batavia

A two-car property damage accident, which is blocking the roadway, is reported at 288 Ross St. in the City of Batavia.

City fire is responding.

UPDATE 8:35 p.m.: Mercy EMS is asked to respond in nonemergency mode to evaluate two children involved in the accident.

A utility pole is reported to be arcing at 33 Center St. in the City of Batavia.

City fire is responding. The location is between School and Ellicott.

UPDATED 6:39 p.m.

ELMIRA -- If Melissa Engelhardt spends the full 20 years in state prison that Chemung County Judge Peter C. Buckley sentenced her to today, her own two children will be young adults when she's released.

Kristen Cianfrini, the mother of Andrew Cianfrini, the 21-month-old killed by Engelhardt on Nov. 10, 2009, told Buckley -- the woman who once pretended to be her friend, but then tried to pin Andrew's death on her -- should spend the rest of her life in prison.

In a statement to Buckley, Kristen called Engelhardt evil and heartless and said that Engelhardt planned the death of Andrew in order to end child support payments being taken from her husband's paycheck.

“Please don’t feel sorry for Melissa," Kristen said. "She has no sorrow, no heart, no nothing. She knew exactly what she was doing when she killed my baby boy. Melissa is a cold, heartless, selfish murderer.”

In October, in a non-jury trial, Buckley found Engelhardt guilty of manslaughter, but did not convict her of murder, saying that he didn't find enough evidence to indicate she intended to kill Andrew, only make him sick.

The Cianfrini family has expressed concern that Buckley, who has a reputation of being a liberal judge, would give Engelhardt far less than the maximum of 25 years prison time for the manslaughter conviction. The minimum sentence was five years.

After leading off with a lengthy mental history of Engelhardt -- 14 different foster homes, about a dozen different mental heath prescriptions over the years, several terms of hospitalized mental health care, a childhood of physical and sexual abuse, and years of untreated substance abuse -- it appeared Buckley was heading toward a lenient sentence.

"Your history shows that when you stop taking your medication, your behavior and decision making suffers, leading to a regression and poor judgment," Buckley said. "The crime of giving Andrew Cianfrini methanol in the form of windshield wiper fluid in his sippy cup was committed when you were not taking any medication and exercising a poor decision process causing the death of an innocent child."

When he told Engelhardt she would do 20 years in prison, followed by five years of supervised probation, the 24-year-old killer looked toward the ceiling (picture above) and supporters of the Cianfrini family -- more than a dozen people -- applauded.

After the courtroom cleared, Engelhardt could be heard in a back office of the court bawling and wailing.

During their statements, Chief Assistant District Attorney John R. Thweatt and defense attorney Nancy Eraca-Cornish re-argued their cases.

Thweatt tried to drive home the point that Engelhardt had to know that her actions would lead to Andrew's death.

"She knew enough to take the sippy cup and dump out the methanol and replace it with water," Thweatt said. "She knew enough afterward to try and shift the blame to Andrew’s mother. She knew enough to get her husband to try and reinstall the operating system on her computer in order to hide what was on it. All of that bespeaks some level of sophistication and intelligence and forethought and planning that can’t be explained adequately by saying she only had a GED or she wasn’t on her medication."

It was important, Thweatt said, for Judge Buckley to send a message to the community that she can't get away with her actions.

“The message should be that here in Chemung County that you’re going to forfeit the balance of the rest of your life for the death that you have caused," Thweatt said. "We are very concerned that this message is getting lost in this case.”

Eraca-Cornish countered that the prosecution had every chance to make a case for a more serious charge and didn't. And as far as sending a message, she called out the DA's office for inconsistency, she said, in pleading out another case of a mother suffocating an infant and getting only six months in jail.

And as she did at trial, Eraca-Cornish pointed to Engelhardt's lack of education and low IQ -- saying it is only a 91.

“She is not now nor has she ever been high functioning, Eraca-Cornish said, adding later that evidence showed she researched online the effects of methanol on people. ”We don’t even know for how long she viewed those screens or whether she even understood what she saw on those computer screens.”

As for the idea that Engelhardt isn't remorseful, Eraca-Cornish, said she is remorseful. She didn't cry in court during the trial, she said, because that would be highly inappropriate. She expressed remorse to the judge in a letter, the attorney said.

