batavia

Press release:

On January 8, 2014 an armed robbery occurred at 113 Jackson Street in the City. Two suspects both described as black males between the ages of 18 – 24, both wearing face masks, robbed a pizza delivery person at gunpoint.

A delivery had been set up for the address and upon the arrival of the delivery person, the two black males confronted the female delivery person inside the entryway of the building. One of the suspects displayed what appeared to be a handgun and stole (cash) from the female. They then fled the area on foot and were last seen running south on Jackson Street.

Officers combed the area on foot with the assistance of the Genesee County Sheriff’s Office K-9, however were unable to locate the suspects at that time. Detectives were called to scene and processed the scene.

Anyone with information is requested to contact the Batavia Police Department at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370. Information may also be submitted online using at http://www.batavianewyork.com/police-department and clicking on the “Report Suspicious Drug or Criminal Activity” link.

“This type of criminal activity won’t be tolerated” stated Chief Shawn Heubusch, “When, not if, we catch the persons responsible for this act, they will be prosecuted to the fullest extent of the law.”

“I strongly encourage anyone that has any information, however slight, to contact the Police Department and assist us in solving this crime.” Heubusch said. “We need your help to keep our neighborhoods safe.”

A house fire is reported at 2884 E. Shelby Road, between Burns and Crane roads. Fire is "in the wall with flames seen." Oakfield Fire Department is responding, along with mutual aid from Alabama, Town of Batavia and Elba.

UPDATE 2:17 p.m.: Upon arriving, the fire chief reports no fire seen.

UPDATE 2:21 p.m.: The chief is holding everything to equipment already in route. Cancelling Town of Batavia.

UPDATE 2:29 p.m.: Alabama and Elba units returning, in service.

Brooks Hawley

One of the main goals of Brooks Hawley, the new City Council president, is to make sure the council works together as a team.

They will all have their own opinions, of course, but members of the council should work together as a cooperative unit as they tackle such issues as the upcoming city budget.

He even expects newly elected Councilman Eugene Jankowski and City Manager Jason Molino to bury their differences and move on.

Jankowski is a former Batavia PD lieutenant who was forced out of his job last year when all lieutenant positions were eliminated from the city's budget. Even before that, Jankowski and Molino didn't always see eye to eye.

"People may have issues with people in the past, but I think they need to move forward from that and work as a team with the other eight city council members," Hawley said.

During last night's meeting, Jankowski sought a change in the language to council rules relating to council members contacting members of city staff.

The current language is unclear, Jankwoski said, because the rules infer council members can contact department heads but they must go through the city manager's office.

Councilwoman Rose Mary Christian said she contacts department heads all the time and doesn't see the need to change the rules, but Jankowski said a memo has already gone out to city staff telling them that if Jankowski contacts them, they are to refer him to the city manager's office.

"City employees have been ordered not to talk to me," Jankowski said.

Councilwoman Patti Pacino said the rule is necessary to help prevent, as may have happened in the past, council members abusing their position, contacting department heads to get things done for a specific council member first rather than prioritizing work on a community-wide basis.

The issue of the rule change was tabled until the council's next conference meeting.

As for the budget, Hawley said he doesn't have any preconceived ideas about what budget priorities to pursue. He is eager to see what city staff presents and dig into it.

He does oppose any tax increase.

"I think we should hold the line," Hawley said. "I never want to raise taxes. That's not why I got into office. I don't have a personal agenda on anything. I want to serve the people of Batavia and I want to hold the line."

Hawley said he would like to see more recreational opportunities in the city.

For anybody expecting a change in the current trash collection system, Hawley thinks it's a dead issue.

"I believe we dealt with that," Hawley said. "It's in the past. It's not going to go back in the budget. I believe what we have now is going to be status quo."

A pizza delivery driver reports he was robbed minutes ago at gunpoint on Jackson Street near Highland by two black males, both wearing black hoodies.

One had a red scarf on his face.

The two suspects are described as possibly teens and were last seen running down Jackson Street.

They were wearing blue jeans.

Batavia PD is responding.

UPDATE 8:58 p.m.: The robbery occurred at 113 Jackson St. An officer on scene confirms a suspect displayed what the victim believes was a handgun.

