batavia

Arthur L. Golden, 63, of Batavia, is charged with petit larceny. Golden is accused of stealing a bicycle from a neighbor on East Main Street at 6:36 p.m., May 20. The bicycle was recovered and returned to its owner. Golden was issued an appearance ticket.

Arthur L. Golden, 63, of Batavia, is charged with assault 3rd. Golden is accused of attempting to assault one of his neighbors in an apartment complex at 4:15 a.m., May 26.  Golden was arraigned in City Court and released on his own recognizance. He was issued an order of protection and ordered to return to court on June 16.

Luis Gilbert Torres, 42, of Gilbert Street, Le Roy, is charged with assault 2nd, menacing 2nd, and criminal possession of a weapon 3rd.  Torres was arrested on June 1 in the Village of Le Roy. Information on his alleged offense was not released. he was arraigned in Town of Le Roy Court and ordered jailed on $20,000, $40,000 bond, or $80,000 partially secured bond.  

Julious "Fatboy" Murphy, 69, of Jerome Place, Batavia, is charged with criminal sale of a controlled substance 3rd, and criminal possession of controlled substance 3rd. Murphy was arrested Sunday on a sealed Grand Jury indictment during a traffic stop by Batavia PD. Murphy is accused of selling crack cocaine to an agency of the Local Drug Task Force while in Batavia.  Murphy was arraigned in Genesee County Court and released under supervision.

Delonta Rashid Sharif Curry, 21, of Thomas Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Curry was stopped at 12:06 a.m., June 1, on Route 33 in Bergen, by Deputy Kenneth Quackenbush. He was released on appearance tickets.

Logan Michael Biedrzycki, 19, Sunridge Drive, Rochester, is charged with three counts of reckless endangerment 1st, unlawful fleeing a police officer, acting in a manner injurious to a child, criminal possession of a weapon, and reckless driving. Biedrzycki is accused of fleeing from Deputy Kenneth Quackenbush after the deputy attempted to make a traffic stop at 4:03 p.m., June 5, on Biedrzycki's vehicle. It's alleged there was a juvenile in the vehicle.  Biedrzycki was arraigned in Stafford Town Court and ordered to reappear on July 12.

Andrew Joseph Draper, 43, of Miller Avenue, Batavia, is charged with DWI, driving while impaired by drugs, aggravated unlicensed operation 3rd, unlicensed driver, and inadequate headlights.  Draper was stopped at 11:26 p.m., Dec. 21, on West Main Street, Batavia, by Deputy Morgan Ewert.  Draper was arrested on June 6.  He was arraigned in City Court and ordered to reappear on June 29.

Jacqueline Patrice Olsen, 60, no address released, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and speeding.  Olsen was stopped at 10:12 p.m., June 1, on Ellicott Street Road, Bethany, by Deputy Trevor Sherwood. Olsen was ordered to appear in court on July 27.

Tarrence Y. Williams, 22, of Porter Avenue, Batavia, is charged with two counts of criminal possession of a controlled substance 3rd and two counts of criminal sale of a controlled substance 3rd. Williams was arrested on June 9 as the result of an investigation by the Local Drug Task Force into the transportation, sale, and possession of crack cocaine in the City of Batavia. Williams was arraigned in Genesee County Court and released on his own recognizance. 

Kimberly Ann Brodsky, 30, of County Complex Drive, Canandaigua, is charged with petit larceny and conspiracy 6th.  Brodsky is accused of stealing, in conjunction with an unidentified white male, merchandise from Kohl's Department Store at 7:46 p.m., May 25.  Brodsky was arrested by Deputy Andrew Mullen.  Brodsky is scheduled to appear in Town of Batavia Court on July 5.

Nikita N. Shook, 36, of Perry, is charged with petit larceny. Shook was arrested on a warrant in Wyoming Couty by State Police. The warrant was issued after an investigation by Batavia PD into an alleged theft on April 23. Shook is accused of stealing property from another person. Shook was arraigned in City Court and released on her own recognizance.

Mary I. Flick, 51, of Batavia, is charged with DWI/drugs, unlicensed operation, and criminal possession of a controlled substance 7th. Flick was arrested on a warrant by Batavia in relation to an incident on June 2. She was arraigned in City Court and released under supervision.

Erica M. Raphael, 37, of Batavia, was arrested on a warrant.  Raphael was sentenced on the charges contained in the warrant. The charges were not specified in the release by Batavia. The sentence issued was not released by Batavia PD.

Alicia M. Lyons, 42 of Batavia, is charged with trespass. Lyons is accused of entering a business she had previously been told not to enter at 12:46 p.m., May 28. Lyons was issued an appearance ticket.

Yasier A. Castro Rivera, 34, of Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, unlicensed operation of a motor vehicle, speeding, and aggravated unlicensed operation 3rd.  Castro Rivera was stopped by a Batavia patrol officer at 9:48 p.m., May 25, on Oak Street. Castro Rivera was issued an appearance ticket.

