batavia

Benito A. "Red" Gay, 29, of Vine Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Gay is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions.

He was indicted by a Genesee County Grand Jury on a sealed indictment.

On Dec. 28, Deputy Ryan DeLong identified Gay as the operator of a vehicle in the Town of Batavia. Following a traffic stop, he was charged with DUI - Drugs, unlawful possession of marijuana, unlicensed operation, and registration plate display violation.

He was issued tickets and released.

Later that evening, deputies learned that Gay was wanted on a sealed grand jury indictment. They proceeded to Gay's residence on Vine Street and took him into custody on the warrant.

He was jailed pending further court proceedings.

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.

Among the New Year's parties that Genesee County residents enjoyed tonight was one at Center Street Smoke House, complete with party favors, balloons, and live music.

Happy New Year!

(Photo from 1953 Golden Gloves fight "Franny Bond (left) vs. Edson Brown" from the archives of the New York Daily News.)

By Tim Bojarski, for Batavia Downs

Batavia, NY --- Francis R. Bond, 86, a longtime owner, driver and trainer at Batavia Downs and Buffalo Raceway, died peacefully Tuesday morning, Dec. 26, at United Memorial Medical Center in Batavia.

“Franny” Bond was born in Buffalo on July 27, 1931. He became a Marine after leaving school and began boxing while in the service in the Armed Forces Title Fights.

He fought in the lightweight class and eventually worked into the featherweight division. The then 126-pound “fighting Marine” was described as “a game and lively scrapper who could take a hit and come back with a better one.”

Corporal Bond became one of the Marines' top boxers, winning a featherweight title in 1953 while often times fighting men from the professional ranks between service bouts and sometimes competing in higher weight classes.  

Bond continued to fight professionally in the Golden Gloves after he left the service under the name Bobby Bond and was trained by Angelo Dundee who also conditioned the likes of Muhammad Ali, George Foremen, Sugar Ray Leonard and Carmen Basilio. He competed in 15 professional fights all over the Eastern Seaboard including New York City at Madison Square Garden.

Bond first got involved in harness racing in 1966 and eventually got his trainer and driver’s licenses. He ran a small stable for the next 39 years, seeing most of his driving success in the 1970s (where he scored 135 of his 189 careers victories) and most of his training accomplishments (total of 108) between 1990 and 2000. Bond also occasionally catch-drove horses when the opportunity arose.

Bond’s last winning effort came on May 16, 1996 behind H F Harriet at Buffalo Raceway.

Bond was an entrepreneur and made a buck anyway he could. He owned a soft drink distributorship, ran the track kitchen at Batavia Downs and sold hay, straw and feed for many years while, and after, he was competing himself. He was known by everyone on the backstretch and was an affable individual his entire life.

No memorial information has been relayed. 

A minor-injury accident is blocking traffic at Lewiston Road and Veterans Memorial Drive. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 4:28 p.m.: The accident occurred on Lewiston Road, west of Veterans Memorial Drive. A Jeep was westbound on Lewiston when it hit a patch of ice, spun around and struck a maroon minivan on its side. The collision forced the minivan off the roadway and into a tree. 

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003.

Below are some previous litigation highlights: 

• A $1.275 million settlement was reached during trial for a plasterer/drywall finisher who was injured while working inside of a building. Our client suffered serious injuries to his back, neck, knee and wrist as a result of a fall down a wet staircase, a condition that had been created by the building owner. 
• A $1.25 million settlement was reached on behalf of a satellite dish Installer who suffered a herniated disc in his back. Our client was performing an installation when icy conditions at his work site caused him to fall. 
• A $1.2 million verdict was reached on behalf of a Laborers’ Local 210 laborer who suffered serious shoulder and neck injuries as a result of a fall at a job site. Our client was performing renovation work in an existing structure when the ceiling collapsed onto him, knocking him off his ladder and down onto the ground below. 
• A $950,000 settlement was reach on behalf of a roofer who suffered back, shoulder, and knee injuries. Our client was removing an existing roof from a commercial structure when it collapsed beneath him sending him crashing through to the concrete below. 

