batavia

Louis M. Reeb IV has been charged with DWI, unlawfully fleeing a police officer, speeding and reckless driving, among other charges.

The 19-year-old is accused of leading law enforcement on a 100-mph chase through the town and city of Batavia on March 8 before slamming his truck into a house on South Main Street.

Reeb appeared voluntarily in Town of Batavia court with his family this morning to answer to seven charges filed in the town's jurisdiction. He also faces three charges in the city.

The young man was released from the hospital yesterday.

The other town charges include unsafe passing, driving left of pavement markers and failure to yield to an emergency vehicle.

He was issued an appearance ticket for the City of Batavia charges, which are: reckless endangerment, criminal mischief and speeding. He is scheduled to appear in City Court at 9 a.m., March 31.

No bail was set for Reeb by Justice Tom Williams. He was released under the supervision of Genesee Justice. He is to appear in town court again at 1:30 p.m., April 27.

A 79-year-old Batavia woman was taken by Mercy Flight to Strong Memorial Hospital following a semi-truck vs. car accident at Jackson and Ellicott streets this evening.

The car was apparently flipped over by an 18-wheeler and it landed on its roof, narrowly missing the gas pumps at the Red Apple Kwik Fill.

The driver of the truck, Slawomir Milczek, said he never even saw the car until after he stopped to check his brake lines and saw the vehicle on its roof at the gas station.

“I didn’t see any car," Misezek said.  "I just come here, and ‘oh, my God. The car is in the gas station. What happened?’ I don’t know."

Sgt. John Peck said the initial investigation indicates the driver of the car failed to yield the right-of-way as she turned onto Ellicott from Jackson.

The car, driven by Josephine Barone of Swan Street, was caught under the wheels of the trailer, thrown into a railroad-crossing sign and flipped over onto its roof near the gas pumps.

“I don’t know what her condidtion is, but I did speak to her briefly and she was conscious and alert," Peck said. "I’m sure a lot of it is precautionary, but I don’t know the extent of her injuries.”

Mercy Flight landed in the parking lot of the Salvation Army.

Misezek was emotional and animated as he described the accident to local media (pictured above).

“Then I hear very big noise. Boom." Misezek said. "I think, my air hose is broken. And then I was a stoppen on the railway, so I can’t stop, so I move a little bit forward, OK. And then I was stoppen there. I just went from the truck and ‘what’s going on?’ I didn’t see anything around me."

LISTEN (recommended): Slawomir Milczek describe the accident (mp3).

Good turn out tonight for the community meeting on sex offenders called for by Councilwoman Rose Mary Christian and organized by Police Chief Randy Baker and members of his department.

Top photo is Det. Pat Corona explaining some of the information available to the community on sex offenders.

After his opening remarks, Det. Corona showed a video about the New York sex offender database.

And it was at that point that I had to leave rather abruptly to cover the accident at Jackson and Ellicott.

John P. Richter, 57, of East Amherst, is charged with DWI, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Richter was stopped by state police on Route 77 in Alabama at 2:35 a.m., Monday. No further details were released.

Kyler S. Hapeman, 19, of 306 Caroline St., Albion, is charged with unlawful possession of marijuana. Hapeman was allegedly found in possession of marijuana during a traffic stop by Deputy Kevin McCarthy at 7:16 p.m., Monday, on Knowlesville Road in Alabama.

Linda M. Clemens, 49, of Batavia, is charged with criminal mischief and harassment, 2nd. Clemens was arrested by state police at 11 Mix Place, Batavia, at 7:30 p.m, Sunday in connection with an alleged incident in Stafford. No further details were released.

Accidents from the state police blotter:

8:35 a.m., Sunday, Thruway, Le Roy, mile marker 379.6, one vehicle; Driver 1: Patrick D. McCarthy, 41, of Stratford. No injuries reported.

Charles Daniel Bucci, 34, of 22219 Judge Road, Oakfield, is charged with criminal trespass, 2nd, and criminal mischief. Bucci is accused of kicking in the basement door of his ex-girlfriend's house, breaking the glass in the process. He was reportedly found at 2:49 a.m., Saturday, sleeping in the basement.

Sara Jo Likus, 24, of School Street, East Pembroke, is charged with endangering the welfare of a child and criminal trespass. Likus is accused of entering a residence in Le Roy without permission on Wednesday evening and getting in a fight with a woman at that residence. A 5-year-old child was home at the time.

