batavia

A 90-year-old man from Albion who was found unresponsive in his still-running car on State Street on Sunday night was later pronounced dead at the hospital.

A Sheriff's deputy found the car at 11 p.m. at State and Douglas and Batavia PD along with Batavia fire and Mercy EMS responded.

The deputy used an unlock tool to gain entry to the vehicle.

Ira M. Baker was transported to UMMC. He was pronounced dead at 11:25 p.m.

Officer James DeFreze investigated and determined there were no signs of foul play at the scene nor signs of struggle.

Chief Shawn Heubusch said it's believed Baker died of natural causes. There was no autopsy.

A new chapter in Batavia Muckdogs history opened Tuesday when farm hands in the Miami Marlins system took the field at Dwyer Stadium for the home opener of the 2013 season.

The 1,900 fans in attendence can surely hope Tuesday's game is a sign of good things to come. The Muckdogs beat Auburn 10-2.

One of the Marlin's top prospects, 2B Avery Romero, collected his first two professional hits scoring two runs.

Fans were also treated to one of the most exciting plays in baseball -- a triple -- three times. The three baggers were smacked by SS Javier Lopez (1-3 and 3 RBI), LF Austin Dean (1-5) and RF Connor Burke (2-4).

Third baseman Blake Barber had three hits, including a home run.

Starter Helpi Reyes went three innings and gave up one hit and no runs. Beau Wright (W, 1-0) went three innings and gave up two runs, picking up the W. Robert Ravago (S, 1) pitched three innings to qualify for the save.

Batavia is home again Thursday at 7:05 p.m., which is Irish Night. Friday's 7:05 p.m. game will be followed by fireworks.

As I was leaving Dwyer Stadium this evening, I spotted a bunny rabbit hopping through a yard on Douglas Avenue. He was polite enough to stop and pose for a picture.

I'll have opening day pictures ready to post in the morning.

Chiropractor Thomas Mazurkiewicz invited me over to his office this afternoon to meet Nick and Josh Guarino.

The twins are graduates of Byron-Bergen High School and will compete this weekend in the U.S. Track and Field Championships in Des Moines, Iowa.

They qualified in a meet Saturday -- the last chance to qualify -- by running their personal best times in the 800 meter. Nick won the race with a time of 1:47.13 and Josh was third at 1:47.35.

At the U.S. Championships, there is a field of 37 runners competing for three spots on the U.S. team that will compete in Moscow at the world championships. There are 14 runners who qualified with faster times than Nick. The fastest qualifying time is Duane Solomon at 1:42.82.

"I probably don't have a shot at that (going to Moscow)," Nick said. "But my dream is to make the Olympic team or world championship team."

Mazurkiewicz is doing what he can to help. Mazurkiewicz explained that a slight hip misalignment can cost a world-class runner vital 10ths of a second, which can be the difference between winning a medal or being an also-ran.

Misalignment, he said, can also lead to injury.

There will be dozens of chiropractors tending to runners at the U.S. Championship, Josh said, but they were at Mazurkiewicz's office today for their pre-race treatment.

"Treating athletes is like fine tuning a car," Mazurkiewicz said. "Chiropractic adjustments give athletes a winning edge by giving them proper bio-mechanics, structure, increased range of motion along with proper posture and balance."

Committee members who helped organize creation of the inclusive playground at Kiwanis Park in the Town of Batavia gathered with friends and supporters this evening for an official ribbon cutting to celebrate the opening of the new playground. Committee leader Anita Strollo said there's still work to be done and money to be raised for expanding the playground.

A Batavia man accused of using a toothbrush to sexually assault a fellow jail inmate late last year entered a guilty plea in County Court today to counts of sexual abuse, 1st.

Raymond Lee Leach Jr., 55, of Montclaire Avenue, also entered a guilty plea to criminal contempt, 1st, which was part of the set of charges that had him in jail in the first place.

Leach entered his plea under what's known as an Alford Plea. Under terms of the plea, Leach doesn't actually admit to the crime. He just acknowledges that he would likely be found guilty by a jury based on the available evidence.

