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Possible structure fire reported in barn on West Saile Drive

By Howard B. Owens

A possible structure fire is reported at 4535 W. Saile Drive, a barn behind Michelle's Bakery.

Smoke is seen coming from the structure.

Town of Batavia fire dispatched.

UPDATE 7:28 a.m.: A chief on scene reports the fire may have burned itself out. Responding units can come in non-emergency.

UPDATE 7:30 a.m.: It turns out to be a vehicle fire. The vehicle has been removed from the building. The structure is not involved.

UPDATE 7:37 a.m.: Fire is knocked down. Assignment being held to Engine 24.

UPDATE 8:14 a.m.: Town of Batavia back in service. Fire contained to vehicle. Smoke damage to the building.

Photos: GSO begins tune-up for Feb. 16 concert at St. James

By Howard B. Owens

Members of the Genesee Symphony Orchestra are busy getting their act together for the GSO's concert Feb. 16 at St. James Episcopal Church in Batavia.

Tonight, the orchestra rehearsed at the First Presbyterian Church in Batavia.

Raffaele Ponti is the conductor and music director for the show, which will feature soloists Holly Bewley, a soprano, and pianist Isabelle Aubin (who were not part of tonight's rehearsal).

The program includes works by Leonard Bernstein, Mozart, Annunzio Montovani, Leroy Anderson, Schubert and John Williams.

Tickets are available at geneseesymphony.com as well as GO ART!, Roxy's Music and the Batavia Senior Center and in Le Roy at the Bank of Castile.

Top photo: Lynn Eberhardt, of Scottsville, on bass.

A violin in the hands of Jill Babinski.

Dave Funston, of Batavia, on drums.

Conductor and music director Raffaele Ponti.

Dave Porter, trombone

Local business owner looking for the person who stole pallets from behind his store

By Howard B. Owens

The owner of Eastown Beverages, Paul Parise, is hoping readers of The Batavian can identify the owner of this truck.

According to Parise, somebody driving this truck stole pallets from outside his business at 563 E. Main St., Batavia. He also wonders whether the same person may have tried to break into his store two weeks ago.

Batavia PD has an open investigation on the case, according to Officer Jamie Givens, but no suspects.

Anybody who might have information useful to the investigation are asked to call Batavia PD at (585) 345-6350.

New exhibit showcases work of local award-winning photographer

By Patricia Hawley

A new exhibit featuring the work of local photographer Susan Meier is on view at the Gallery at Blue Pearl Yoga through the month of January. The show is free and open to the public during gallery hours.

Meier, a lifelong resident of Genesee County, currently resides in East Pembroke. A self-taught artist, she began taking photographs as a preteen.

“I won a camera in a coloring contest and that sparked my interest,” she says.

After graduating from Genesee Wyoming BOCES with a degree in Cosmetology, Susan operated a hair salon out of her home for several years but continued her interest in photography, joining the Batavia Photography Club in 1995. She began photographing weddings in the late '90s and by 2001 she graduated from Genesee Community College with an AAS in Commercial Art. In 2010 she moved her business to the Harvester Artisan Center. She is a member of the Professional Photographers Association, past president of the Batavia Photography Club, and is active in 4H and the Genesee County Fair.

She continues her professional development by attending workshops throughout the country where she’s learned techniques like off-camera flash and studio and portrait lighting. Her work has been shown at the Richmond Memorial Library where she’s won multiple People’s Choice Awards, Moon Java Café, Genesee Community College, GoArt!, and Muller Quaker. Aside from her work as a wedding photographer, Susan’s professional work includes high school senior portraits, professional head shots, as well as newborn, family, and maternity photos.  

“The 11 images in the Blue Pearl exhibit feature a mix of fashion/glamour, boudoir, concept shoots and some photo digital art,” Meier says. "Concept shoots are ideas or unique concepts brought to life.

The concept images on display include Feather, 1940s Glam, Steampunk, Snow Princess and Flower. Her training as a cosmetologist allows her to construct elaborate styles for her models.

She is available for private photography lessons. You may contact her at 585-861-0415 or visit her studio at the Harvester Artisan Center, 56 Harvester Ave., on the first floor. Her social media presence includes Facebook, Twitter, Pinterest, 500px, Google Plus, Shop Batavia.

The exhibit can be seen during gallery hours on Monday, Thursday, and Saturday from 9 to 11 a.m.; Monday through Thursday from 5 to 7 p.m.

For more information, call Blue Pearl Yoga at 585.230.5430.

Law and Order: Le Roy man accused of stealing co-pays at doctor's office

By Howard B. Owens

James Mitchell, 35, of Le Roy, is charged with petit larceny. Mitchell was arrested following a months-long investigation by the Livingston County Sheriff's Office into reports of stolen co-payments at a doctor's office where Mitchell worked in Avon. The investigation took time, according to LCSO, because of lengthy billing cycles and victims coming forward. Mitchell was allegedly stealing co-pays as patients checked out at their physician's office. The investigation was conducted by Deputy Dan Rittenhouse, Deputy Ross Gerace, Deputy Steph Schroeder and Deputy Mike Yencer.

