batavia

A caller reported seeing kids playing on train tracks near Wortendyke Road, Batavia, including lying on the tracks while a train was coming. 

Deputies are dispatched. 

CSX is now holding a train to give deputies a chance to search the area. 

UPDATE 9:31 p.m.: A person in law enforcement informs dispatch about a graduation party in the area and kids from the party going up to the tracks.

Public Notice:

NOTICE IS HEREBY GIVEN, that the Genesee County Legislature will hold a public hearing on the submission of an application for Community Development Block Grant funding from the New York State Office of Community Renewal to provide financing to assist in the establishment of milk processing operations at the former Muller Quaker Dairy facility at the Genesee Valley Agri-Business Park in the Town of Batavia, New York by HP Hood LLC.  More detailed information regarding the project will be presented at the hearing.

NOTICE IS FURTHER GIVEN that the public hearing will be held at the Old Courthouse, 7 Main Street, Batavia, NY on the 19^th day of July, 2017 at 5:30 PM. All persons who wish to speak will be heard. Written comments are invited and will be accepted upon delivery to: Clerk, Genesee County Legislature, 7 Main Street, Batavia, NY 14020 prior to the hearing. The hearing location is in compliance with accessibility standards under the Americans with Disabilities Act.

Press release:

The City of Batavia Water Department is on location of a water main break in front of 129 Walnut St. The water has been turned off on Walnut Street from the railroad tracks to the City line, and also on Law Street. We appreciate your understanding while this repair is made. City crews will make every attempt to restore water as soon as possible.

A possible structure fire is reported in the area of 167 Oak St. in the city. Heavy black smoke is reported in the area. City fire is responding. A firefighter in the vicinity reports nothing visible.

UPDATE 8:42 a.m.: Firefighters are at the scene investigating, but on initial search can see no smoke or fire.

UPDATE 8:45 a.m.: All units back in service.

The water level on the Tonawanda Creek, as measured by the station behind the Genesee County Courthouse, peaked at just under 10 feet at about 8 p.m. and started to recede by 9 p.m., according to measurements captured by the USGS.

A flood alert remains in effect until Saturday morning.

Reliant Real Estate is hosting two open houses this Saturday. Stop in and ask Lynn Bezon any questions you may have.

For more information on 13 Woodcrest Ave., please click here. For more information on 9206 Batavia-Stafford Townline Road, click here. Call Reliant Real Estate today. We'll help you find the perfect home!

A motor-vehicle accident with unknown injuries is reported at West Main Street and Lewiston Road, Batavia.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 5:19 p.m.: Minor injuries. Traffic is blocked.

UPDATE 5:22 p.m. Vehicles have been moved to a parking lot. Once firefighters clear up a little debris, traffic should return to normal.

City police are responding to a residence on Ellicott Avenue for a person complaining that "their neighbor's dog is using their lawn as a bathroom."

At 9 a.m., the water level of the Tonawanda Creek, measured behind the courthouse, was 8.5 feet and rising, according to the National Weather Service.

Flood stage is 9 feet.

The creek is expected to crest at 9.4 feet this afternoon.

Impacted areas include Kibbe Park, Law Street and Walnut Street.  

Also, expect flooding in the rural areas of Alexander and the Alabama Swamps.

The first of three sessions to spread kindness throughout Batavia was on Thursday at 6:30 p.m. where participants painted rocks, which will be placed throughout Batavia.

Participants pay $5 to cover the cost of paint and supplies, and bring a rock. Two more sessions -- July 27 and Aug. 17, from 6:30 until 7:30 p.m. -- will be held at Art Ah La Carte in Batavia at 39 Jackson St.

Kim Argenta, owner of Art Ah La Carte, started the project after her friend, Kelly Carlie, told her about a project she runs in Le Roy, called “Le Roy Rocks.” Both are part of the nationwide “The Kindness Rocks Project.”

The City of Batavia is warning of flooding along the Tonawanda Creek in the areas of Law Street, Walnut Street and Kibbe Park.

The Tonawanda is expected to crest at 9.7 feet, which is above flood stage levels.

Residents in the affected areas are asked to keep vigilant and take precautions to minimize property loss.

Sometimes good people do bad things, Judge Micheal Mohun told Bill Thomas before sentencing him to three years in state prison for menacing a police officer.

With the nearly 14 months already served in county jail, and time off for good time, Thomas should be back home with his family in a little over a year.

Family is a big part of the Thomas story, something Mohun noted during his sentencing remarks.

"You're a lucky fella," Mohun said. "Every time you've come to court, your family has been here. Your family has been very supportive. I see you are one of 10 kids, the second youngest. Your mother died in May while you were in jail. I'm sure that was very hard on you.  It gives me great encouragement that your family is with you and has backed you throughout your court appearances and your trial and now they're here with you today. That is a real testament to the Thomas family.

