batavia

A motor-vehicle accident with injuries is reported on the eastbound Thruway at mile marker 387.2. One car crashed into a guardrail with at least one person unconscious.

"We spoke with the driver. We think it's a one-vehicle accident; however, he's unsure if he hit any other vehicles."

Town of Batavia Fire Department is responding along with Mercy medics.

UPDATE 7:57 p.m.: Medics are on scene. They advise the vehicle is off the roadway; Town of Batavia fire can go back in service if they choose. No word on injuries.

UPDATE 8:12 a.m.: All units are back in service.

Photo credit: Jim Burns.

NOTE: This was originally posted at 1:15 p.m. We've updated the time stamp to move it back up to the top of the home page. The suspect is in custody.

Minutes ago about a dozen State Police cars swarmed onto the Thruway at the Batavia exit after a vehicle stopped there briefly following a high-speed chase that began in Canandaigua for unknown reasons. Now the pursuit has begun anew.

The suspect vehicle is traversing the median of the Thruway, going eastbound and westbound intermittently.

Troopers were told to be on the lookout for the vehicle driven by a possibly suicidal male.

Spike strips were set up at the Batavia exit, but it is unclear if they were deployed.

There are currently three police cars parked near the Batavia Thruway exit 48; the male subject's latest location is near the Le Roy exit.

UPDATE 1:23 p.m.: The suspect vehicle is stopped at the Le Roy exit Stafford overpass.

UPDATE 1:44 p.m.: The vehicle is stopped on I-90 eastbound about one mile from the Route 237 overpass. A trooper is blocking westbound I-90; and eastbound a number of emergency vehicles are on scene and a helicopter is hovering overhead.

UPDATE 1:48 p.m.: The subject is alert in the vehicle but not responding to officers' commands. The Thruway is closed westbound at the Le Roy exit and eastbound at the Batavia exit.

UPDATE 3:13 p.m.: Now the eastbound Thruway is closed at the Pembroke exit. The continuing standoff has resulted in heavy traffic congestion on Route 98 (Oak Street) in Batavia. The subject is reportedly armed.

UPDATE 5:49 p.m.: Jim Burns, reporting for us with a position that has a good view of the scene, says the subject is in custody. We have no information yet on when the Thruway might reopen.

UPDATE 6:26 p.m.: The Thruway has been reopened in both directions.

Madalyn R. Muntz, 32, of Evans Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, and unlawful possession of marijuana. While conducting an investigation on Liberty Street, members of the Local Drug Task Force located Muntz. She was taken into custody on a City Court warrant and at the time of her arrest allegedly found in possession of cocaine, a needle, drug paraphernalia, and a device for smoking marijuana. She was also arrested by Batavia PD on the warrant alleged failure to meet requirements of sentencing on a prior conviction. Muntz was released after posting bail.

Jonathan Edward Stanton, 35, of Vine Street, Batavia, is charged petit larceny, criminal use of drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, and unlawful possession of marijuana. Police received a report of a suspicious male at the Rite Aid on West Main Street, Batavia. Upon investigation, Deputy Ryan DeLong and Deputy Brad Mazur determined Stanton allegedly stole $119.97 in merchandise from the store and was in possession of drug paraphernalia, a needle and marijuana.

Daniel E. Gubnitsky, 23, of Sheron Road, Greece, and Jennifer A. Schreiber, 18, of Batavia Stafford Townline Road, Batavia, are charged with unlawful possession of marijuana. Gubnitsky and Schreiber were charged after police were called to investigate a suspicious vehicle parked at the VFW Hall at 25 Edwards St., Batavia, at 9:22 a.m. Thursday. 

Joseph M. Tornabene, 26, of Dellinger Avenue, Batavia, is charged with harassment, 2nd. Tornabene allegedly struck another person in the face during an argument reported at 2:30 p.m. Friday at a location on Dellinger Avenue, Batavia. Tornabene left the scene. The victim signed a complaint and Tornabene later turned himself in at Batavia PD headquarters. 

Cale Daniel Rice, 41, of Drake Street Road, Elba, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding and failure to notify DMV of a change of address. Rice was stopped at 1:06 a.m. Saturday on Route 98 in Elba by Deputy Eric Meyer.

Shamique D. Hubbard, 28, of Hamlet, North Carolina, is charged with DWI, driving while impaired by drugs, and unlawful possession of marijuana. Hubbard was stopped at 10:51 p.m. Sunday in the Town of Batavia by State Police.

