batavia

An accident with injuries is reported in the area of 430 E. Main St., Batavia.

A person is reportedly in and out of consciousness.

Fluids have spilled.

City fire and Mercy EMS responding.

UPDATE 10:20 a.m.: Four vehicles involved. An eastbound SUV drifted out of its lane of travel toward the south sidewalk, sideswiped a parked car, clipping its left rearview mirror, then plowed into the back of a parked SUV, pushing that vehicle into a parked sedan ahead of it. The driver may have suffered a medical issue. He was transported to UMMC.

Batavia police are responding to the Holland Land Office Museum on Main Street for a reported burglary alarm sounding in the gift shop. It is located at 131 W. Main St.

UPDATED March 28: Ryan Duffy, director at the Holland Land Office Museum, says "this was a false alarm and that everything at the museum is safe and that nothing is wrong."

Christopher M. Oliveras, 25, of Lockport Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs, unlawful possession of marijuana, failure to obey traffic control devices, and tinted windows. Oliveras was arrested in the City of Tonawanda by Tonawanda PD, at 1:30 a.m., Sunday. Earlier, he was stopped for allegedly driving the wrong way down a one-way street. At that time he was told to park the vehicle. Later in the evening, officers stopped the vehicle again and Oliveras was found to be the driver. Oliveras reportedly told officers, "I did park for a little while." He also reportedly said, "I was drinking Budweisers and smoking marijuana." A container of marijuana was allegedly found in the center console. He allegedly blew a BAC of .10. Bail was set at $250.

Rebecca Ann Edwards, 23, of Kibbe Avenue, Batavia, is charged with grand larceny, 3rd. Edwards is accused of stealing property with a value in excess of $3,000 from the 48 Deli Express in Batavia.

It’s been a long cold winter and now it’s time to “think spring.” And there’s no way better way to beat those long winter blues than by attending the second annual Genesee County Chamber of Commerce Home Show. The Home Show will be held at Falleti Ice Arena in Batavia Friday through Sunday, March 31st - April 2nd.

 

Here’s your chance to talk face to face with more than 60 area businesses attending this year’s Home Show for help with your home ideas and projects. And while you’re there, make sure you register for a chance to win a $500 gift certificate from the Home Show vendor business of your choice. The winner will be drawn at the conclusion of the Home Show and you do not need to be present to win.

 

The Genesee County Chamber of Commerce Home Show will be open Friday, March 31 from 5 p.m. to 9 p.m., Saturday, April 1 from 10 a.m. to 5 p.m. and Sunday, April 2 from 10 a.m. to 3 p.m. And if you’re hungry, the concessions are being run by Alex’s Place, so you know the food will be excellent!

 

Admission is only $3 per person and children 12 and under are free when accompanied by an adult. Parking is free at the Falleti Ice Arena. Coupons good for $1 off all admissions are available at the Genesee County Chamber of Commerce office, 210 E. Main St., Batavia, or at any of the participating businesses.

 

For a complete list of participating businesses go to www.geneseeny.com/homeshow. For more information, call the Chamber office at 343-7440.

Ground Force Fights hosted its second mixed martial arts tournament at Quality Inn & Suites on Saturday night.

Here are the results of the fights:

• Jeremy Stopa vs. Dave Scerbo -- submission grappling match -- draw at the end of 10-minute match
• Jim Perl defeated John Gearhart round one, submission due to strikes
• Nolan Brant defeated Mike Taylor, :57 round one, TKO/ref stoppage
• Eric Bonner defeated Shawn Henderson, round two, referee stoppage due to strikes
• Ben Horton defeated Jesse Neal, round two, TKO/ref stoppage
• DaJuan Robinson defeated Sequoyah Sethi, round one TKO
• Matt Norstrand defeated Pete Flanagan, ref stoppage -- guillotine choke
• Matvei Skvortsov defeated Corey Lauth, round one, ref stoppage -- guillotine choke
• Jillian Decoursey defeated Emme Weber by unanimous decision

Photos by Richie Casado.

