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Grand Jury: Man convicted of driving vehicle without consent indicted for unauthorized use of a Mercury

By Billie Owens

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

Batavia PD warns of Craigslist rental scam

By Howard B. Owens

Press release:

Batavia Police were made aware of a Craigslist scam in which the scammer reportedly has a house for rent. The residence is actually for sale by a realty company and is not for rent.

As of the time of this release, police have not had any reports of citizens falling victim to this scam. The Batavia Police Department is releasing this information to make citizens aware of the scam and to prevent anyone from being victimized by this fraud.

Attorney for accused drug dealer asked to produce death certificate for his client

By Howard B. Owens
        Adner Davila

It appears that a 62-year-old man accused of dealing drugs in Batavia is dead but County Court Judge Charles Zambito said he needs to see proof.

Proceedings in the case of Adner Davila were adjourned until 9:45 a.m., Dec. 11, giving Attorney Michael Locicero time to locate a death certificate for his client.

Locicero told Zambito he's spoken with two sisters of Davila and they said their brother died Nov. 20. Locicero doesn't know where his client died, though Davila was supposed to be confined to his residence in Batavia while awaiting further court proceedings. He does believe Davila's body was transported by a funeral home in Rochester to Brooklyn.

Davila was arrested in early September and charged with: charged with two counts of criminal sale of a controlled substance, 3rd; five counts of criminal possession of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 7th; and one count of criminally using drug paraphernalia.

Join the party Friday for Christmas in the City

By Howard B. Owens

The Batavian and WBTA, local news partners for Genesee County, are hosting a Christmas party Friday evening during Christmas in the City at WBTA's studios at Main and Center.

Stop by between 5 and 9 p.m. and you could get a chance to win $100. Show us The Batavian's mobile app on your smartphone or tablet and you will be eligible to enter the drawing (no purchase necessary).

We will provide snacks catered by the Dibble Family Center.

  • To download The Batavian's app for iOS, click here.
  • To download The Batavian's app for Android, click here.

Photo: Olympia Sports is closing

By Howard B. Owens

Olympia Sports, a national retail chain with a location in the Tops Plaza, is closing its Batavia location.

Sponsored Post: Give the gift of health this year

By Lisa Ace


YMCA OFFERS THE “GIFT OF GOOD HEALTH” THIS HOLIDAY SEASON! Looking for that last minute gift before Christmas is upon us? The Genesee County YMCA, located at 209 E. Main St. in Batavia, would like you to consider giving the “Gift of Good Health” this holiday season.

YMCA Gift Cards can be purchased now through Dec. 23rd, 2017 at the Genesee County YMCA, allowing people the opportunity to give a YMCA membership or program as a gift to loved ones or friends. A gift from the YMCA entitles a friend or family member to become part of an organization that believes in and promotes active and healthy lifestyles, progressive skills development, fair play, family, and character development.

The Genesee County YMCA offers a wide array of programs and services to meet the interests and needs of the entire family from memberships for youth, college students, families and seniors to swimming lessons, childcare, sports and summer camping, there is truly something for everyone at the Genesee County YMCA.

For more information on membership or programs offered at the Genesee County YMCA, please call (585-344-1664) or log on to our website at www.glowymca.org.

Law and Order: Oak Street resident accused of five residential burglaries

By Howard B. Owens

Davon St. John, 19, of Oak Street, Batavia, is charged with five counts of second-degree burglary. St. John is accused of five residential burglaries at five locations on Ellicott Avenue, Montclair Avenue, and Union Street, Batavia. One house was burglarized three times and the other two, once each. St. John was jailed on $50,000 bail, $100,000 bond. The burglaries were investigated by Det. Thad Mart, Det. Matt Wojtaszczyk, Det. Eric Hill, Det. Rich Schauff, Det. Kevin Czora, Officer Jason Davis, Officer Kevin DeFelice, Officer Mitchell Cowen.

Cody A. Eaton, 28, of Otis Street, Batavia, is charged with strangulation, 2nd. Eaton is accused of strangling another person at 4:23 a.m. Sunday at a location on Otis Street, Batavia. He was jailed without bail.