Matthew J. Gaudio, 29, of Rochester, is charged with unlawful possession of marijuana and aggravated unlicensed operation. Gaudio was stopped by State Police in Darien at 10:14 a.m. Thursday. Following arraignment, Gaudio was ordered held on bail.

Ervin Finkley, 50, of Rochester, is charged with grand larceny, 4th, criminal possession of a controlled substance, 7th, and fleeing from an officer in a motor vehicle. Desiree Ghee, 31, is charged with criminal possession of stolen property. Norman C. Ghee, 53, of Rochester, is charged with grand larceny, 4th. The trio was arrested by State Police in connection with an incident reported at 1:27 p.m. Thursday in the City of Batavia. All three were ordered held on bail. No further details released.

A vehicle reportedly struck a tree and rolled over in the area of 1677 Main Road, East Pembroke.

There is heavy damage to the vehicle, according to a first responder, but the occupant is reported out and walking around.

East Pembroke fire and Mercy EMS responding.

The #3 seed in Class A2, the Batavia Blue Devils, was up Saturday in a Section V playoff game played in Batavia, by the #6 seed, Honeoye Falls-Lima, 48-41.

While Batavia jumped out to a 17-7 first quarter lead, behind the hot hand of Tee Sean Ayala, who scored 13 of his 20 points in the first eight minutes, HFL seemed to have figured out how to slow Ayala down. HFL held Ayala to seven points the rest of the way.

Worse, the Blue Devils didn't score at all in the second quarter and were held to 10 points in the fourth quarter -- a quarter in which HFL seemed to find it impossible to miss a shot, scoring 17 points.

Naz Pratt scored nine points for the Blue Devils and Antwan Odom scored six.

Top scorer for HFL was Garret Ruff with 13.

The Paolo Busti Cultural Foundation is doing a St. Joseph's Table at Sunny’s Restaurant at 5:30 p.m. on Thursday, March 15. A traditional meatless meal will be served. Profits will go to the foundation's high school senior Scholarship Fund. 

Cost is adults $20, children $5.

Tickets are available at Sunny's Restaurant in the Centre City mall, or from Paolo Busti board members.

According to Buffalo Folklore Etc., the St. Joseph's Table is a ritual meal done by Sicilians and Sicilian-Americans in fulfillment of a promise made to St. Joseph for his assistance in a time of family or personal crises. The Table is held on or as close to his feast day of March 19th as possible.

It is a very compelling and complex celebration with meaning for the people as a whole and even more specific meaning for the particular group or family celebrating the day.

The Table includes the altar with an image of Saint Joseph, flowers, candles, fruit and bread as well as the special meal of meatless dishes served at what is traditionally an open house at the home of the person/family giving the Table. The St. Joseph's Table tradition was brought to the United States by the late 19th and early 20th century Sicilian immigrants into Louisiana, Texas, California, Colorado and New York.

For more information about St. Joseph's Table, click here.

In 1992, the executive committee of the Paolo Busti Cultural Foundation published a 240-page book titled "The Legacy of Italian-Americans in Genesee County New York" (Heart of Lakes Publishing). Common terms, names and phrases are searchable online here, plus you can read this Google Book and download its contents (directions on how to do so are online), which publishers provide via Google's Library Project.

Agreeing with the prosecution that Shawn M. Twardowski, 35, formerly of Bank Street, Batavia, is a threat to society, Judge Charles Zambito sentenced him to two-and-a-half to five years in prison.

Zambito expressed the hope that while in prison, Twardowski will take advantage of programs available to him to help him with his mental health issues and substance abuse problems.

"Until you address those issues, you need to be removed from society," Zambito said.

A year ago, Twardowski was arrested for strangling and punching a beagle, attacking a woman at that location, stealing and attempting to disable her mobile phone and then, upon police arrival, barricading himself in a bedroom. 

He previously pled guilty to a burglary charge after first undergoing a psychiatric evaluation.

Zambito expressed dismay that Twardowski thought it appropriate to attack the beagle and the woman merely because the woman allowed the dog to lick a bowl.

The judge said Twardowski's record goes back to 2005 and is filled with charges related to violence, resisting arrest and violating court orders.

His attorney, Michael Locicero, said he wasn't not making excuses for his client's behavior but offered up as mitigating circumstances for his behavior, years of untreated mental health issues, his substance abuse, and a recent diagnosis of Huntington's Disease.

Twardowski told Zambito he didn't wish to make a statement in court.

The sentence was the middle range between the minimum available to Zambito and the maximum possible sentence in the case.

If parents notice an increased police presence at Batavia City Schools, it's not in response to any specific threat, Superintendent Chris Dailey said today in a letter sent home with students after school.