Dajuandrick C. Gardner, 45, of Batavia, is charged with bail jumping 2nd. Gardner is accused of failing to appear in court.  He was jailed without bail and ordered to return to court on June 16.

Robert J. Ritchey, 58, of Oakfield, is charged with forcible touching, sex abuse of a victim less than 13 years old, and acting in a manner injurious to a child. The alleged incident was reported at 10:04 a.m., April 5. This is a pending investigation.  Ritchey was arrested by State Police on June 8. He was ordered held.  No further details were released.

Dustin M. Locicero, 37, of Boliver, is charged with burglary and petit larceny. Locicero was arrested by State Police in connection with an incident reported at 8:56 p.m., June 5, in the Town of Darien.  He is also charged with criminal possession of stolen property 5th and falsifying business records in connection with an incident reported at 11:47 a.m., June 6 at a location in the Town of Batavia. He was issued an appearance ticket.  No further information was released.

Joshua P. Martin, 38, of Basom, is charged with criminal mischief 3rd, two counts of criminal contempt 1st, and endangering the welfare of a child. Martin was arrested by State Police in connection with an incident reported at 7:27 p.m., June 8, in the Town of Batavia.  His release status is "cash bail."  No further details released.

Press Release

All motorists please be aware that Columbia Avenue, Seneca Avenue, and Miller Avenue will experience traffic delays on Friday, June 10th from 7AM to 3PM for cold milling operations.

While work is being performed in this area, the roadway will be closed to all through traffic. Local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during the operation.

This is weather dependent work; if work is postponed it shall progress the next workday.

Please contact the Bureau of Maintenance at 585-345-6400, Option 1 if there are any questions.

Editor's Note: This is part of an ongoing series about city updates and visions from city officials. 

If you ever have opportunity to shop Rodeo Drive, be prepared for personal attention, the feeling of luxury, and some mighty big pricetags.

While strolling down the ritzy commercial zone in Beverly Hills may seem an obscure comparison, it is something worth considering right here in Batavia, City Manager Rachael Tabelski says.

A shopping experience can happen anywhere, she says.

"So here, the retailers like, I think of the bicycle shop, or Charles Men's Shop, they make it an experience for the person shopping there. I do think we'd have what it takes, and will continue to be more and more attractive as these new investments come online. With the building rehabs (and expansion of the YMCA), all of that starts to build more momentum for people to be downtown,” Tabelski said during an interview with The Batavian. “And when you have people, then having the retail offerings comes naturally. So I do feel that we will succeed in bringing more retail back into our downtown, whether it's a large department store or in places like Saratoga Springs, where they have small shops that are like the Gap and Banana Republic. I would love to see that here someday, like specialty shops, specialty brands.”

As for why some of the more exclusive-type shops make it while others do not, she thinks it may be about timing. Pollyanna and Dot, for example, was a successful boutiquey shop with a hint of vintage, but “they hit the market before we were quite ready,” she said.

“But you know, they were on the front end of the momentum building,” she said. “I think as we continue, there's definitely going to be more opportunities for retail offerings. And then the other side of that is online ordering.”

She pointed to some retailers that seem to do a good job at those personal experiences, such as Adam Miller Toy & Bicycle shop, Charles Men's Shop and Valle Jewelers.

“They become successful because, it's not just ‘I’m running to get a suit,’ it’s ‘I’m going to see Dave and I'm going to talk to everyone there and I'm going to, you know, get measured for this and that and the other thing, and get dry cleaned all at the same time,” she said. “Or they're going to have nights where — Valle Jewelers is really good at this —  I think they have nights where you can come in and they have hors d'oeuvres, and then everyone stands around and chats, and you can do your shopping for your birthdays for the next few months there. Like I said, it makes it more of an experience than just a ‘I get to run in and get something at Wal-Mart.’ So I think that's the key to these retailers is finding niches of buyers; they need to operate online, but in person they need to offer these experiences for their customers. And I think a lot of them here do that. And those are the ones that have been successful.”

While we’re downtown, what’s happening with the new police station plans?
"Right now, the police station is under design. And we are just getting our first look at what's called a schematic design and potential pricing of the police station. So internally, we'll be reviewing that, we'll be looking to determine the affordability of all the elements, they kind of give all the elements you want in a building, and then they put it together and they give you a price and you're like, okay, well, now we'll move forward with that internally,” she said. “So we are looking forward to continuing the process with the architect and engineering firm we selected, which is Ashley McGraw out of Syracuse. And then they move once we've kind of settled on this, what they call final schematic design.”

From that point, the process moves into design-draft documents of the station. City officials hope that the project can be finalized and go out for bids on construction by the next calendar year, she said. Tabelski predicts that city police staff won’t be moving into new digs until summer of 2024, with an allotted 18-month construction period.

“So overall, I think the process is moving along. And we're getting through the design elements of the facility,” she said.

As for financing, a “level debt” payment plan that is paid into reserves, and a potential $2.5 million “direct spending request” submitted to senators Chuck Schumer, Kirsten Gillibrand and Congressman Chris Jacobs are to assist with capital costs of the new facility, she said.