Assistant District Attorney Melissa Cianfrini said the evidence on the criminal contempt charge that would be presented against Leach is that he placed a telephone call to a protected party and threatened to kill her.

On the sexual assault charge, Cianfrini said witnesses would testify that Leach shoved a toothbrush into the rectum of a fellow inmate at the Genesee County Jail and then bragged that the victim had been "booty popped."

The alleged victim suffered physical injury as a result of the assault.

On the first guilty plea, Leach is facing a possible sentence of two-and-a-fifth to five years and three years on the second charge, with the sentences being served concurrently.

He continues being held on $10,000 bail.

Gregory A. Cole III, 21, of 3 Hyde Park, Batavia, is charged with disorderly conduct (obscene language or gestures) and failure to pay for services. Cole is accused of causing a disturbance at Sport of Kings restaurant in front of customers and refusing to pay for his food order. Also arrested on the same charges was Marquis K. Saddler, 22, of 541 E. Main St., Batavia.

Luz Jamayra Castro, 29, of West Main Street, Batavia, was arrested on a bench warrant stemming from a fourth-degree grand larceny charge. Castro was arrested by the Sheriff's Office, turned over to Batavia PD, arraigned in City Court and then arrested by the Sheriff's Office again on a warrant out of County Court for alleged failure to appear for intermittent incarceration.

Robert L. Williams Jr., 22, of 112 State St., Apt. #2, Batavia, is charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. Williams was stopped for an alleged traffic violation at 3:17 a.m. Saturday on Bogue Avenue, Batavia, by Officer Chad Richards.

Town of Batavia firefighters took a break from their extrication training Monday night to show off the Harley-Davidson Fatboy that one lucky raffle ticket buyer could win July 27.

Tickets are $20 and are available for purchase at the fire hall on Lewiston Road or from a Town of Batavia volunteer.

Only about 600 of the 2,500 tickets remain.

The Harley raffle party will once again include a beer tent, music by 7th Heaven and BBQ from Alex's Place. The public is welcome to join the party. It's not necessary to buy a ticket to attend.

This year's Harley committee is Steve Coburn and John Mullen, co-chairs, and Stephen Kowalcyk and Bob Tripp.

James P. Garcia Michael A. Olivo Larry E. Fitoria Anthony F. Bovenzi-Ortiz

An apparent burglary of Batavia's AT&T store was thwarted overnight when a sergeant with the Sheriff's Office spotted a suspicious vehicle on Veterans Memorial Drive and decided to check it out.

Sgt. Brian Frieday had just left the Park Road station at 3:30 a.m. when he spotted a vehicle road side with its emergency flashers activated.

According to Investigator Kris Kautz, Frieday's suspicions mounted when the driver, the lone occupant of the car, had trouble answering his questions, so he decided to look around.

A window had been broken out of the AT&T store and additional officers from the Sheriff's Office and Batavia PD responded. 

Allegedly stolen merchandise was discovered in the Target parking lot.

Shortly before 4:30, three additional suspects were located and taken into custody on Oak Street near Noonan Drive.

Following a daylong investigation, the four young men were arraigned this evening in Batavia Town Court in front of Justice Thomas Williams on a charge of burglary in the third degree and ordered held on bail of $10,000 each.

The suspects, all from Rochester, are identified as James P. Garcia, 23, of 26 Dunn St.; Anthony F. Bovenzi-Ortiz, 18, of 19 Peckham St.; Michael A. Olivo, 20, 162 Atlantic Ave.; and, Larry E. Fitoria, 20, of 5239 Culver Road.

A partial inventory of the allegedly stolen items include a Kindle Fire HD, Samsung Galaxy Tab 2, Ipad Mini, LG Optimus Pro, Nokia Lunia 920, Blackberry Z10, Samsung Galaxy S-IV, 10 Samsung Galaxy S-IIIs, an Apple iPhone 4, two Apple iPhone 5s and an Apple iPhone 3g.

