batavia

Batavia Police are looking for a subject in the area of Buell Street, west of Cedar Street.

The subject may have committed a petit larceny at Pandora's Boxxx on Ellicott Street.

A partial description, a white male with a tanned complexion wearing a plaid shirt and gray undershirt.

UPDATE (3:25 p.m.): The owner of Pandora's Boxxx reportedly spotted the suspect and followed him down Edward Street, where he ran into Elmwood/St. Joseph Cemetery. Police arrived and he tried to escape but appeared to run out of energy, or willpower, and was quickly apprehended.

A Batavia man who stole a wallet from a car on Gateway Drive and used credit cards to make purchases at stores on Veterans Memorial Drive is facing two to four years in prison after pleading guilty in Genesee County Court today.

Kyle C. Monroe admitted in court that he stole the wallet and removed a credit card and a debit card, he also admitted to a violation of probation.

Monroe was convicted of possession of stolen property, 4th, on March 9 and is now considered a second felony offender for purposes of sentencing.

Defense Attorney Jerry Ader asked that his client be released under supervision so that Monroe can take care of some personal matters before going away to prison. Ader said that Monroe has been living with his girlfriend on State Street Road and started classes at GCC before his last arrest.

"I won’t forgo the possibility of release, but that doesn’t sound like a promising plan," Judge Robert Noonan said.

Bail on the larceny case is set at $5,000 and bail on the probation violation is $10,000.

Sentencing was set for Sept. 23.

Previous coverage:

• Reader tips help lead to arrest of larceny suspect
• Alleged credit card larcenist also accused of violating probation
• Police Beat: Man allegedly found driving stolen Caravan
• County Manager Gsell helps apprehend alleged car thief

Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)

Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.

A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.

Community members young and old came to Austin Park tonight for Batavia's "National Night Out," a chance for residents to mingle together, see old friends, make new ones, learn about public safety issues, have their children receive ID cards and play a few games and enjoy some local music.

More pictures after the jump:

An interesting situation arose tonight that's just kind of worth noting for the record: Mercy EMS ran out of ambulances.

When a girl fell from a scooter on Summit Street at about 10:45 p.m., just a block from UMMC, a dispatcher asked Batavia City Fire who should respond. The city asked for Oakfield.

Seconds later, a Mercy EMS ambulance noted they were in service (meaning free to take a call). The dispatcher asked city fire if Mercy EMS should respond. City fire responded that it was only a "BLS call" (basic life support).

Dispatch informed the Mercy EMS unit that Oakfield was responding. The unit, with a siren blaring in the background, informed dispatch it was only three minutes out. The dispatcher responded that the agency with jurisdiction had already requested Oakfield.

Oakfield's ambulance was on scene within minutes and had the patient quickly transported to UMMC.

I can't think of another time in which I've personally heard a volunteer ambulance service responding to a call in the city since Mercy took over ambulance service.

At National Night Out in Austin Park this evening, Batavia City Fire Department was on hand with Ladder 15. My joke, pointing to the top, "What's the price of the ride?"

That evolved into permission to get an actual ride high over Batavia aboard the platform of Ladder 15.

Thank you to city fire for letting me get a view of Batavia from such a great vantage point.

Firefighter Bob Fix drove the rig up and back down, and I know he was laughing under his breath when he said, "You know you can let go of the railing. You're wearing a harness."

The wind and any movement causing the bucket to sway wasn't frightful so much as it was disconcerting. I politely declined his offer to not keep one hand on the railing to steady myself.

More pictures after the jump (and more pictures from National Night Out T/K):

A Batavia woman is accused of making her 13-year-old daughter and an 11-year-old friend ride in the trunk of her car going to and coming from a bonfire at a friend's house on Old Creek Road this past Friday.

Julie C. Stevens, 57, of 18 Harvester Ave., is charged with two counts of endangering the welfare of a child.

She appeared in Batavia City Court this morning and Judge Michael Delplato required her to take her daughter to the girl's father's house in Perry before imposing an order of protection barring her from contact with the girl while the case is pending.

She was also given time to arrange for representation through the Public Defender's Office.

Stevens is scheduled to appear in city court on Wednesday and enter a plea and receive the order of protection.

In a statement to police, Steven said she had six children riding in her car after they had spent some time playing at the spray park. She said the back seat of her car folds down and there were children sitting on the folded down seats and her daughter and another child in the trunk.