There is also a City Fire and Public Works departments project that will resume after being stalled during — you guessed it — COVID-19. City staff has “picked that back up” to finally get some work done that, up to now, has only been talked about “for many, many years,” she said.

A $1.1 million project focuses on the Bureau of Maintenance garage, which is to get a new air filtration system to ensure a safe space inside where gasoline-fueled vehicles operate. The fire station is slated for a new generator and boiler, handicap accessibility to the front of the building and parking bay apron and some improvements to the restrooms and locker rooms, she said.

On the other side of town, the new David M. McCarthy Memorial Ice Arena was officially named, per a 10-year lease agreement with Guy Pellegrino for the naming rights. With the end of Firland Management’s involvement (the company announced previously it was not renewing its contract in June), the city has put out a request for proposals to find a new management company for the Evans Street site.

RFPs are to be into the city by Friday. What if a company wants to put its own name on the arena in addition to managing operations?

“If there was anyone that wanted to come in and rename the rink, it would have to be a renegotiation of that contract. I do not see us changing that in any way, shape, or form,” she said. “So I would consider the naming rights stable.”

The RFPs specify that the contract would be for the McCarthy arena, so a managing company would know up front that the name is in place, she said. As of Thursday, there have been five RFP "respondents" seeking additional information, she said. Some of them have contacted her for more details and/or requested tours of the ice rink.

“So there's definitely been an interest in operating at the rink. And I'm excited to see what those proposals look like. They’ll be scored internally. And then the recommendation will be brought to council. And we hope to have everything set by the July 11 meeting,” she said. “I’m very excited to see the interest in operating the rink. I think whoever comes in next is going to have the passion to maybe bring new things to the rink, and continue to operate it and work with the city. The city is responsible for the building and the capital improvements and needs to work hand in hand with the operator. And the operator needs to work hand in hand with GAHA (Genesee Amateur Hockey Association).”

Other groups that use the rink regularly include Batavia City Schools, Notre Dame’s hockey team and a local men’s league.

Overall, she is looking for an entity that would not only have great financial planning capability and business sense, but would also have “a great ability to communicate with all parties to make sure that the ring is being utilized as much as possible, and being put to use in our community,” she said.

“And there's a return on that to our businesses in the community because the more people we draw into our city for different things like hockey tournaments and hockey games, the more spin-off economic impact we have in our restaurants and our retail and other areas,” she said. “So there's definitely an economic impact to the rink, and the respondents are going to really need to highlight how they see themselves running this … and make it a lively and vibrant place similar to what Robbie Nichols Did with Dwyer Stadium. He has done phenomenal ever since, and promotions and involving the KMS dance team, involving Little League, involving the high school baseball team. He's really brought the community together at the stadium for a lot of different things.”

Next up is about city sidewalk and street repairs, with a map of sidewalk projects to date.

Top Photo: City Manager Rachael Tabelski in her office at City Hall. 2016 File Photo: Gov. Kathy Hochul during a prior visit with downtown retailers, including Adam Miller Toy & Bicycle on Center Street. 2022 File Photo: A crowd celebrates the official naming of the David M. McCarthy Ice Arena, which has great potential to be a booming ice complex, City Manager Rachael Tabelski says. Photos by Howard Owens.

Kevin H. Ayers is indicted on counts of criminal mischief in the third degree, criminal obstruction of breathing or blood circulation, menacing in the second degree, and harassment in the second degree. Ayers is accused of damaging a Ford F350 pickup belonging to another person on Oct. 8 in the town of Pembroke.  He is accused of damaging the rear driver-side tire, door, and fender. He is accused of choking the same victim on the same date at the same location. He is accused of displaying a knife in order to threaten that person. And with the intent to harass, annoy, or alarm, he is accused of having physical contact with that person.

Joshua L. Webster is indicted on two counts of criminal contempt in the first degree, one count of menacing in the second degree, one count of criminal possession of a weapon in the third degree, three counts of endangering the welfare of a child, and one count of criminal contempt in the second degree. Webster is accused of violating an order of protection on Dec. 31 at a location on West Main Street, Le Roy, by intentionally placing a protected person in reasonable fear of injury or death by displaying a deadly weapon. He is accused of displaying a knife with the intent of using it against another person while children were present. He is accused of violating a stay-away order of protection on March 28 at the same location, and again on May 1. 

Zachary P. Hursh is indicted on counts of criminal possession of stolen property in the third degree, obstructing governmental administration, unlawful fleeing a police officer, and reckless driving. Hursh is accused of knowingly driving a stolen 2017 Honda Civic on Dec. 1 in the Town of Stafford. He is accused of using physical force to prevent a public servant from performing his official duties. He is accused of fleeing from a police officer in a vehicle at speeds in excess of 25 mph above the posted speed limit. He is accused of driving in a manner that jeopardized public safety.

For the last 13 years HCR Home Care has partnered with Genesee County Health Department as it forged new territories within the Finger Lakes region.