Then he added, "you're also lucky to be alive."

On the morning of March 16, 2016, Officer Pete Flanigan responded to a home on State Street to investigate a report of a disturbance. Bill's brother Rand answered the door and Flanigan saw Thomas, he testified at trial, with a knife in his hand. He said Thomas came at him with the knife and he thought he would have to shoot Thomas, but Rand, in trying to flee the residence, got in between the officer and his brother.

At a trial last month, Thomas was convicted of criminal possession of a weapon and menacing a police officer.

The mandatory minimum sentence for menacing a police officer is two years in prison, with a maximum of eight. 

Mohun also sentenced Thomas to one to three years on the weapons conviction, to run concurrently to the menacing charge. Thomas will also have a year and a half parole to serve when he's released.

Thomas has a prior criminal record, but nothing in the past 20 years and never had a prior arrest for any kind of violence.

He had been living with his mother, caring for her, prior to his arrest.

While Thomas, 57, was represented at the jury trial by the Public Defender's Office, retained counsel Maurice Verillo appeared for the defendant today. He argued for a minimum amount of time in prison and asked that his client's time in prison be at a facility close to Batavia so his family could easily visit him.

Mohun said he has no control over where the Department of Corrections sends Thomas, but he did attach the request to his file, so it is with him when he is processed, and all of the letters of support from friends and family the court received.

District Attorney Lawrence Friedman, who usually has something to say when asked what his sentencing recommendations are by a judge, made no statement in court today.

About a dozen members of his family were in court. After Mohun adjourned the case, they all stood. Deputies allowed Thomas to turn and say goodbye to his family.  Family members told him they supported him and loved him.

Press release:

The Genesee County AmeriCorps Program, in collaboration with the Genesee County and Batavia youth bureaus, is planning the annual Safe Summer Children’s Carnival open to the public to take place from 10:30 a.m. to 2 p.m. on Thursday, July 27, at Falleti Ice Arena, 22 Evans St. in Batavia.

One dollar buys a ticket to play 10 games, and children can win “funny money” to redeem for prizes.

Entertainment by “The Checkers” is scheduled from 10:30-11:00 a.m. and the games will run from 11 a.m. - 2 p.m. with a 30-minute lunch break. Folks from the community should to bring a bagged lunch or plan to leave for lunch.

There will also be several community agency booths that youth can visit to earn a chance to win one of many grand prizes at this year’s event. For more information on the carnival please contact Chelsea at the Genesee County Youth Bureau at 344-3960.

Three people have been arrested, all on Class B felony charges, following an investigation by the GC Local Drug Enforcement Task Force in the City of Batavia.

Jacklyn M. Ganzhorn, 30, of South Lyon Street, Batavia, is charged with two counts of criminal sale of a controlled substance in the third degree -- heroin/fentanyl; and two counts of criminal possession of a controlled substance in the third degree (same drug).

Ganzhorn was arrested Wednesday afternoon by Batavia Police while they were investigating an unrelated matter.

She was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Batavia Police Department assisted Task Force members with the investigation.

Johnnie M. Watson, 34, of West Main Street, Batavia, is charged with three counts criminal sale of a controlled substance in the third degree -- "crack" cocaine; and three counts of criminal possession of a controlled substance in the third degree (same drug).

Watson was arrested Tuesday afternoon by Genesee County Sheriff's Deputies.

Watson is currently on parole.

He was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation.

Edward J. "Jordan" White, 21, of Michigan Street, Lockport, is charged with one count of criminal sale of a controlled substance in the third degree -- "crack" cocaine; and one count of criminal possession of a controlled substance in the third degree (same drug).

White was arrested Tuesday afternoon by Genesee County Sheriff's deputies.

White, who is also currently on parole, was jailed on $20,000 cash bail or $40,000 bond. 

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation. The Task Force is comprised officers from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department.

Press release:

Today’s game between the Batavia Muckdogs and Lowell Spinners has been canceled due to wet and unsafe field conditions.

As the two teams do not meet again this season, this game will not be made up at any time during the season. Any person with tickets to today’s game can exchange their tickets for any other regular season game, subject to availability.

Kimberly Brodsky, 25, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st, and grand larceny, 4th. Brodsky is accused of filing a falsified application for assistance with the Department of Social Services in May 2016. Brodsky allegedly received $2,423 in benefits as a result of the falsified application.

Susan Jordon, 54, of State Street, Batavia, was charged with two counts of offering a false instrument for filing, 1st, and grand larceny, 3rd. Jordan is accused of submitting falsified applications to the Department of Social Services in August 2016 and in February (2017). As result, Jordan allegedly received $3,105 in benefits. 