Kelly M. Zwolinski, 34, of Broadway Road, Darien, is charged with criminal possession of stolen property, 4th, and resisting arrest. Zwolinski was identified as a suspect in possession of a stolen horse saddle that was taken from a farm in Niagara County and an arrest warrant was issued. When Deputy Kevin McCarthy and Investigator William Ferrando attempted to place Zwolinski under arrest, she allegedly resisted arrest.

Darlene Ann Kingdollar, 51, of South Pearl Street, Oakfield, is charged with petit larceny. Kingdollar is accused of entering the 7-Eleven store in Oakfield while intoxicated and after she was denied the purchase of alcohol, she allegedly left the store with a can of beer without paying for it.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with stalking, 4th, and criminal contempt, 2nd. Brade allegedly violated an order of protection.

Mark J. Price, 37, Township Road, Ashland, Ohio, was arrested on a warrant for alleged failure to appear for an alleged traffic violation in Batavia City Court. Price was aprehended during a traffic stop in the Village of Attica. Price was issued an appearance ticket.

Jeffrey A. Pionessa, 32, of Glenwood Drive, Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone. Pionessa was stopped at 2:30 a.m. Sunday on Law Street, Batavia, by Officer Arick Perkins. Pionessa allegedly had a BAC of .11.

A 17-year-old resident of Trumbull Parkway, Batavia is charged with criminal mischief, 4th, and harassment, 2nd. The youth is accused of damaging the mobile phone charger of another person by throwing it against a wall and grabbing the arm of the alleged victim and pushing the person's face.

John K. Rolls, 34, of Mill Street, Batavia, is charged with two counts of forcible touching. Rolls is accused of forcibly touching a 17-year-old girl on Jan. 7. Rolls is incarcerated in the Genesee county Jail on an unrelated matter and was issued an appearance ticket.

Brad Strzelecki, 19, of Hunter Street, Bergen, is charged with unlawful possession of marijuana. Strzelecki was reported at a location on Bank Street at 10:01 a.m. Jan. 13 when he was allegedly found in possession of marijuana by Officer Eric Foels.

Rodeny Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie was located by Transit Police in Buffalo during a check-the-welfare interview and identified as a warrant suspect for allegedly stealing items from Kmart on Dec. 12.

Bryant William Hardtner, 28, of State Street Road, Batavia, is charged with unauthorized use of a motor vehicle. Hardtner is accused of taking a vehicle Sunday without the owner's consent.

Kimberly Diane Ribbeck, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving a vehicle with obstructed vision and no or inadequate plate light. Ribbeck was stopped at 2:33 a.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Michael Gerald Pernicano, 21, of Lake Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and no plate light. Pernicano was stopped at 2:29 a.m. Saturday on North Byron Road, Byron, by Deputy Joseph Corona.

Lena Marie Evans, 26, of Ross Street, Batavia, is charged with petit larceny, two counts of criminal possession of a controlled substance and possession of a hypodermic instrument. Evans was arrested for allegedly shoplifting at Kmart by Deputy Andrew Hale.

Carey Anthony Bedell III, 18, of Lehigh Avenue, Rochester, is charged with unlawful possession of marijuana. Bedell was arrested on Clinton Street Road, Byron, at 9:43 p.m. Friday.

Matthew R. Smith, 21, of Basom, is charged with forcible touching. Smith was arrested by State Police for an alleged incident reported at noon Thursday.

Mark A. Allison, 52, of Lockport, is charged with felony DWI and felony driving with a BAC of .08 or greater. Allison was arrested by State Police following the report at 9:29 p.m. Thursday of a two-car accident at 372 Bloomingdale Road, Basom. One person was injured. The driver of the other vehicle was Alexander Shirira, 56, of Buffalo. No other details released.

A tough month for Notre Dame improved by victory over Blue Devils

By Nick Sabato

The month of January has been a nightmare for the Notre Dame Hockey Team, but yesterday afternoon it may have woken up as the players defeated Batavia/Alexander, 2-1.

The Fighting Irish came into the contest just 1-4 this month, and had lost four straight by a combined score of 28 to 4. But, the win against crosstown rival Batavia/Alexander is a step in the right direction.

“We’ve been struggling recently,” said Notre Dame Head Coach Marc Staley. “We had two good practices getting prepared for this. We felt that we had hit rock bottom and the good thing about rock bottom is that you’re done falling. We thought we would come out and play a good game tonight.”

Notre Dame came out fast in the first period, controlling play for the majority of the period before Spencer Misiak pounced on a loose puck and put it by Blue Devil goaltender James Cryer 7:25 into the game.

“We wanted to focus on puck possession,” Staley said. “I thought we did a great job of that in the first period. We wanted to wear their defense down. The more we kept the puck down low, the more we can keep it out off of the stick of guys like Rich Francis.”

Just like the Irish did to start the game, Batavia/Alexander came out fast in the second period and their leading scorer, Francis, was able to get loose.

