batavia

Jeremy S. Yantz, 34, of South Gravel Road, Medina, is charged with criminal sale of a controlled substance, 3rd. Yantz is accused of selling cocaine to an undercover agent with the Local Drug Task Force sometime during the past 18 months. Yantz was arrested while in custody at the Orleans County Jail. He was arraigned in Elba Town Court and jailed on $3,000 bail. Yantz was arrested April 1 on a warrant out of Orleans County and he was also allegedly found in possession of an amphetamine and a central nervous system depressant. He was charged today with criminal possession of a controlled substance, 7th, as a result.

Cheryl A. Smith, 47, of Pratt Road, Batavia, is charged with criminal sale of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, criminal possession of a controlled substance, 3rd, and criminal possession of a controlled substance, 5th. Members of the Local Drug Task Force report that on Monday, agents intercepted a drug-sale transaction involving multiple types of prescription pills in multiple quantities in the parking lot of a business on Lewiston Road. It's alleged that Smith was making the sale. The pills and an amount of cash were recovered at the scene. Smith was jailed on $5,000 bail.

Robert A. Morrison, 57, of Watson Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, two counts of criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, criminal possession of a controlled substance, 5th, and criminal possession of a controlled substance, 7th. Morrison is accused of selling heroin and flurazepam to an agent of the Local Drug Task Force within the past six months. When task force members went to his residence with parole officers to arrest him on a warrant, he was allegedly found in possession of cocaine. Morrison was held in jail without bail on an alleged parole violation.

Alpina Foods today informed 32 employees that their services will no longer be needed.

Each employee received a letter that blamed the layoffs on the cancellation of a contract by a "principle customer" on Oct. 10.

The letter informs employees they are being terminated effective Oct. 19 and tells them they will receive all earned wages and benefits and will be eligible through the Department of Labor for benefits, job training and job search assistance.

The Batavian received a copy of the termination letter from a source and requested confirmation of the layoffs from Alpina.

The following response was attributed to Gustavo Badino, U.S. general manager for Alpina Foods:

Alpina Foods confirms that the company will be reducing the workforce at its Western New York yogurt plant in October, in response to the early termination of one of our principle contracts.

Alpina Foods remains committed to Batavia and Western New York and views this current workforce reduction as a temporary but necessary approach to address mediate business challenges facing the company in the short term.

It's been less than 10 days since new protocols related to Ebola were put in place at United Memorial Medical Center, but emergency room staff have already passed one key preparedness test.

In an unannounced drill, a man showed up claiming a fever and suffering from weakness and a headache, a staff member asked a newly implemented set of questions that included whether he had traveled recently from Western Africa.

He uttered, "yes," and within 60 seconds he was in an infectious disease isolation room.

"I was very encouraged by the outcome," said Dan Ireland, president of UMMC. "Any time we do an exercise, do a drill, we like to hear the positive feedback that things are working as they should be."

Following CDC guidelines, UMMC, the whole county's health and emergency response leadership, really, have been implementing Ebola protocols, even if it seems like a far-off, distant problem that may never reach Genesee County.

"We do a lot of things based on a long shot," Ireland said. "We prepare for the rare circumstances because those are the ones that can be really significant. Hopefully, it never happens, but we want to be prepared. I was here during the SARS era. We never had a SARS case in this facility, even while it was in Toronto, but we were ready. We have to be ready for those things or you're not doing the public the service that they need."

Ebola is a virus transmitted among mammals through contact with bodily fluid. Symptoms start with fever, sore throat, muscle pain and headaches, much like the flu. Death occurs in about 50 percent of the patients who contract it.  

The first known outbreak was in 1976 in South Sudan and there have been periodic outbreaks since. The latest outbreak started in March and currently about 10,000 people are believed to have the disease. But some scientists believe exponential growth (the number of people with the disease during an outbreak doubles about every 20 days) could mean as many as 500,000 in West Africa could be ill from Ebola (perhaps more than a million, if there is under reporting).

There is currently no Ebola-specific treatment or vaccine, though scientists are fast-tracking research.  

That's way isolation and quarantine are essential to controlling the disease.