The total value of the allegedly stolen merchandise is $9,824.

During arraignment, Williams told the defendants that the evidence against them included at least one oral admission.

Olivio asked Williams, "But they got their property back, right?"

Bonvenzi-Ortiz asked Williams, "How do I get out of trouble right now? I'll totally cooperate. I have school tomorrow. I need to take finals to graduate. I just want to go to school and do my finals."

Williams told the young man that without a bail evaluation, which Genesee Justice will complete after meeting with him tomorrow, he had to set bail at $10,000.

None of the defendants have a prior criminal record.

Residents of Vernon Avenue and South Swan Street may have times of limited access to their properties during milling operations on the road surface Wednesday.

Residents are asked not to park on the street that day.

Milling work will begin on Vernon Avenue and move to South Swan later in the day.

In case of rain, milling will take place on Thursday.

Repaving is scheduled for the first week of July.

Press release:

The Kiwanis Park Inclusive Playground, located on Route 5 in the Town of Batavia, will officially be open to the public following a ribbon-cutting ceremony to be held on June 18th at the park at 6:30 p.m.

The Inclusive Playground, which was built for individuals of all physical abilities, was constructed nearly entirely by private donations as a joint venture between the Town of Batavia, the Genesee ARC, and the Batavia Kiwanis Club. The effort was led by a group of volunteers including Town Board Members Patti Michalak and Chad Zambito, Shelley Falitico, director of Development for the Genesee ARC, Anita Strollo of Kiwanis, Amy Disalvo, Lynn Houseknecht, Sue Maha of Kiwanis, and Rotarian Rosalie Maguire.  Design team members included Joe Foresyth of Kiwanis, Lisa Ace and Ricky Palermo. Town of Batavia Highway Superintendent Tom Lichtenthal acted as the project manager. 

Twenty-two private donors contributed $73,000 to the effort, including major donations from Kiwanis Club, Bank of Castile, Down Syndrome Support Group, Oatka Milk and Batavia Rotary. County Line Stone of Batavia donated 850 tons of stone for the wheelchair friendly paths that bisect the park. 

The park was the signature project of the United Way’s Day of caring on May 8th. On that day, 75 volunteers contributed 450 man-hours to install a Wheel Chair Swing, Roller Table, Omni Spinner, Sway Fun, Sand Diggers, and Adult Molded Bucket Swing. Volunteers also painted the pavilion, spread 150 cubic yards of wood chips, planted seven trees and dozens of flowers. 

“It was amazing to see everyone come together to build something so unique for the area,” said Councilperson Michalak. “It was truly a community effort that will benefit everyone.”

The group believes the inclusive playground is the only one of its kind in Western New York, and perhaps all of Upstate New York. “We have not heard of a similar park located anywhere in the region,” added Councilperson Zambito. “Every time we presented the project, no one could believe that this type of facility didn’t already exist in our region and they were eager to help. Now children with disabilities can enjoy a full day at the park with family and friends. It is the single greatest project I have ever been involved in.”

The park, which is located directly across from the Town Hall on West Main Street Road, has already seen an increase in use since the installation of the new equipment. Earlier this year, a canoe launch was installed to access the Tonawanda Creek and as part of the latest improvements, a quarter-mile walking path was added along the creek. Town officials hope to expand that path in the future.

The ribbon-cutting ceremony is open to the public. Refreshments will be served at the conclusion of the event.

John E. Vauss, 51, of Kohlman Street, Rochester, is charged with public lewdness, criminal possession of a weapon, 4th, unlawful possession of marijuana and no/improper child restraint for a child 4 years old or less. Vauss was allegedly seen by an employee of the Buffalo Federal Detention Center urinating from the Route 98 overpass onto the Thruway below. The employee followed Vauss to the facility where he was detained by Deputy Chris Parker for further investigation. During the investigation, Vauss was found to allegedly possess a bag of marijuana in his front pants pocket A black pipe that was weighted and studded with bolts was found in his vehicle. Vauss was issued an appearance ticket for Town of Batavia Court on all four charges.