Francis picked up a nice pass from Julien Schimley and deked out goaltender Tyler Stroud for his 10th goal of the season.

“I think we had a little letdown in the second period,” Staley said. “But we also had three penalties called against us in the period, so that took a little steam out of us. We got focused again after the second period and righted the ship.”

The Irish would strike again on what would be the game-winner as Kevin Moscicki blasted a shot from the point that got through less than two minutes into the third period.

The Notre Dame defense did the rest of the work as Stroud stood tall in goal, making 19 saves on the night.

“Moscicki did a great job just getting it through to the net,” Staley said. “This game against Batavia is always that way. It’s one bounce or another and it ended up bouncing our way tonight.”

Cryer faced a barrage of shots all night, stopping 32 of 34 shots on the night for Batavia/Alexander (4-9-0).

“A win is always important,” Staley said. “We needed a win at this time of the year just to lift the spirits in the locker room.”

Notre Dame improves to 5-9-1.

Citizens group formed to help fight crime in Batavia

By Howard B. Owens

A Batavia resident has set up a Facebook group and scheduled a meeting aimed at fighting crime in the city.

The Batavia Neighborhood Watch group already has 95 members.

It was set up by Michael Hough, who wrote in his first post:

There is no doubt that crime is on the rise in Batavia. This group is intended to bring the community together to deal with the issues, and to serve as a liaison between citizens and law enforcement officers.

He's calling for a meeting of concerned citizens 5 p.m., Jan. 25, at Tim Horton's.

Alleged bank robber doesn't get far after midmorning heist at Five Star Bank branch

By Howard B. Owens

Philip Burrs Gregory Beardsley

It seems like such a simple plan. Walk into a bank, hand the teller a note, and walk out with a bag full of money.

Of course, the bank is in the midst of a city on a Saturday morning when traffic has both eastbound and westbound lanes snarled with cars, SUVs and semi-trucks. Your getaway vehicle is an easily identifiable older model maroon Plymouth minivan with Florida plates. Your driver may be high. He may not even know about your plan. The only available route out of town is a snow-and-slush covered Route 98 that has an Attica police officer always positioned at one end of the highway and is frequently patrolled by troopers.

What could possibly go wrong?

Enough, apparently, that the would-be alleged bank robber was in custody mere minutes after the heist was reported and the man who allegedly drove the minivan is facing a DWAI charge.

Gregory Beardsley, 29, of 220 W. Main St., Batavia, is the robbery suspect. He charged with grand larceny, 2nd, and robbery, 3rd.

Beardsley allegedly left the bank with $3,000 in cash. All of the money was recovered.

No weapon was displayed during the robbery, nor was there a threat of a weapon.

Philip Burrs, 32, the alleged driver, was arrested by State Police and charged with driving while ability impaired by drugs or alcohol and unlawful possession of marijuana.

Whether Burrs is charged with any crimes related to the robbery hasn't been determined, Hill said. The investigation is continuing.

The robbery was reported to emergency dispatchers at 11:28 a.m.

Bank employees provided dispatchers with an exact description of the suspect's vehicle, including the license plate number.

"The tellers did a fantastic job at the bank getting all the information and getting it out to our dispatchers," Officer Eric Hill said.

A trooper spotted the car, which is not owned by either Breadsley nor Burrs, at 11:34 a.m. heading southbound on Route 98. 

A felony traffic stop was initiated by Trooper Micheal Hamilton with the assistance of an Attica police officer further south on Route 98 at the Mooch’s Auto Glass location.

The two suspects were taken into custody and placed in separate patrol vehicles.

While being questioned later, Burrs could be heard telling officers that he had no idea his passenger went into Five Star to rob it. He repeatedly said he knew nothing about the robbery.

Hill said Burrs has continued to maintain that he had no idea Beardsley planned a robbery and had no part in it.

Asked if this was a particularly brilliant robbery plan, Hill said he doesn't know what drove the suspect to try and steal money.

"I don't know," Hill said. "Desperation? You do some things you might not normally do, depending on the circumstances. I'm not exactly sure why he felt the need to rob the bank, but you know, obviously he's desperate for money for some reason. We're currently in the process of deposing him to find out what his side of the story is. I'm sure all of that will come out eventually."

CORRECTION: The article originally said Burrs was charged with DWI. He was charged with DWAI. 

Top Photo: Beardsley being transferred from one patrol vehicle to another at the traffic stop location on Route 98. Law enforcement officers are screening Beardsley from camera view.

The Five Star branch on West Main, Batavia, shortly after the robbery.

The scene of the stop on Route 98.

Sgt. John Szumigala and Officer Eric Hill with the suspected getaway minivan.

Deputy Brian Thompson and "Pharoah" sniff around the suspect vehicle.

Officer Eric Hill speaking with suspect Philip Burrs, who is out of the picture in the back of the State Police vehicle.

Protesters turn out on cold morning at State Police barracks to rally against Cuomo, SAFE Act

By Howard B. Owens

More than 100 gun rights advocates turned out this morning in 20-degree whether at the NYSP barracks on West Saile Drive to protest the SAFE Act.