Malik I. Ayala, 18, of 44 Walnut St., Batavia, is charged with robbery, 2nd, petit larceny and endangering the welfare of a child. Ayala is accused of stealing an MP3 player from a 15-year-old youth in the parking lot of MacArthur Park. Another suspect has been identified and is being sought by police. Ayala was jailed without bail.

Amy Lynn Showler, 34, of 9 Pearl St., lower, Batavia, is charged with petit larceny. Showler is accused of shoplifting from Kmart.

Wendelyn Leigh Ruiz, 48, of 177 Menard Drive, Rochester, is charged with DWI and reckless driving. After receiving a report of a vehicle operating erratically and forcing oncoming vehicles on to the shoulder on Route 33 in the Town of Batavia, Sgt. Thomas Sanfratello made contact with a vehicle allegedly driven by Ruiz. Upon investigation, Sgt. Sanfratello concluded that Ruiz was allegedly operating under the influence of prescription drugs.

Adam A. Fusco, 28, of 3613 Retsof Road, Retsof, is charged with DWI, driving with a BAC of .08 or greater and speeding. Fusco was reportedly stopped by Deputy Patrick Reeves at 9:58 p.m., Friday, in the area of 675 Main Road, Pembroke.

Kurt Walter Guhman, 37, of 6213 Route 5, Stafford, is charged with criminal mischief, 4th. Guhman is accused of taking his wife's mobile phone during a domestic dispute, preventing her from making a call for help. Guhman was arrested at 8:15 p.m., Friday. He was jailed on $500.

William Holtz McGorray, 44, of 237 Wright Road, Alabama, is charged with DWI, driving with a BAC of .08, and unsafe turn/failure to signal. McGorray was reportedly stopped by Deputy Jason Saile on Wright Road 2:44 a.m., Friday.

Joseph Nicholas Striegel, 19, of 509 Main Road, Pembroke, is charged with unlawful dealing with a child. Striegel is accused of hosting an underage drinking party. He was arrested at 1:14 a.m., Sunday.

Matthew Scott Williams, 22, of 5012 Hundredmark Road, Elba, is charged with grand larceny, 4th. Williams is accused of stealing a shotgun.

Matthew Legler, 20, of 736 Paul Road, Chili, is charged with grand larceny, 4th. Legler is accused of stealing a shotgun.

Andrew Steven Novak, 47, 7235 Telephone Road, Le Roy, is charged with DWI as a felony and driving with a BAC of .08 or greater as a felony. Novak was reportedly involved in a car accident on Linwood Road, Le Roy, at 5:58 p.m., Sunday. Novak was also issued tickets for alleged failure to keep right and moving from lane unsafely.

Jason M. Wolf, 46, of 8770 Wenner Road, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, speeding and passing in a no-passing zone. Wolf was stopped by Deputy Patrick Reeves at 6:30 p.m., Sunday, on West Main Street Road, Pembroke, after the Sheriff's Office received a complaint of an erratic driver on Route 5, who was allegedly driving at a high rate of speed and passing other cars illegally.

Karri A. Kunst, 36, of 43 Ballantyne Road, Rochester, is charged with DWI, aggravated DWI, operating with a BAC of .08 or greater. Kunst was stopped at the intersection of Clinton Street and East Main Street in Batavia by Officer Matthew W. Baldwin after the dispatch center received a report of an erratic driver on Clinton Street Road, Town of Batavia.

Steen L. Bordonaro, 43, of 30 Woodcrest Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater, possession of an open alcoholic beverage in a vehicle and unlawful possession of marijuana. Bordonaro was stopped by Officer Frank Klimjack, who was following up on a report of a subject getting involved in a fight at a bar in Oakfield and driving to the city. Klimjack reportedly stopped Bordonaro's vehicle on Lewiston Road in the City of Batavia. Bordonaro was arrested at 12:24 a.m., Sunday.

James N. Lauricella, 23, of Le Roy, is charged with unlawful possession of marijuana, equipment violation and a license plate violation. Lauricella was arrested by state police at 7:30 p.m., Saturday.

Scott B. Humel, 23, of Pembroke, is charged with disorderly conduct (creating a hazardous condition). Humel was arrested by state police at 12:49 a.m., Sunday. No further details available.

 

Accidents reported on the state police blotter:

8:41 p.m., Saturday, at Park Road, Batavia, two vehicles; Driver 1: Not identified (apparent hit-and-run); Driver 2: Margaret V. Janus, 39, of Albion. One injury reported.