Ireland said hospital officials are continuously communicating with staff about Ebola and CDC-recommended protocols.

It's a rapidly evolving situation, Ireland said, and directives and procedures sometimes change with little notice.

For example, today's identification protocol involves questions about travel. If the outbreak grows, that protocol could change.

"It could be very different story for you tomorrow," Ireland said. "That's health care and that's medicine. As new information comes out, health care evolves."

To help with the communication process, so essential to control of the disease should it ever reach Genesee County, the hospital hosted a meeting today of officials from UMMC, Genesee County Emergency Services and the County Health Department.

The word on how to deal with Ebola needs to get out to doctors and nurses throughout the local health community, including health workers at clinics and on ambulances, both paid and volunteer, as well as local law enforcement and fire chiefs.

Anybody who might come into first contact with an Ebola patient needs to know how to respond to the situation, since isolation and quarantine are so critical its control.

Tim Yaeger, emergency management coordinator for the county, said communication is already starting with the agencies his department deals with, and Ebola will be on the agenda of upcoming fire chief and fire service meetings.

"Our job is to maintain awareness and communication," Yaeger said. "We discuss it with our 9-1-1 center, emergency responders and law enforcement officers need to be aware and not make assumptions about how to protect themselves from people who might be infected. The common theme every day is that we're getting new information regarding Ebola and we need to coordinate that with emergency responders."

The county health department hasn't fielded any calls from concerned citizens about Ebola (there's been more calls about enterovirus, which has been reported in Rochester and Buffalo, but not Genesee County), but that doesn't mean county health officials aren't staying on top of the latest information, said Director Paul Pettit. 

The first person to contract Ebola in the U.S. is a Dallas nurse. She appears have been infected while treating a Dallas resident who contracted the disease in Africa.

Another health care worker in Spain contracted the disease after caring for a patient in that country.

In the case in Spain, it's been determined that the health care worker likely did not follow proper protocol for removing protective gear.

It's still speculation, but that may also have been the situation in Dallas.

Typically, health care workers are covered from head to toe in protective garb while interacting with Ebola patients (only those who have actually become sick can transmit the disease).  

The probable cause of health care workers in Spain and Dallas getting sick certainly has local nurses paying close attention to the proper procedures, said Mary Beth Bowen, vice president of nursing for UMMC.

There's even a place for chocolate syrup in the training.  

You see, if there's chocolate syrup on your protective gear and then you take it off and find chocolate syrup on your skin, you've done something wrong.

One reason Ireland wanted to talk about this issue, and bring these local experts together, is that he doesn't want anybody in the community to panic about Ebola.

He's concerned there's a lot of hysteria and misinformation in the media about the disease, and if panic sets in, it may lead to somebody avoiding medical treatment for other conditions, a decision that could be even more dangerous.   

If people understand more about the disease and what the hospital is doing to minimize any risk of transmission, he hopes it will eliminate any such panic in the community.

"We want to avoid any misinformation in the community," Ireland said. "We are doing everything by what the CDC advises."

Photo: Gathered at an office in UMMC to discuss Ebola are Tim Yaeger and Jim Bouton, Office of Emergency Management, Mary Beth Bown, VP of nursing, Paul Pettit, county director of health, and Dan Ireland, president of UMMC.

On the Web:

• The CDC's Ebola Web site.
• Genesee County Health Department
• Emergency Management Services
• UMMC

Christine M. Wyder, 47, of East Main Street, Batavia, is charged with petit larceny. Employees of 7-Eleven, 505 E. Main St., Batavia, allege that Wyder stole a coffee mug and coffee. They also claim she ordered a slice of pizza and taquitos and then was unable to pay for the food items and told staff to call police. Wyder then allegedly refused to pay for the coffee and left the store, leaving her shoes behind.

Daniel T. Gannon, 53, of Liberty Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court. He posted $60 cash bail and was released.