As expected, Gov. Andrew Cuomo was the target of the protest signs and the speakers' rhetoric, but as it turned out, Cuomo gave the protesters a little extra ammunition when, during a radio interview yesterday, the first-term governor said, “If they are extreme conservatives, they have no place in the State of New York."

More than one speaker mentioned Cuomo's statement and suggested that perhaps it's Cuomo who should leave New York and is the one out of step with the majority of New Yorkers.

Assemblyman Steve Hawley also took Cuomo to task for his statement.

“The governor’s comments about my constituents are offensive and are a Freudian slip, which reveals what he truly thinks of Upstate New Yorkers. He has no right to come to Upstate New York and call himself governor when he has such obvious disdain for its people,” Hawley said. “The majority of Upstate New Yorkers are pro-Second Amendment and believe in traditional family values.

"If the governor does not think the good people of Upstate New York have a place in New York, he seems to be doing a good job of driving our families out of the state with his highest-in-the-nation taxes and infringements on our rights.”

Cuomo's apparent lack of fondness for the people of Upstate New York is yet another reason, Hawley said, for supporting his call for a voter referendum on dividing New York into two states.

For more on Cuomo's statement, see this Buffalo News article.

We had a request to purchase these photos, so, for anybody who would like to purchase prints, click here.

Five Star Bank robbed in the city

By Billie Owens

A robbery just occurred at Five Star Bank at 390 W. Main St. in the city. Police are out in full force looking for a maroon van with tinted windows and possibly a Florida license plate. The vehicle is driven by an alleged accomplice. The robber is described as 6'2'' wearing black pants, a scarf, a black stocking over his face, eyeglasses and a dark jacket. No weapon was displayed. The vehicle is said to be headed toward Alexander...The police have stopped it on southbound Route 98. Attica has been notified.

UPDATE 11:38 a.m.: Both suspects are outside the vehicle being taken into custody.

Greece Arcadia out-muscles Batavia

By Nick Sabato

They say you can’t teach size, and that was evident as Greece Arcadia out-muscled Batavia en route to a 61-56 win in Monroe County League play.

The Blue Devils got off to a slow start in the first quarter, as the Titans imposed their will inside and raced out to a 20-7 lead after the first frame.

“[Arcadia] is a physically tough team,” said Batavia Head Coach Buddy Brasky. “They’re the most talented team in the division. But, I was disappointed with our lack of toughness to start. We’re not big, we’re not strong, but we’re usually pretty scrappy. For some reason we didn’t bring that toughness to start the first quarter.”

Batavia scrapped their way back throughout the game, cutting the lead to as few as six in the second half after switching defenses and getting back-to-back three-pointers from Jerrett Laskett.

“I thought their size was hurting us in man-to-man,” Brasky said. “We switch on screens and we got some bad mismatches. We were hoping that the zone would get them a little more stationary. I thought it worked well, it helped get us back in the game.”

The leading scorers for the Blue Devils, Jeff Redband and Justice Fagan, struggled to find room to breathe all night and were smothered by the Arcadia defense.

Laskett stepped up in the second half while the defense was keyed in on Redband and Fagan. The junior reserve knocked down three three-point field goals in the second half and finished with 14 points.

“Everybody is taking Redband and Justice out of the game,” Brasky said. “Until someone else starts scoring consistently, it’s going to be difficult to be good teams. The tough thing is, the guys we’re asking to score are young guys.”

The Blue Devils, however, struggled all night to find an answer for Arcadia’s big men.

6-foot-6 senior Josh McFarland dominated inside all night, scoring 15 points, pulling 18 rebounds, blocking two shots and making two steals.

Jimmie Eddington, a 6-foot-5 senior, chipped in 14 points and grabbed five rebounds for Arcadia (7-4).

Fagan finished with a team-high 15 points, while Redband chipped in with 14, and Malachi Chenault added 11 points and eight rebounds for Batavia (7-4).

Top Photo: Jeff Redband attracted a crowd everywhere he went last night. A foul was called on the defense.

Photos by Howard Owens.

To purchase prints of photos, click here.

Jeff Redband, again in a sea of maroon jerseys.

Jerrett Laskett driving for the basket.

Greg Mruczek awaits a rebound opportunity during a free-throw attempt.

Jerrett Laskett scores on a layup in the fourth quarter.

Law and Order: Duo accused of giving false identity to police

By Howard B. Owens
Kiyonta M. Moffett Lillie Owens

Kiyonta M. Moffett, 23, of Buffalo, is charged with false personation, 2nd, aggravated unlicensed operation and operating with one headlamp; Lillie B. Owens, 21, of Erie, Pa., is charged criminal impersonation, 2nd, and was also arrested on a warrant out of Amherst. Moffett's car was stopped on Route 63, Batavia, by a state trooper for a broken headlight. When the trooper approached, allegedly the driver did not produce a license. The driver allegedly gave a name that later turned out to be false. It turned out, the name given was for a person with a petit larceny warrant out of Cheektowaga. Owens was reportedly a passenger in the vehicle and also allegedly gave a false name when asked to identify herself. Moffett was jailed on $750, and bail was set at $250 for Owens.