Pete Flanagan, of Batavia, throws a punch during his match against Matt Norstrand.

Emme Weber vs. Jillian Decoursey.

Matt Norstrand, of Le Roy, won the title at 185 pounds.

A two-car accident with injuries is reported at 142 Oak St. One of the vehicles struck a house. City fire and Mercy medics are responding. A first responder on scene says an older male has a severe head laceration.

UPDATE 6:38 p.m.: A middle-aged male was driving a Chevy Trailblazer southbound on Oak Street and crossed the center line; he may have fallen asleep. The driver of a white sedan northbound on Oak Street was unable to avoid the collision and the sedan was struck; there was air-bag deployment. The Trailblazer narrowly missed a tree in the front yard where it ended up crashing into the concrete porch of a house; the house appears undamaged. The driver of the Trailblazer has a cut above his eye but is conscious and alert and being transported to a hospital. The driver of the white sedan declined medical attention.

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 question regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.

Scout leaders and boys from Troop 6006 are promoting their Pasta Dinner fundraiser from 4 to 7 p.m. next Saturday, April 1^st, at the First United Methodist Church, 8221 Lewiston Road, Batavia.

Dinner includes spaghetti, meatballs, salad, Italian bread, dessert and beverages. 

Pre-sale tickets are available now until March 31^st and cost $10 for two tickets. To buy tickets, contact Tracy Grover 585-762-4613, Steve Ognibene 585-409-8358, Paul Marchese 585-300-7058, or they can be purchased at Marchese Computer Products, 220 Ellicott St., Batavia, during normal business hours.

They can also be purchased at the door: adults $7, children 10 and under $5.

All proceeds will go toward purchasing new camping gear and scout activities.

David Bruce Piechowicz, 41, of Lackawanna, is charged with two counts of second-degree assault and criminal possession of a weapon, third degree -- with a prior conviction. He was taken into custody March 23 by the U.S. Marshall's warrant task force on a Town of Alabama warrant on the charges, issued Feb. 12 following an unspecified incident on Shanks Road in Basom. The defendant was jailed on $50,000 cash or $100,000 bond. The case was handled by Genesee County Deputy Lonnie Nati.

David William Cook, 50, of Washington Avenue, Batavia, is charged with unsafe turn/failure to signal, aggravated DWI, and DWI. Cook was arrested at 7:04 p.m. on March 23 on Lincoln Avenue in Batavia following a traffic stop. He allegedly had a BAC of more than .18 percent at the time. He was issued appearance tickets for Batavia City Court on April 26. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

John Moon, 25, of Batavia, was arrested at 10 p.m. on March 22 by State Troopers for DWI. They performed a traffic stop on West Main Street Road in the Town of Batavia and Moon allegedly failed field sobriety tests. His breath test allegedly resulted in a BAC of .17 percent. He was given appearance tickets for Town of Batavia Court in April.

Bettina Jacqueline Jacobs, 33, of West Main Street Road, Batavia, is charged with fourth-degree criminal sale of a controlled substance and first-degree promoting prison contraband. She was arrested for allegedly introducing Suboxone into the GC Jail after being taken into custody at court for an alleged violation of her previous release agreement. It is also alleged that during the subsequent transport to another jail, she gave some of that controlled substance to another inmate. Jacobs was arraigned in City of Batavia Court on March 22 and jailed in lieu of $10,000 cash or $20,000 bond. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Dawn M. Morford, 56, of Jackson Street, Batavia, is charged with criminally using drug paraphernalia in the second degree, a Class A misdemeanor. And 41-year-old Gary Bradford, of Maple Street, Rochester, is charged with a violation -- unlawful possession of marijuana. Both were arrested March 21 following a traffic stop in the Town of Bergen by the GC Local Drug Enforcement Task Force. They were issued appearance tickets returnable to Bergen Town Court. Uniformed deputies from the Sheriff's Office along with K-9 "Destro" assisted with the investigation.

