anything like that."

The Blue Devils start pre-season camp with 31 players, and 18 of them are seniors. Some of them are stars if not solid contributors. Greg Mruczek is back at QB. He'll be joined offensively by Trevor Sherwood, Malachi Chenault, Adonis Davis, Anthony Gallo, Dominick Mogavero and Noah Dobbertin.

The depth and versatility is noticeable to the players and they can't help but talk of a repeat.

"We're ready to step back up," Mogavero said. "I feel like the whole team is ready to step up its game."

Gallo agrees.

"We're definitely after another championship," Gallo said. "I feel like we're all ready for it. I feel like that's everybody's goal. We want to win and we just want to get back where we were last year."

Briggs wants to see his players focus on getting better every day. Every day, they play against a faceless opponent on their own internal clock and only they know the score, but the outcome of those matches will determine what happens on Friday nights.

While Briggs wants to tap down the championship talk, he also gets that he's dealing with a group of confident kids, and it was confidence that carried this team from a tough opening loss in 2014 against Livonia through big wins to close out the season and bring Batavia its first sectional title in football since 1991.

Briggs calls it "swag," a characteristic the coach talked about as the wins began to pile up last season.

"I do appreciate that they do have a little bit of swag to them, I guess you could call it that, and it is good, because as we found out last year, we were in some tight games toward the end and that kind of pushed us though," Briggs said. "They had confidence that they could get the job done. I think with all of their off-season work and the commitment they've put into the program, and the buy-in, that does help with every single game, day-in-and-day-out, to know that we have what it takes to win a championship, but saying it and feeling it is a little bit different than going out and doing it."

At the end of Monday's workout, Briggs had a straightforward message for his team: "You have a target on your backs."

If the 2014 team was one that came into the season just hunting for a few extra wins, it's now the team to beat for every local gridiron warrior in helmets and pads.

"Nobody is going to give you anything - nobody," Briggs said. "Nobody is going to say, 'Ah, we're playing Batavia, we're going to back down.' Everybody who plays us is going to want to beat us because it might make their season. That might be it. On their calendars, there might be a star, 'We've got a shot to prove something. We've got a shot to beat Batavia. They think they're on top right now. We're going to go out and show everybody else that we're better than them.' "

But the players do think they're better, maybe not yet better than University Prep, better than Wilson, better than Penn Yan and better than Geneva, but they believe they're better than last year, and that's the team that marched through that championship season with a lot of swag.

"Really, I expect to win another championship," Wilson said. 

His job, as he sees it, is to help keep his teammates focused on that goal and fired up for every minute of every practice, because that's what wins games.

"The seniors want to make it happen again, so there's a lot of pressure to do it again," Davis said.

There's peer pressure, then there are community expectations, something Mruczek acknowledges. 

"This community has a lot of expectations," Mruczek said. "With me being the senior quarter people think I need to step up as a leader and I've been trying to do that more; lead this team in the right direction to win another championship. My goal is to put in another solid season, do my 1/11th on the offensive side of the ball and lead this team to another championship."

Briggs thinks Mruczek is ready for the challenge. He isn't a player, the coach said, who worries about his own stats. He gets ready for each game, each play, and knows what his role his.

"He knows how to keep a level head on his shoulders," Briggs said. "I've never questioned his competitive edge or how hard he works, so I'm not too worried about anything like that. He knows what his job is -- go out there and manage the game and be a leader, and hopefully make some big plays when he needs to."

If all eyes are on him as the senior QB, Mruczek is fine with that role, he said.

"I like the pressure," Mruczek said. "I'm confident in this team. We've got a lot of guys with a lot of confidence. I don't really feel any pressure right now. I'm out here having fun my senior year."

A motor-vehilce accident with unknown injuries is reported at 427 E. Main St. in Batavia. City firefighters and Mercy medics are responding.

A man who stole $6,000 from the bedroom of an acquaintance admitted in County Court today to one count of fourth-degree grand larceny and faces a possible term of one to three years in state prison.

Benjamin J. Bullard, 28, of Maple Street, is out of jail under supervision of Genesee Justice until his sentencing Oct. 13.

Bullard has a prior conviction for grand larceny in City Court; he entered that plea in October.

