batavia

Charles Johnson

A convicted rapist slated to spend 18 years in prison has been charged with a new crime: criminal solicitation, 4th.

Charles Daniel Johnson Jr., 29, allegedly tried to convince another person to harm a Genesee County Jail corrections officer.

Sgt. Greg Walker said not a lot of information about the case is available  tonight. 

He said Johnson apparently made no offer of money or other compensation to the person he contacted, but he did try to get another person to hurt a corrections officer.

It's not known at this time how serious of an injury Johnson allegedly wanted to inflict on this officer or why the officer was targeted.

The corrections officer allegedly targeted has not been publicly identified.

Judge Robert C. Noonan sent Johnson to prison for 18 years Jan. 17 for the home-invasion rape of a woman in Le Roy.

Johnson has been incarcerated at the county jail pending the NYS Department of Corrections accepting him into the DOCS system.

To you, it probably just looks like a picture of a vacant lot with a piles of snow at the far end, but to Joseph Barclay Jr. it is -- or was -- a skate park.

Barclay asked on Facebook if The Batavian would look into why the city's skate park off Evans Street, behind the Falleti Ice Arena, disappeared.

Today, City Manager Jason Molino said the skate park had become a problem and it's future is uncertain.

"The park keeps getting vandalized and we were just putting good money after bad," Molino said.

In the fall, when city workers went to remove a couple of damaged ramps, they found drug paraphernalia and hypodermic instruments inside the equipment.

At that point, officials decided to remove the skate park all together. Molino said the city will decide what to do with it in the spring.

Barclay thinks he and his skating friends need a place to roll.

"I know all the BMXers, skateboarders and rollerbladers plan on using the streets again if the park isn't returned to us," Barclay said. "We should have a place where we can do our sports where we won't be in danger. Instead they take it away from us. It makes us use the streets again putting people and kids in danger of getting hit by cars."

Molino said he's aware there are a few users of the park, but Chief of Police Shawn Heubusch is concerned about the location on Evans, Molino said. Tucked behind the ice arena, it's not easily visible to people, which perhaps gives some visitors to the park the idea that it's a good place for illegal activity.

Vandalism in all of the city parks has become an increasing problem, Molino said. Water fountains, bathroom fixtures, tennis courts and nets, ball fields and basketball hoops have been regularly targeted by vandals, Molino said.

"It's a constant problem that we're trying to deal with in our parks," Molino said.

Shane M. Bell

Rather than accept a potential plea offer that could limit his prison term to two years, a 47-year-old Batavia resident would apparently rather take his chances with a Genesee County jury on a felony charge of assault in the second degree.

Shane M. Bell is accused of hitting and seriously injuring a fellow patron of The Harvester outside the bar on Harvester Avenue in August.

Scott Baker, 52, reportedly suffered a serious head injury in the incident.

If convicted by a jury, Noonan could potentially sentence Bell to seven years in prison.

District Attorney Lawrence Friedman said that an offer that would have capped Bell's prison term at four years was rejected, but in doing so defense attorney William Teford ask if Friedman would entertain the idea of a two-year sentence cap.

Friedman said he told Tedford to ask his Bell if he would accept such a plea deal, but never ever actually offered the plea deal.

After court, Friedman said he didn't make the offer because he didn't want to put Baker's family through a discussion about such a plea deal unless there was a chance Bell would accept it.

According to Tedford, Bell said he wouldn't agree to such an offer.

At Bell's pre-trial hearing five months ago, Tedford raised the possibility of a self-defense claim by Bell.

Lauren K. Pellegrino, 32, of West Main Street, Batavia, is charged with abandonment of animal and failure ot provide sustenance for an animal. Officers James Defreze and Chad Richards were dispatched to 129 Jackson St., Batavia, at 6:44 a.m. Jan. 6 to check on the welfare of a reportedly malnourished dog that was found by Pellegrino's landlord. The officers found a boxer/pitbull mix inside the residence. The officers determined the dog was allegedly "extremely malnourished."  Pellegrino allegedly left the dog unattended in the residence while she went on a vacation to Florida. The dog was removed from the residence and is being nursed back to health at the Genesee County Animal Shelter. Pellegrino was issued an appearance ticket on the charges.

