batavia

Each month at Jackson Primary School, students learn about a different character trait and this month they learned about kindness.

The community member who helped them with their kindness lessons this month was Capt. Greg Ireland, Batavia Fire Department. Ireland made a video where he read a book about kindness and gave the children a tour of the fire hall.

Today, he had lunch with several of the students and talked with the children about kindness, especially how firefighters are kind. They all ate pizza. One student from each class was selected to attend the lunch based on a teacher recommendation for exemplifying kindness at school.

All of the students at the lunch received a certificate recognizing their kindness.

On Dec. 8, Resurrection Parish Faith Formation celebrated a Sacrament of Confirmation Commitment Mass. Then families prepared greeting cards and children colored pictures and they prepared to distribute cookies to homebound parishioners.

Lunch for students and families was donated by Sodality of Resurrection Parish.

A 44-year-old State Street man admitted in court to stealing $344.50 from the Days Inn in Batavia in October, but as part of a plea deal may with have an opportunity to enter a judicial diversion program.

It will be up to Judge Charles Zambito to decide whether Thomas P. Moynihan can enter a substance abuse program following a report by probation officials to determine his potential eligibility for the program.

Moynihan is due back in court Jan. 3 to hear Zambito's decision.

If Moynihan successful completes the program, his felony charge could be reduced and he would be eligible for probation with no jail time.

If he doesn't successfully complete the program, he would be looking at a prison term of two to seven years.

Moynihan has no prior prison record.

He was arrested by Batavia PD after he went into an area designated for employees at the Days Inn, confronted an employee, demanded money, and then fought with the employee before fleeing.

The employee was not hurt in the incident.

Today he entered a guilty plea to robbery in the third degree.

A 37-year-old transient with roots in Batavia will spend 12 and a half years in prison for his first-degree robbery of the Speedway at 204 W. Main St. in September.

Dustin Wayne Bogue was also charged with criminal possession of a weapon and criminal possession of stolen property.

He entered the Speedway at 1:51 p.m. Sept. 14 and Batavia PD responded to a report of a robbery. He was later arrested following an investigation. 

Under terms of a previous plea agreement, the maximum sentence Bogue faced was 15 years. He could have gotten a minimum of 10 years. District Attorney Lawrence Friedman said Judge Charles Zambito decided to split in half the maximum statutory time of 25 years, which is how he arrived at 12 and a half years.

Bogue has previously served prison terms for unauthorized use of a vehicle, second-degree assault, and criminal contempt.

His father, Lewis W. Bogue Jr., was convicted in Genesee County Court in 1995 of rape and sodomy (Dustin Bogue was not the victim). Zambito, according to Friedman, said he realized Bogue had a rough childhood but he said that was no excuse before imposing the prison term.

Batavia police officers received delivery of cookies and milk, donated by Batavia's Original, yesterday afternoon from the local GORUCK club.  

Rucking combines strength and cardio training. It is walking with weighted ruck backpacks.

Photo: Officer Wes Rissinger, Officer Miah Stevens, and the Dentino family, Gabrial, 2, with his father Colin, Ryan, 7, and Maria. Colin and Maria participate in GORUCK events.

A caller to dispatch reports a male in front of Genesee Dental on Main Street in Downtown Batavia was observed drinking a half pint of alcohol and he is now "checking the doors, air boxing and doing pushups on the sidewalk." City police are responding.

Press release:

The Saturday night (Dec. 14) live card of racing at Batavia Downs has been cancelled due to heavy snow and inclement weather. This ends the 2019 racing season in Western New York as this was the last day of the meet. 

Live harness racing will return to the oldest lighted harness track in America in July.

Western Regional Off Track Betting would like to thank all the horsemen, horsewomen, fans and staff for the record season Batavia Downs had this year and wishes everyone a very Happy Holiday Season.

Above, Vicki McKeirnan, Gail Montgomery, Sandy Tabone, and Joe Zaso and the cache ready to distribute for the annual Washington Towers Christmas Door Decorating Contest: 

On Dec. 10^th, Washington Towers held its Christmas Door Decorating Contest, a longstanding tradition.

Fifty residents participated in 2018 and received a prize. This year even more tenants signed up.

It should not have to be said, but fairness in these matters is of utmost importance.

"Several years ago we decided we needed 'outside' judges so it would be fair," says Washington Towers property manager Valerie Tidwell, who was not forthcoming about the backstory or how the tipping point was reached in determining the "need."

Yet, paradoxically, without any whiff of concern over whispers of nepotism, Tidwell took it upon herself to enlist her three aunts, "The Sisters," and one of their friends and they've been at the annual task ever since -- for more than 12 years now.

With the contest reins firmly in hand, Vicki McKeirnan, Gail Montgomery and Sandy Tabone, along with Sandy’s friend Joe Zaso, all "fun and funny" people with "huge laughs" set their hearts and minds to make the holidays special inside Washington Towers.

The Sisters donate all of the gift bags, each filled with a pleasing array of items including: slippers, socks, hats and gloves, kitchen and bath towels, stationary, candies, holiday items and more. And the cache is brought in in advance and organized.

