batavia

It was 14 degrees and lake effect snow was falling, but Thomas Gilbert, who was riding home on Jackson Street, still said, "this is great weather for a bike ride."

There is a lake effect snow advisory in effect until 4 a.m. and a wind chill advisory in effect until 10 a.m.

Forecasters are calling for four to eight inches of snow with winds from the west at 15 to 25 mph.

A 4-wheeler is reportedly on fire inside the garage at 204 Naramore Drive. City firefighters are responding.

UPDATE 3:37 p.m.: A resident sprayed water on the blaze and firefighters doused it fully with an extinguisher. It's out and the city crew is returning to service. There was no extention into the house.

Darwin Zuniga-Rocha, Eliseo Mateo-Perez and Uriel Ramirez-Perez are accused of first-degree rape, a Class B felony. It is alleged that on Nov. 16, 2014, in the Town of Elba, they engaged in sexual intercourse with another person by forcible compulsion.

Nathan L. Royse is accused of first-degree burglary, a Class B violent felony. It is alleged that on July 9, 2014, he knowlingly entered or unlawfully remained in a dwelling on Wood Street in the City of Batavia with intent to committ a crime. In the course of the alleged crime, he or another participant is accused of causing physical injury to a person who was not a participant. In count two, Royse is accused of second-degree assault, a Class D violent felony, for allegedly causing physical injury to a person not participating in the commission of a felony or attempted felony.

The four men named in these Grand Jury indictments are to be arraigned in Genesee County Court on Thursday.

Press release:

City Bureau of Maintenance crews have started picking up Christmas trees. We will continue to pick up trees through Jan. 30. City residents are asked to place their trees in the parkway without bags, stands, or decorations as these can damage equipment. Please keep trees free of snow and ice so they are visible.

An appeal denied this morning will keep Dashawn Butler locked up, at least pending further appeals.

A jury found Butler guilty Nov. 21 of guilty of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

Judge Robert C. Noonan sentenced Butler to eight years in prison Dec. 22.

Attorney Thomas Burns filed a motion for a stay of his client's sentence pending and the appeal was heard in a telephone conference call this morning with Justice Eugene Fahey, NYS Appellate Division, Fourth Department. 

District Attorney Lawrence Friedman and Burns argued their positions with Fahey, and Fahey issued his ruling at the hearing's completion.

Butler was transferred from the Genesee County Jail to the Department of Corrections on Friday, and Fahey ruled Butler will stay in the prison system while his other appeals move forward.

A new attorney will be appointed to Butler for the appeal process.

Ricky N. Porter Jr., 24, of Gilbert Street, Le Roy, and a 16-year-old male from Brighton (name not released by Le Roy PD), were charged with assault, 3rd. Porter and the teen allegedly punched another person numerous times, causing facial fractures, swelling and lacerations. The victim required hospital treatment. The teen was also charged with criminal mischief, 3rd. It's alleged that after turning himself in at Le Roy PD headquarters, he punched a window, damaging the window and hurting himself. After being treated for the injury, he was arraigned on both charges and jailed on an unspecified amount of bail.

Renee L. Coughlin, no age provided, of Bergen, is charged with DWI and criminal possession of a weapon, 4th. Coughlin was stopped by State Police in Olean. During the investigation, troopers allegedly found she was carrying a stun gun.

Joseph B. Hogan, 75, of Corning, is charged with federal criminal tax fraud, 4th, and possession of unstamped cigarettes. Hogan was stopped on Route 77 in the Village of Corfu by Officer Michael Petritz for allegedly driving 47 in a 35 mph zone.

William James Bick, 25, of Dorman Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Bick was stopped at 2:33 a.m. Dec. 27 on Oak Orchard Road by Sgt. Thomas Sanfratello.

Laticia S. Anderson, 29, of Wilson Street, Rochester, is charged with harassment, 2nd, and menacing, 2nd. Anderson was allegedly involved in a fight at 16 Bank St., Batavia, at 10 p.m. Sunday. She was jailed on $1,000 bail.