On Wednesday, the Batavia-based agency celebrated moving into yet another new space at Batavia City Centre. With a local foothold in Genesee County, plus Orleans, Monroe and an expanded reach into a total of 26 counties, HCR employs 35 people in this region and more than 750 employees in Upstate New York, Chief Executive Officer Louise Woerner said.

“Our employees are not only caring for patients, but helping to create jobs across New York State,” Woerner said during a ribbon-cutting celebration Wednesday at 47A City Centre. “We look forward to the growth this office brings HCR within Genesee and Orleans counties, and the continued partnerships within this area of our footprint.”

Woerner knows a thing or two about home healthcare, having been involved since 5 years old, helping out with her live-in grandmother. Later on, while living several states away from home, she later faced the challenge of assisting her father after her mom died at an early age.

That’s a dilemma that many people face when loved ones are in need of care while wishing to remain at home. Woerner founded the agency based on her knowledge of that need.

Agency employees “play an important role in treating people and keeping them safe and healthy in the comfort of their homes,” its website states. Services include a “wide range of home health care and social services” to provide support for a loved one’s needs, it states.

President Suzanne Turchetti thanked guests for attending, including City Manager Rachael Tabelski, City Council President Eugene Jankowski, Genesee County Legislator Gary Maha, state Assemblyman Stephen Hawley, who presented a certificate of merit to HCR, and agency staff.

“We are so excited to christen this new office; what an upgrade it is,” Turchetti said of the space on the City Centre’s west side. “We are so glad everyone was able to make it today, and we wanted to thank you all for being such wonderful ambassadors for HCR within the (Genesee and Orleans County) community. Your dedication to your patients as well as HCR is unmatched.” 

Regional directors recognized local staff members with awards and gifts as thanks for their dedication. HCR has cared for more than 26,000 unduplicated patients in Genesee and Orleans counties since its partnership in 2009.

Top photo: HCR Home Care President Suzanne Turchetti, left, and CEO Louise Woerner flank state Assemblyman Stephen Hawley as he presents the agency with a certificate of merit Wednesday in Batavia. Local Genesee County and City of Batavia representatives and agency staff celebrate a ribbon-cutting ceremony Wednesday at HCR's new office at 47A Batavia City Centre; agency staff members were recognized with certificates and goodies as a thank-you for their dedication. Photos submitted by HCR Home Care.

 

A vehicle has hit a garbage can behind the ball field at Williams Park and is leaking fluid.

No injuries.

City Fire dispatched.

Press Release

Batavia, NY – Seize the day with a guided kayak tour of DeWitt Lake! Join us Saturdays July 9th and 16th to explore the lake by water and discover a new world. Each day has 2 sessions. Session 1 takes place from 10:00 am to 12:00 pm, Session 2 takes place from 1:00 pm to 3:00 pm.

Meet at the boat launch at DeWitt Recreation Area. No experience needed, a beginner kayaking lesson is provided! Kayak rentals with life vests are provided or you may bring your own. Rentals are available for ages 12 and up, no tandems for rent.

Guided tour fee is $15/person without rental or $25/person with kayak rental per session. Pre-registration is required, call 585-344-1122!

For more information visit our website at http://www.co.genesee.ny.us/departments/parks/, or
contact Shannon Lyaski at Shannon.Lyaski@co.genesee.ny.us or (585) 344-1122.

Two motorcycles are reported down in the road at Liberty Street and Sumner Street, Batavia.

Unknown injuries.

City Fire and Mercy EMS dispatched.

UPDATE 8:15 p.m.: Two motorcyclists collided, no other vehicles involved. Both drivers were seen walking around the scene. Mercy EMS has left the scene without transporting anyone. The accident is under investigation and Batavia City Police will provide an update later.

UPDATE 10:30 p.m.: The investigation so far indicates that the two motorcycles were southbound on Liberty, speed unknown, when the front motorcycle slowed suddenly and the driver of the trailing bike (pictured above) did not see the front bike slowing in time to slow himself down and he rear-ended the first bike.  The first rider was transported by a private vehicle to an unknown hospital for treatment/evaluation. The second rider was uninjured. No citations were issued. Sgt. Mitchell Cowen said, perhaps coincidentally, he had been dispatched minutes before the crash was reported to East Main Street to investigate a complaint of two motorcycles driving at a high speed and recklessly on East Main Street.  A firefighter on scene had also said two motorcycles had been speeding on Evans Street shortly before the crash.  There is no evidence, however, that the two bikes involved in the crash were the same bikes reported elsewhere in the city earlier.

"Brad Pitt" (not his real name) has, in the space of a month, gone from a fearful, emaciated, feces-covered canine to a healthy, sweet-tempered, friendly, sweetheart of a dog while in the care of the county's Animal Control officers and Volunteers for Animals.

"Pitt" was seemingly abandoned by his owners in Apt. 60, 337 Bank St., Batavia. He was found on May 10 in a cage inside the apartment without food, covered in his own fecal matter, and skinny and weak.

A female Pitbull was found in the same apartment, also in a cage, also in poor health -- so poor that by the time a veterinarian determined what to do for her, the most humane option was to euthanize her.