Rachel E. Rast, 26, of Barefoot Lane, Caledonia, is charged with harassment, obstructing governmental administration and resisting arrest. Officers Darryle Streeter and Stephen Cromiller responded to a report of a disturbance at Batavia Gardens at 1:13 p.m. Rast allegedly resisted arrest and in the process struck an officer in the head.

Kristopher J. Staats, 23, of Montclair Avenue, Batavia, is charged with petit larceny. Staats allegedly stole $64.95 cents worth of steaks from Settler's Restaurant while employed by the restaurant.

Marc David Unger, 31, of East Main Street, Corfu, was arrested on a warrant for alleged violation of probation.

Brooke Lyn Blaszak, 22, of Summit Street, Batavia, is charged with grand larcney, 4th. Blaszak allegedly stole $1,400 worth of property from an acquaintance. Blaszak was jailed on $1,000 bail

Once again, local law enforcement is reminding people to lock up their cars, because unlocked vehicles seem to act as an invitation to thieves to help themselves to whatever they find inside.

From Jan. 13 through Jan. 20, Batavia PD received reports of items stolen from 12 unlocked vehicles at various locations throughout the city.

The thief or thieves took cash, change, purses, wallets, GPS units and other electronic items.

The larcenies were reported on South Main Street, Pearl Street, Franklin Street, Brooklyn Avenue, Meadowcrest Drive, Trumbull Parkway, Elm Street and Swan Street.

"The larcenies are believed to have been committed by persons walking in the neighborhoods during the evening hours," according to a Batavia PD press release.

To report suspicious activity in your neighborhood, call (585) 343-5000.

Edward Wood

The man accused of robbing the Sunoco station at West Main and Dellinger Avenue on Tuesday night reportedly told police after his arrest that he wrote out a note, put on a red hoodie and black ski mask and brandished an Airsoft gun in an attempt to obtain cash to support his daughter.

Edward Wood III, 21, of Vine Street, Batavia, is charged with robbery, 2nd, criminal possession of a weapon, 4th, petit larceny, menacing, 2nd, and criminal mischief, 4th.

In a sworn statement to police, Wood admits to the robbery and says, "I'm sorry for what I did. I would not have done this if I had money to support my daughter."

Even though Wood was allegedly carrying an Airsoft gun, the clerk in the station took the situation very seriously.

"When he walked in, he started pointing a gun at me," the clerk wrote in his statement. "It was a black handgun. It looked like a Glock to me. The gun was already drawn at me when I first saw him. ... He said, 'Give me the money, Bro. I'm not playing around.' Then he chambered a round in the gun and kept it pointed at me."

The clerk also said at one point, the robber slammed the gun down on the counter, breaking the glass.

"I was afraid he might shoot me," the clerk wrote. "I opened the cash drawer and started taking out all the bills. When I got to the singles, he said 'That's enough. That's good.' "

Wood's version of events differs slightly.

He said he borrowed the Airsoft pistol (a gas-fired pellet gun) from a friend and wrote out a note that said, "Empty the cash drawer, put the Newport cigarettes in bag."

"I told the guy at the counter to not be stupid and give me the money," Wood reportedly told investigators. "I had the Airsoft gun in my right hand. The guy froze at first. He then told me to take what I wanted, pointing at stuff around the store. I told him I did not want that. I banged the barrell of the gun on the counter and I told him I wanted money."

Wood told investigators he took the money and ran from the store, down Dellinger Avenue, discarding the sky mask and hoodie as he fled.

He said he made it to his uncle's house and started to walk up the front steps, but then changed his mind about stopping there.

As he started to continue on his way, two Batavia PD patrol cars arrived on scene.

Dispatchers reported the robbery to patrols at 9:50 p.m.. Officers James DeFreze and Jamie Givens had Wood in custody at 9:53 p.m.

Wood was jailed without bail.

Previously: Sunoco on West Main robbed, suspect already in custody

A serious injury, head-on collision is reported at 6372 Route 5 in front of A.D. Call & Sons Trucking company. One victim has a compound leg fracture. Extrication will be needed. Two Mercy rigs are called. Route 5 is completely blocked in both directions and will be shut down at Route 237. Mercy Flight is in route. Stafford Fire Department is responding along with mutual aid from Le Roy. Law enforcement is on scene.

UPDATE 6:55 a.m.: Stafford Fire Hall will be the landing zone.