UPDATE 11:10 p.m.: Press release from Batavia PD:

The Batavia Police Department is investigating an armed robbery that occurred at 113 Jackson Street.

At approximately 8:50 p.m. on Wednesday January 8th, 2014 a pizza delivery person had been making a delivery at 113 Jackson Street when the delivery person was robbed by an individual who displayed, what was described by the delivery person, as a handgun. The suspect took (the cash) and left the area on foot. No injuries were sustained by the delivery person.

The Genesee County Sheriff’s Office K-9 assisted at the scene.

Anyone with information is encouraged to contact the Batavia Police Department at 345-6350.

This was what was painted on a snow bank outside the home of Tim Walton (who sent in the picture).

Amanda Page and Nate Cromwell built a snowman in front of their home on Ellicott Avenue this afternoon. The snowman was dressed in University of Arizona garb because Page worked for the football team last year.

At about 3:30 p.m., a car driven by a female struck the back of a semi-trailer on West Main Street near the intersection of River Street.

Both vehicles were westbound.

City fire, City PD and Mercy EMS all responded.

The woman suffered minor injuries and was transported to UMMC for evaluation.

No further information available at this time.

A seemingly widespread power outage has apparently hit a portion of the City of Batavia.

We've heard reports of power out on the Southside, on Park Road, West Main and all of the stop lights from Ross Street to the west are out.

The Batavian Office, at Main and Center, downtown, currently has power.

There's also a report of some people not having mobile phone service.

National Grid has not yet released any information about the outage.

Reminder: There's no need to call 9-1-1 or the emergency dispatch center about the power outage. Dispatchers are aware of the outage, have no real information about it, and can't help you get your power back on. Calls to emergency dispatch should be reserved to an actual fire, police or EMS need. The Batavian will strive to keep you as informed as possible about the outage, as information becomes available.

UPDATE 1 p.m.: City fire is responding to a report of a smoke smell in the building at the Salvation Army on Jackson Street. As for the power outage, Batavia PD is stationing officers at key intersections for traffic control.

UPDATE 1:17 p.m.: There are 4,484 National Grid customers without power. The outage is the entire west side of Batavia and as far north as the Village of Elba and south to Alexander. No word on why or an ETA for repairs. There's a question as to whether Batavia PD will man traffic control locations for an extended time period because of weather conditions. Verizon customers appear to be without service and we've also heard that Time Warner customers may be without service.

UPDATE 1:30 p.m.: From a National Grid spokesman: "It appears we've lost power to a substation that serves a good portion of the city, approx. 7,800 customer accounts. Crews have been dispatched but we do not yet know the cause or the restoration estimate. I'll get that to you as soon as we have it. We received our first report only about 15 minutes ago." That would be now, 20 minutes ago. Also, 7,800 is probably the number of accounts citywide, but the outage appears to have hit only about half the city and some outlying areas. We'll try to clarify the count."

UPDATE 3:11 p.m.: Power was fully restored about 10 minutes ago. Stephen Brady, spokesman for National Grid said the power outage was caused by an "ingress" of water into the switch gear, which caused a breaker problem.

UPDATE 3:17 p.m.: Actually, it looks like the area between Batavia and Elba is still without power. Some 500 customers affected.

UPDATE 4:40 p.m.: Photos added of traffic tie-up at Oak and Main during the power outage, with Batavia PD directing traffic. At this point, there are a total of 11 customers in the city without power.

Here's some day-after-the-big-storm pictures.

Above, City firefighters digging out a fire hydrant on Ellicott Street.

Sandy Stendts shoveling snow on South Main Street.

Greg Rada blowing snow on Lyons Street.

A city employee plowing a sidewalk on Oak Street.

Traffic on Oak Street. Streets remain covered with compacted snow (and some of it not so compacted).

Centennial Park.

The Rowell Mansion, Ellicott and Richmond.

Evan Ryan Kotarski, 22, of Oak Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving under the combined influence of drugs and alcohol, unlawful possession of marijuana, leaving the scene of a property damage accident, speed not reasonable and prudent and failure to keep right. Kotarski is allegedly the driver of a vehicle involved in a one-car accident at 11:45 p.m. Sunday on South Pearl Street Road, Oakfield. Kotarski's car reportedly spun out and struck a fire hydrant and a utility pole. Kotarski allegedly fled from the scene, but was located a short distance away.