A 16-year-old who lives on Lewiston Road in Oakfield is charged with second-degree criminal contempt after allegedly being found in possession of a cell phone on March 10. The subject was ordered earlier this month to refrain from possessing a cell phone by Judge Adams in GC Family Court. The defendant is to appear in Oakfield Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Cory Mower.

A man found to be illegally in the United States was arrested after a bloody domestic incident on Wood Street in Batavia last night.

At 9:15 p.m., Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck. The victim indicated the suspect, Reynauldo Diaz-Ruiz, had cut her with a knife and was still inside the apartment. Officers located the man and attempted to take him into custody, but he allegedly refused to comply and physically resisted arrest.

Officers were eventually able to subdue Diaz-Ruiz and take him into custody after deploying a Taser. Diaz-Ruiz was transported to the Batavia Police Department where he allegedly attempted to take the service weapon of the escorting officer, who was able to subdue Diaz-Ruiz until additional officers arrived. Diaz-Ruiz was then transported to UMMC for a medical evaluation and released a short while later to the custody of Batavia PD.

Through investigation it was learned Diaz-Ruiz is in the country illegally.

Diaz-Ruiz was arraigned in Batavia City Court with the assistance of a court-appointed interpreter on the following charges:

• First-degree assault (Class B felony);
• Third-degree attempted robbery (Class E felony);
• Second-degree attempted escape (Class E felony);
• Fourth-degree attempted grand larceny (misdemeanor);
• Attempted menacing a police officer (Class E felony);
• Attempted criminal possession of a firearm (misdemeanor);
• Second-degree menacing (misdemeanor);
• First-degree reckless endangerment (Class D felony);
• Second-degree reckless endangerment (misdemeanor);
• Fourth-degree criminal possession of a weapon (misdemeanor);
• Criminal mischief;
• Resisting arrest (misdemeanor);
• Obstruction of governmental administration (two counts).

A car has reportedly struck a pedestrian at the intersection of State Street and Alva Place, Batavia.

City fire and Mercy EMS responding.

The location is by Washington Towers, behind JCPenney.

UPDATE 3:54 p.m.: A pedestrian was struck by a car making a left-hand turn, but the person does not appear to be injured. Mercy medics are transporting the pedestrian to Strong Memorial Hospital for evaluation.

      Oliver Thomas

If Oliver Thomas hadn't had a warrant for his arrest for five months, perhaps he could have made bail today, but since he didn't turn himself in and continued to hide from police, Judge Charles Zambito wasn't persuaded that bail was appropriate in his case.

Thomas was wanted for his alleged role in a home-invasion attack on residents in a Central Avenue residence in October. A second warrant was later issued because of his alleged failure to register a change of address as a convicted sex offender.

On the bail evaluation worksheet, which judges use to help determine somebody's flight risk, Thomas scored a negative four, even though he's a lifelong Batavia resident.

Thomas was in court today specifically for a review of his bail status following his arrest in Le Roy and original arraignment earlier this week.

Assistant District Attorney Melissa Cianfrini argued that even with his lifelong residency, Thomas has proven he's really pretty transient with lots of options for where he can go and where he can hide.

"He's a significant flight risk," Cianfrini said.

His assigned counsel, Brian Degnan, argued that because of his roots here, and that he obeyed all of the rules of his prior parole, he deserved reasonable bail, such as $10,000 or $20,000 bond.

Zambito agreed that Thomas is a flight risk and ordered him held without bail.

As part of Ag Literacy Week, Assemblyman Steve Hawley was at John Kennedy School this morning to read to a group of students from a children's book about a grape farmer.

Top photo, Officer Peter Flanigan, Batavia PD, reads to students at Jackson School during the school's annual parents' night reading program last night, this year dubbed "Camp Read-A-Lot." The evening featured community members reading to students, games, activities and a campout with camp music in the school's gymnasium.

Super solid and so pretty! This charmer is located in an awesome city location, close to everything and within walking distance to one of Batavia’s favorite coffee shops and a city park! This home is move-in ready with little to do but try to figure out what to do with all the storage space! There is great space and cozy floor plan for such a large home --everyone has their own spot!