For their mission, which they volunteered to accept, they don't dillydally. They take their judging duties very seriously although their attire suggests otherwise.

They painstakingly go to each contestant's entrance and critique the door decor by means of an intricate scoring system. Ask the details though you may, they will not be shared. (The Batavian, though tempted, dared not broach the subject.)

The judges pick the mise-en-scène winners and deliver the prizes of gift bags.

Despite the purportedly elaborate scoring calculus, all participants receive a prize, definitely a case of “Everyone Gets a Trophy.”

Regardless, competition for one of the top spots is consistently fierce. After all, bragging rights last an entire year!

The denizens of Washington Towers are so grateful to The Sisters -- and The Friend -- for their time, the gifts and most of all, the holiday cheer they bring.

"They brighten the season for our residents and our staff," Tidwell said. "The residents love it and I love it, but I also know that they love it!"

Photo and information courtesy of Valerie Tidwell, property manager, Washington Towers.

You name it, it was done, roof windows furnace etc...Many nice features including entry hall with laundry area off the garage. Love a place to kick off your shoes and storage-leading into large and cozy kitchen with dining area next to gas fireplace – so so homey!

Look out to a slider door to peaceful backyard or curl up next to fireplace while you eat and entertain! Also has large front living room and three good sized bedrooms. Don’t forget the two car garage and very large and dry basement for all your extra storage or hobbies.

Come see! Click here for more information or call Lynn Bezon today. Call 585-344-HOME (4663).

Edward C. Simmons, 33, of Applegate Drive, Medina, is charged with: second-degree burglary -- illegal entry into a dwelling; fourth-degree grand larceny -- a rifle; and grand larceny -- property value greater than $1,000. Simmons is accused of breaking into a residence on Sept. 16 on East Shelby Road in Oakfield and stealing a 22-caliber Remington rifle and other property valued at $1,000 or more. Following an investigation, he was arrested on Dec. 9 and arraigned in Oakfield Town Court. He was then released on his own recognizance and is due back in court at 6 p.m. on Jan. 6. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Melody McMaster, 48, of Washington Avenue, Batavia, is charged with second-degree criminal contempt. McMaster was arrested on Dec. 9 at an apartment on Chestnut Street in Batavia for allegedly violating an order of protection by being in the protected party's residence at 11:17 a.m. She was issued an appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Brandon Gene Rindell, 38, of West Main Street, Corfu, is charged with aggravated driving while intoxicated -- a BAC of .18 percent or more, and DWI. On Dec. 12 at 7:33 p.m., Rindell was arrested after his vehicle was involved in a motor-vehicle accident in the Village of Corfu. He was released on appearance tickets and is due in Village of Corfu Court on Dec. 16. The case was handled by Genesee County Sheriff's Deputy David Moore.

Mellanie Golamb, 36, of Folkestone Lane, Penfield, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or more; DWI; criminal possession of a controlled substance in the seventh degree; moving from lane unsafely; and failure to notify the DMV of an address change. On Dec. 10 at 7:33 a.m., the dispatch center received a call of a vehicle being operated irratically. Following a traffic stop on Stephen H. Hawley Drive in the Town of Batavia, standard field sobriety tests were performed. Golamb was arrested and processed at the Genesee County Jail. She was released on appearance tickets and is due in Batavia Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Chad Cummings. Deputy Lonnie Nati also assisted along with Genesee County Corrections officers.

Karen M. Lau, 54, of North Spruce Street, Batavia, is charged with aggravated driving while intoxicated  -- a BAC of .18 percent or more, and DWI. She was arrested at 8:16 p.m. on Nov. 30 on East Main Street in Batavia after she was allegedly found sleeping in the driver's seat of her vehicle parked in the parking lot of a business. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Cronmiller.

Angelo James Voltura, 24, of Meiser Road, Corfu, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving a motor vehicle while intoxicated; speed not reasonable or prudent; and failure to keep right. Following the investigation of a single-vehicle accident at 1:41 a.m. on Dec. 11 on Pratt Road in the Town of Batavia, Voltura was arrested. He was arraigned in Town of Batavia Court and released on appearance tickets. He is due to return to court on Dec. 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Kyle J. Schroeder, 23, of Telephone Road, Le Roy, is charged with petit larceny. He was arrested following a shoplifiting incident at 9:09 a.m. on Dec. 8 at a business on East Main Street in the City of Batavia. Schroeder is accused of taking an item out of the packaging while at a business and attempting to conceal that item while continuing through the store. He was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

Quinton J. Edmonds, 31, of Rochester, appeared in Genesee County Court on Thursday afternoon, along with his attorney Fred Rarick, for a hearing on motions to suppress evidence in the case against him.

Edmonds is currently being held without bail at the Genesee County Jail on a second-degree murder charge in the death of 43-year-old Michael Paladino.

On June 1 at about 12:45 a.m., Edmonds was allegedly involved in a physical altercation with a female on the sidewalk near 5 and 7 Ross St. in the City of Batavia.

Paladino heard the argument and attempted to intervene. A physical altercation then ensued between Paladino and the suspect. During the altercation, Paladino sustained life-threatening injuries.