She said they spent two hours at the bonfire.

A mother from Varysburg filed a complaint with city police after one of her children -- who had been left at Steven's house to be babysat -- told her a couple of days later what allegedly happened.

The city court file contains statements from the mother and two of her children, including the 11-year-old boy who was allegedly told to ride in the trunk.

The make and model of Steven's car were not listed in the court file and the information is not available through city police.

The case was investigated by Officer James DeFreze and Officer Jason Davis.

Here's a news release sent today from Assemblyman Steve Hawley's office.

For the last two years, I have written numerous letters and made several phone calls to the NYS Attorney General’s Office and personally met with a representative of the office concerning the drastic fluctuation in the price of gas from county to county.

In my letters, I cited the discrepancy of gas pricing and frustration felt by citizens in the 139th Assembly District.

The district I represent consists of all of Orleans County, most of Genesee County, the Town of Somerset in Niagara County and the towns of Clarkson, Parma and Hamlin in Monroe County.

In most instances, the price per gallon of gas is considerably higher in Genesee and Orleans counties than in the surrounding counties. I know there are many variables which determine the price per gallon of gasoline, but with the price per barrel of crude oil falling, this discrepancy should not occur in Western New York.

In his response to my letters, the Attorney General’s Executive Director of Legislative Affairs and State Policy Jim Malatras notified me that the issue of price gauging was still under investigation.

A two-year investigation without a concrete and definitive answer other than “it’s zone pricing” is long enough.

For this reason, I encourage citizens who feel the variance in pricing should be investigated to express your opinions by contacting the NYS Attorney General’s Office or by signing the New York State Consumer Protection Board CPB Gasoline Price Gouging Complaint Form.

Attorney General’s Office
Phone: (585) 546-7430
Website: http://www.ag.ny.gov/resource_center/complaints/complaints.html

NYS Consumer Protection Board
Website: https://www1.consumer.state.ny.us/cpb/GASComplaintForm.html

Watch out for the little old man hobbling along with his walker the next time you're at the store -- he could be dangerous.

Dangerous on the road, that is.

Batavia resident Catherine Roth said she has seen a number of people out in public -- most of them senior citizens -- who drive even though they shouldn't.

"I once saw this man who could barely walk, and he's got an SUV!" Roth said.

Roth is well-known in Batavia for voicing her concerns about elderly drivers. This started with the death of her 30-year-old son almost 20 years ago.

Jim Roth was killed in October 1991 by an 81-year-old man driving the wrong way on Route 481 in Syracuse.

Catherine and her husband, who died two years ago, both worked hard to toughen the rules regarding elderly citizens on the road. Roth defends her position by citing laws in other states -- including "Katie's Law" in Texas, and a New Hampshire law requiring drivers over 65 to be tested every five years -- that regulate and limit senior drivers.

She has caught wind of some resistance to her efforts among Batavia's older population, but she sticks to her guns nonetheless.

"We have all these laws for young drivers," Roth said, "but when we talk about laws for elderly drivers, forget it!"

The trouble is, Roth has come to the point where she herself might have to surrender her place behind the wheel. She will be 90 years old soon, and has concerns about whether or not she should still be driving.

"I've been thinking about giving up driving for the past several years," she said. "When I realized I would be turning 90 and that my license was going to expire (this month), I realized I had to decide whether to renew the license or quit driving."

Roth said she doesn't have any specific problems that compromise her ability to drive safely, but she worries that "reaction time" might slow with age.

"Right now I drive as little as possible," she said. "I drive to Stafford three or four times a week to work at the museum. Everone who's rode with me has said I'm a good driver. But I've already begun to explore different ways of getting around (like taking a taxi)."

Roth actually asked to be re-tested to see if her driving skills were up to par -- her request was denied.

At this point in time, New York State has no system set up for that sort of thing. Re-taking the driver's test is only possible for those who have been reported.

This is an important issue for Roth, because better testing for senior drivers is one of the reforms she and her husband pushed for over the years.

"A lot of times, all it seems to depend on is eyesight," she said. "If someone's eyesight is good, he can mail in his license and get it renewed. That's just wrong!"

She then pointed out that the person in question could have very good eyesight, but at the same time barely have the ability to walk.

Sometimes, according to Roth, even a doctor's caution is unhelpful.

"If their doctor tells them they shouldn't drive, they'll go to a different doctor."