Ballard Polk Maye, 28, of East Main Street, Batavia, was arrested on warrants for alleged failure to appear on a ticket for aggravated unlicensed operation, 3rd, and overnight parking in the city. Maye was observed by officer James DeFreze exiting his residence and getting in a vehicle and leaving. The vehicle was stopped and Maye was arrested without incident. He was released on $500 bail on the AUO, 3rd, charge and $100 on the parking ticket.

William J. Mellema, 50, of Almay Road, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, unlicensed operation of a motor vehicle and speeding (70 in a 55 mph zone). Mellema was stopped at 3:36 p.m. Saturday on Route 98, Elba, by deputy Joseph Loftus.

Cory B. Buckenmeyer, 24, of Alexander, is charged with falsely reporting an incident, 3rd. Buckenmeyer was arrested by State Police. No further details released.

Joseph R. Myers, 25, of Rochester, is charged with petit larceny. Myers is accused of stealing from a location on Veterans Memorial Drive.

Coretta M. Pitts, 46, of Batavia, is charged with criminal possession of a controlled substance, 7th, and acting in a manner injurious to a child less than 17 years old. Pitts was arrested by State Police related to an incident reported at 10:55 a.m. Saturday on West Main Street, Batavia. No further details released.

Press release:

A water valve will be replaced on Elm Street Wednesday, Oct. 15. This requires an interruption of water service while the work is completed. It is expected that water service will be shut off in the late morning and it will remain off for a few hours so the valve can be replaced.

The work may result in a temporary discoloration of water and low or no water pressure, in the surrounding area as well, until the work us completed.

A two-car accident is reported at State Street and Hutchins Place, Batavia.

There are no injuries, but extrication is needed.

City fire responding.

It's been nearly two years since Delavan's Restaurant and Tavern, 107 Evans St., closed, and the building and restaurant have been for sale that entire time.

Fans of the restaurant have held out hope that Bill and Patti Cultrara would reopen the popular restaurant, an auction sign now in front the the building is a pretty strong indication that's not going to happen.

Eric James Flowers, 27, of Seven Springs Road, Batavia, is charged with aggrevated unlicensed operation of a motor vehicle, 2nd, reckless driving, trespass, speeding in a 55 MPH zone, trespass, and moving from lane unsafely. On Oct. 12 at about 5:50 p.m., Flowers was allegedly observed driving a white pickup truck at a high rate of speed. He allegedly changed lanes unsafely and turned into a residence on Judge Road in Alabama, almost striking a child in the driveway. He then allegedly jumped out of the truck and ran into a field behind the residence, hiding there until being located by the resident. Next, he allegedly ran further into the field before being taken into custody by Sheriff's deputies and booked on the listed charges. The incident was investigated by deputy Joseph Loftus.

Richard D. Ryan, 38, of Lehigh Avenue, Batavia, is charged with attempted petit larceny, trespass, and unlawful possession of marijuana. He was arrested after allegedly being caught going through a tool box in the bed of a pickup truck in a driveway on Ellicott Street. Subsequently, he was allegedly found in possession of marijuana. He was jailed in lieu of $500 bail. The incident was investigated by officer James DeFreze, assisted by officer Nedim Catovic.

Morgan L. Cox Jr., 22, of State Street, Batavia, is charged with menacing, 2nd, and first-degree coercion. He was arrested following an incident where he allegedly threatened someone with a knife. He was jailed in lieu of $2,500 bail.

Russell R. Miles, 46, of South Main Street, Batavia, is charged with criminal contempt, 1st. He was arrested on Oct. 10 after allegedly arriving at the residence of a person protected by a temporary stay away order issued the same day. The court order set specific times for him, with a police escort, to retrieve his property. He was allegedly at the residence after the court-ordered times and without a police escort in violation of the court order. Thus he was arrested and jailed without bail. The incident was investigated by officer Jamie Givens, assisted by officer James DeFreze.

Alicia May Lyons, 34, of State Street, Batavia, is charged with trespass. She was arrested Saturday afternoon on Bank Street after allegedly being told repeatedly to leave the property, leaving, then returning. She is to appear in court on Oct. 28. The incident was investigated by officer Nedim Catovic.