Natalie M. Cervone, 23, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Cervone was a passenger in a vehicle stopped for an alleged traffic violation at 8:30 p.m. Nov. 22 on Clinton Street by Officer Chad Richards.

Brandon J. Micucci, 18, of Main Street, Alexander, is charged with unlawful possession of marijuana. Micucci was allegedly found in possession of marijuana at 9:15 p.m. Nov. 20 at DeWitt Recreation Area by Officer Stephen Cronmiller.

D'andre J. Cramer, 18, of Maple Street, Batavia, is charged with unauthorized use of a vehicle, petit larceny, and criminal possession of stolen property, 5th. Cramer was arrested in connection with a report of a vehicle theft reported Sept. 4 from a location on Columbia Avenue. There was also an alleged theft from the vehicle. He was jailed on $1,000 bail.

Jason Scott Hall, 28, of Rochester Road, Gasport, is charged with DWI, driving while impaired by drugs, and unlawful possession of marijuana. Hall was arrested by Deputy Howard Wilson following a DEC license check on Feeder Road, Alabama, at 11 a.m. on Friday.

Jake T. Flick, 23, of Oakfield, is charged with unlawful imprisonment, 2nd, harassment 2nd, and acting in a manner injurious to a child under age 17. Flick was arrested in connection with an incident reported at 2:54 a.m. Saturday by State Police. No further information released.

Sponsored Post: 238 State Street – Completely updated two-story home

By Lisa Ace


Completely updated two-story home, features master suite on the first floor. There are four bedrooms and a full bathroom on the second floor.

Hardwood floors in the living/dining area. New tile in kitchen and sunroom and all new carpet on second floor. New hot water heater, furnace and electric panel. Roof-complete tear off about 5 years ago. There is a one-and-a-half car detached garage.

Call Michelle Dills, Howard Hanna at 585-343-6750 or click here for more information on this listing.​

Baby goats missing on Kelsey Road, Batavia

By Howard B. Owens

These four baby fainting goats (myotonic goats) have been missing since yesterday from a residence on Kelsey Road, Batavia, near the church.

If you locate them, call Kim Schildwaster at (585) 813-3935.

UPDATE 1:53 p.m.: The goats are found and are safe.

Sponsored Post: 26 Webber Avenue – own one of the most admired homes in the village of Oakfield

By Lisa Ace


Great opportunity to own one of the most admired homes in the Village of Oakfield! Professional landscaping accents the amazing front porch.

The original front door has been beautifully preserved as well as original hardwood floors in dining room and living room. Gourmet kitchen (2012), butler pantry, huge first-floor laundry, full bathroom on first floor, an exercise room that could be a bedroom and a mudroom added in 2012. Second floor has five bedrooms and a full bathroom. 200 AMP service 2012, new roof (2011), tankless hot water heater (2012).

There is a deck (2014) overlooking the spacious back yard. The front porch has a new floor, soffit, ceiling, new lights, new steps and new screen door. Must see!

Call Michelle Dills, Howard Hanna at 585-343-6750 or click here for more information on this listing.

Photo: Ribbon-cutting celebration at Batavia's Original

By Howard B. Owens

Kathy Ferrara, with her husband, Dan, children Marygrace, Daniel, Ashley, and grandson Brently, celebrated her purchase of Batavia's Original earlier this week.

After thanking the community, employees, and her family for their support, there was a ribbon cutting outside.

Previously: Batavia's Original, formerly Pontillo's, returns to local ownership

Note about the ribbon-cutting pictures. I messed up and forgot to change my camera settings when we shifted from inside to outside, so my ribbon-cutting photo was overexposed. Below there is a picture from the Kelly Birmingham of the Chamber of Commerce, and my photo in black and white.

Photos: Shopping local on Shop Small Saturday in Batavia

By Howard B. Owens

Sue Schultz checks out, with the help of Michael Mugler, her purchases at Adam Miller Toy and Bicycle this afternoon on Shop Small Saturday, a day promoted nationally to encourage shopping at locally owned businesses.

Locally owned retail businesses are critical to healthy local communities. Small business owners provide the support communities need to thrive and more of the money spent at a locally owned business stays in the local community to help the local economy grow.