Call Kristin Allen at 585-815-9003 for any of your workers’ compensation needs.

In what may be the last regular season meeting between Batavia and Notre Dame in boys basketball, the Blue Devils came out on top 68-45 to win The Peter Arras Memorial Basketball Tournament.

The tournament has commonly been known as the Lions Tournament, but the Lions Club of Batavia renamed it this year in memory of Pete Arras, a longtime Lions Club member and founder of the tournament.

The tournament is usually the one meeting each year between Batavia and Notre Dame, but next year, the tournament format will change to include eight teams, four each in Class A and B, and four teams in Class C and D, which is why Batavia and Notre Dame aren't likely to play each other again.

Last night, Mason McFollins scored 17 points, hitting five three-point shots. He was named tournament MVP. Steve Gilebarto and Antwan Odom scored 14 apiece.

For Notre Dame, Ryan Moffet scored 11 points and Keith Szczepanski scored eight.

Besides McFollins, the all-tournament team was Liam Ward, Albion, Colin O'Hallohan, Elba, Antwan Odem and Steve Gilebarto, Batavia, and Ryan Moffet, Notre Dame.

A new feature of the tournament is a banner acknowledging all of the teams. The winning team signs the banner and will be able to display it in the school. Above, Nancy Arras, wife of Pete, signs the banner.

To purchase prints, click here.

On Friday nights, the lights are on for outdoor skating at DeWitt Recreation Area, sponsored by the Kiwanis Club of Batavia.

This coming Friday, Kiwanis members will be serving hot cocoa from Tim Hortons to skaters who show up between 4:30 and 7:30 p.m.

Above, Kiwanis member Peter Guppenberger.

A deal to sell property on Ellicott Street to Savarino Companies for development of Ellicott Station, which includes a restaurant, office space, and apartments, was finalized in Buffalo today.

Pier Cipollone, president of the Batavia Development Corporation, and Julie Pacatte, economic development coordinator for the BDC, were authorized earlier this week by the BDC board to finalize the property transfer.

Technically, the BDC sold Ellicott Station LLC to Ellicott Station Development LLC/Savarino Companies. Ellicott Station LLC, not the BDC or the City, was the owner of the real estate.  

The sale needed to close by Jan. 31 because of changes in the tax law would have meant loss of a $200,000 tax credit for the new owners.

Savarino is still working with 16 different entities to finalize financing for the development and has some environmental investigations yet to complete. Officials expect financing to close by mid-February.

The Buffalo-based firm is making a direct investment of about $3.5 million and will borrow approximately another $10 million or more, and local, state, and federal programs will cover another $5 million or so of the more than $18 million in project expenses.

Some of the financing is coming through the New Market Tax Credit program, which is one factor in why the financing is complicated (see prior story).

Resurgence Brewery will be the anchor tenant for the development and BDC officials expect a 2018 opening for the new restaurant.

The approximate 64,000-square-foot development will include office space and a five-story apartment complex with 51 units.

The location is the former buildings of Santy's Tire Sales and Soccio & Della Penna Construction.

Press release:

There’s so much talk these days about how polarized we have become as a nation. People digging in and unable to hear what others are saying. Trying to turn differences of opinions into win – lose arguments.

We also may feel so resentful of people who disagree with us that we want to dominate or eliminate them. People are hurt, and we walk away shaking our heads, wondering why. But what if there was another way?

We would like to invite you to an event to talk about some of our struggles. We will be holding a community event called “Can We Talk?" on Thursday, Jan. 18^th, 7 p.m. at the YWCA, 301 North St. in Batavia.

We will be joined by Professor Barry Gan, director of the Center for Nonviolence at St. Bonaventure University, along with Gary Pudup, Upstate coordinator of New Yorkers Against Gun Violence, and Eugene Jankowski, Batavia City Council president and gun rights advocate.