“She has suffered," Eraca-Cornish said. "Has she suffered as much as the Cianfrini family? Absolutely not. But she has suffered.”

When offered a chance to speak, Engelhardt told Buckley that she will never forgive herself.

“I was not fully medicated and stable enough to see my errors," she said.

When Jean Cianfrini, Andrew's grandmother, spoke to Buckley, she recalled in detail the reaction of the family to news of Andrew's death. As she spoke, supporters in the gallery began to sob.

She spoke at length about how Kristen's 7-year-old son has been devestated by his baby brother's death.

" 'Sometimes he irritated me, but I miss him,' " Jean recalled the boy saying once.

She said a day doesn't go by, more than a year later, that the boy doesn't talk about Andrew.

"He questions if there are children in heaven and if God plays with them, and if Andrew is not in heaven, will God send him back?” Jean said.

Outside court, Kristen had nothing good to say about Melissa Engelhardt, but indicated she was satisfied with the sentence.

"It's not 25 years. It's not life," said Kristen. "At least she will be in long enough that her children won't know her and hopefully when they get older they won't want anything to do with her."

Asked what she would say to Engelhardt, if she could, "I hope you rot and burn in hell," Kristen said. "I know my boy is haunting you every day of your life."

George Engelhardt, Andrew's father and Melissa's now estranged husband, also made a brief statement to the media.

"I don't think 20 years is enough," he said. "I'm just glad she will never see her children, my children, again. Her name is Melissa Miller. It's not Engelhardt, so, that's going to switch here quickly."

Photos: Top, Melissa Engelhardt reacts to the verdict. First inset, Melissa Engelhardt entering the court room. Second inset, Judge Peter Buckley. Third, George Engelhardt (father of Andrew). Bottom, John (grandfather) and Kristen (mother of Andrew) Cianfrini.

Three cars got into an accident at 439 E. Main St. in Batavia. One is stuck in the roadway, two went into a ditch -- but one of those just managed to get out of it.

Batavia fire and Mercy EMS responded.

No injuries are reported.

In an another accident, one car crashed at the Oak Street turnabout. No injuries.

A 17-year-old from Le Roy and a 16-year-old from Stafford are charged with petit larceny, trespass and conspiracy, 6th. The two youths were allegedly observed by officers Robert Tygart and Emily Clark of the Le Roy Police Department running through backyards on Hilltop Drive. The two youths were allegedly going through vehicles in the area and taking items from the cars. The suspects were located by following footprints in the snow. A 15-year-old was also involved and he was referred to Family Court. (Note: In most cases The Batavian does not release the names of youths under 18 involved in minor crimes. In this case, the Le Roy Police Department did not release the names.)

Alissa A. Fodge, 21, 7705 W. Bergen Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and speeding. Fodge was stopped at 3:25 a.m., Saturday, on Ellicott Street by Officer Kevin DeFelice.

Martin F. Jones, 39, of 10 S. Main St., Batavia, is charged with harassment, 2nd. Jones is accused of striking a woman at her residence on Spencer Court.

Jamie Marie Hamill, 33, of Lockport Road, Elba, is charged with grand larceny, 4th, and offering a false instrument for filing, 1st. Hamill was arrested following an investigation by Genesee County Social Services stemming from an incident first reported in June 2009.

A Fire Police volunteer called in an alleged hit-and-run accident somewhere in the vicinity of West Saile Drive and Bank Street Road.

The volunteer pursued the vehicle, described as a Chevy Blazer, and the Blazer stopped outside of the city on Bank Street Road in a church parking lot.

A Sheriff's Deputy is in route.

The volunteer says the Blazer suffered heavy front-end damage.

A hit-and-run accident with injuries has been reported in the area of South Main and the roundabout, Batavia.

Police are on scene and Mercy EMS is arriving.

No description provided of the suspect vehicle.

UPDATE 5:24 p.m.: A second ambulance requested to the scene. Still no description available on the suspect vehicle. It sounds like there might have been a total of three vehicles involved.

UPDATE 5:48 p.m.: It sounds like a Monte Carlo is being impounded.