"This is meant to be a positive and proactive step as our police department continues to look for ways to engage with our students in prevention and support," Dailey wrote.

The letter addresses heightened concern in the community about school safety after last week's shooting at Marjory Stoneman Douglas High School in Florida and reports of a student last week who officials believed made verbal threats at the BOCES campus.

The letter may be in response to numerous social media posts asking questions about more police officers on and around local campuses and unconfirmed rumors of threats made on social media specific to local schools.

"Our country is recovering from the tragedy in Parkland, Florida," Daily wrote. "It is only natural to have questions about the safety and security of our students and staff in BCSD.

"There are stories from time to time of students potentially threatening to do violent acts at our schools," Dailey continued. "We, along with the Batavia City Police Department, always look into any allegations of this sort and have found no credible threats against our district."

Dailey said the district is actively involved in emergency response and planning with local law enforcement.

The events in Florida, he said, provide an opportunity to review procedures and plans and make adjustments as necessary.

To read the full letter, click here.

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Submitted photo: Matt Landers, president of Batavia Kiwanis, with a dessert tray commemorating the club's 95 anniversary.

Press release:

Today, the Kiwanis Club of Batavia celebrated its 95th Anniversary. The club’s rich history of performing community service projects for the children of the Batavia community has left its mark in a variety of ways.

The club received its charter from Kiwanis International on Feb. 22, 1923, with 56 original members, including the former Batavia Mayor, Ashton W. Caney, and many other community businessmen and professionals.

The mission of Kiwanis is to serve the children of the world, and as one of their first projects, the Kiwanis Club of Batavia started a fresh air program where they sponsored bringing children from the cities into the country for a week. The club began recognizing the top 10 students from Batavia and Notre Dame High Schools in 1944 and continues to do so today.

The club’s largest project during their first half-century included raising over $42,000 to assist in building the city pool at MacArthur Park, which was dedicated in 1962. Following the pool project, the club sponsored the development of Kiwanis Park in the Town of Batavia. The park was dedicated in 1977, and most recently the club helped to convert the park to one that offers specialized equipment for children with developmental disabilities.

During the second half-century of the club’s existence, a most significant impact was realized through the Bidding on a Brighter Future Gala event that raised a combined total of nearly $200,000 over five years to assist the Justice for Children Advocacy Center in securing a permanent home. These funds are presently being utilized to renovate a building that will meet the service needs related to assisting children who have been physically or sexually abused.

Other projects started by the Kiwanis Club include a Soap Box Derby, an ice carnival, Farm City Days, a ski tow in Attica, and the Golden Olympics for seniors.

The club continues to work tirelessly for the community in a variety of ways. Monies raised through their Pancake Day, Spaghetti Dinner and 5K for Autism Awareness are distributed to local children-centric organizations. Money from those projects also funds several annual community events: Easter Egg Hunt, Thanksgiving Morning Skate, Holiday Tote Project and AMBA Blood Analysis. The club supports Meals on Wheels by delivering meals on a weekly basis, as it has done for nearly 20 years.

Most recently in partnership with Genesee County, club members volunteered to maintain the outdoor ice rink at DeWitt Recreation Area on Friday nights so the community would have the opportunity to skate under the lights on a weekly basis. The club also partners with the Genesee County Bar Association to recognize outstanding law enforcement professionals from the Batavia Police Department, Genesee County Sheriff’s Department, State Police Troop A and the Le Roy Police Department at their Annual Law Day Dinner.

The Kiwanis Club of Batavia currently has 43 members and is proud of the long-term membership of Kiwanis Past Lieutenant Governor Richard Rung since 1973, as well as that of local Past President Donald Lewis since 1965.

       Ann Capuano

A 32-year-old Montclair Avenue resident had a litany of excuses this morning for Judge Charles Zambito for why she missed drug treatment appointments, including transportation issues, before breaking down in tears.

Zambito sentenced Ann Marie Capuano to shock probation, which means six months in jail followed by five years on probation.

In June, Capuano agreed to a guilty plea to a Class E felony of attempted burglary.

Three months earlier she had broken into a State Street Road business and brandished a knife. She then tried to escape on a bicycle.

Later, she admitted to being on drugs at the time.

She was released from custody under Supervision of Genesee Justice and was scheduled to participate in drug treatment.

In treatment, she was accused of stealing medication from another patient.

Zambito told Capuano this was her last chance and the next step would be state prison.

Via our news partner, WBTA.

During a budget workshop Wednesday night, the occasionally controversial Batavia Development Corp. received across the board support from members of the City Council.