UPDATE 6:57 a.m.: Mercy Flight has landed.

UPDATE 7:09 a.m.: Town of Batavia's Engine 24 is at the Stafford Fire Hall. The state DOT is notified that a lot of salt will be needed on the roadway before Route 5 can be reopened.

UPDATE 7:17 a.m.: The victim has been extricated.

UPDATE 7:22 a.m.: An ambulance is transporting a patient to the landing zone at the fire hall.

UPDATE 7:30 a.m.: Mercy Flight is airborne and headed to Erie County Medical Center.

UPDATE 7:34 a.m.: Le Roy is returning to service. The second ambulance called in is also back in service.

UPDATE 8:01 a.m.: The roadway is reopened. Stafford and mutual aid back in service.

UPDATE 9:20 a.m. (By Howard): One person suffered leg serious leg injuries in the accident. Because the Chevy sedan's airbags didn't deploy and the driver did not appear to be wearing a seat belt, there is concern of internal injuries. The patient was transported to ECMC by Mercy Flight. He had not yet been identified.

The driver of the pickup truck was Timothy Parmenter. Parmenter said he was westbound on Route 5 when he saw the sedan on the north shoulder heading eastbound. The sedan's driver tried to correct and get back into the eastbound lane.

"I was trying to head away from him, but he was kind of following me and I couldn't get away from him," Parmenter said.

Parmenter was not injured.

He said when he got out of his truck, another person was tending to the driver of the sedan, "trying to calm him down."

Deputy John Duyssen said it appeared that the front windshield of the sedan was completely iced over -- on the inside.

Duyssen said there were two uninvolved eastbound cars that were immediately behind the Chevy sedan. The drivers did not stop at the scene. He said it's very important the drivers in those cars contact investigators and provide witness statements. He's asking that the drivers immediately call either Investigator Kris Kautz or Deputy Chris Parker at (585) 343-5000.

UPDATE 5:19 p.m.: The driver of the sedan has been identified aas Robert C. Putney, 55, of Main Road, Stafford. Citations were issued for allegedly driving on the wrong side of the road and not wearing a seat belt. Putney reportedly told Deputy Chris Parker that his windshield was not defrosted and that he couldn't see clearly.

It's one thing, according to Andy Mills, chief of police in Eureka, Calif., to lock down a neighborhood and try to initiate police contact with every resident.

It's an entirely different approach to bring all of the resources of city government onto a troubled street and invite residents to participate in local problem solving.

The first approach invites resentment, Mills said. The second opens doors to better communication between residents and police.

Mills hopes the Batavia's plans for what officials have called "neighborhood sweeps" is more like what the city of San Antonio, Texas, has been doing, which is setting up mobile city halls in troubled residential areas.

"It all depends on the intent of the effort," Mills said. "If it's a temporary city hall where people can come to you and tell you what the issues are and what they would like to see addressed, I think that's a wonderful idea. If the effort is going to be going in and throwing up an iron curtain and body checking everybody (who) is coming through, I wouldn't see that as viable. At least, I wouldn't do it."

Mills was encouraged by a statement from City Manager Jason Molino that he read where Molino said the goal was to get folks out of their homes and communicate with local officials. That's the right approach, Mills said.

Mills is a former captain with the San Diego Police Dept., where he worked, among other assignments, in the gangs and intelligence units. He has done consulting work all over the the United States in problem-oriented policing and managed a patrol team that won the Herman Goldstein Award for Excellence in Problem-Oriented Policing. He's also won the Police Executive Research Forum’s national Gary P. Hayes Award for his contributions to improving the quality of police service.

(I was introduced to Mills this week by Rana Sampson, a nationally known expert in community-oriented policing, whom I met in 1996 when I wrote a profile of her for San Diego Magazine.)

Eureka is a small city, especially by California standards, with a population of 27,000. It's located on the coast in Northern California.

Just this week, Mills said, he met with a group of Eureka residents sharing some of the same kinds of concerns arising in Batavia.

The good news is, Mills said, Batavia, like Eureka, has a community of people concerned enough about their community to get involved.

Shawn Heubusch, Batavia's chief, has said BPD's response to neighborhood problems will be data-driven. Data on crime and complaints and the suspected location of people known to cause problems will be used to select neighborhoods for sweeps. 