Arthur Mack Osborne, 47, of Park Road, Batavia, is charged with criminal contempt. Osborne is accused of contacting a person protected by court order. Osborne was reportedly attempting to leave New York for Florida at the time he was located by Deputy Brian Thompson. He was jailed on $2,000 bail.

Sara Elizabeth Schimley, 24, of Weaver Street, Buffalo, is charged with criminal possession of a controlled substance, 7th. Schimley was taken into custody on a warrant out of Le Roy Town Court.

Robert Darnell Wright, 22, of East Tupper, Buffalo, was arrested on a warrant for alleged failure to pay fine imposed by court. Wright was arrested at the time of his release from Monroe County Jail, where he was held on an unrelated matter. Wright was arraigned in Genesee County Court and released upon his promise to make his monthly payments.

County Court Report: Le Roy rapist given 18 years in prison

By Howard B. Owens
Charles Johnson

A 29-year-old man who broke into the apartment of a woman in Le Roy and raped her at knifepoint has been sent to prison for 18 years by Judge Robert C. Noonan.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, will also be required to have 25 years of post-release supervision.

Johnson entered a guilty plea Nov. 26 in an agreement with prosecutors that he serve no more than 18 years in prison.  The minimum sentence available to Noonan, which he rejected, was eight years.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

Johnson was identified as the suspect through DNA evidence, leading to his quick arrest following the May 9 rape.

Michael Nicometo

Also in Genesee County Court today: Michael A. Nicometo, 28, of 45 North St., Le Roy, who was scheduled for sentencing this morning on his conviction for burglary, 3rd. Nicometo was involved in the heist of high-voltage copper wire from industrial buildings in Le Roy. Nicometo missed his appearance time today and a warrant was issued for his arrest. In the afternoon, he voluntarily appeared in court and his sentencing has been rescheduled for 11:45 a.m., Monday. Earlier this month, Nicometo missed his scheduled sentencing appearance because he was reportedly hospitalized in Rochester. Police arrested Nicometo in March following an investigation into the theft of high-voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

Shane Bell

Yesterday in County Court, Shane M. Bell, 47, of 161 Jackson St., Batavia., charged with assault in the 2nd degree for allegedly hitting a man outside the Harvester bar on Harvester Avenue, was scheduled for a plea cut-off hearing. The plea cut-off date was extended to Jan. 23. If Bell and his attorney are unable to reach a plea agreement with the District Attorney's Office by that date, he will go to trial April 21.

Chief says video surveillance can help fight crime in Batavia

By Howard B. Owens

The bad guys have surveillance cameras. Why shouldn't the guys in white hats have them, too?

Rob Yaeger, Batavia PD's assistant chief, said during an interview today that seeing surveillance cameras on the homes of known troublemakers is an increasing trend.

"Usually it's the houses we have to go to repeatedly, they have the cameras," Yaeger said. "They want to know who's coming to their door."

As part of the 2014-15 city budget, Batavia PD is requesting $7,500 for a surveillance camera.

Based on initial reactions from the public, Chief Shawn Heubusch thinks there are misconceptions about its purpose and how it will be used.

First, it won't be a stationary camera. It will be portable so it can be set up in anticipated trouble spots and moved around as needed.

Second, its video feed won't be monitored 24/7.

"I just don't want the general public to get the idea that it's Big Brother watching them because we don't really have the need to do that, nor we do we want to," Heubusch said.

Cameras have been successfully used to deter crime in Binghamton and Hornell, Heubusch said.

While those cameras are stationary, "they've seen a very dramatic decrease in crime where cameras are installed," Heubusch said.

The chief said he understand some of the concerns some people have expressed about surveillance cameras, but he believes in certain neighborhoods at certain times, they can be helpful in fighting crime.

"I certainly wouldn't want one out in front of my house, but if I lived on a bad block, I might want one in front of my house," Heubusch said.

Of course, surveillance camera technology these days has gotten so good and so inexpensive, that just about anybody -- including criminals -- can set up cameras outside their homes.

It's not a bad idea for people interested in protecting their property or their neighborhood to install their own cameras, Heubusch said.

"I would encourage anybody, if they can afford it, to install a video surveillance system just around their house, around their property, because property crime is always there," Heubusch said. "Unfortunately it will always be with us."

That said, in response to a comment on The Batavian, Heubusch said, it's still up to Batavia PD to take advantage of technology to help fight crime. The police can't rely solely on private citizens installing cameras. For one thing, the chain of evidence rules might make it harder for such video evidence to be admissible, especially if the resident demands anonymity.

It's also just better for police to conduct their own operations.

"It's our property," Heubusch said. "We're the ones in charge of keeping the safety and security of the residents of the city. I'm not going to depend on somebody else to put a video surveillance system on a troubled property. I'll do that myself. That's my job."