Catherine Spink, 52, Genesee Street, Corfu, is charged with 10 counts of offering a false instrument for filing in the first degree and one count of grand larceny, 3rd. Spink is accused of submitting various forms of falsified documentation to the Department of Social Services between March of 2015 and March of 2017, which resulted in Spink receiving $3,756 in benefits.

Arne H. Zipkin, 69, of Woodcrest Drive, Batavia, is charged with petit larceny. Zipkin is accused of shoplifting from Dick's Sporting Goods. Zipkin allegedly stole $97.99 in merchandise.

Grand Jury Report:

Jason C. Lehnortt is indicted on a count of felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation in the first degree, and speeding. Lehnortt is accused of driving drunk May 3. He was allegedly drunk while driving his 2006 Subaru on the Thruway over the posted speed limit through Stafford while on a suspended license. He is alleged to have had a prior DWI conviction in January 2008, making the DWI a felony charge with three prior suspensions or revocations still in effect.

A motor-vehicle accident with minor injuries is reported on West Main Street at Porter Avenue.

The vehicles have reportedly moved to a location out of the roadway.

City fire, Mercy EMS responding.

UPDATE 10:07 a.m.: An ambulance is requested to return to the parking lot of Batavia PD. A subject involved in the accident now reports she is in her vehicle unable to move.

A house at 120 Bank St., Batavia is reportedly charged with smoke with an audible alarm going off.

A neighbor called in the possible structure fire. 

City fire is responding.

UPDATE 10:39 p.m.: Firefighters report the odor of smoke, an audible alarm and are trying to force entry.

UPDATE 10:41 p.m.: Unattended food on the stove. Firefighters are searching the residence.

UPDATE 10:42 p.m.: An ambulance requested to the scene non-emergency to evaluate a person who was found in the residence.

A 40-year-old Batavia resident kept Batavia PD at bay for more than an hour this afternoon while he remained locked in his apartment at 4 Miller Ave. following a report of a domestic incident.

Gordon D. Sprague eventually surrendered and was jailed without bail on charges of harassment, 2nd, obstructing governmental administration, 2nd, criminal possession of a weapon, 3rd, and criminal mischief, 4th.

The incident began at 2:48 p.m. with a call to 9-1-1 about a physical domestic on Miller Avenue. As police responded, officers received an update that the male subject was continuing to physically attack the female victim.

Upon arrival, the subject reportedly went into the apartment on Miller Avenue and locked the doors.

Sheriff's Deputies provided backup, including the department's K-9 unit, and a police negotiator attempted to communicate with the suspect.

Sprague, behind locked doors, would not respond to either the negotiator or family members.

Police Chief Shawn Heubusch said at the scene that officers did not believe Sprague was armed or presented a threat, but the street was shut down in "overabundance of caution."

Eventually, Sprague agreed to exit the apartment and he was taken into custody.

He was allegedly found in possession of an illegal switchblade knife. Because of a prior criminal conviction, the weapon's charge was elevated to a felony.

Photo by Julia Ferrini.

Lynda Edenholm and her husband, Jeff, announced Tuesday that Movies In Motion, their video rental business located at 511 E. Main St. in Batavia, will be closing down. While they are sad, Lynda said she is excited to start their new venture, in the same building, called “Lynda’s Custom Wooden Signs and Furniture.”

“Technology took over,” said Lynda. “Even at the dinner table, people are on their phones. We’ve lost sight of the whole reason why we’re here.”

There is no definite closure date, but Lynda said the transition will be over the next two months. They are liquidating more than 10,000 DVDs and Blu-rays starting at 25-percent off. The percentage off will increase as the inventory diminishes.

Movies In Motion has been at its current location for nine years, but opened in 1996 with 180 movies.

Lynda said she has become a big part of the community over the last 21 years.

“We’ve donated to many different school functions, church functions and special fundraisers,” Lynda said. “We did it mainly for the people. We like the interaction with people.”

Because the video store was open seven days a week, Lynda said she has missed many birthdays, anniversaries and special events.

“You can’t just close down anytime you want,” Lynda said. “I want to spend more time with family.”

The best part of running the video store has been watching people grow up, Lynda said. She said she is going to miss all the faces that they normally see.

Lynda has been making custom wooden signs for about two years. She said it seems to be the source of most of her income right now.

“We’re hoping that we’ll get a following after we leave,” Lynda said. “But it’s bittersweet. It really is.”

Lynda said she is not sure how long they will stay in the current building because eventually she would like to move the wood signs and furniture business to online and at their residence in Stafford.

“Our plan is to stay here and still service the community,” Lynda said. “Just on a different level this time.”