The two people who allegedly abandoned the dogs are Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24.  Both have been charged with felony aggravated cruelty to animals. 

According to court documents, a maintenance worker at Walden Estates was aware of the dogs and the owners and also believed the couple had stopped paying rent sometime prior to May.  He and a neighbor had observed the residents moving out of the apartment some days to a week or so prior to May 10.  On that date, the worker observed trash piled up outside the apartment.  He spoke to a neighbor who said he hadn't seen the occupants for a week or two.

The female dog had given birth some weeks prior, according to the neighbor, and he had witnessed, he said, the residents removing the puppies and a TV.

The worker asked if the adult dogs were still inside, and the neighbor said he believed they were still in the apartment.

The worker looked into the apartment and saw one of the dogs in a cage.

Concerned about the health and safety of the dogs, both the property manager and the neighbor entered the apartment through an unlocked door and found two Pitbulls locked in cages, unfed, and covered in "shit," as the neighbor said in his statements.

"The black dog looked terrified and almost dead," the neighbor wrote. "The other dog looked terrified, shocked, and couldn't even stand, so we had to pull him from the crate. He had no strength at all."

He contacted the property manager and asked her to call the police. Officer Peter Flannigan and Sarah Fountain, a county animal control officer, responded.

Fountain wrote that when she arrived she found the dogs in the condition described by the witnesses and that the black dog, the female dog, was cold to the touch. 

Both dogs were assisted to the animal control vehicle, with the female dog carried on a stretcher. 

A normal dog's temperature is between 100 and 102 degrees.  The female dog's temperature was 93.3, the veterinarian told Fountain.

The dog "had no reserves and, basically, her body was shutting down," Fountain reports the vet telling her.   She was down to 20.4 pounds and should have weighed at least 40 pounds.

The vet did not expect the female dog to recover so it was euthanized.

The male Pitbull -- who has acquired the nickname "Brad Pitt" while at the shelter -- has been put on a thrice-a-day feeding plan and was up to 45.9 pounds by the time Fountain wrote her report for investigators.  She could not discuss his current condition today since there is still a criminal case pending.

Searight was originally scheduled for an appearance in City Court yesterday, but the case has been moved to 1:30 p.m. June 21.

Legally, Searight and Scarbrough still own the dog. Typically in animal abuse cases, the defendants are asked during the proceedings to surrender the dogs to Animal Control, at which point, the animal can be put up for adoption.

Fountain also reported finding a cockatiel in the apartment. She couldn't assess its health condition and The Batavian doesn't have information on its status.

There are four vehicles involved in an accident at West Main Street and River Street, Batavia.

All occupants are out of the vehicles and walking around, according to a first responder.

City Fire and Mercy EMS dispatched.

UPDATE 5:45 p.m.: Two more ambulances requested to the scene to evaluate patients.

Batavia PD is looking for a person of interest in association with the theft of benches from a local business.

The name of the business nor location were released by the department.

The person of interest and vehicle associated with that person are shown in the photos.

The bottom photo is of a bench identical to the ones that were stolen.

Anyone with information is asked to contact Officer Nicole McGinnis at (585) 345-6350 or the Batavia Police Department's confidential tip line at 585-345-6370.

A 37-year-old Batavia woman admitted in Federal Court today to wire fraud in a case that involves her possession of unemployment benefit cards in the names of other people.

Danielle Tooley faces up to 30 years in Federal prison and a $1 million fine when she is sentenced in August.

A state trooper uncovered the fraud during a routine traffic stop in Bergen on Nov. 24 in which he first discovered evidence of crack cocaine and then during a search of the vehicle found six NYS unemployment benefit cards in the vehicle's center console. 

According to the trooper, he observed a crack pipe with white residue in the vehicle.  Tooley admitted at the time that she had crack cocaine in the vehicle's center console.  As he prepared the vehicle to be towed, he recovered the cards made out to individuals other than Tooley.  He turned the cards over to the U.S. Department of Labor.

Federal authorities investigated and found that Tooley had withdrawn money from bank accounts associated with the benefit cards.

Prosecutors say that Tooley used the COVID-19 relief program to perpetuate her fraud.

The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone; the Department of Homeland Security, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Todd Allen; the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge Sharon B. MacDermott; and the New York State Police, under the direction of Major Barry Chase. 

Sentencing is scheduled for August 17, 2022, at 3:30 p.m. before Judge Wolford.

Matthew Zakrzewski 

In Genesee County Court today, Matthew T. Zakrzewski faced the metaphorical equivalent of Door 1, Door 2, or Door 3.

Only Door 1 was already open.  It contained a maximum prison term on his arson charges of 10 years.

Behind Door 2 is the possibility of 20 years in prison, and behind Door 3 is a jury trial and a possible 40-year prison term if convicted.

Zakrzewski rejected Door 1 because he had done his own research and apparently believes he can beat the five possible felony charges pending against him.