John Bruce Pritchard, 36, of South Main Street, Warsaw, is charged with petit larceny. He was allegedly observed stealing merchandise valued at $84.68 from Walmart on Oct. 12. He was issued at appearance ticket and is scheduled to appear in Batavia Town Court at a later date. The incident was investigated by Sheriff's deputy Chad Minuto.

Rebecca E. Mulholland, 23, of Lake Street, Le Roy, was arrested Oct. 1 on a bench warrant in Le Roy and transported to Batavia PD headquarters. A judge then released her on her own recognizance pending her next court appearance. The incident was investigated by officer Peter Flanagan.

At least 10 cars were broken into overnight and had items stolen, according to radio transmissions.

Some of the cars -- if not all -- were forced break-ins, rather than the usual opportunistic unlocked vehicle break-ins.

The location of the cars are both within and without city limits, largely in a line from East Pembroke to the city.

Law enforcement officers with both Batavia PD and the Sheriff's Office are taking reports and calls seem to still be coming in.

UPDATE 3 p.m.: We spoke with Sgt. Eric Bolles, Batavia PD. Overnight, two cars on Ellicott Avenue had items stolen from inside the vehicles. Neither car was locked. Since Oct. 4, there have been 12 car break-ins in the city. All but three of them had items stolen. All were unlocked.

We spoke with Deputy Chris Parker who said the Sheriff's Office has taken 11 reports so far on car break ins with items stolen.  There are three reports pending. At least 10 residents have reported car break-ins with only spare change or nothing taken, and the residents did not wish to file a report. The line of break-ins extends along Pearl Street Road and includes side roads such as Wortendyke, Read and Hartshorn. One vehicle had more than $1,000 in cash stolen. Another car had credit cards stolen. Both of those crimes are grand larcenies. While some of the radio transmissions reported cars being locked, Parker said so far there is no evidence of forced entry on any of the vehicles. One report of a locked car is still pending.

UPDATE 6 p.m.: The Sheriff's Office has put out a statement saying that over the past couple of weeks deputies and investigators have been dispatched to a large number of larcenies from vehicles in the East Pembroke area.  The broken-record request from officials, "lock up your vehicles."

Photos: Investigator Kris Kautz found a good set of fingerprints on a picuup truck on Pearl Street Road.

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Press release:

The New York Office of the Attorney General has awarded the Batavia Police Department with grant funds from the Community Overdose Prevention Program enabling select first responders from both the fire and police department to receive naloxone kits and training for administering the life-saving medication.

Also known as Narcan, naloxone is a medication administered by nasal spray to an individual who has overdosed on opioids (synthetic substances that mimic the narcotic effect of opium, from which heroin is derived). Naloxone works by temporarily reversing the effects of the opioid, whether illicit or prescription, allowing the individual to regain consciousness and resume normal breathing.

The kits cost approximately $60 each, and Batavia has received a grant of $720 to purchase kits for 12 first responders.

In addition, the Community Overdose Prevention Program has dedicated $5 million in funds seized as crime proceeds from joint federal and state criminal investigations to fund the purchase of a naloxone kit for every sworn officer in the state that might encounter an acute opioid overdose in the line of duty.

While City of Batavia first responders have received the commitment from the Attorney General’s Office, the kits still need to be ordered and training needs to take place. Each kit consists of a zip bag or pouch containing: two vials of naloxone; two mucosal atomization devices for nasal administration; one pair of latex gloves; and a booklet on the use of naloxone.

Training on the use of the naloxone will be conducted by the City of Batavia Fire Department.

“We are fortunate to have had a number of individuals trained to both administer naloxone and train others to administer the drug,” said City of Batavia Fire Chief Jim Maxwell. “We are thrilled to be partnering with the Batavia police to offer a service that has already seen more than 1,000 successful overdose reversals in New York State.”

According to the federal Centers for Disease Control and Prevention, someone dies every 19 minutes from a drug overdose, and nearly three out of four prescription drug overdoses are caused by prescription painkillers. When prescription medication is no longer available, individuals often turn to illicit drugs, such as heroin.