Still, in today's society -- not just in Batavia -- crime is always a public worry, and if residents want to take on themselves the installation of cameras in their neighborhoods, that's not a bad thing, Heubusch said.

"We do everything we can to stay on top of it (crime), but we'll take all the help we can get, so if somebody wants to install a camera system at their house, by God, bring it on."

Batavia's top cops offer more information in proposed 'neighborhood sweeps'

By Howard B. Owens

One of the keys to what officials are calling a neighborhood sweep program in Batavia is to give law-abiding residents a safe outlet for sharing with cops what they're seeing on their blocks.

While explaining further the program to The Batavian today, Batavia PD Chief Shawn Heubusch and Assistant Chief Rob Yaeger, used the example of "Granny Smith" and how she'll benefit from the program and interact with police.

"She's going to have a police officer come up to her door and talk to her, because, you know, Granny Smith is probably the lady that says, 'I don't want to bother the cops. They've got so much better things to worry about,' " Yaeger said. "Or she's going to be one of those says, 'if I say anything, they (the criminals) are going to know it's me.' We're going to talk to everybody on the street so nobody can be singled out so somebody can say, 'that's the one who said something.' "

Contrary to previous reports, Heubusch said, the police aren't coming in and locking down a neighborhood for two or three hours. People will be able to come and go -- maybe not without being asked to show an ID -- and the sweeps will be over quickly.

"That's one of the keys to this -- giving people the outlet to come and talk to us," Heubusch said. "Like Rob said, there are people won't call us because they don't want to bother us, or they won't call us because they're concerned about what might happen to them. Well, if you've got a whole neighborhood willing to make that connection right there, in person, face to face, without any fear of retribution, that's going to embolden or empower people to come forward with more information in the future."

The timing for the program, perhaps, couldn't be better, the city's two top cops said.

In recent months there've been reports of shots fired on State Street and on Jackson Street, an armed robbery on Jackson, armed robberies of local hotels and an alleged burglar picked up this week off Park Avenue while carrying a loaded handgun.

The gun play is getting worse and worse and worse," Yaeger said. "We need to stop this and clean it up now."

The program is inspired by a series of neighborhood sweeps instituted in Buffalo. Law enforcement and municipal leaders there have met with Batavia officials and are providing ongoing consulting.  The sweeps have been very, very successful in Buffalo, Yaeger said.

"The chief in Buffalo told me, 'if we had started this program 20 years ago, we wouldn't be having the problems we have now,' " Yaeger said. "It's been very, very successful for them and the citizens absolutely love it."

It's been so successful and so well received in Buffalo, Yaeger said, local residents should wait to see it implemented in Batavia before passing judgment.

"In Buffalo, the neighborhoods love it," Yaeger said. "The block clubs love it. You'll see, once it's been tried here, the neighborhood will love it. There will be positive reviews."

The sweeps won't just include police officers. There will also be code enforcement officers, parole and probation officers, animal control officers and representatives of other government agencies. 

"It's going to be like one of those national night out events where everybody comes out for a meet and greet," Yaeger said. "They're going to get to know the cops, get some of their issues addressed -- 'I don't know who to call, who can help.' It's not like we're showing up in SWAT gear saying, 'OK, who are you hiding in there?' Nothing like that. It's going to be positive."

Neighborhoods selected for sweeps will be chosen based on data -- increased numbers of calls for service, more reports of criminal activity and perhaps one particular house known to be a cause of trouble or specific individuals in a neighborhood police believe will be causing problems.

In most cases, in fact, police might have one or two or three known troublemakers they hope to locate in a particular neighborhood, which is why a street might be closed to vehicle traffic, making it harder for targeted individuals to slip out without detection.

The sweeps will be completely unannounced for that reason, as well.

Heubusch agreed with City Manager Jason Molino who said part of the goal is for law enforcement to be a nuisance for those who are being a nuisance.

"That's one of the things that is often over looked in policy today," Heubusch said. "Because we're often inundated with calls, officers are often tied up on other things, so to go out and do that proactive police work where you're just bothering the people who are bothering us is tough to do sometimes. So you put together details like this and it gives our officers the opportunity to be a bit of a nuisance for the people who are being a nuisance."

For civil libertarians, Heubusch said the police officers will obey the law and department regulations, which means a person can't be forced to provide identification or detained without probable cause. 

Of course, police officers can pretty much tell when somebody is refusing to provide identification on principal compared to the guy who won't provide identification because he has something to hide, and will react -- within the limits of the law -- accordingly.

The sweeps themselves, it's not a hostile takeover of a neighborhood," Heubusch said. "We're not going to be shutting Granny Smith in her house so she can't go get her medication or go see her granddaughter in a play or anything like that. It's going to be targeted enforcement in specific areas to try and squash the criminal activity."

Large fight reported near Batavia Youth Center

By Billie Owens

A large fight is reported near the Batavia Youth Center, located at 12 MacArthur Drive. City police responded promptly but found the parties had left the scene.