Katie Rose Wishman, 29, of Ross Street, Batavia, is charged with petit larceny, possession of a hypodermic instrument and criminal possession of a controlled substance. Wishman is accused of shoplifting from Dollar General. She was allegedly found in possession of a hypodermic needle and a small amount of crack cocaine upon her arrest.

Cody David Cutitta, 28, of Broadway Road, Alexander, is charged with criminal possession of stolen property, 4th, petit larceny, identity theft, 3rd, and forgery, 3rd. Cutitta allegedly used a credit card without authorization to obtain goods and services at two locations in the City of Batavia and one in the Town of Batavia.

Crystal L. Marsceill, 34, of Oak Street, Batavia, was arrested on warrants for alleged failure to appear on an aggravated unlicensed operation charge and on a grand larceny charge. She was jailed on $5,000 bail.

UPDATE: Marsceill was also arrested in Wyoming County. Marsceill was reportedly a passenger in a vehicle stopped at 2:58 a.m. Saturday on Route 19, Warsaw. A deputy asked for her name and birthdate to perform a warrant check and was told she would be arrested if she lied about the information. Marsceill allegedly gave an incorrect first name. The deputy found a felony warrant for her arrest out of the City of Batavia. She was charged with false personation and turned over to Batavia PD.

Erica M. Raphael, 30, of Oak Orchard Road, is charged with petit larceny. Raphael allegedly stole merchandise from Dollar General.

Casey J. Halsey, 34, of Silver Lake, is charged with aggravated harassment. Halsey was arrested in the Town of Batavia by State Police for an alleged incident reported at 10:30 a.m. New Year's Day. Halsey was held on an unspecified bail. No further details released.

Andrea L. Osborne, 30, of Albion, is charged with DWI and driving with a BAC of .08 or greater. Osborne was stopped at 10:20 p.m. on New Year's Day in the Town of Batavia by State Police.

The New Year's Eve party at City Centre to celebrate Batavia's centennial has given rise to a new point of contention between the city and the Mall Merchants Association.

While there is a long simmering dispute over who is responsible for a troubled roof and other repairs to the structure, and with a city-filed lawsuit pending over alleged unpaid rents, Mall Director Madeline Bialkwoski says you can now add "trespass" the the association's list of complaints.

Prior to Wednesday's event, Bialkowski sent a letter to City Manager Jason Molino that said as far as the association was concerned, using a portion of the mall concourse for a dance floor and photo studio was never authorized by the association.

"Therefore, we are once again letting you know that you do not have permission to use our insured and leased concoure space for your New Year's Eve Celebration and respectfully request that the City gate remains closed and locked," Bialkowski wrote to Molino.

Reached at his office this afternoon, Molino said, "We own the mall."

Asked if that isn't a bit like a landlord saying "I'm going to use your house for a party," Molino said there's a difference between a residential property and a commercial property. The city owns the space and therefore doesn't need the permission of the merchants to use it.

Bialkowkski said the association's big concern is over its insurance. She said the association's policy, like most mall policies the past few years, forbids the consumption of alcohol in the concourse.

"It voids our insurance," she said. She's concerned, she said, that now that the party has taken place, what the ramifications might be for the association's policy.

Molino said the city had insurance to cover the event.

"We had everything we needed in place," Molino said.

The event included a cash bar in the second floor community room and partygoers were free to carry drinks, if they wished, into the portion of the concourse being used for the party.

Bialkowski thinks the conflict could have been resolved if the organizers had been willing to put up signs and station one or two people in the stairway to ensure drinks were not carried down stairs.

"There justification is that they had insurance," Bialkowski said. "A million dollar policy with an additional insured is nothing in today's atmosphere."

Bialkowski said she first alerted Vibrant Batavia to the potential problem as far back as August and raised concerns then.

Leanna Di Risio, of Vibrant Batavia and a member of the Centennial Committee, wrote a letter to Bialkowski on Nov. 7 outlining celebration plans and requesting the mall association's support of the celebration.