Using data to identify problem areas is the right approach, Mills said.

"You should certainly focus a lot of your resources on those locations," Mills said. "That would go to the heart of problem-oriented policing."

Identifying landlords who won't bring buildings into code compliance is also a good approach.

"You want to remove the environment that makes those neighborhoods friendly to ne'er-do-wells," Mills said.

He added, "You certainly want to create an environment where criminals feel uncomfortable, but at the same time, you want to make sure government works for all people. You certainly look at criminal behavior rather than a criminal profile. You tackle behaviors. If somebody is selling dope at a particular location or creating social disorder by hanging out, you tackle those specific problems."

The mission of making the environment uncomfortable for criminals, of course, should not disrupt the rights of individuals, he said.

As for the seeming rise in gun play in the Batavia, it's certainly something to pay attention to, Mills said, but he also praised Batavia PD for reacting strongly to the rise in gun-related incidents.

"I applaud them for being attuned and aware of what they're facing," Mills said.

He said, it's important, though, not to overreact.

"If you're having an isolated problem, then get rid of the problem," Mills said. "If you're seeing a trend, then deal with the trend."

That's where analyzing data and being thoughtful about what it means comes into play, Mills said.

"I think what you need to do is establish overall trends," Mills said. "If you're starting to see trends that are a concern, take a look at that. I would want to see more over a longer period of time before we made any harsh decisions that could have a long-term impact on a community. That's not to say a neighborhood sweep is a harsh decision. I'm just talking in general."

On video surveillance cameras, there's no doubt they are very successful at reducing crime, Mills said.

"I don't have a problem with them," Mills said. "There are some liberty issues that your local community will need to wrestle with, but I'm generally in favor of using cameras under the right circumstances."

Cameras, he said, should be monitored.

When told that wasn't the plan in Batavia, that rather, recordings would be reviewed after the fact of a crime, Mills said he understands the resources it would take a small police department to monitor surveillance cameras around the clock, but there's also a solution to that problem.

"Ask volunteer community members to monitor the streams over the Web," Mills suggested. "There are a variety of options, but getting a camera is the step in the right direction."

Among the resources Mills recommend is the Web site for the Center for Problem-Oriented Policing and particularly the article "25 Techniques of Situational Prevention."

"Batavia sounds like a wonderful city," Mills said. "People really care about their neighborhoods. If you look at the research, where people are looking out for each other, crime is reduced."

Law enforcement is responding to the parking lot of Batavia Downs to meet up with security officers who report that a child has been left alone in a vehicle.

UPDATE 5:32 p.m.: "I'll be clear (leaving the scene). No report. The child has been reunited with the stepmother," says an officer.

St. Joseph School will celebrate Catholic Schools’ Week starting on Sunday January 26^th with an Open House at 10 a.m. followed by a Family Mass and lunch provided by Subway. The Open House is for all prospective students and pre-registration is not required.

The theme for the National Catholic Schools Week 2014 is “Catholic Schools: Communities of Faith, Knowledge and Service.” The theme encompasses several concepts that are at the heart of a Catholic education. First, schools are communities — small families in their own right, but also members of the larger community of home, church, city and nation. Faith, knowledge and service are three measures by which any Catholic school can and should be judged. There is no better way to invest in a child’s future — or the future of our world.

In recognition of Catholic Schools' Week, students will participate in Crazy Hat and/or Hair Day on Monday. Parents are encouraged to join their children for lunch that day and play Bingo. On Tuesday, K-2 students will visit the YMCA for activities including swimming, group exercises and fun in the bounce house. Students in grades 3-8 will go bowling at Mancuso Lanes. Wednesday is Pajama/Movie day and on Thursday students will participate in “House” activities including dancing, trivia, and making Valentine’s gifts for Veterans. The week will wrap up on Friday with a 7^th/8^th grade Basketball Game and participation in Jump Rope for Heart. The festivities will conclude with a Family Dance on Friday night at the school.

To find out more about St. Joseph School, the Open House or Catholic School’s Week, visit www.sjsbatavia.org or call 343-6154.

A subdivision of Batavia Towne Center to make way for a Kohl's Department Store was approved by the Town of Batavia Planning Board on Tuesday night.

The subdivision is necessary, according to Kate Johnson, of COR Development (top photo) because Kohl's needs its building on its own parcel for financing, tax and insurance purposes.