For more:

  • Grow Your Own (PDF) by the Kansas City Federal Reserve (A guide for local communities on promoting support for small, local businesses)
  • The Shop Local Ripple Effect, by the Institute for Local Self-Reliance

For a directory of locally owned businesses, visit ShopLocal.TheBatavian.com.

Andrea Karas and Kasey Woodhouse shopping at Pollyanna and Dot and The Hidden Door.

Gerald Diskin shopping for shoes at Batavia Bootery with Kevin Stone.

Sponsored Post: Reasons to hire an attorney for a workers’ compensation claim

By Lisa Ace


Reasons to hire an attorney for a workers’ compensation claim:

  • 1. The workers’ compensation system is complex, confusing, and often difficult to navigate.
  • 2. We will look out for your best interests, fight on your behalf against the insurance carrier to maximize your benefits, and make sure your questions are answered.
  • 3. In some cases, you may be entitled to a financial award, even if you did not miss any time from work as a result of your work-related injury.
  • 4. The insurance carrier will have a team of attorneys working on their behalf, having an attorney fighting on your behalf helps to level the playing field.

Please call Kristin Allen at Dolce Panepinto 585-815-9003 for any of your workers’ compensation needs.

Local volunteer firefighters train and hone their skills to save lives and help in dangerous situations

By Billie Owens

Press release:

Fifteen area firefighers successfully completed the Basic Exterior Firefighter Operations (BEFO) training program held at the Genesee County Fire Training Center. Also, an eight-hour Trench Rescue Awareness course was recently conducted at the Genesee County Fire Training Center. Twenty-two members of the County’s volunteer fire service completed this program on Nov. 9.

BASIC EXTERIOR FIREFIGHTER OPERATIONS TRAINING PROGRAM

BEFO is an entry-level program requiring 79 hours of classroom instruction and skill development. This course is designed to prepare students to respond to emergencies as exterior firefighters. BEFO prepares new firefighters to operate under direct supervision in the exterior or IDLH (immediately dangerous to life or health) areas of the fire scene.

Students participated in training covering: firefighter personal protective equipment (PPE); self-contained breathing apparatus inspection and cylinder changing; fire department communications; building construction and fire behavior; modern fire control research; portable fire extinguishers; rope and knot tying; ground ladders; forcible entry; tactical ventilation theory; water supply; hose and fire streams; loss control; orientation to fire origin and cause determination; fire prevention and life safety initiatives; confined space awareness; overview of first aid and buddy care; and Hazardous Materials First Responder Operations. 

Genesee County BEFO training participants included: 

Alexander Fire Department

  • Matthew F. Grimes                    
  • Adam F. Meier                 
  • Douglas G. Mess                 
  • Heidi L. Richmond                    

Bethany Volunteer Fire Department

  • Timothy J. McCabe                    

Darien Center Chemical Fire Company

  • Megan R. Brown                    

East Pembroke Fire Department

  • Lloyd J. Casselbury

Pavilion Fire Department

  • Amanda A. Goodwin                    
  • Sean P. Vogt Jr.                    
  • Timothy R. Zipfel Jr.                     

South Byron Fire Department

  • Aaron N. Belluscio                 
  • Theresa E. Hammer                 
  • Andew L. Konieczny                 
  • Vitorrio J. Muoio                    

Stafford Volunteer Fire Department

  • Samantha S. Call                  

TRENCH RESCUE AWARENESS COURSE

Problems that can and do occur in trench rescue incidents were discussed. Safety techniques, shoring techniques, proper procedures, team operations and hazard assessment were addressed.

Trench Rescue Awareness participants included:

Town of Batavia Fire Department

  • Joshua K. Boyle
  • Clayton A. Gorski                 

Bethany Volunteer Fire Department

  • Christopher M. Page
  • Kyle L. Rombaut

Corfu Rescue Hook & Ladder Co.

  • Mitchell D. Bates
  • Gregory S. Lang
  • Matthew P. Lenhard
  • Steven D. Rodland
  • Jeffrey D. Luker

Darien Center Chemical Fire Company inc.