5:36 p.m., March 12, parking lot of 48 Deli Express, Town of Batavia, two vehicles; Driver 1: Mark J. Geitner, 40, of Attica; Driver 2: Marsha K. Barton, 71, of Batavia. No injuries reported.

I think it would be interesting to learn what people feel they need to leave Batavia in order to get. To me this is the best way to figure out what the town/city is missing and perhaps there is someone one there that either knows somewhere we CAN get "it" in Batavia or we'll come up with some new business ventures for people.

Personally I feel like I need to leave Batavia to see a good movie.  I understand we have a 2 screen theater in town but the offerings are very limited - usually just big budget popcorn flicks or kid's movies. This means I have to drive to Buffalo or Rochester to see anything else - and I'm thinking pretty much everyone in Genesee county feels the same way.

The second thing is a good bottle of wine.  We have many liquor stores in Batavia but I have yet to find anything but the standard fare of mass produced wines. And to be clear although I enjoy nice wines this doesn't mean they have to cost a lot - anyone who has been to Marketplace or Premier knows you can get many excellent bottles of wine under $10 - so why can't we get this in Batavia.

So what do you NEED to leave town for?

The National Weather Service has issued a flood warning for Tonawanda Creek, but it sounds like the only severely high water will be in Erie County.

None of the roads listed that may flood -- Fletcher, Burdick, Kirby and Tonawanda Creek -- are in Genesee County.

The creek is expected to crest at 12.8 by Monday evening, and 12 feet is considered flood stage. The NWS issued gave no indication for high creek levels in Batavia and Genesee County.

The creek is running high, though.

The anticipated rainfall in Genesee County over the next 24 hours is expected to be less than an inch.

Photo: Tonawanda Creek off of Walnut Street in Batavia.

How often does this happen? Batavia got a visit from two acclaimed authors last week -- two days in a row!

The first was Garth Stein, author of the 2010 Tale for Three Counties committee pick, "The Art of Racing in the Rain." At the committee's invitation, Stein came to speak to readers and sign autographs at the Richmond Memorial Library on Thursday night.

This latest work is Stein's third novel and it's about a Seattle family as told by none other than -- Enzo, the family dog.

Stein's book had the honor of a 38-week streak on the New York Times bestseller list, won several awards and honors, and has been translated into 31 languages. Stein recently signed a film deal with Universal Studios and hopes to see the book made into a movie in the near future.

The second author was award-winning children's writer Robert D. San Souci, who came to speak to the children and sign autographs at John Kennedy Elementary School Friday afternoon.

San Souci's works include "The Talking Eggs," "Cendrillon: A Caribbean Cinderella," the "Dare to be Scared" series and "The Legend of Scarface." He also wrote the story for the 1998 Disney film "Mulan." His visit to JK was arranged by Donna Katter, program assistant for Genesee Valley BOCES' School Library System.

Whether you were in the almost-over-crowded reading room at RML or sitting in the school cafeteria as hand after hand after hand shot up from the crowd of fifth-graders during the Q&A session, you would have gotten a good idea of just how much people still appreciate their writers.

Both authors read portions of their books and shared funny anecdotes from their lives and careers, including the setbacks they have faced while trying to get their work published.

Stein, for example, talked about having gone from one agent to another before he finally found someone who wanted to take a chance on a book narrated by a dog.

San Souci -- who realized he was destined to become a writer in second grade -- said that he wrote persistently for many years, facing a long string of what he called "thanks, but no thanks" letters from publishers.

Both men were kind enough to share some of their thoughts, insights and comments with The Batavian after signing autographs -- at RML and the JK Media Center, respectively.

Batavia boys and Elba girls, each played close games on Saturday, but Batavia will advance to the next round of the state tournament while Elba's impressive season comes to a close.

The Blue Devils (20-3) locked in a 40-38 victory over Olean at Buffalo State when Andrew Hoy sunk two free throws with 32 seconds left to play. A desperation 3-point try by Ryan Carney for Olean (20-3) came up short.

Later Saturday at Gates-Chili, Elba fell to Clymer, 39-36.

Elba finishes the season with a 22-1 record.

McKenzie Bezon led the Lancers with 9 points.

Saturday, Andrew Hoy knocked down 14 points and Josh Budlong added 10. Coco Irvin and Justin Washington each had 8.

Batavia's next game is in Glens Falls at 8:30 p.m., Friday against Section III champion Westville (20-2). If the Blue Devils beat Westville, the state championship for Class B will be played at 9 p.m., Saturday in Glens Falls.