“While we are certainly not seeing the use of heroin at the epidemic proportions of many communities, heroin and other opioids are here in Batavia,” said City of Batavia Police Chief Shawn Heubusch. “A key deterrent to opioid use, as with all drugs, is education and relentless attention.

“It’s difficult to keep up with trends among teens,” adds Heubusch, “but the ever-expanding choices among the synthetic drug market are something parents must pay attention to.”

According to Heubusch, one of the current top choices among teens is the drug "Cloud 9," an opioid that can be purchased over the Internet and looks just like an over-the-counter bottle of eye drops.

Batavia High School Principal Scott Wilson supports Chief Heubusch’s assessment of the strong need to educate the public on the constantly changing drug trends and ways to maintain vigilance. Wilson is holding a community roundtable designed to educate the community and provide information about the many resources available for both prevention and rehabilitation. The roundtable event, entitled “Community Awareness: Vaporizers, E-cigarettes and Their Use,” will take place at 6 p.m. on Oct. 15 in the Batavia High School Library.

“From a school administrator’s position, we cannot bury our heads in the sand and claim to be diligent about monitoring our kids’ activities and behaviors,” says Wilson, emphasizing that the school district wants to make sure all community members are armed with the most updated and accurate information available.

“I’ve had well-meaning parents share with me that they’ve purchased a vaporizer for their child, because they believe it’s safer than cigarettes,” Wilson said. “What parents don’t know is that the synthetic drugs that go into these vaporizers are very different. These drugs are not regulated and users face sometimes dire, unintended consequences.”

The Genesee/Orleans Council on Alcoholism and Substance Abuse (GCASA) will bring samples of legally purchased -- but uncontrolled -- opioids to the roundtable and review the most effective preventative measures. The Batavia Police, Genesee County Sheriff and City of Batavia Fire Department will also be on hand to share information and answer questions.

“We’ve seen an increase in opiate addictions in both Genesee and Orleans counties; Providing our City police and fire professionals with the naloxone kits will save lives," said Pamela LaGrou, GCASA Communications/Development director, who has seen giant steps taken to respond to this increase all over the state.

LaGrou also places a strong emphasis on education: “heroin and other opioid drugs are easy accessible, relatively inexpensive and can be highly addictive.” LaGrou recommends the Web site www.combatheroin.ny.gov as one of the best sites available for public education. Links to that site can also be found at GCASA’s Web site at www.gcasa.net.

Karen L. Soccio, 52, of Batavia, is charged with criminal sale of a controlled substance, 5th, and Anthony P. Sgroi, 49, of Warsaw, is charged with criminal possession of a controlled substance, 7th, possession of a controlled substance not in original container and possession of untaxed cigarettes. State Police report that a trooper putting gas in his patrol vehicle observed an individual on Park Road who was handling a small quantity of pills. Upon investigation, the trooper determined the pills were tramadol, a controlled substance. Sgroi was placed in custody and was allegedly found to possess clonazepam, also a controlled substance, and about 1,000 un-stamped cigarettes. With further investigation, Soccio was found to be Sgroi's alleged supplier. Sgroi was jailed on $5,000 bail. No word on Soccio's bail or if she was released.

Lawrence G. Merritt, 52, of Batavia, is charged with petit larceny. Merritt is accused of taking a bicycle that was on display in the store and attempting to exchange the un-purchased bike at the service desk for cash, using a receipt from an earlier bike purchase.

Lawrence Charles Vanocker, 45, of East Street, Gainsville, is charged with petit larceny. Vanocker is accused of stealing $183.87 in merchandise from Walmart.

Another business in Batavia has reported a force-entry burglary, but since the business was closed a few days, the owner can't say whether it happened last night or the same night as four other area businesses were broken into.

Travis Farewell, owner of Sweet Pea's Cupcakery Cafe on Jackson Street, confirmed that a burglar broke open his register and stole cash. He also said the Habitat for Humanity donation box was broken and all of the money in it was stolen.

Det. Todd Crossett confirmed a crime report was taken, but said no other businesses have come forward.

Yesterday, we reported that Salvania's, just a few doors down from Sweet Pea's, was broken into and cash was taken. Three other businesses in the city also showed signs of forced entry, but nothing was reported stolen.