Up for discussion was the $110,000 the city provides to the BDC to fund its operations, including paying the salary of Economic Development Coordinator Julie Pacatte.

Councilman Al McGinnis opened the discussion suggesting that while it might be OK to fund BDC this year, he would like the funding reviewed next year.

By the end of the meeting, however, McGinnis backed off that request because he learned funding for BDC comes from the video slot machine proceeds paid to the city by Batavia Downs.

"As long as it's the VLT money, that's fine," McGinnis said after the meeting.

He said he doesn't have a problem with the BDC and likes the work Pacatte and the board of directors are doing. He would just like to see a more detailed, nuanced regular report from the BDC on its projects.

At that point, Councilwoman Kathy Briggs jumped in and said the BDC regularly emails council members about its projects.

As for residents who are sometimes critical of the BDC, she thinks more of them are excited to see what's coming, and once the two in-progress breweries open up, that will help validate the work of the BDC in the eyes of a lot of people.

"Once they start seeing something, they’re going to get excited," Briggs said. "They’ve been hearing it for so long and they ask when, but when they start seeing a little progress, they’re going to get excited."

Both during the meeting and after, Councilman Paul Viele said the money the City is providing the BDC is money that is being well spent.

"For the $110,000 that we’re giving them, we’re getting a bang for our buck," Viele said. "You see what the result is. It’s great for the city. Whatever we can do to help them, let’s move forward."

During the meeting, Councilwoman Rose Mary Christian questioned why BDC's budget was $125,000 last year. Interim City Manager Matt Worth explained that $15,000 was added to the budget because of some anticipated environmental remediation. It turned out that work wasn't necessary, the money wasn't spent and it was moved back into the general fund.

Worth also provided a short history of the BDC, which dates back a couple of decades. At one time, Ed Flynn, now a consultant working on the Downtown Revitalization Initiative for the state, worked for the city handling economic development. The BDC received federal funds to establish a revolving loan fund. After Flynn's position was eliminated, the BDC board and the loan fund remained but with nobody to administer it. That led to some problems with collections on the loans. A coordinator's position was created both to help with the administration of BDC functions, but also to pursue economic development opportunities.

Since then, during Pacatte's tenure: several new market-rate apartments have been added to the downtown residential stock; the Carr's Warehouse has been converted into a mixed-use complex; a developer has been secured for the former Della Penna property and the Santy's Tires property; and soon the J.J. Newberry building will become the Eli Fish Brewing Company with the FreshLab restaurant incubator as part of the project.

Councilman Adam Tabelski expressed concern that talk of defunding the BDC could hamper the BDC's relationship with developers and other development partners, creating uncertainty about the BDC's continued operation.

"It perplexes me that this matter is even coming up as a topic," Tabelski said.

Christian asked about the BDC's contribution to the city winning the region's Downtown Revitalization Inititiviative contest, with its $10 million prize for economic development, and Council President Eugene Jankowski said that Pacatte assisted in the application process plus the fact that the city has the BDC, as well as the Batavia Business Improvement District, gave the city more points to help in its winning score.

The budget workshop started off with a discussion about funding a part-time staff position at the youth bureau. In the past, the position was filled by a member of AmeriCorps but the Federal government has eliminated AmeriCorps.  

The County's Youth Bureau Director Jocelyn Sikorski, who operates the city's youth bureau program as part of a shared services agreement, said the job is critical to the operation of the youth bureau. 

After a discussion about the importance of the programs the youth bureau provides to give children in the city, especially children from poorer homes, constructive activities and meals, the council voted to fund the position.

"We pay now or we pay later," McGinnis said. "And if we pay later, we pay dearly."

The council also addressed the topic of a spray park on the south side of the city. On Christian's request, with council support, Worth said staff will work up a report on the cost of the smallest possible spray park in Farrall Park, just to give council members of an idea of what it might cost, not that the spray park will be located there or be a park like the one in the report.

In today's dollars, the Austin Park spray park would cost $500,000.

Tabelski said Albion is building a small spray park for a couple hundred thousand dollars.

The current spray park uses about six million gallons of water each summer. To picture that much water, he said, imagine filling and emptying the water tower over by the VA Center four times.

The city buys that water at a wholesale price.

JW Hardy III told Judge Charles Zambito today that the only reason he entered a guilty plea in the brutal and nearly fatal assault by a group of men against a lone victim on East Main Street in Batavia in July is that he thought it was the best way to minimize any potential prison term.

Zambito sentenced Hardy to 10 years in prison, the maximum sentence under terms of the plea deal.

"I took this plea to get home quickly to my family," Hardy said. "I'm sorry for what happened to the victim but I didn't do it. I'm innocent."