There are lots of bright lights in Batavia this time of year, but a legendary one has been turned off.

When you drive down Main Street tonight, the familiar green and red neon sign of Pontillo's will be dark.

The restaurant will be open, but under a new name: Batavia's Original.

Earlier this year, the location's new owner, Batavia Pizza, LLC, a creation of Thomas Masaschi, Jeffrey Reddish and Jason Teller out of Rochester, were served with a lawsuit charging trademark infringement by the Pontillo family in Rochester.

No word on the status of the suit.

For our previous coverage of issues related to this Pontillo's location, click here.

Ron Burroughs, one of Genesee County's most tireless volunteers, especially when it comes to his work with Habitat for Humanity, was honored Friday for his efforts.

Burroughs was given the 2010 Health and Humanitarian Award by the Jerome Foundation.

"I can't put it into words," Burroughs chuckled during his acceptance speech. "It's just...I have a hard time comprehending it, really. It seems like there's so many other people out there who deserve it, but they named me...it just floored me."

Ron is a member of St. Paul Lutheran Church in Batavia, and is directing the construction of a new addition there as well.

(WBTA contributed to this report)

A tractor-trailer has jackknifed and reportedly rolled over on the westbound Thruway at the Batavia exit.

Unknown injuries.

It's also not known yet what the tanker was hauling.

Town of Batavia Fire and Mercy EMS responding. State Troopers are on scene.

UPDATE 11:32 a.m.: Tanker is carrying salt. There is some diesel fuel spill. The driver is out of the truck and walking around.

UPDATE 11:46 a.m. (Billie): The vehicle is carrying 78,000 pounds of granular salt. There is concern about the diesel fuel and they are working to absorb it with pads and sand. The driver is being transported to UMMC with complaints of back and neck pain and he has some minor abrasions. A pumper is requested from Oakfield to standby at the Batavia fire station. Traffic may be diverted to exit 47, Le Roy, but that hasn't been confirmed yet.

UPDATE 12:12 p.m.(Billie): After a "tug of war" with Thruway authorities about handling traffic in the aftermath of this accident, Batavia chief on scene says the Thruway supervisor insists on opening up traffic lanes and removing, or shifting, the emergency equipment. "We are packing up all of our equipment and we are leaving. It's all in the Thruway supervisor's hand." They opened the left lane to traffic, most firefighters have left, and those remaining are pulling onto the grass and staging in the right lane. A piece of equipment from Montgomery is en route to hoist the disabled tractor-tanker onto its wheels. The chief made sure the supervisor's name was written down "for the record."

UPDATE 12:25 p.m. (Billie): The Batavia chief says the Thruway supervisor is now directing traffic by himself standing behind his truck with a single amber light. "That's the extent of the traffic control here." All Town of Batavia units are back in service.

UPDATE 12:43 p.m.: Below, the current situation at the accident scene.

UPDATE 12:48 p.m. (Howard): We're hearing voices of two or three people talking about directing traffic on the Thruway. They're not using call signs, so we don't know who they are. It sounds like they're struggling with the traffic situation. They are trying to figure out how to position a truck ahead of the accident to get people to slow down. People do slow down, but then speed up again and then slam on their brakes just before the accident scene.

UPDATE 1:04 p.m.: One of those voices just said, "You've got about a 50-50 chance of getting somebody with their head up their ass."

UPDATE 1:19 p.m.: The truck has been slid completely onto the shoulder so neither lane is blocked. A voice just said it will be at least two hours before the truck is removed.

UPDATE 3:53 p.m.: A tow truck capable of getting the tanker upright and hauled away is expected on scene at 4:30 p.m.

UPDATE 9:24 p.m.: Some time within the past 10 minutes, the scene finally cleared.

Photos from the Thruway web cam.

A two-car accident with injuries is reported on Veterans Memorial Drive, near Walmart, in the Town of Batavia.

Mercy EMS and Batavia fire are responding.

UPDATE 6:23 p.m.: The actual address is 4133 Veterans Memorial Drive. A second ambulance is requested out of Oakfield.

UPDATE 6:45 p.m.: A 44-year-old woman who was a front passenger is being transported to UMMC complaining of sternum pain. There was air-bag deployment in the accident. Another woman is also being taken to that hospital complaining of pain in an arm and lower abdomen.