While Zakrzewski's case has not yet been presented to a Grand Jury, he is currently charged with:

• Arson 2nd, intentional with a person present, a Class B felony, arrested on Jan. 16
• Arson 3rd, intentional damage to property, a Class C felony, arrested Jan.17
• Criminal mischief 4th, an A misdemeanor, arrested Jan. 16
• Burglary 2nd, a Class C felony, arrested Jan. 16
• Criminal mischief 3rd, a Class E felony, arrested Jan. 17
• Arson 5th, intentionally damaging property, an A misdemeanor, arrested Jan. 18
• Criminal mischief 3rd, a Class E felony, arrested Jan. 18

District Attorney Kevin Finnell communicated to Zakrzewski's attorney, Fred Rarick, a plea offer that would have Zakrzewski admit to two arson felonies in exchange for a sentence cap of 10 years in prison.

Initially, Zakrzewski accepted the plea offer but after "doing his own research," Rarick told Judge Melissa Cianfrini, Zakrzewski decided there were defenses available to him that might help him beat the charges at trial.

For example, Rarick said Zakrzewski believes he can claim he was drunk at the time of at least one of the crimes and use that as a valid defense.

Rarick said he regrets that there is no way, while Zakrzewski is in the Genesee County Jail, that the attorney could show him video the prosecution could present that purportedly shows Zakrzewski in the act of committing a crime. In his professional opinion, Rarick said, it would be hard to convince a jury, based on that evidence, that Zakrzewski was intoxicated.  He isn't stumbling around or displaying other signs of clear inebriation. 

In court on Tuesday, Finnell said that if Zakrzewski did not accept the pending plea offer by the end of the hearing, it would be withdrawn, and the cases against him would be presented to a Grand Jury. If indicted, the best plea offer Zakrzewski could hope for was a 20-year prison term.  If that was rejected, Finnell noted, and Zakrzewski was convicted at trial, he would face a maximum prison term of 40 years.

Zakrzewski told Cianfrini that he understood the offer and the consequences of rejecting it.

He also said that, based on Rarick's apparent belief that Zakrzewski would be convicted of the charges, he wanted a new attorney.

Cianfrini explained to Zakrzewski in multiple ways that the court had no authority to force the D.A. to reinstate a rejected plea offer, and that once it was withdrawn, it was entirely at the descretion of the District Attorney to decide what, if any, other plea offer might be made.

"It will be out of the court's hands," Cianfrini said. "It is on the District Attorney's authority.  The court cannot compel the District Attorney to make a plea offer."

Zakrzewski said he understood that.

She also explained that Rarick had a law degree and passed the bar.

"He has many years of criminal defense experience," Cianfrini said. "His job is to make an assessment of the case based on his training and experience and offer you advice."

"Do you have a law degree?" she asked Zakrzewski.

"No," he said.

Cianfrini told the defendant, "You don't have the background or the training and experience, but it is absolutely your decision."  She wasn't trying to influence his decision, she said, but wanted only to make it clear the limits of the court's authority and that once the decision was made, it couldn't be undone.

"His job is to look at the evidence and advise you," she said. "When he tells you things, he's not working against you. He's telling you based on his experience and training, this is what he thinks."

Rarick said that while in his professional opinion Zakrzewski should accept the plea offer, he was ready and willing to assist Zakrzewski in pursuing his right to challenge evidence, make motions, and mount a defense.

After the discussion, Zakrzewski agreed, at least for the time being, to keep Rarick as his attorney.

The 42-year-old Zakrzewski is accused of setting a chair on fire at Washington Towers in mid-January. Later in January, he was accused of starting a fire at a residence on Bank Street earlier in the month. He was later arrested in connection with a reported mid-January fire, also on Bank Street.

Makeen Ithna-Asheri

A Batavia man facing a manslaughter charge for allegedly letting the mother of his children die of a drug overdose entered a not-guilty plea in County Court on Monday.

Makeen Ithna-Asheri, 61, is accused of buying drugs for Anda Ithna-Asheri, 61, and then when she overdosed, he allegedly failed to provide aid.

Police were called to the Ithna-Asheri residence at Northside Meadows at 9:32 p.m., Dec. 31, to investigate a report that two adults had overdosed in the presence of their children.

When patrols arrived, Anda Ithna-Asheri was already dead.  Emergency responders administered several doses of Narcan to revive Makeen Ithna-Asheri, according to police.

The children were reported to be aged seven and 10.

Last week, Ithna-Asheri was indicated by a Genesee County Grand Jury on counts of manslaughter in the second degree, two counts of endangering the welfare of a child, and criminal possession of a controlled substance 7th.

Ithna-Asheri entered a not-guilty plea to all charges.

Motions in the case are set to be argued at 1:45 p.m. Aug. 9 in Genesee County Court.

Judge Melissa Cianfrini continued Ithna-Asheri's confinement status at $50k bail, $100k bond, and $150k partially secured bond. Still in jail on the same bail.

 

Press Release:

Kiwanis Club of Batavia will be hosting its annual Independence Day 5K on Monday, July 4 at 9 AM at Centennial Park. The club is so excited to bring this event back in person after hosting a virtual event last year.