Water service disruption on portions of Bank and Ross expected tomorrow

By Howard B. Owens

Press release:

A contractor will be making repairs on a private waterline on Bank Street near Ross Street on Thursday, Jan. 16th. This work may require the City water main to be shut down to complete these repairs. If a service interruption is required it will impact water service on Bank Street (between Chandler Avenue and Vine Street) and Ross Street (between Bank Street and North Street). Water service would be shut down after 9 a.m. until repairs are completed which may last several hours. This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

Law and Order: Woman who allegedly used stolen gift card to purchase cake at Walmart arrested

By Howard B. Owens

Angela Irene, 44, of South Grand Road, Medina, is charged with grand larceny, 4th. Irene was arrested as a result of reports on The Batavian and OrleansHub of a purse being stolen from a shopping cart in the parking lot of the Batavia Walmart and a gift card subsequently being used to purchase a cake at the Walmart in Albion. As a result of the publication of the surveillance photo from the Albion Walmart, the suspect turned herself in to local law enforcement. The Sheriff's Office also received numerous phone calls identifying the suspect. The case was handled by Investigator Kristopher Kautz and Deputy James Diehl.

Jillian E. Dibble, of Akron, is charged with DWI and driving with a BAC of .08 or greater. Dibble was stopped at 7:50 a.m. Sunday on Route 77 at Reynolds Road, Darien, by State Police.

Alexander E. Dills, 23, of Stafford, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, unlawful possession of marijuana, criminal possession of a weapon, 4th, and aggravated unlicensed operation. Dills was arrested by State Police at 8:55 a.m. Saturday. No further details released.

Darrnell J. Barnes, 51, of Alabama, is charged with DWI and driving with a BAC of .08 or greater. Barnes was stopped at 7:42 p.m. Saturday on Alleghany Road in Alabama by State Police.

Quick response to burglary in progress leads to arrest of two suspects

By Howard B. Owens
Akeem Simmons Nathaniel Davis

It took local law enforcement less than an hour today to respond to a reported burglary in progress at 28 Park Ave., Batavia, and take two suspects into custody.

The first, who was allegedly armed, was captured almost immediately about 100 yards from the residence.

The second suspect was the subject of a manhunt that involved officers from Batavia PD, the Sheriff's Office, State Police, a K-9 and a helicopter. It lasted about 45 minutes.

"We had the State Police helicopter up in the air quickly," said Chief Shawn Heubusch, Batavia PD. "We had the benefit of decent weather. We had several reports from residents in the area. Our officers responded very quickly. They set up a perimeter very quickly. Everybody did what they were supposed to do. That was the crucial element, to be able to bring all of those resources together in such a short amount of time."

It was a neighbor who reported the possible burglary. The witness saw two men knock on the door of 28 Park Ave. About 10 minutes later, the neighbor heard a loud noise coming from the residence.

Dispatchers received the report of the possible burglary at 11:28 a.m.

When police arrived, two men were seen running from the house. One headed east, the other west.

"It doesn't appear anything was taken," Det. Rich Schauf said. "There is evidence they were well into the house and, for whatever reason, they left in a hurry and were seen running from the house. The assumption is they saw that there were police in the area."

Arrested almost immediately was Nathaniel Davis, 18, address unconfirmed. Davis was allegedly found in possession of a loaded handgun at the time of his arrest.

"There was an attempt to tase him, but because he had thick clothing on, the initial tase did not work," Schauf said. "There might have been, I'm not sure if there was, a positive tasing at some point, and then (he) did finally fall to the ground."

With a perimeter established, Schauf said commanders on scene were pretty confident the second suspect hadn't gone far.

St. Paul's School, a private school on Washington Avenue, heard of the law enforcement activity in the area and went on lockdown. Schauf said both because of the fast-moving situation and because officers were confident that the second suspect was contained to a four-block area, other Batavia schools were not contacted about a possible lockdown.

"We weren't at a stage where we were in a planning mode," Schauf said. "That would have happened very shortly if this had continued on, but because it was fluid and all our resources were tied up in the pursuit, there wasn't time at that point to make a decision."

During the search, there were neighbors coming and going and residents coming outside to see what was going on.

Schauf said residents, as they appeared, were being instructed to stay inside, but if they saw anything, to call dispatchers.

Drivers were asked to keep moving along.

"You've also got to be aware that in this day and age of cell phones, this person could be trying to contact somebody to try and get him," Schauf said. "So we're trying to be aware of who's around that area."

The first order of business is safety, Schauf said, both for residents and for officers, but the PD was also confident they had the suspect pretty much trapped within the perimeter.

"That's why we are able to keep searching," Schauf said. "It was a needle in a haystack, so to speak, but we also knew there was a good chance the person couldn't get out of that perimeter, so we were pretty confident we could just keep searching."

At the start of the search, Deputy Brian Thompson -- on a well-deserved day off after being involved in a life-threatening situation where a suspect dragged him with his car before two truck drivers intervened -- was at the County Highway Department washing his patrol vehicle when he heard the call. Thompson had his K-9 Pharoah, not yet retired, with him and his gear.