Santa is visiting Clor's Meat Market, at Lewiston and Main streets in Batavia, today until 5 p.m.  There's also a chicken BBQ available and donors are asked to bring non-perishable food items for Don Carroll's Toys for Kids Toys and Food Drive.

Above, Hailey, 5, and Noah, 2, get a chance to let Santa know what they want for Christmas.

A car has reportedly slid off the road and hit a tree in the area of 3336 Pratt Road, Batavia.

Minor injuries are reported.

Responders are encouraged to use caution on approach due to slick road conditions.

East Pembroke Fire and Mercy EMS responding.


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Not much time for photos today, but while out on Wortendyke Road near sunset, I spotted this scene.

Today at Ken Barrett's car dealership, the Salvation Army held its annual Christmas Toy Drive with the help of WBTA and the City Fire Department.

A two-car accident is reported at Swan and Ellicott streets in the City of Batavia. One person is said to have a minor neck injury.

City fire and Mercy EMS are responding.

This story has been updated, see below.

Robert Morris Elementary School is among 1,000 competitors in the Pepsi Refresh Project this month -- and if all goes well, they'll be one of the grant recipients. They want you to cast votes for them -- that's how the winners are chosen.

The school, located at 80 Union St. in Batavia, submitted a project idea to build a better, environmentally friendly playground there.

Each month, Pepsi ponies up $1.2 million in grant funds for worthy projects in the United States. Thus, there are 12 submission periods. If a project doesn't win one month, it can be resubmitted, according to the website rules. And if it made the top 100, it will automatically be rolled into the next month's competition.

This month, there were 1,096 ideas submitted. But only the first 1,000 are considered and only 32 will win money. It breaks down like this: two get $250,000; 10 get $50,000; 10 get $25,000; and 10 get $5,000.

The grants fall into six categories: health and fitness; food and shelter, education; The Planet; neighborhoods; and arts and culture.

People can go online and vote up to 10 times a day per person, per IP address/account. Voting ends at the end of December. Potential winners will be notified within the first week of January. Actual winners will be posted online by mid-month.

UPDATE:

Robert Morris School Principal Diane Bonarigo said that playground improvements -- designed by Parkitects -- are based on surveys filled out by parents, teachers and students.

Some features of the new playground would include safer and more usable equipment for kids with disabilities, equipment that is more suited for younger children, solar lighting in the evening for safety, more trees and mulch, and more opportunities for kids to get active.

Teacher Jerry Sloan said that the Playground Committee, of which he is the faculty leader, wanted this project to extend "beyond the scope of our school."

"The playground is used by the community," said teacher Jerry Sloan of the Playground Committee. "And for a lot of kids, it's one of the few available means of recreation."

"We're not just doing this for us," Bonarigo said. "We're doing it for the community. We think it will benefit (Batavia) for years to come."

1. You can go to refresheverything.com/robertmorrisplagyround, where you can find more information -- including a video made by students, staff and parents -- and vote by clicking the "Vote for this idea" tab (upper right).

2. You can also vote via text messaging. Simply text to 73774 and enter 104607 in the message.

3. If you have a Facebook account, you can enter your Facebook username and password to cast your vote (and also share with friends).

A story published by The Batavian in August 2009 received a second-place award from the International Association Firefighters in the organization's 2010 media awards.

The story, about the local firefighters' union annual MDA "Fill the Boot" campaign while ambulance layoffs loomed, was picked for nomination by City Fighterfighter Bob Fix and other members of the department.

The award category was for news stories on the Web. First place went to 1strespondernews.com.

A total of 245 entries from throughout the United States and Canada were judged in the competition.

Along with the recognition, the IAFF presented The Batavian with a $250 check.

An 18-year-old Batavia man allegedly called a Byron-Bergen School and imitated a girl's father to get her released from school early.

There was reportedly a court order in place requiring the man not contact the girl.

Arrested by the Sheriff's Office was Michael Aaron Witkop of Ross Street.

He is charged with criminal contempt, 2nd, and criminal impersonation, 2nd.

Witkop was jailed on $250 bail.