Robert C. Fochler III, 50, of 8 East Ave., lower, Batavia, is charged with petit larceny and trespass. Fochler is accused of stealing a 23.5-ounce can of Four Loko Fruit Punch malt liquor from the Hess station at the corner of Oak and Main, Batavia. Fochler was allegedly banned previously from entering the store.

David C. Truesdale Jr., 23, of 18 Tracy Ave., Batavia, is charged with unlawful possession of marijuana. Truesdale was allegedly in possession of marijuana when he was arrested on a City Court warrant related to an aggravated unlicensed operation charge.

Brandi-Lyn Heidenreich, 23, of Garibaldi Avenue, Oakfield, is charged with petit larceny. Heidenreich is accused of stealing $97 in merchandise from Walmart.

Shelin Marie Herold, 20, of Clipnock Road, Bethany, is charged with harassment, 2nd. Herold is accused of punching and slapping another person during an argument.

Christopher Jason Koenig, 17, of Summit Street, Batavia, is charged with petit larceny. Koenig is accused of stealing $159 in merchandise from Kmart.

Richard A. Demmer, 20, of Oakfield, is charged with criminal mischief, 3rd, and criminal contempt, 1st. Demmer was arrested by State Police in connection with an incident reported May 25 in Oakfield. No further details released.

Batavia PD, City Fire Department and Mercy EMS are on scene at State and Douglas streets where a person was found behind the wheel of a car apparently not breathing.

The car was stopped, but in drive.

Members of the East Pembroke Volunteer Fire Department are organizing a fundraiser from noon to 5 p.m., Sunday, June 30, to assist Trey.

The 5-year-old is the son of heather Gill Palandino and Donald Newton Jr. He is being treated for Chiari Malformation (Arnold-Chiari), is a serious neurological disorder where the bottom part of the brain, the cerebellum, descends out of the skull and crowds the spinal cord, putting pressure on both the brain and spine causing many symptoms.

Newton is chief of the department and Julie Waldron said department members are ever grateful for all he does for the community.

"Donald and his family do a lot for our fire department and community and we would love to give back to them at this time," Waldron said. "We could never thank him enough for everything he has done for our department, and Heather and Trey, as well. They are all always there when we need them. We are one big family and we are helping our brother, our leader and his family."

The fundraiser includes a chance auction and a chicken BBQ. Pre-sale tickets for the BBQ are $9 and are available on Monday evenings at the department or from members.

Police are looking for a Ford-type SUV vehicle, silver and grey, that may be heading into the city on Route 33, following a report of the vehicle stopping and the driver getting out and hitting a child who had been in the vehicle.

The vehicle has out-of-state plates.

A caller reports that a man who was standing on the Thruway bridge allegedly urinating on cars got into a maroon Ford Taurus car and drove to Federal Drive. He's outside the gate of the Federal Detention Center and a Sheriff's deputy is now out with him.

UPDATE 12:44 p.m.: He's in custody.

UPDATE 12:48 p.m.: The suspect lives on Kohlman Street in Rochester and is being charged with public lewdness and urinating in public.

It's Father's Day, which means the annual Rotary Fly-in Breakfast at the Genesee County Airport.

An electrical fire is reported at 513 Ellicott St., upper, Batavia.

The caller reports black smoke in the living room.

City Fire Department is responding.

UPDATE 10:43 p.m.: City fire back in service.

About 30 people are fighting on Watson Street, according to a caller to dispatch. City police are now on scene "sorting things out."

On another call, there are a number of black males and females creating a disturbance on the adjoining Thorpe Street. It's unknown if the two incidents are related.

The prime suspect is at 5 Thorpe "and just tried to jump out the window."

UPDATE 8:22 p.m.: A male suspect is running eastbound on the railroad tracks.

UPDATE 8:24 p.m.: "Two people just came out of the woods on the westside of the tracks," says an officer at the scene.