Zambito said there was a witness who identified Hardy, who didn't deny being at the scene, as one of the attackers. 

He then explained that even being an accomplice, if not an actual attacker, exposes Hardy to the same criminal liability as if he was sufficiently involved.

"I have to recognize the magnitude of your involvement in a brutal assault that almost killed a man," Zambito said.

District Attorney Lawrance Friedman offered a brief description of the scene first responders found when they arrived. The victim was bloody from multiple stab wounds, including one that severed and exposed his bicep. He noted that one of the responding police officers -- Arick Perkins -- received community recognition for his quick action in applying a tourniquet that saved the victim's life. 

"If not for his actions, this, of course, would be a murder case," Friedman said.

Because there were multiple people involved in the assault, Hardy was charged with, and admitted to, a gang assault felony.

Defense Attorney Marty Anderson said that Hardy is a good father to three children, ages 2, 3, and 4. He has been a good father, he said, even though he is the paternal father to only two of the three being raised by their mother.

He also noted that while Hardy had a prior gang assault charge, that was 15 years ago and the charge was reduced to a misdemeanor. The other blemish on Hardy's criminal record is one that was granted youthful offender status.

Even though police believe multiple people joined Hardy in the attack on the victim, there has only been enough evidence so far to charge Hardy and Anthony Spencer, 26. Spencer's case is still pending and he appears ready to take his case to trial.

There were at least four people in the courtroom in support of Hardy, who was not in custody prior to his sentencing. As he was led away by deputies, Hardy, a big but soft-spoken man, waved to them and said, "I will be all right."

       Steven Vega

A 25-year-old Rochester man was sentenced in Genesee County Court today to three to six years in state prison for robbing the Bank of America branch in Batavia in July.

That was the max sentence available to Judge Charles Zambito under a plea agreement for Steven R. Vega. Without the plea agreement, Vega could have been sentenced to three-and-a-half to seven years.

The 25-year-old Vega was a bit tongue-tied when given a chance to speak before he was sentenced, admitting he had made a lot of mistakes in his young life.

"I recognize my mistakes," Vega said. "I accept what happens in my life is what happens. I don't know what else to say. I accept full responsibility."

Vega entered a guilty plea in County Court to robbery in the third degree on Dec. 13.

Vega is already serving a two- to four-year term on another charge and is facing additional prison time for charges in Monroe County.

"He is still a very young man at 25 years old," said his public defender, Lisa Kroemer. "It is obvious he has not gotten off to a particularly good start in life. Drugs seem to be fueling his deviance."

She suggested a shorter sentence given his young age and the prison term he is already serving, and likely to serve on the Monroe County charges, to give him a better chance at turning his life around.

District Attorney Lawrence Friedman argued that given the record he's already amassed and the seriousness of the crime, Vega was already given a substantial break with his plea deal. Zambito said he agreed with that assessment.

Press release:

Independent Living of the Genesee Region (ILGR) has long worked to assist residents of Genesee, Orleans and Wyoming counties (GOW) who are dealing with homelessness, through the Homeless Alliance of Western New York (HAWNY). ILGR is pleased to announce that Dai Nguyen has joined their staff in the position of HAWNY Program Specialist.

For those who might be unaware of them, Nguyen is inviting representatives of human service or government agencies that are likely to encounter clients who are homeless, at risk of homelessness, or have problems securing housing, to an ongoing series of GOW Continuum of Care meetings.

These will be held on the third Thursday of every other month, from 10 to 11 a.m., beginning March 15^th.  Under HAWNY sponsorship, they take place at the Main Office of ILGR, 113 Main St. at Center Street, Suite 5, in Batavia.

While the gatherings are primarily open discussions on the needs of the homeless, likely topics include updates on:

• The U.S. Department of Housing and Urban Development (HUD)'s Continuum of Care (CoC), a program designed to promote community-wide commitment to the goal of ending homelessness;
• The Homeless Management Information System (HMIS), a database that keeps track of homeless people;
• Rapid Rehousing, HUD's model for alleviating homelessness;
• Grant applications;
• Housing updates in GOW;
• Plus new events and services. 

In addition, attendees can get assistance with HMIS training, HUD procedures, and the multifaceted, non-for-profit PathStone's programs, so that their clients can access these services as soon as possible.

The third Thursday dates set for 2018 are: March 15^th, May 17^th, July 19^th, Sept. 20^th, and Nov. 15^th.

While encouraged, registering in advance is NOT required to attend. To RSVP or ask questions on the event, please call Dai Nguyen, at (585) 815-8501, ext. 417. 

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.