You can register here

Proceeds from the race will be distributed to the Autism Nature Trail at Letchworth State Park, Batavia City School Foundation for the Community Schools Program, and lastly the Kiwanis activity fund which supports community events such as our Easter Egg Hunt, Thanksgiving Morning Skate and others.

We can’t wait to see you there!

Press Release:

The Batavia Police Department is looking for help in identifying a person of interest in a larceny at Tops Supermarket which occurred on June 2 at approximately 10:05 a.m. Anyone with information on the identity of the person in the photo is asked to contact Officer Christopher Lindsay at 585-345-6350, the confidential tip line at 585-345-6370. Please do not post tips on Facebook or Twitter as the posts are not continuously monitored.

The Batavia Muckdogs (3-1) plated an eight-inning run to break a 5-5 tie with the Auburn Doubledays at Dwyer Stadium on Monday in a game that was delayed a couple of times due to rain.

In the eighth, Brian Fry doubled to open the frame, advancing later in the inning on a double steal after Daniel Burroway had reached base on an error.  Fry scored on a sacrifice fly from Alec Maag.

Fry was named player of the game after going 4-4, scoring twice and knocking in a run. The sophomore at the University of Toledo and from Medina is now hitting .533 on the season.

Tyler Cannoe had a hit and two RBIs and Burroway had two RBIs.

The winning pitcher was Trey Bacon. The Santa Fe College sophomore started in left field but took the mound in the seventh inning and gave up only one hit, striking out four, over three innings.

Joshua Milleville, from Lockport and attending Fairleigh Dickinson University, made his first start of the season. Milleville escaped a tough spot in the opening frame. He hit two hit batters, gave up a single and a sacrifice fly to score one run before he recorded his first out.  He only gave up one more run in 3 2/3 innings of work, striking out three while surrendering seven hits. Batavia's Alex Hale came on in relief and gave up four hits, two runs and walked two over 2 1/3 innings.

Eddie Rives took the loss for Auburn.

Top photo: Brian Fry with a stolen base in the first inning.

Photos by Howard Owens

Auburn shortstop Cooper Erickson scores the first run of the game in the first inning while Batavia catcher Alec Maag waves off a throw to the plate.

Third baseman Jerry Reinhart.

Fry singles in the first inning.

Starting pitcher Joshua Milleville

Second baseman Fry fielding a ground in the first.

Jerry Reinhart fouls off a pitch in the second inning.

Josh Leadem, attending the University of Rochester, grounds out to third in the second inning.

Extra hitter Liam Ward, from Albion and attending Niagara University, fouls off a pitch in the second inning.

Reinhart, Caleb Rodriguez, and Fry during the National Anthem.

Editor's Note: This is the first in a series of talks with City Manager Rachael Tabelski regarding updates on various city initiatives.

It was one thing to be working when COVID-19 hit, and one had to figure out a system for being remote at home. But for City Manager Rachael Tabelski, she was hired for the assistant manager and city manager positions during the pandemic, which meant not having all of the regular in-person meetings with key professionals. She recently attended her first NewYork Conference of Mayors meeting, live and in person.

“Overall, it was very good and very informative. It was nice to actually meet other managers around the state, and talk to them about what they have going on in their community, ” she said during an interview with The Batavian. “So it was really, really, for me, extremely helpful, because for two and a half years, I really couldn’t meet anybody out there.”

The Batavian talked with Tabelski for updates on city projects, vacancies and future insights. Her assistant manager position has been open for a few weeks now, and resumes have been coming in, she said.

“I think it's great to see so many folks interested in the position and in the job and how it's going to move forward,” she said. "And I sincerely thank The Batavian and your articles, because I think that's helpful for candidates to see the news of what's going on in the community, and thoughts and goals and vision I have for that job. So I think that's really neat. And I think the news outlets in Batavia, actually, knowingly or unknowingly, play a big role in how we can recruit for qualified candidates both at city and county levels of government.

“Because people who read the stories that you write about what is going on in the community, what positive changes we may be making, what problems and issues we're trying to tackle. They read all that before they come and apply for a very high-level job like assistant city manager,” she said. “And so credit to our residents and our news agencies for showing the best side of Batavia out there that there is a lot of progress going on. There's a lot of investment and that government teams are a place people would want to come work for, especially here in the city.”

Batavia’s driving force …
“I think it's great that there's a lot of positive momentum in our community surrounding the downtown development projects. The hospital being under Rochester Regional Health, their new buildings, their new offerings for health care here, I think, is huge,” she said. “I think the school district plays into the idea of locating somewhere as well. If you were coming from out of the region to locate here, you'd be looking at the school district, we'd be looking at the prospects for the future, or is it a growing city? Did we have good numbers on the last census track? Do we have programs aligned to keep people here and in their homes? Or to help people qualify to buy homes? Do we have a highly educated population? You know, what percentage do we have graduating high school and college? All those factors play into any job seeker when they're looking for a new opportunity.”