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

A hit-and-run driver damaged a sign at First Niagara Bank at 2:46 p.m., Sept. 26, and Batavia PD is asking for the public's help in identifying the driver.

The car reportedly sped through the ATM lane at the First Niagara branch on Court Street and struck a bank sign and continued without stopping.

The gold Chevrolet Impala likely sustained damage to the driver-side front fender.  

The driver is described as an older female.

If you have information that may assist in the investigation, contact Officer James DeFreze at (585) 345-6350.

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The Batavia Chess Club has attracted 45 members since Kevin Larsen started it about a year ago, but onyl a handful show up any given night of matches, Larson said.

The club meets at the Richmond Memorial Library every Thursday from 6 to 8:30 p.m. and new members are always welcome. They'll even teach you how to play chess if you don't know how.

Larsen (on the right, second photo) funded the game boards and time clocks out of his own pocket. There are  no dues for membership in the club.

For more about the club, visit bataviachess.org.

Previously: Batavia man and library present 'Batavia Community Chess Club'

Samuel G. Malone turned from the defense table after Judge Robert C. Noonan finished with him and smiled.

He looked out into the gallery as he strode from that moment where his entire future hung in the balance and spotted his wife and baby and the smile grew wider.

The convicted burglar will remain a free man, at least as free as a man can be while on four years probation.

In that moment, he heard something few convicted criminals ever hear: Praise from an often stern judge with little patience for defendants who don't keep their promises.

Malone kept his promises. He's stayed clean. He's lived sober. He's kept a job. He's worked hard. He's walked the line as a husband and father.

"I'm truly sorry for what I did," Malone had told Noonan. "I am. I have really turned around my life, 100 percent, in every aspect of it. I'm a hard worker. I work 50 to 60 hours a week. I love my children and I love my wife."

Malone hit the front pages in April 2013 in a rather notorious way.

In December 2012, a grand jury indicted a DNA profile as a "John Doe" because the statute of limitations was about to expire on the crime. Even without a name, based on that unique DNA profile, the suspect for those burglaries of local businesses could still be charged.

Five months later, after Malone had been convicted on an unrelated felony, and a DNA sample was collected, as required by law, Malone was identified as that "John Doe."

In August, 2013, Malone entered a guilty plea to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Rather than sentence Malone to prison in November, Noonan heeded the advice of the probation departments in Alleghany County (where Malone now lives) and Genesee County. Both probation departments reported that Malone was doing well, staying clean and out of trouble, and leading a new life.

So Noonan put Malone on interim probation for six months.

The judge admitted he was pleasantly surprised at how things worked out.

His own handwritten note from Nov. 12, Noonan said, told him that he thought for sure he would be sending Malone to prison today. The note said, Noonan told Malone, that even a perfect performance while on interim probation wouldn't necessarily keep Malone out of state lock up.

"It's amazing, the turn around you've done," Noonan said. "Even the probation department --certainly no push over on recommendations -- says it would be a step backwards for you to give you any incarceration at this time because you're doing so well."

Noonan's decision to put Malone on probation ran counter to the recommendation of District Attorney Lawrence Friedman, who questioned whether a community-based sentence was appropriate given the severity of the charges.

"I've read the recommendations and he's doing in fact apparently well, and he's done everything, other than driving without a license, that he's supposed to do," Friedman said, "but I'm troubled by the number of serious crimes this defendant committed."

Public Defender Jerry Ader acknowledged that Malone was convicted of a series of serious crimes, but also pointed to how well Malone has done both on probation for his original conviction and the interim probation granted by Noonan.

"He's proven himself almost more than any other client I can remember coming through our office," Ader said. "He has turned his life around. He will be an asset to the community, to his family and to his children."

Noonan reminded Malone that if nothing else, for the next four years, the 28-year-old father will have a lengthy prison term awaiting him if he strays from the path of law-abiding citizen.

"You will have 18 years of prison hanging over your head for any violation of the law while on probation," Noonan said. "That should be sufficient incentive to keep you on the straight and narrow, though you seem to have found your own incentive through your work and family."