Professor Gan will help us experience how we can talk about issues of disagreement and work to foster understanding and common solutions in our daily interaction with others.

We encourage everyone to bring friends and family, and participate in this opportunity to make your world a more peaceful place.

Event Planning Committee:

Reverend Roula Alkhouri, Ph.D., YWCA Board Member

Reverend James Morasco, Morganville United Church of Christ

Joanne Beck, Batavia YWCA

Lazeula D. Washington, 40, of State Street, Batavia, is charged with trespass. Washington is accused of entering the Genesee Country Mall though previously barred from the property. He was jailed on $250 bail.

Jeffery Thomas Dutton, 26, of Buell Street, Batavia, is charged with harassment, 2nd. Dutton was arrested after police responded to Walnut Street for a report of two men fighting.

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested after allegedly failing to appear on a subpoena related to a charge of criminal contempt, 2nd. 

Dexter L. Turner, 26, of Victor Lane, Hamlin, was arrested on two warrants out of City Court. He was jailed on $5,000 bail or $10,000 bond.

David C. Wojkowski, 33, of Swan Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic ticket.

Daniel J. Horner, 37, no permanent address, was arrested on a warrant for alleged failure to appear on a prior appearance ticket.

Deina Chavez, 36, of Rochester, is charged with conspiracy and petit larceny. Deina was arrested by State Police in relation to an incident reported at 1:13 p.m. Oct. 28 at Kohl's Department Store. Chavez was jailed on an unspecified amount of bail. No further details released.

Members of the Batavia High School softball team, along with parents and coaches and parents, were at the basketball tournament on Wednesday night selling snacks and drinks.

The concession booth is a fundraiser to help the team pay for a trip to a softball camp in Myrtle Beach, S.C., in March. The camp will allow the team to start practices and see game action, helping them prepare for the season, while most of the team's spring competition is still stuck in frigid WNY.

Notre Dame and Batavia will meet in the finals of The Peter Arras GCC Basketball Tournament at Genesee Community College on Friday after both teams won opening round games of the annual tournament organized by the Batavia Lions Club.

Notre Dame beat Elba 77-66 and Batavia beat Albion 84-58.

In the first game, Notre Dame and Elba traded leads throughout the first three quarters, but the Irish pulled away by scoring 30 points in the fourth quarter even as Elba scored 24.  

Ryan Moffat scored 26 points for the Irish, hitting five three-point buckets. Nico Zambito scored 17 points. Spencer Miskiti and Brendin Klotzbach each scored eight.

For Elba, Jonathan Boyce scored 20, Collin O'Halloran scored 16, Colton Dillon, 14, and Ben Pflaumer, 13.

In the nightcap, Mason McFollins scored 31 points, hitting seven three-pointers, while Ray Mlodozeniec scored 13, Trevor Zewan, 12, and Jonathan Liciaga, 8.

For Albion, Liam Ward scored 20, hitting four three-point shots and Bryce Pritchard scored 17, hitting five three-point shots.

Elba and Albion will play the consolation game at 6:30 p.m. Friday, and Batavia and Notre Dame tip off at 8 p.m. Both games are played at GCC.

To purchase prints, click here.

A single-vehicle accident is reported on Chestnut Street in the City of Batavia. No word on injuries.

A car reportedly went off the road at 3 Chestnut St., struck a utility pole, careened through a front porch, and stopped at 1 Chestnut St.

City police, fire and Mercy medics are on scene.

UPDATE 10:40 p.m. (by Howard): The vehicle was backing out of a driveway from a residence across from 3 Chestnut. Police are investigatng and have yet to determine why the car backed up, at an apparent brisk rate of speed, over the curb, struck a utility pole, then the porch of 3 Chestnut. It sheared off the driver's side door, which was apparently partially opened, and then struck a parked SUV at 1 Chestnut. The vehicle at 1 Chestnut sustained minor damage. No injuries were reported at the scene of the accident but an ambulance was dispatched to Batavia PD to evaluate somebody who was in an accident (we are unsure if this is the same accident). Sgt. Dan Coffey said at this time police have no idea what happened or why, and they are investigating.