He was arrested earlier this month on the grand larceny charge, accused of stealing the $6,000 from a residence on Swan Street while the occupant was on vacation.

A Stafford resident accused of dealing drugs in a parking lot off Main Street, Batavia, in March, admitted in County Court today to one count of criminal possession of a controlled substance, 5th.

The plea deal means a possible prison term for Joseph C. Wind, 45, of Horseshoe Lake Road, Stafford, of two to five years.

Wind was observed by members of the Local Drug Task Force participating in a drug deal and was arrested following a traffic stop. 

Investigators found Wind in possession of heroin.

Sentencing is scheduled for 9:30 a.m., Oct. 14, in County Court. He is being held on $50,000 bail.

A 23-year-old Batavia resident will spend three-and-a-half years in prison as the result of his guilty plea last month to one count of criminal possession of a narcotic drug with intent to sell.

Dillion M. Brito, with an address on Highland Park at the time of his arrest in June, was sentenced in Genesee County Court today by Judge Robert C. Noonan.

Brito was arrested in the parking lot of Kibbe Park after being found with a quantity of crack cocaine.

Upon his release from state prison, Brito will be on two years post-release supervision.

Press release from City fire Lt. Martin Hinz:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Aug. 18, from approximately 9 a.m. to 3 p.m. in the general area of West Main Street, Oak Street and Richmond Avenue. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

A car struck a gas pump at the Citgo Station at 16 Clinton St., Batavia. No injuries. The vehicle is leaking fluids, but it's not yet known if the gas pump is leaking. Town of Batavia Fire Department is responding.

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Joey Belladonna, lead singer of the metal band Anthrax and native of Oswego, brought his cover band Chief Big Way to Center Street Smoke House on Friday night. The room was packed with fans as the trio, with Belladonna on drums, powered through big rock hit after hit. Tom Mazurkiewicz, who became friends with Belladonna after meeting him at Darien Lake, helped arrange the appearance.

For local Dunkin' Donut franchisee Mike Mikolajczyk, he thinks he's found the perfect location to open up a second shop, but the problem is, for the second time, land-use planners disagree.

In September of last year, the City Planning Board listened to objections raised by nearby residents and rejected a plan for a donut shop on West Main Street on a small lot between Five Star Bank and Barrett's Batavia Marine.

Mikolajczyk and his architect presented a new plan that they hope addresses traffic flow concerns to the Genesee County Planning Board, but the board voted to recommend disapproval of the site plan.

That doesn't kill the project. The City Planning Board can still approve the plan with a majority-plus-one vote.

The revised plan, said architect Kip Finley (photo), would allow for eight cars in queue before backing up into the parking lot, and the parking lot could accommodate an additional five cars before they would start backing up onto West Main. 

Mikolajczyk's existing Dunkin franchise location, on West Main and Ellicott Avenue, captures mostly westbound commuter traffic in the morning. The proposed new location, said Finley, would help the small business owner capture more business from eastbound commuters.

With the recommended disapproval, it's back to the drawing board, Mikolajczyk said, to try and come up with a project that planners will favor. It's important enough to him, he said, to keep trying.

"It's a good location for the type of business we are," Mikolajczyk said. "That's the best location. I don't want to do a location just for the sake of putting another one in, another Dunkin' in. I want to make sure I have the right location."

Other County Planning Board recommendations:

• Approval of an area variance for a new barn in the front yard of 10528 Pavilion Center Road. The proposed barn meets setback requirements, but the Town of Pavilion's zoning code doesn't permit front yard accessory buildings. County planners said the proposed barn is not likely to have significant community-wide or local impacts and there are other properties in the area with front yard accessory buildings;
• Approval with modifications for a special use permit for a restaurant as an accessory business to proposed hotel at 7758 E. Main Road, Le Roy. Planners want to see more parking for the business;
• Approval for a solar array at 6332 Byron Holley Road, Byron;
• Disapproval of a proposed subdivision for a 17-lot subdivision on Fieldcrest Drive, Corfu. Planners found the proposed subdivision plans do not comply with existing code because of a lack of detail in the plans. Planners also expressed concern about the lack of protection for federally identified wetlands on lots 9, 10, 16 and 17;
• Tabled consideration of a variance for fence height at 8903 Route 237, Stafford. Planners were concerned about the lack of detail. The application lacked plans and pictures. Property owner James Pontillo said he turned in all of the required documents to the Town of Stafford. If he did, the documents were not forwarded to the County Planning Department. Pontillo said he would have his attorney provide the materials by the board's next meeting.