"He thought his dog might be of service and absolutely he was," said Chief Deputy Jerome Brewster, adding that a K-9 officer is always ready for the call of duty.

It was Pharoah, whom Thompson has always praised for his tracking ability, who located the second suspect and chased him to the back yard of 48 Ellicott Ave.

"He continued to flee with the dog chasing him," Schauf said. "He went as far as he could go before giving himself up."

The suspect, 23-year-old Akeem Simmons, suffered a leg injury at some point during the incident, probably while running, but at this point, investigators aren't sure. He was transported from Batavia PD headquarters to UMMC by Mercy EMS, where he was treated. He was seen later at the police station with a leg brace boot on his right leg.

No weapon was found on Simmons, and a K-9 from the State Police barracks in East Aurora that is trained in weapons detection was brought in to sniff the path Simmons is believed to have followed and no weapon was located.

Investigators did find a discarded black hoodie.

The initial description of the two suspects was that they were wearing black hoodies. When Simmons was arrested, he was wearing a red hoodie.

"An obvious tactic is to change what you're wearing," Schauf said. "Once you get out of the immediate area, change what you're wearing."

Possible charges against Simmons and Davis include burglary, 1st, a Class B felony, criminal possession of a weapon, criminal mischief and resisting arrest.

This is the fourth high-profile criminal incident in the past six months in the City of Batavia where guns were involved.

Both Detective Schauf and Chief Heubusch acknowledged there is an increase in weapons being used by criminals locally and an increase of violent crimes in Batavia.

It does seem like there are more incidents of people who have guns, where we didn't see that before," Schauf said. "If you look at it for society, it's been a problem at the forefront for a long time across the nation. We've been fortunate that we haven't had that here, but you can only hold out so long."

The reason for the increase might be, Schauf said, because criminals feel a greater need to protect themselves from each other.

"When you read about what goes on in Buffalo and Rochester, we're not removed from that," Schauf said. "As a police officer, we are always trained to be looking so that we're not taken by surprise, but I think as a community, it's something people need to be aware of -- to look out for one another, like what happened today, and to just be more cautious because it is more prevalent."

The best way to combat an increase of gun-related incidents, Chief Heubusch said, is for members of the community to look out for each other, as a neighbor did today.

In addressing that question, Heubusch also addressed the possible concern from residents that there is an increase in criminal gang activity.

"I think people in this community should just be concerned about the increase in violent activity on the whole," Heubusch said. "Whether it's related to any specific group of people, the message we're trying to get out there is you need to help your neighbor. If you see something, you need to say something. It's very simple."

He said that rather than be concerned about possible retribution, residents need to concern themselves first with looking out for the safety and well being of each other. 

"If you speak up about these people who you think are maybe in a gang or you think are may be going to commit a crime, you're going to drive those people out of the community," Heubusch said. "You're going to drive them out by saying we're not going to stand for it. We (the police) are going to back you up 100 percent. We're going to do everything we can to get these people out of our community.

"There's an increase in violent crime across the nation," Heubusch added. "We're not in a fish bowl. We need to be prepared. Our residents need to be prepared to take care of one another."

UPDATE: A couple of things left out of the original story. Davis is somebody Batavia PD has had prior contact with and is believed to be a longtime resident. Simmons is new to the community.  Simmons was on an alert list for questioning by parole or probation and law enforcement had been warned to consider him potentially dangerous.

Asked if one or both of these men might be suspects in the recent armed robbery of a pizza delivery driver, Schauf said that's certainly something investigators will look into. 

Regarding potential gang connections to recent gun-related crimes, a quote from Schauff: "It's something we don't overlook. It might not be stated as an obvious. Like the question you're asking, isn't it obvious? We can't go by obvious. We need proof. There is certain proof we need to prove that. It's something that we look at and we take seriously, but to say ... we would want to have more proof before I said that."

Manhunt under way for Park Avenue burglar

By Billie Owens

A manhunt is under way in the city for a black male suspect in a burglary which took place on Park Avenue about a half hour ago. Several police units are scouring that area.

A second suspect, also a black male, is now custody. He was carrying a handgun.

The perimeter of the manhunt is approximately Park Avenue on the north, Washington Avenue on the south, and Lincoln Avenue and Lewis Avenue.

UPDATE 12:16 p.m.: Police say the suspect at large may have just gone through yards on Ellicott Avenue.

UPDATE 12:21 p.m.: The suspect has been apprended on Ellicott Avenue. He is described as a light-skinned black male wearing black jeans and a black hoodie. The State Police helicopter and the new K-9 were used in the search and are now back in service.

UPDATE 12:57 p.m. (by Howard): Photos added. As you can see, the suspect is wearing a red hoodie, not black. That's often the nature of hasty eyewitness accounts. Batavia PD plans on releasing more information on the case later this afternoon.

UPDATE 1:14 p.m.: The 22-year-old subject of the manhunt is being taken to UMMC "in handcuffs and shackled" after complaining of right knee and ankle pain.

Park Avenue during the search.

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