Two women are in custody following an apparent confrontation inside another person's home in Alexander at 5:28 p.m., Tuesday.

Arrested were Jennifer Martino, 42, of Pearl Street, Batavia, and Amber Holland, 35, of Cambridge Square, Buffalo. They were charged with second-degree robbery, second-degree burglary, criminal mischief, 3rd, endangering the welfare of a child, and criminal mischief, 4th.

According to the Sheriff's Office, the duo forced their way into the home of an acquaintance. Once inside, investigators said, there was a physical confrontation. The duo also allegedly damaged property and stole property belonging to the resident.

Martino and Holland allegedly prevented the victim from calling 9-1-1 by taking the person's mobile phone. 

One of the occupants of the home was reportedly a 12-year-old child.

No significant injuries were reported.

Following the report, deputies located a vehicle with Holland and Martino inside and Holland driving. She was also charged with DWI, failure to submit to breath test, and unlawful possession of marijuana.

The pair were arraigned in Alexander Town Court and jailed on $10,000 bail or $20,000 bond each. Holland was also arraigned in City Court and ordered held on the DWI charge on $2,500 bail.

The investigation was conducted by Deputy Micheal Lute, Deputy Kyle Krzemien, and Investigator Joseph Graff.

STORY UPDATED: 12:30 p.m.

Police are trying to locate the driver of a vehicle that struck a jogger on Richmond Avenue near the Blind School at 5:09 a.m., Friday.

Batavia PD is unable to provide a vehicle description or information on whether the vehicle was damaged. 

A Good Samaritan who stopped to assist the jogger, Rosemary Demske, did not see the vehicle that struck her. He thinks.

Glen Enouen, an employee of Scalia's Landscaping who was working that morning driving a snowplow truck, said he was heading back to his route after going to the company's shop on Bank Street Road to repair a plow controller. Heading back, he turned the corner on Richmond and found a car stopped in the middle of the road.

The driver told him a woman had just been struck by a car.

He said he and the other man helped Demske into his plow truck and Enouen proceeded to call 9-1-1.

Asked if the car driver might have been the driver who struck Demske, he said he didn't know. 

"Other than he said, 'don't bother with the phone' and he didn't stick around, I don't know," Enouen said. He said the driver disappeared as soon as he heard sirens.

"I didn't see him leave," Enouen said. "I heard the sirens, looked around and he was gone."

Enouen said he didn't take a good look at the car.

"I didn't have any reason at the time to look deeper than helping that lady out," Enouen said.

A family member said Demske and her husband, John, are avid joggers. 

"They both are very generous with their time volunteering in the community," said her sister-in-law, Michele Bettendorf. "Rosemary is a special education aide in the Batavia School District. She also volunteers at the Genesee Animal Shelter and is involved in their Pet Therapy Program. She is an active member of Resurrection Parish serving as Eucharistic Minister/RCIA Instructor."

When Demske was struck she was thrown to the other side of the street, Bettendorf said.

She suffered a broken tibia, her entire left side was bruised and she has two black eyes, Bettendorf said.

"Rosemary is very thankful that he (Enouen) was there to help her," Bettendorf said.  

Anyone with information that may assist in the investigation is asked to call Batavia PD at (585) 345-6350 and ask to speak with a supervisor any time of day or night.

In a press release, police officials said, "As a reminder to residents please keep sidewalks shoveled for pedestrians. Pedestrians please use sidewalks and if you have to be on the roadway walk facing traffic with reflective outerwear."

Earlier this month, Batavia Bootery hosted "Boots & Bourbon," a special event where guests could taste-test various bourbons and shop for shoes and boots at the store.

The store donated $15 from every pair of boots and shoes sold to the Arc of Genesee Orleans, raising $635.

Yesterday, Don Brown presented the check to Shelley Falitico, director of Development & Community Relations for Arc.