Roth understands seniors' reluctance to give up their licenses and, by extension, their independence.

"I've been without a car for the past week, and it's been driving me nuts!" she said.

Most of Roth's friends are in their 80s and in the same boat. She is far from unsympathetic to the tough decision facing older drivers.

"I know you want your independence -- but darn it, don't kill my son or anyone else."

She shared some recommendations for seniors who would like to continue driving, but not be a danger to other drivers: don't drive at night; avoid streets near schools around the end of the school day; and avoid big cities.

In addition, she listed some decent alternatives to driving for seniors who still need to get around.

"The Office for the Aging has some good programs," she said. "And you can take a taxi in Batavia for about $5. And then there's always the option of turning to friends, but you try not to bother people for little things.

"It's best to do all of your errands in one trip (so you don't have to call your friends whenever, for instance, you need some milk). You try to keep your independence, even if you have to be dependent in some ways."

 ADDITIONAL FACTS ABOUT ROTH:

Roth is on the Board of Trustees for the Stafford Historical Society, and just finished -- after nine years -- serving on the Board of Trustees for Batavia's First Presbyterian Church. She is also a volunteer at the Batavia Cemetery.

A most interesting fact about her is that she is a triplet. She and her two sisters will be celebrating their 90th birthday very shortly.

"As far as we know, we're the oldest living triplets in the United States," Roth said.

A lifelong Batavia resident admitted in Genesee County Court this morning that on July 17, 2009 in the parking lot at the corner of North and Bank streets, he sold a quantity of cocaine to an undercover agent.

Dyllon E. Soccio, 20, of 134 Tracy Ave., pled guilty to a single count of criminal sale of a controlled substance, 4th.

Last month Soccio pled guilty to criminal possession of marijuana.

Both felonies carry a maximum sentence of two and a half years in prison. As part of a plea deal, Soccio is eligible to serve the sentences concurrently.

He will be sentenced on Sept. 21.

Dressed nicely in faded light-colored pants and a white shirt, Soccio said little in court today except to answer Judge Robert Noonan's questions.

Soccio was charged in the 2009 sale on July 20, the same day he admitted to possessing marijuana.

The marijuana was found in his residence when it was raided June 23 by the Local Drug Enforcement Task Force. During that raid, agents also found several grams of hallucinagenic mushrooms. Charges related to the mushrooms were waived in exchange for the plea on the marijuana possession charge.

Today, I came upon this barn -- though I'd seen it before -- on Old Creek Road, Batavia. Today seemed like the right day to take a shot of getting it on film (so to speak).

Alice Buckel places lettering on a sign on the property of the former Beehive Diner, 4974 Ellicott Street Road, Batavia, to let the world know it will soon be the Fedora Diner.

The Beehive closed years ago and the building near the corner of Ellicott and Shepard was most recently a location for the St. Nick's Club Ladies Auxiliary.

Buckel has crews inside painting, cleaning and installing restaurant equipment. The outside is also being repainted. She expects it will be six to eight weeks before the Fedora Diner opens.

The name was suggested by her son, who will play piano in the diner once a week. The interior theme will suggest the 1940s era.

"I wanted to do something on my own," Buckel said.

She has previously run her own cake-decorating business from her home.

The diner will be open for breakfast and lunch, closing at 2 p.m.

Among the specialities planned, Buckel said, are mini-donuts and special pancakes.

An electricity line is reportedly down in the area of 68 Chandler Ave., Batavia.

It is down across the roadway and blocking.

City police on scene, and city fire is responding.

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A Batavia man allegedly led Avon and Livingston County law enforcement on a high-speed chase into Genesee County, where he initially evaded detection, according to the Genesee County Sheriff's Office.

A vehicle reportedly being driven by Randy S. Rumble, 27, of State Street, Batavia, was spotted in the Tops gas station in Le Roy and a Sheriff's patrol followed it out of the station and identified it as the same vehicle chased into the county.

Rumble was eventually taken into custody on Morganville Road when his car ran out of gas.

He's been charged with Genesee County with felony DWI, felony driving with a BAC of .08 or greater, felony unlicensed operation, unlawful fleeing law enforcement, failure to yield to emergency vehicle, two counts of failure to stop for a stop sign, unlicensed operation and consuming alcohol in a motor vehicle.

Rumble was arraigned in Town of Stafford Court and jailed on $5,000 bail. Charges are pending in Town of Le Roy, Village of Avon and Livingston County.