Jason L. Perry, 20, of Batavia, was arrested for criminal mischief, 4th, after he allegedly caused damage to the apartment door and frame after a verbal argument with his roommate, according to State Police. Perry was issued an appearance ticket for Town of Byron Court on Aug. 17.

Kristen M. Stedman, 43, of Blue Aspen Way, Greece, is charged with petit larceny and failure to notify the DMV of a change of address. She was arrested Aug. 12 after Batavia Downs employees allegedly witnessed Stedman stealing alcoholic beverages from the kitchen of one of the restaurants. She was jailed in lieu of $1,000 bail. The case was handled by Batavia PD officers Peter Flanigan and Felicia DeGroot.

Meghan M. Ward, 20, of Auburn, was arrested for unlawful possession of marijuana. Ward was a passenger in a vehicle that was stopped for an improper left turn at the main entrance to Darien Lake Amusement Park. Troopers detected a strong odor of marijuana coming from the vehicle. Further investigation allegedly revealed Ward had in her possession a plastic container containing a marijuana cigarette with less than one gram of marijuana, a multicolored smoking device containing marijuana residue and a metal grinder containing loose marijuana. Ward was issued an appearance ticket for Town of Darien Court on Aug. 18. The operator of the vehicle was issued a traffic ticket.

Peter T. Bannon, 55, of East Berne, was arrested for criminal possession of marijuana and commercial vehicle violations when he was stopped on State routes 77 and 5 in Pembroke on Aug. 11. An investigation allegedly revealed about two and a half ounces of marijuana is his possession, according to State Police. He was jailed on $1,000 bail is set to be in court Sept. 8.

Dekota S. Leiser, 23, of Linwood Avenue, Warsaw, is charged with third-degree aggravated unlicensed operation of a motor vehicle after being arrested Aug. 13 on a warrant from Batavia City Court. Leiser allegedly failed to appear on the July 11 AUO, 3rd, charge, so the warrant was issued. Leiser was jailed in lieu of $500 bail and is due back in City Court Aug. 20. The case was handled by Batavia Police Officer Christopher Lindsay.

Christine M. Cordes, 30, of East Main Street, Batavia, was arrested Aug. 13 on a bench warrant for allegedly failing to appear on a traffic ticket issued Jan. 25 for third-degree aggravated unlicensed operation. She was jailed in lieu of $500 bail. The case was handled by Batavia Police Officer Jamie Givens.

Friends of the Batavia Peace Garden will hold a pasta dinner fundraiser on Thursday, Sept. 17th, at the Morganville United Church of Christ, located at 8466 Morganville Road, Stafford. Eat in or take out. Time is 4 to 7 p.m.

Tickets are: $8 --presale; $9 at door; $5 -- age 10 and under.

To get tickets in advance, contact:

Dona Palmer
585-297-2230
E-mail:  donamariepalmer@yahoo.com

The Batavia Area Jaycees 29th Annual Labor Day Run & Walk will be held on Monday, Sept. 7, starting at MacArthur Park in Batavia.

The route is USA Track & Field certified (#NY-06038-JG).

Participants should check in between 8 and 9:30 a.m.

Registration fee for runners is $12 if pre-registered and $15 afterward, including day of event. Walkers can register for $10.

The first 100 participants will receive a free T-shirt and awards will be presented to the top finishers.

Registration forms are available online at www.bajny.com and this year you can register online at Score-This. A direct link is:

https://reg.score-this.com/regx/step1.jsp?eventID=1508

The race committee is actively seeking sponsors as well as promotional items for the participants' bags for this event. If you are interested in learning more about sponsorshio, please leave a message at 585-343-5775 or e-mail to bajny@yahoo.com

A bicyclist was reportedly struck by a vehicle at West Main Street and Redfield Parkway. No word on injuries. Mercy medics are responding.

UPDATE 12:26 p.m.: A responder reports no injuries. Nothing blocking traffic.