On Oct. 30th, Edmonds refused to appear in County Court, Rarick apologized to Judge Charles Zambito and scheduled a suppression hearing in his absence.

During today’s hearing, Rarick argued that police did not have probable cause to detain Edmonds and that the “Show Up” procedure was very suggestive.

“Based on the information I was provided -- black male, black and white shirt -- that’s all they had when they detained him,” says Rarick.

District Attorney Larry Friedman called Sgt. Dan Coffey to the stand during the hearing to explain how the incident unfolded at 5-7 Ross St.

Twenty four-quarter points helped lift Batavia over Greece Athena for a 64-53 win Wednesday night.

Zach Gilebarto scored 21 points, Cam White, 16, Stone Siverling, 14, and Caeden White, 8.

Photos by Steve Ognibene.

To view or purchase prints, click here.

Brian Lee Crockett, 39, of Woleben Road, Portland, is charged with petit larceny. At 1:48 a.m. on Dec. 7 Crockett was arrested after he allegedly stole various gift cards valued at $225 from a Christmas party at a hotel on Park Road in Batavia. Crockett was apprehended and arrested in his hotel room and the Genesee County Sheriff's Office alleges he had the stolen property in his possession at the time of his arrest. Crockett was issued appearance tickets and is due in Batavia Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Nicholas J. Durkin, 38, of Drullard Avenue, Lancaster is charged with fourth-degree grand larceny and third-degree grand larceny. Durkin was arrested on Dec. 5 while he was at Batavia City Court on another matter. He was arraigned there on the charges at 11:20 a.m. It is alleged that on June 19 on Washington Avenue in the city that Durkin took $4,900 ti perform HVAC work at a local business. After receiving payment, it is alleged that he never completed the work. The case was handled by Batavia Police Officer Kevin DeFelice.

Nicholas A. Gaudy, 27, of Summit Street, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent or more, DWI, and refusing to take a roadside breath test. Gaudy was stopped at 11:51 a.m. on East Main Street in Batavia following a civilian complaint. Gaudy was processed at Genesee County Jail and released on appearance tickets. Gaudy is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Teresa M. Stephenson, 30, of Cedar Street, Batavia, is charged with petit larceny. She was arrested following a complaint of larceny at a business on West Main Street in the City of Batavia at 3:10 p.m. on Dec. 5. Stephenson was released on appearance tickets and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Felicia DeGroot.

(Submitted photo: Above, Tom Mazurkiewicz, left, with City Church's Ryan Macdonald.) 

Chiropractor Tom Mazurkiewicz continues the tradition of Don Carroll, collecting toys for local children at his practice on Washington Avenue in the City of Batavia.

During business hours between now and end of the day Monday, Dec. 16, donors are welcome to bring unwrapped toys for ages 2 through 15. On Saturday, Dec. 14, Mazurkiewicz is offering free complementary adjustments with any toy donation between 7 and 10 a.m. Refreshments will be served.

Mazurkiewicz is partnering with City Church at T.F. Brown's Restaurant, so the toy donations will go to both places for distribution to local children at these respective events:

• City Church will donate toys at its Christmas party on Dec. 17;
• T.F. Brown's will donate toys at its Christmas party Dec. 19.

From the City of Batavia Police Department:

The Batavia Police Department has received multiple complaints of vehicle thefts, and larcenies from vehicles over the past couple weeks.

With the Holidays upon us, the Batavia Police Department would like to remind our citizens:

• Lock your doors/vehicles;
• Do not leave important items in your vehicle (wallets, presents, IDs, money, etc.);
• Don’t leave your keys in your vehicle when you’re not using it;
• Don’t “run in quick” and leave your keys in the ignition with the vehicle running -- It’s Illegal!
• If you are taking your vehicle to the mechanic after hours, make sure they have a secure “Drop Box” for your keys;
• Be aware of NYS VTL - 1210; Unattended motor vehicle: (a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle…”

The Batavia Police Department can be reached at 585-345-6350, the confidential tip line at 585-345- 6370 or online here.

Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

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. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

A 21-year-old Rochester man with ties to Batavia is charged with gang assault and harassment in connection with an incident on Highland Park on Oct. 4.

The Batavia Police Department released information on the arrest today.

A codefendant in the case, Riley Mayer, 21, of Batavia, pled guilty in Genesee County Court on Thursday to a charge of assault, 2nd. 

A third suspect has not yet been charged, according to District Attorney Lawrence Friedman. 

The victim in the attack allegedly suffered serious injuries.

Falk was arrested in October and arraigned Oct. 7 and ordered held on $5,000 bail or $10,000 bond. There is no information immediately available on his current bail status.

Falk's current address is on Woodsmeadow Lane in Rochester.

He reportedly lived in Batavia in August 2018 when he was charged with disorderly conduct and harassment at a concert at Darien Lake. He reportedly lived in Brighton in September 2015 when he fought with a guard in the Genesee County Jail. In December 2014, he was accused of damaging property in Le Roy. There's no information immediately available on the disposition of those cases.