  • Joe T. Marino
  • David W. McGreevy
  • Mark R. Starczewski Sr.
  • Paul C. Redden

Elba Fire Department

  • Nickolas J. Esten
  • John D. Mudrzynski
  • Jason R. Pallister
  • Michael J. Schad Jr.
  • George M. Underhill
  • Caitlin E. Zipfel                    

Pembroke Fire District

  • James Reinhardt
  • Tera L. Reinhardt

Stafford Volunteer Fire Department

  • Timothy E. Eckdahl

No serious injuries after bicyclist struck on Main Street, Batavia

By Howard B. Owens

A bicyclist suffered minor injuries about 1:30 p.m. today after being struck by a pickup truck at the intersection of Main and Bank streets, Batavia.

The rider had a complaint of ankle pain and was transported to UMMC for evaluation.

Photo: Courtesy our news partner, WBTA.

Batavia woman, 19, killed in accident on Pearl Street Road

By Howard B. Owens

A 19-year-old Batavia woman died this morning after her 2004 Dodge Neon struck a tractor-trailer on Pearl Street Road at Wilkinson Road, Batavia.

Tori Nigro was pronounced dead at the scene by Coroner Karen Lang.

Investigators believe Nigro, who was northbound on Wilkinson Road, failed to stop at the stop sign at the intersection.

Her car struck the truck's passenger-side wheels. Her vehicle came to rest in the eastbound lane of Route 33 and the truck came to a controlled stop just east of the intersection.

No charges have been filed.

An investigation by the Crash Management Team is ongoing. Assisting in the investigation are Deputies Kevin McCarthy, Andrew Hale, Eric Andre, and Investigator Chris Parker. 

Assisting at the scene were the East Pembroke Fire Department, Corfu fire, Town of Batavia fire, and the Fire Coordinator's Office.

(Initial Report)

Car, deer accident, with hunter firing shots, reported on Galloway Road

By Howard B. Owens

An accident with injuries and possible shots fired reported on Galloway Road, between Downey Road and Kelsey Road, Batavia.

The report is that a driver swerved to miss a deer and a hunter fired at the deer.

Town of Batavia fire dispatched but to stage at Fire Hall.

Mercy EMS dispatched.

Deputies are responding.

UPDATE 11:05 a.m.: Per a deputy on scene, Town of Batavia fire assignment is back in service.

UPDATE 4:06 p.m.: Per the Chief Deputy Gordon Dibble, reports of hunters firing rounds in the area were not substantiated. Initial investigation indicates a driver was eastbound on Galloway Road when two deer ran in front of the vehicle from the north, causing the driver to swerve. The driver struck a fire hydrant, shearing it off, in the area of 3321 Galloway. There were no injuries.

Law and Order: Employee accused of stealing drugs from UMMC

By Howard B. Owens

Janet L. Gatley, 48, of Niagara Falls Boulevard, North Tonawanda, is charged with falsifying business records, 1st, criminal possession of a controlled substance, 7th, petit larceny, and violation of public health. Gatley is accused of stealing numerous controlled substances from UMMC, where she was employed. The alleged thefts were investigated by Batavia PD and the State Attorney General's Office.

Jordan J. Schunk, 18, of Alexander Road, of Alexander, is charged with unlawful possession of marijuana. Schunk was allegedly found in possession of marijuana while in DeWitt Recreation Area after hours, at 8:58 p.m. Monday.

Jammie Lee Brown, 26, of Gates-Greece Townline Road, Rochester, is charged with harassment, 2nd. Brown is accused of grabbing and pushing another person while at a gas station on Route 19, Town of Le Roy, at 4:31 p.m. Thursday. Brown was jailed on $250 bail.

Kenneth Carl Niles, 26, of Route 88 North, Newark, is charged with petit larceny. Niles is accused of shoplifting from Walmart. Also charged, Scott James Gunkel, 38, of North Main Street, Newark.

Collin Wickings, 24, of Bergen, is charged with first-degree sex abuse. Wickings is accused of sexual contact with a child less than 11 years old. Wickings was arrested as a result of an investigation by State Police. No further information released. The investigation is pending.

Photos: Batavia Kiwanis Club's 10th Annual Free Skate

By Steve Ognibene

A few hundred people came out this morning getting their excercise in before today's Thanksgiving holiday sponsored by The Kiwanis Club of Batavia. This has been a great tradition enjoyed by many people.

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