At about 7:20 p.m., Avon police notified Genesee County dispatch of a pursuit on westbound Route 20. The pursuit entered Genesee County on Route 20 and continued north on Route 63.

At that point, the Avon patrol broke off the pursuit and lost sight of the vehicle.

A short time later, a citizen called dispatch and reported seeing a car matching the suspect vehicle driving north on Roanoke Road.

It was soon after that that a Sheriff's patrol spotted the suspect car at Tops.

Rumble allegedly drove from Tops north on Keeney Road. After confirming it was the suspect vehicle, the deputy attempted a traffic stop. The car continued on Keeney, onto Randall Road, across Route 237 onto Morganville Road, where it ran out of gas.

Rumble allegedly fled on foot. He was reportedly found a short time later lying in a hedgerow.

Involved in the pursuit and investigation were Sgt. Thomas Sanfratello, Sgt. Greg Walker, Deputy Patrick Reeves, Deputy James Diehl, Le Roy Officer Emily Clark, Trooper Holly Hansel, Avon PD and Livingston County K-9.

JodyLynn Wetmore, 35, of North Spruce Street, Batavia, is charged with DWI and with a felony count of driving  with a BAC of .08 or greater with a child passenger (in violation of Leandra's Law). Wetmore was reportedly observed at the East Pembroke Mud Races in an intoxicated condition. She was reportedly told by a Sheriff's deputy not to drive. Some time later, she was allegedly observed driving out of the parking lot. Wetmore was stopped at 10:14 p.m., Saturday, by Deputy John P. Weis. Wetmore allegedly had an 8-year-old passenger in the car.

Dean Wilkins, 46, of Route 20, Pavilion, is charged with criminal contempt, 1st, and harassment, 2nd. Wilkins is accused of slapping his roommate, who had an order of protection in place.

James Michael Palladino, 33, of Waterman Street, Lockport, is charged with DWI, driving with a BAC of .08 or greater and no or inadequate headlight. Palladino was stopped at 11:06 p.m., Saturda, on Route 77 in Pembroke by Deputy Patrick Reeves.

Nicholas Anthony March, 23, of Phillips Road, Oswego, is charged with unlawful possession of marijuana. March was stopped for an alleged traffic violation at 1:48 a.m., Sunday, by Deputy Patrick Reeves, who reportedly found a quantity of marijuana in March's car during a search.

Jane Amanda Lachut, 23, of Phinney Road, Hannibal, is charged with unlawful possession of marijuana. Lachut was allegedly found in possession of marijuana during a traffic stop on Route 77, Pembroke, at 1:38 a.m., Sunday, by Deputy Patrick Reeves.

Roberto R. Ayala, 25, of 5 Valleyview Drive, Batavia, is charged with assault, 2nd. Ayala is accused of striking another person with parts of a broken chair during a domestic incident 8:10 p.m., Thursday.

Philip J. Ritter, 56, of Stonehall Road, Rochester, is charged with public lewdness. Ritter is accused of urinating in public at around noon, Sunday, in the area of the town park, Town of Pembroke. He was jailed on $500 bail.

Anne C. Levy, 21, of 21 Prospect Ave., Ithaca, is charged with DWI and speeding. Levy was stopped at 11:51 p.m., Friday, on Pearl Street by Officer Dan Coffey.

Martin F. Jones, 39, of 10 South Main St., Batavia, is charged with exposure. Jones was observed by Officer Thad Mart allegedly urinating in public in Austin Park.

Chrystal Marie Bush, 21, of Oak Orchard Road, Batavia, is charged with petit larceny. Bush is accused of shoplifting at Walmart.

Jonathan Paul Bouter, 26, of Oak Orchard Road, Batavia, is charged with petit larceny. Bouter is accused of shoplifting from Walmart.

Vincenzo M. Delucia, 34, of Rochester, is charged with DWI, a right-of-way violation and refusal to take a breath test. Delucia was stopped by State Police at 11:38 p.m., Saturday, in Darien.

Melessia A. Winkler, 23, of Amherst, is charged with DWI and driving with a BAC of .08 or greater. Winkler was stopped by State Police at 11:10 p.m., Friday, in Darien.

David R. Meier, 51, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, operating without insurance, no license, aggravated unlicensed operation and suspended registration. Meier was stopped by State Police at 7:08 p.m., Thursday, on Alexander Road, Alexander.