At first blush, it certainly seems as though the city is displaying at least some of those characteristics. Batavia City Schools placed in the top half of all districts across the country in the latest U.S. News & World Report. A local realtor is conducting a workshop next month to assist prospective homeowners with the process. Projects are in various stages of completion to provide new, affordable housing, restaurants, jobs and a second brewery.

Though there also seem to be gaps, by city and county officials’ own admission. There is no large venue to serve as event space; JC Penney’s, a dependable staple and anchor for the former mall, has left; and there are sections of black space within empty buildings where the lights have been turned out.

Housing needs -- from permanent to temporary ...

An upside is the impending Ellicott Station, with expected completion to be in the summer of 2023. Geared towards lower-income folks, the complex should serve the needs of “certain service sectors” and seniors, Tabelski said, with “really nice housing” and an opportunity for the occupants to hang onto some of what they earn or receive from Social Security.

Housing developers conducted a market housing study and identified a price point for housing in this area, she said. That doesn’t mean Batavia is sufficient without the higher, market-rate housing developments, she said.

“So I think sure, if they've proven there's a need for it, and they're going to rent those all out, then there absolutely is a need for high-quality rentals at those certain price points. I also think there's still a big need for market-rate housing. The question is, can a developer come in and get a return on their investment on a building that works for them at the market rates?” she said. “And I think someday, yes, they will be able to. In the COVID building season, it might be a little more difficult.”

As for empty buildings — the former JC Penney, for example — what would serve the city best? Tabelski referred to a report from 2010 that stated there wasn’t a market for a boutique hotel downtown, and officials have heeded that advice up to now.

“I absolutely disagree with that statement. I think with all of the investment going on with the YMCA and the different offerings, and the theater, with the hockey rink, that there is a need, and a small boutique-style hotel or micro-hotel could be very successful in our downtown,” she said. “I think it's one of the next steps in our development process. So again, the exact people that live here and they spend money in retail restaurants, then they have family come in to visit, and now there's a hotel in the downtown. And not to even forget our international students from GCC, they may have friends and family that fly in to see them. Certainly, they could stay at the other hotel offerings that are there, but this might be an opportunity to bring them more into our downtown and more into an urban atmosphere than on the outskirts.”

A wedding (or similarly large special event) party house would also be very successful, she said. Or perhaps both of those ideas.

“In our downtown, we've talked about it for a long time, it would pair nicely with a boutique hotel,” she said.

Another housing need, though, has more to do with longer-term, temporary situations. We are missing “the larger manufacturing corporations” in need of fully furnished lodgings for new employees in training, she said.

“For them to stay in, for maybe a three, four or five months period, which I consider a corporate housing-type market,” she said.  “We talked about this when I was at the IDA, and now I continue to see it happening, that they'll need to go to the outer suburbs of Buffalo and Rochester to find something fully furnished, a corporate housing-type opportunity. So I think that's another opportunity the city has, to develop a unique piece of the market and have more people staying here. And when I say the city, I do mean the private sector, not the actual city of Batavia, just to be clear, where someone could make a return on their investment and have a product out there that supports the manufacturers and their employees that come over for kind of longer-term stays. There's a lot of positive opportunities even after we get all these DRI (Downtown Revitalization Initiative) projects done, there's going to be a lot more to continue to work on.”

Last word on the vacant Penney building was that a real estate developer from California purchased the property and is shopping it around to local developers. Meanwhile, designs are being made for the new police station, to be just across the street at another Alva Place and Bank Street parking lot.

Next up: The city manager discusses the police station, ice rink, shopping experiences

Top 2022 file photo: City Manager Rachael Tabelski gives an update during a City Council meeting, and Tabelski participates in the ceremonial groundbreaking shovel toss for Ellicott Station. 

Press release:

The Crossroads House Board of Directors is pleased to announce the appointment of Charlotte Crawford as their new Executive Director, effective immediately. Charlotte has been serving as the interim Executive Director following the departure of Jeff Allen.

A native of Western New York, Charlotte has worked as a nurse in many areas such as: physician’s offices, nursing homes, and hospitals. In addition to teaching Nursing Leadership at GCC, she also continues to serve as a NYS Certified Paramedic. Her last 22 years were spent at Lake Plains Community Care Network (LPCCN), a rural health network covering Orleans, Genesee, and Wyoming Counties. She began her employment as the Care Management Developer, followed by Associate Director, and the last 6 years as the CEO.

Charlotte met Kathy Panepento, the founder of Crossroads House, many years ago when Crossroads House was just a dream. Little did she know that fifteen years later her father would become a resident in the home. It was then that the mission of comfort care became very near and dear to her heart; however, she did not become actively involved until 2 ½ years ago when she was invited to become a member of the Board of Directors. In March of 2022, she was asked to fill in as the Interim Executive Director, and fell in love with Crossroads House, the mission, and all the amazing nurses, aides, and volunteers. Charlotte found their passion and dedication for everything they do to be contagious. “I am extremely excited to become a part of the talented administration team as we constantly strive to move Crossroads House forward to expand our offerings and services, and grow to better serve our community.”