Tyler Pasquale Schroder, 21, of Lewiston Road, Oakfield, was arrested on a bench warrant for alleged failure to pay the fine on a petit larceny charge. Schroeder was arrested following his release from the Wyoming County Jail on an unrelated matter and taken to Elba Town Court for his alleged failure to pay the fine on a petit larceny charge. He was jailed on $600 bail.

Oscar Enrique Martinez, 31, of Federal Drive, Batavia, was arrested as an alleged fugitive from justice. Martinez was being held at the Buffalo Federal Detention Facility in Batavia and was awaiting deportation. Martinez reportedly has 15 aliases and was being held under the name of Andres Luna-Nogroto. He was identified as by Manatee County, Fla., officials as a subject wanted for alleged sexual battery. Martinez was arraigned in Town of Batavia Court and ordered held without bail pending an extradition hearing.

Carlos Enrique Reyes, 39, of 1259 Lyell Ave., Rochester, was arrested on a warrant for alleged criminal contempt. Reyes was arrested upon his release from the Monroe County Jail, where he was held on an unrelated matter, for alleged failure to appear in Bergen Town Court. Reyes was arraigned and released on condition that he submit to a DNA test and return to court on Jan. 15.

Robert L. Kaufman, 52, of Akron Road, Akron, is charged with trespass and stalking in the 4th degree. Kaufman was arrested following a complaint of harassment reported at 12:40 p.m. Jan. 5 at an undisclosed location in the City of Batavia. Kaufman was jailed on $2,500 bail. No further details released by Batavia PD.

Juan A. Roman, 36, of Portland Avenue, Rochester, is charged with harassment, 2nd, three counts of endangering the welfare of a child and criminal contempt, 1st. Roman was allegedly involved in a domestic dispute at 11:30 a.m. Saturday at a location on Ellicott Street. Roman was arraigned and ordered held without bail. No other details released by Batavia PD.

A head-on collision is reported at 9450 Alexander Road, between Dodgeson and Pike, Alexander.

Alexander fire and Mercy EMS responding.

A chief on scene reports there appears to be no injuries.

Because of server issues, we won't likely be able to update this post if there are updates.

There are two accidents reported -- one on West Main at Lyons and the other in Darien on Route 20 near Harper Road.

The accident in the city is reportedly head-on, but with one minor injury.

Minor injuries also reported in Darien. The conditions there are described as zero visibility.

Alexander is asked to close Route 20 to westbound traffic.

From the fire in Pavilion, Pavilion fire is back in service.

Because of ongoing server issues, it will likely be impossible for us to update this post.

Here's an idea of what near zero-visibility looks like at Main and Ellicott. Driving conditions are tough and for the most part, there isn't a lot of traffic on area roads.

James Koenig shoveling his drive on Summit Street.

Daniel Wilson shoveling his drive on Vine Street.

Holland Land Office Museum.

The old Firehouse on West Main.

The County Court House, which is closed today.

The back of St. Jerome's.

Deborah A. Blackmar, 50, of Le Roy, Miranda A. Ralston, 27, of York, and Aaron M. Higgins, 33, of York, are all charged with petit larceny and conspiracy, 6th. Ralston and Higgins are also charged with criminal possession of stolen property. State Police in Warsaw accuse the trio of stealing, on two separate occasions in December, merchandise from the Walmart in Warsaw. The items allegedly stolen include two flat-screen TVs, a Blue Ray disc player, a laptop computer and other items, with a total value of $1,500. Most of the items were allegedly recovered at a residence in York. The Sheriff's offices in Livingston and Genesee counties, along with Le Roy PD, assisted in the 10-day investigation, which culminated in the Dec. 28 arrest of the three suspects.

Donald E. Cameron Jr., 54, of 9200 York Road, Le Roy, is charged with DWI and refusing to take breath test. Cameron was arrested after Le Roy PD was dispatched to McDonald's to check on the welfare of a woman. By the time, officers arrived, the woman had left McDonald's, but was located in a vehicle operated by Cameron. She was fine, but upon further investigation, officers determined that Cameron had allegedly been driving drunk.