The association's operating committee voted Dec. 4 to deny the committee permission for use of the space. (Dec. 4 is a late date for such a decision, Bialkowski admits, but said the committee couldn't meet in November because of travel and vacations of members).

The city has filed a suit against the merchants claiming the association owes more than $800,000 in back rent for the concourse.

As for the claim of trespass, Molino said, "The mall merchants are just being obstructionists."

Bialkowski said she realizes she could have called the police on the trespass complaint, but felt that would just be unfair to any officer who responded, putting the officer in awkward position.

"No one here wanted to ruin the event," Bialkowski said.

Press release:

United Memorial Medical Center is pleased to welcome the Genesee County New Year’s Baby for 2015. Kynlee Lynne Holland, a baby girl, was born to Jonathon and Danielle Holland of Pavilion, NY on Thursday, January 1st at 1:25 a.m. at United Memorial Medical Center in Batavia. She was delivered by certified midwife, Kim Danser, CNM. Baby Kynlee weighed 7 pounds, 6 ounces and was 19-inches long. She is the second daughter for the new parents. She has a sister, Makenna, age 6, waiting anxiously for her at home.

Both parents work in shipping and receiving. Mrs. Holland is employed at Walmart in Batavia, NY and Mr. Holland works for Quaker Muller Dairy in Batavia, NY.

As the New Year’s baby, Kynlee and her parents received a $200 gift card to Target, an engraved feeding spoon, books and a touchless thermometer from United Memorial Medical Center.

In 2014, there were 646 babies delivered at United Memorial.

Brandon P. Matteson, 18, of Dutton Road, Silver Springs, is charged with burglary, 3rd. Matteson is accused of stealing from a locked concessions stand in an Oakfield Park.

Gary D. Piazza, 59, of Jackson Street, Batavia, is charged with petit larceny. Piazza is accused of shoplifting from the gas station at 99 Jackson St., Batavia.

Michael B. Neth, 37, of Summit Street, Batavia, is charged with harassment, 2nd. Neth allegedly pushed another person to the ground. The alleged incident was reported at 11:15 p.m., Saturday. 

Steven R. Columbo, 28, of East Main Street, Batavia, is charged with assault, 3rd. Columbo allegedly grabbed the arm of another person hard enough to cause dark bruising and substantial pain. The alleged incident was reported at 9:51 p.m., Wednesday.

A 16-year-old resident of Dellinger Avenue was charged with trespass. The youth was allegedly on property on Liberty Street without permission. Also charged with trespass at the same location was Destiny N. Green, 18, of Walnut Street, Batavia.

David Mobley Schmieder, 20, of Silver Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and moving from the lane unsafely. Schmieder was stopped at 2:37 a.m. Thursday on Erie Street, Darien, by Deputy Andrew Hale.

A vehicle that was apparently doing donuts in the parking lot has struck the Marshall's building on Veterans Memorial Drive and is attempting to leave.

The vehicle was last seen, possibly, attempting to leave the Clarion Hotel parking lot on Park Road.

It's described as a small, white SUV.

UPDATE 10:21 p.m.: A suspect vehicle has been stopped.

UPDATE 10:23 p.m.: A deputy reports a very small amount of damage to a pillar in front of the store, with skid marks leading up to it.

UPDATE 10:24 p.m.: Registration comes back to a residence in Holley.

UPDATE 10:25 p.m.: State Police confirms it believes it has the driver.

UPDATE 10:27 p.m.: A trooper is asking the deputy on scene to look for a license plate that may be missing off the vehicle. A female is in custody.

An accident with a minor injury is reported at Clinton Street and East Avenue, Batavia.

A person has a cut.

City fire and Mercy EMS dispatched.

Cold, wind, snow, seems to have kept a lot of people away from the City of Batavia Centennial Celebration on Wednesday night, but those who braved the elements, there seemed to be plenty of fun to go around.