This home has been well taken care of throughout the years with maintenance of the everyday "stuff" and yearly maintenance of the things that matter -- roof, insulation and furnace! This is an excellent home for the money, you are going to want to check this one out! Mention this ad and receive a $500 gift card to a home improvement store of your choice with a *signed contract prior to 3/31/17 with a successful closing*.

Click here to view the complete listing for 27 Ellicott Ave. in Batavia. Call Lynn Bezon at Reliant Real Estate today at 585-344-4663!

NOTE: Story updated to correct the names of the officers involved.

The two men who allegedly broke into a home at 49 Swan St. at 2:22 a.m. Thursday told occupants of the house that they were police officers.

They then attacked the occupants and caused physical injury, according to police.

Kolton Cotter, 22, of Eagle Harbor Road, Albion (top photo), was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; criminal mischief; assault; possession of burglary tools; unlawful imprisonment; criminal obstruction of breathing; obstruction of governmental administrationl; resisting arrest; and unlawful possession of marijuana.

Andrew Morris, 19, of Main Street, Attica, was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; assault; possession of burglar tools; and unlawful possession of marijuana.

Officer Felicia DeGroot and Sgt. Eric Bolles were first to respond to the report of a break-in in progress and found Morris inside the residence and took him into custody. Cotter fled and was chased by Bolles and Officer Eric Foels. Also assisting in the apprehension of the suspects were Officer Jason Ivison and Officer Darryl Streeter.

Genesee County Sheriff's deputies also assisted at the scene.

Bolles and Foels caught up with him on Graham Street and one of them deployed a Taser to help subdue the suspect. Cotter was transported by Mercy EMS to UMMC for evaluation.

Batavia PD said Morris and Cotter identified themselves as undercover police officers in an attempt to steal property.

At one point, a suspect reportedly told the victims that at least one of them was armed. No firearm was recovered. The type of weapon recovered was not identified by police.

The suspects were arraigned in City Court and jailed without bail.

Batavia Police responded a few minutes ago to an apparent "home invasion" at a house on Swan Street after a resident called to report someone was breaking into the house. Upon arrival, an officer said a person was exiting the building.

A backup unit arrived immediately, and a person was said to be running eastbound on adjacent Graham Street, then south.

A police officer chased a suspect on Graham. A Taser was deployed and Mercy medics were then called to 4 Graham St. to evaluate that subject, who was in custody. 

The residence on Swan Street was checked and a second subject was arrested.

"Unknown property" was reportedly removed from the residence during the incident.

"The subject told the victim he had a gun. ... Nothing displayed," said an officer.

UPDATE 2:48 a.m.: The person who was tased is being transported to UMMC.

UPDATE 3:03 a.m.: The person arrested at the residence was apprehended on the second floor. Police say the pair possessed burglary tools and at least one weapon -- not a gun -- was recovered.

What more do you need? This home covers it all for those that are just starting out or thinking about downsizing! Cute and spacious, it has a first floor bath and laundry and nice area for entertaining downstairs and the privacy of the bedrooms up! A lot has been done to this home and you can easily move in and get your bearings before you have to do anything! Think ahead to SPRING and look forward to working outside in your cute yard that is actually a double lot in the City.

There is a lot to consider here for the money...easy to see anytime, definitely one to check out and think about! Click here to view the complete listing for 9 Colorado Ave. in Batavia. Call Lynn Bezon at Reliant Real Estate today at 585-344-4663!

   Jeremy Armstrong

The suspect in a Dec. 2 shooting on Jackson Street has been indicted on a count of attempted murder by a Genesee County Grand Jury.

Jeremy R. "Boog" Armstrong, 26, of Batavia, faces six felony counts stemming from the incident which seriously injured a victim who has not been identified by authorities.

The counts also include assault in the first degree, criminal use of a firearm in the first degree, criminal use of a firearm in the third degree and two counts of criminal possession of a weapon in the second degree.

Armstrong was picked up earlier this month in East Hartford, Conn., on a warrant.

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.