Justin Samuel Fagan, 28, of Ellicott Street, Batavia, is charged with assault, 2nd. This is an upgraded charge. Fagan was arrested and initially charged with third-degree assault on Dec. 29 following an alleged incident at the Blue Dog Saloon in Attica. The upgraded charge alleges serious physical injury to the victim.

Michael Christopher Schulz, 31, of Buffalo Street Road, Attica, was arrested on a Family Court warrant. Schulz was arrested by Attica PD on a Family Court warrant and turned over to the Genesee County Sheriff's Office. Schulz was jailed on $2,000 cash bail or $4,000 bond.

Troy Christian Shepard, 31, of Tracy Avenue, Batavia, is charged with petit larceny. Shepard is accused of shoplifting at Walmart.

A natural gas leak is reported at the Rite Aid at Lewiston and West Main Street roads Batavia.

The building is evacuated.

Town of Batavia fire is on scene.

National Fuel is in route.

UPDATE 11:03 a.m.: National Fuel is on scene.

UPDATE 11:28 a.m.: Town of Batavia in service. The scene is turned over to National Fuel.

An off-duty emergency dispatcher says he was apparently in the right place at the right time tonight when two men tried to pull off a heist of drills from Home Depot on Veterans Memorial Drive.

Nate Fix, who is also a Town of Batavia Fire 1st assistant chief and part of the private security detail at Darien Lake on concert nights, said his wife, Kayte, asked him to drive her up to Home Depot to get a knob for a kitchen cabinet at about 7:30 p.m.

While waiting, Fix called the dispatch center with a work-related question. While on the phone he noticed a man run from the big double glass doors of Home Depot carrying several drills.

"I knew something wasn't right because I could see the lights flashing of the alarms going off," Fix said. "The car started rolling before the guy even jumped in it."

Fix immediately informed dispatchers about what he just observed and deputies were immediately summoned to the area.

Fix followed the car and he figures the driver knew he was being followed when the sedan pulled into the parking lot of Office Max, so Fix drove into the car wash just down the road and waited and watched.

Soon, the white sedan zoomed past his location, he said, again heading south on Veterans, so Fix pulled out behind the sedan.

The car pulled into the B.J.'s parking lot and drove behind the building. Fix waited in the parking lot for the car to reemerge.

"The car races past me, races around Applebee's and then races toward Lewiston," Fix said.

By then, multiple patrol units had arrived on scene and blocked the intersection.

According to Fix, the car stopped and the passenger ran from the vehicle, throwing the drills to the ground.

After a short foot pursuit, the suspect was apprehended by a deputy in the area of Arena Parkway.

"I guess all those nights working security at Darien Lake paid off," Fix said. "I stayed calm, though I may have sounded excited on the phone, and reported what I saw and kept the suspect vehicle in sight."

The names of the suspects have not yet been released.

UPDATE 11:14 p.m.: Arrested was Steven Michael Merriam, 25, of South Main Street, Churchville. He is charged with petit larceny and criminal possession of stolen property, 5th. A search of the sedan uncovered other alleged stolen property from a Lowe's store in Amherst.

A motor-vehicle accident with possible serious injuries is reported at 4167 Batavia Elba Town Line Road, west of Route 98. Elba Fire Department is responding along with Mercy medics and Town of Batavia fire. Mercy Flight is on standby. Two ambulances are needed. "Car into tree, head injury," says responder on scene.

UPDATE 2:11 p.m.: It's determined to be in the Town of Batavia's fire district. Extrication will be needed. Traffic police are asked to shut down traffic at Pekin Road. State troopers and deputies are also on scene.

UPDATE 2:14 p.m.: The road will also be closed at Route 98.

UPDATE 2:16 p.m.: Command calls for the helicopter in Buffalo to start flying to the Batavia hangar.

UPDATE 2:21 p.m.: Two helicopters -- one in Batavia and the other coming from Buffalo -- are both called to the scene.

UPDATE 2:27 p.m.: One patient has been extricated.

UPDATE 2:30 p.m.: Mercy Flight #5 has landed. The second patient has been extricated.

UPDATE 2:34 p.m.: Mercy Flight #7 has landed.

UPDATE 2:43 p.m.: Mercy Flight #5 is airborne and headed to Strong Memorial Hospital.