Kohl's will own its building, but COR will continue to own the land.

A subdivision carves a parcel of land from an existing parcel to make a new parcel with its own tax ID number.

Kohl's is planning 56,883-square-foot building roughly in the area of the former Lowe's garden center.

Johnson also revealed that Marshall's is planning a store next to Dick's Sporting Goods and said a fourth store is planned for the former Lowe's space, but said she can't mention the name of the store.

Previously, it was reported that the discount chain 5 Below was planning a store for the location.

Town officials are also considering a sidewalk for pedestrians that would connect Batavia Towne Center and Batavia Downs as well as an extension of Richmond Avenue through to Veterans Memorial Drive.

The Kmart at 8363 Lewiston Road is being evacuated because of an odor of natural gas in the building. Town of Batavia fire is on scene and National Fuel is notified.

UPDATE 2:55 p.m.: The town's assignment is back in service. National Fuel is working to fix the problem. The store will remain closed in the meantime.

On a day of no snowfall and no blowing snow, city crews are taking the opportunity to clear away piles of snow from parking lots and parkways. Above, a crew works on a pile of snow outside City Centre on the Jefferson Avenue side.

Within minutes of a reported robbery at the Sunoco Gas Station on West Main Street, a Batavia police officer reported taking a suspect into custody on Dellinger Avenue.

The initial report had a man who may have displayed a gun running from the store wearing a red coat and black mask.

UPDATE 11:04 p.m.: Officers on scene confirmed the suspect did use a gun and a gun was recovered. No word on how much money was taken. Officers recovered what appeared to be garments the suspect discarded as he ran from the store, including a red sweatshirt, black ski mask and sunglasses. Deputy Chris Erion was quickly on scene with his K-9 "Destro." Destro tracked the suspect's path and located what officers believed to be the demand note used by the suspect. The robbery was dispatched to Batavia PD patrols at 9:50 p.m. and an officer reported the suspect in custody at 9:53 p.m. The name of the suspect won't be released until after his arraignment in City Court. 

Notes: Destro, you may remember, is new to the force. While he has worked to help track a possibly missing person, Erion confirmed this is the first time Destro has tracked a suspected criminal and helped find evidence. Also, since Thursday, we've had, in the city, a burglary in progress, a bank robbery and now this armed robbery and in all three cases suspects were apprehended quickly by local law enforcement (State Police assisting Batavia PD on the bank robbery).

Top photo, Sgt. Chris Camp, Deputy Erion and Destro checking out the location on Dellinger of a possible demand note used by the suspect. Photos below: Officer James DeFreze with ski mask and sweater that may have been discarded near the station by the suspect, and the Sunoco station on West Main with Batavia PD, Sheriff's Office and State Police on scene.

Town planners approved a sign tonight for a new sushi restaurant that will reportedly open soon at 4140 Veterans Memorial Drive, Batavia.

The restaurant, YUME Asian Bistro, will be the third location for the owner, according to Dan Lang, the town's code enforcement officer. The other two are in New York City.

Everything about the new restaurant, Lang said, is first-class.

"The interior looks wonderful, actually," Lang said. "He did a beautiful job on the inside of it."

Lang said the owner is just about ready, and eager to open.

The location is next to Pawn King, two doors down from Jagged Edges Salon, across from Walmart.

His top chef from New York will open the restaurant and train the cooks and staff before returning to NYC.

"He wants to make sure he has somebody who takes care of the sushi the right way," Lang said.

The restaurant will also serve Thai food as well as other Asian dishes.

Lang described the new restaurant as "high end."

UPDATE: So, apparently, Batavia will have two sushi restaurants going by similar names. Josh Gaylord says that he filed for a DBA for Yume Sushi in June and then Yumi Asian Bistro filed in July. Gaylord is planning to open his restaurant at the former Delavan's location on Evans Street in the city.  He's previously held a Sushi night at Sweet Ecstasy Bakery and his sushi has gained a passionate local following.

Police have been dispatched to High Voltage Tattoo and Piercing on West Main Street, Batavia, to take a report on a petit larceny of a tattoo.

A woman reportedly got a tattoo of stars on her shoulder and when the tattoo artist asked her to pay when the work was done, she said she didn't have any money.