There was a bonfire and entertainment in what organizers dubbed Centennial Plaza in the parking lot of St. Mary's off Evans Street, and a swank party for those who bought tickets inside City  Hall.

To purchase prints, click here.

Kind of like old vaudvillians, fireworks operators say "the show must go on."

Yes, it's cold, it's snowing, and we may get a bit of wind, but there will be a fireworks display in the City of Batavia tonight at 10 p.m. (Batavia Downs is also planning a display at midnight).

There will be three and four inch canisters used in the downtown display, and those lager ones could get obscured by the clouds, but otherwise, we should expect a good 18 minute show, a technician told me.

A three-vehicle accident, unknown inuries, is reported at the corner of West Main Street Road and Wortendyke Road. Mercy medics and East Pembroke Fire Department are responding.

UPDATE 3:08 p.m.: A responder reports heavy traffic there and says the accident is blocking the roadway.

UPDATE 3:11 p.m.: Fire Police are called to handle traffic.

UPDATE 3:43 p.m.: The East Pembroke assignment is back in service.

In August, City Fire Chief Jim Maxwell announced plans to equip medics in his fire department with Narcan, a drug that can potentially save the life of a person who has overdosed on heroin or other opiate-based drugs.

Saturday, for the first time, a life was saved in the city when a firefighter administered Narcan to a middle-aged female resident.

The woman apparently overdosed on heroin.

The firefighter, Ryan Whitcombe, said the call came in shortly after noon Saturday for an unresponsive female.

When firefighters arrived, they found the woman unconscious on the floor of her residence. She wasn't breathing.

Whitcombe was informed by others at the residence that the woman may have suffered a narcotics overdose.

After consulting with other first responders, he agreed the best course of action was to administer Narcan, generically known as naloxone hyrdochloride, which he sprayed into the woman's nostrils.

The fast-acting drug did its job.

"Over the period of a minute or two, her breathing started to come back," Whitcombe said. "Little by little her breathing came back to the point where she became conscious and was breathing on her own without assistance."

When a person ODs on heroin or an opiate-based prescription medication, the drug shuts down brain function that controls breathing. The person literally forgets to breath. Narcan stimulates that portion of the brain and the person will start breathing again.

As Maxwell explained to council members in August, there's no known downside to administering the life-saving drug.

"If it's not an opiate overdose, you can't hurt the patient," Maxwell said. "You can't overdose on it or anything along those lines, so if it's a false recognition and they administer it, it doesn't do anything to the patient."

Narcan, clinically considered "an opioid antagonist," can also be used to revive people who have overdosed on prescription medications that are opiates.

"Centennial Plaza," in the St. Mary's parking lot on Evans Street is just about all ready for tonight's revelers as Batavia celebrates the 100th anniversary of its incorporation. 

Fireworks are planned for 10 p.m. and will be launched from behind the fire hall.

There's plenty of wood ready for the bonfire.

Jeffrey Deats, the Batavia resident arrested Dec. 18 following the investigation into the death of a 6-month-old boy, died Monday, Batavia PD announced this afternoon.

Deats was found hanging from a bed sheet in his Genesee County Jail cell the night of Dec. 21. CPR was performed by jail staff and Deats was transported to UMMC and later ECMC.

As a result of his death, the criminal case against Deats is closed, Chief Shawn Heubusch said.

Chandler Zuchs died Dec. 14 while in the care of Deats.

At the time, Deats believed he was the father of Chandler, though after his arrest, DNA test results surfaced that showed an Albion resident was the infant's father.

In his statement to police during the investigation, Deats said the boy's mother, Michelle Zuchs, of Tonawanda, alternately told Deats he was the father and wasn't the father, and finally told him she had DNA test results back, apparently leading Deats to believe he was the father.

One account Deats gave of how Chandler may have suffered brain damage, which was the cause of the baby's death, was that he fell down the stairs of his Olyn Avenue home while carrying Chandler.

Deats was 28 years old.

For previous coverage, click here.