UPDATE 2:51 p.m.: Mercy Flight #7 is airborne and also going to Strong.

UPDATE 3:01 p.m.: Howard at the scene was told the passanger vehicle was westbound on Batavia Elba Town Line Road when it hit a snow drift and the driver lost control of the car and it struck a tree. Authorities urge drivers to be aware that snow drifts are causing dangerous driving conditions on roads throughout the county and they should use extreme caution when driving.

UPDATE 3:06 p.m.: The injuries sustained by both patients are not considered to be life-threatening.

UPDATE 3:12 p.m.: Town of Batavia command is putting the assignment back in service and Elba Fire Police are opening the road.

UPDATE 4:46 p.m.: The driver of the vehicle was a 16-year-old female from Batavia (State Police are not releasing her name). The passenger was Ronald Filbert, 43, of Lockport. Both were taken to strong with non-life-threatening injuries. Both were conscious and alert at the time they were transported.

Investigators are looking for the apparently smiling woman in this photograph from the Walmart in Albion. The woman allegedly used a stolen gift card to purchase a cake at the store.

The gift card was reported stolen at the Walmart in Batavia after the owner's purse disappeared from a shopping cart when it was left briefly unattended in the parking lot while the owner loaded her vehicle with her purchases.

The card was used in Albion at 12:56 p.m., Christmas Eve.

The purse was recovered along the side of the roadway on Route 63 just south of Medina.

Anybody with information that may assist in the investigation is asked to call Investigator Kris Kautz at (585) 345-3000, ext. 3571.

Jacquetta Simmons

Jacquetta Simmons need only serve one year in jail for punching a Walmart cashier on Christmas Eve, 2011, according to a ruling issued by the the Appellate Division, Fourth Judicial Department, NYS Supreme Court.

The court, in a unanimous decision, found that the five-year prison sentence handed down by Judge Robert C. Noonan on Nov. 14, 2012, was "unduly harsh and severe under the circumstances of this case."

District Attorney Lawrence Friedman said he's disappointed in the decision.

"We felt Judge Noonan's sentence was appropriate," Friedman said. "I thought it was well reasoned. It may have happened before, but I don't recall a sentence of his being reversed in his 17 years of being a judge."

The ruling means Simmons, who became a mother to her first child shortly after an appellate judge stayed her sentence in 2012, is saved from serving any further state prison time. The one-year sentence, likely to be reduced to eight months on good behavior, will be served in a county jail.

That's disappointing, Friedman said, but most importantly, the court upheld the jury's conviction of Simmons.

Attorneys for Simmons argued to the court that the jury's verdict flew in the face of the evidence presented at trial. With a dissent from Justice Rose H. Sconiers, the court upheld the jury conviction.

The jury could reasonably conclude, ruled the majority upholding the conviction, that based on the testimony and video evidence presented, that Simmons did intentionally punch Grace Suozzi.

Sconiers wrote in her dissent that she didn't believe the evidence supported that conclusion, but rather the video supported the defense contention that somebody behind Simmons had grabbed her arm and that she swung away causing her to accidentally strike Suozzi.

Friedman said he was surprised by the dissent and found it baffling.

The Batavian has no means to contact attorneys for Simmons on a Saturday for comment.

In the majority on the conviction, and joining Sconiers in reducing the sentence, were justices Henry J. Scudder, John V. Centra, Stephen K. Lindley and Joseph D. Valentino.

The case is remitted to Noonan's court for formal sentencing. No date has been set yet for re-sentencing and Simmons remains free in the meantime.

The sentence reduction is a real disservice to the victim and her family and the community, Friedman said.

"Having gone through this and seeing the impact this had on Mrs. Suozzi, her family, a lot of people in the community who knew her and cared about her -- all of that is something that is lost in the appeal process," Friedman said. "It's one punch, but more than the physical harm is the emotional harm. It really affected her life as far as her ability to return to work and go out and about. She's a very nice lady and this sentence doesn't do her justice."

The Batavian first broke the story of the Simmons case in 2011. For a complete archive of our coverage, click here.

A one-vehicle rollover, unknown injuries, is reported on the westbound Thruway at mile marker 386.6. Mercy medics and Town of Batavia firefighters are responding.

UPDATE 7:51 p.m.: There are two occupants. Both are sign-offs.