The artist told her to wait while he called police and the woman reportedly left anyway, driving away in a black pickup truck.

Authorities will be told her name.

A possible structure fire is reported at 4535 W. Saile Drive, a barn behind Michelle's Bakery.

Smoke is seen coming from the structure.

Town of Batavia fire dispatched.

UPDATE 7:28 a.m.: A chief on scene reports the fire may have burned itself out. Responding units can come in non-emergency.

UPDATE 7:30 a.m.: It turns out to be a vehicle fire. The vehicle has been removed from the building. The structure is not involved.

UPDATE 7:37 a.m.: Fire is knocked down. Assignment being held to Engine 24.

UPDATE 8:14 a.m.: Town of Batavia back in service. Fire contained to vehicle. Smoke damage to the building.

Members of the Genesee Symphony Orchestra are busy getting their act together for the GSO's concert Feb. 16 at St. James Episcopal Church in Batavia.

Tonight, the orchestra rehearsed at the First Presbyterian Church in Batavia.

Raffaele Ponti is the conductor and music director for the show, which will feature soloists Holly Bewley, a soprano, and pianist Isabelle Aubin (who were not part of tonight's rehearsal).

The program includes works by Leonard Bernstein, Mozart, Annunzio Montovani, Leroy Anderson, Schubert and John Williams.

Tickets are available at geneseesymphony.com as well as GO ART!, Roxy's Music and the Batavia Senior Center and in Le Roy at the Bank of Castile.

Top photo: Lynn Eberhardt, of Scottsville, on bass.

A violin in the hands of Jill Babinski.

Dave Funston, of Batavia, on drums.

Conductor and music director Raffaele Ponti.

Dave Porter, trombone

The owner of Eastown Beverages, Paul Parise, is hoping readers of The Batavian can identify the owner of this truck.

According to Parise, somebody driving this truck stole pallets from outside his business at 563 E. Main St., Batavia. He also wonders whether the same person may have tried to break into his store two weeks ago.

Batavia PD has an open investigation on the case, according to Officer Jamie Givens, but no suspects.

Anybody who might have information useful to the investigation are asked to call Batavia PD at (585) 345-6350.

A new exhibit featuring the work of local photographer Susan Meier is on view at the Gallery at Blue Pearl Yoga through the month of January. The show is free and open to the public during gallery hours.

Meier, a lifelong resident of Genesee County, currently resides in East Pembroke. A self-taught artist, she began taking photographs as a preteen.

“I won a camera in a coloring contest and that sparked my interest,” she says.

After graduating from Genesee Wyoming BOCES with a degree in Cosmetology, Susan operated a hair salon out of her home for several years but continued her interest in photography, joining the Batavia Photography Club in 1995. She began photographing weddings in the late '90s and by 2001 she graduated from Genesee Community College with an AAS in Commercial Art. In 2010 she moved her business to the Harvester Artisan Center. She is a member of the Professional Photographers Association, past president of the Batavia Photography Club, and is active in 4H and the Genesee County Fair.

She continues her professional development by attending workshops throughout the country where she’s learned techniques like off-camera flash and studio and portrait lighting. Her work has been shown at the Richmond Memorial Library where she’s won multiple People’s Choice Awards, Moon Java Café, Genesee Community College, GoArt!, and Muller Quaker. Aside from her work as a wedding photographer, Susan’s professional work includes high school senior portraits, professional head shots, as well as newborn, family, and maternity photos.  

“The 11 images in the Blue Pearl exhibit feature a mix of fashion/glamour, boudoir, concept shoots and some photo digital art,” Meier says. "Concept shoots are ideas or unique concepts brought to life.

The concept images on display include Feather, 1940s Glam, Steampunk, Snow Princess and Flower. Her training as a cosmetologist allows her to construct elaborate styles for her models.

She is available for private photography lessons. You may contact her at 585-861-0415 or visit her studio at the Harvester Artisan Center, 56 Harvester Ave., on the first floor. Her social media presence includes Facebook, Twitter, Pinterest, 500px, Google Plus, Shop Batavia.

The exhibit can be seen during gallery hours on Monday, Thursday, and Saturday from 9 to 11 a.m.; Monday through Thursday from 5 to 7 p.m.

For more information, call Blue Pearl Yoga at 585.230.5430.