Kay and Cheryl from the local Cornell Cooperative Extension were out on Central Avenue on Saturday morning with Care-A-Van Ministries. They brought along delicious snack treats for all as well as information regarding the services their office has to offer. Kay and Cheryl were a big blessing to many. The kids truly enjoyed the snacks.

Kay and Cheryl had the opportunity to be able to share with many as 35 families with 81 family members visited the Care-A-Van bus for groceries and prayer.

A special thanks to Cornell Coopertive extension for reaching out to the community on this rainy chilly morning.

All too often a person with a mental illness cycles in and out of the criminal justice system, never really getting the kind of assistance he or she needs to break the pattern.

They may stop taking their meds, get high on drugs or alcohol, and wind up committing a crime. They are no less culpable for their actions, but they can make better choices, move forward and be less likely to get into trouble, if they plug into the many resources available to them in Genesee County.

So say the proponents of the Mental Health Treatment Court, which is a new division of Batavia City Court. It accepted its first case last June, before being officially designated as a mental health court in November.

On March 23, an opening ceremony will take place at the courthouse with many of the stakeholders present, including the Hon. Robert J. Balbick, who also presides over city and drug treatment courts and the "veterans' track" cases.

He has spent 20 years on the bench and during that time has seen the growth and advancement of treatment courts.

"People who have mental-health issues, traditionally, haven't been dealt with effectively by the criminal-justice system," Balbick said. "People with a mental illness will not respond in the same way to ideas, programs, etc., as a person without a mental illness.

"We run our court differently. We're trying to encourage, to put people in a place where they can take control of their lives. We are not as coercive. ... Mental health is different than other treatment courts and the (public) response to it is different than others."

Chief Court Clerk Linda Giambrone said the plans for the opening are definately unlike any other held at the courthouse to date. A flautist will play softly before and after the ceremony, a classical guitarist is being sought to perform and art works produced by the mentally ill will be showcased. There's a brunch reception afterward.

"Sometimes the treatment courts are seen as 'soft justice,'" Balbick said. "But they're not. We make that person accountable -- maybe financially, certainly to the community. Hopefully, the person doesn't recycle back into the system. I'd rather see them go through the treatment process."

That process typically begins with recommendations from law enforcement, the public defender's office, doctors and other professionals. Resource Coordinator Nicole Desmond, who has a strong background in the mental-health field, reviews these and is part of a team which evaluates whether a defendant is a good match.

The team includes representatives from Genesee County Mental Health, Mental Health Association in Genesee County, ACE Employment, Horizon Village Recovery Center, GCASA, Atwater House, Genesee Justice, the D.A.'s office, public defenders' office and assigned counsel.

Desmond's job at the courthouse is to bring together a variety of providers and services to address these unique and often complicated cases.

"With the decentralization of psychiatric hospitals, people have fallen through the cracks," Desmond said. "I think this is a positive way to get people to take better care of themselves."

Of course, the major of people living with mental illness never see the inside of a courtroom because they've never broken the law. They are productive citizens who hold jobs, go to school, raise families, etc., despite their diagnoses.

The prime candidate for mental health court has committed a crime but is not a threat to others. It has been determined he or she has mental health issues that are biological in nature, apart from any other issues, like behavioral problems and substance abuse, which often compounds the complexities of these cases.

Currently, 11 people are participating in the mental health treatment court, which is held from 3 to 3:30 p.m. on Thursday in the Batavia City Court. Their diagnoses include: traumatic brain injury, mental retardation, developmental delays, post-traumatic stress disorder and serious mental illness. Eight of the cases also have an alcohol and/or substance abuse diagnosis and are active in outpatient treatment.

For now, only people eligible to have their cases heard in Batavia City Court can participate. But if someone say, from Pavilion, also had a diagnosed substance abuse problem, a recommendation for mental health court could be considered.

"We give people opportunities to link to treatment to help themselves," Desmond said. "We focus on treatment, we monitor them and help them stay connected rather than just getting into trouble and going to jail. Somebody can live with mental illness but they function better if they are plugged in."

With the exception of hiring Desmond, there have been little or no public expenditures to create and run the mental health court, according to the judge. He admits it means more work for the public defenders' office, because the cases are often more complicated and therefore more time consuming.

But the other key entities are already in place and operating. It's just a matter of pulling the resources together, like working a puzzle, to get the best outcome, the judge said.

People who receive or qualify for SSI, Medicare and Medicaid don't have to worry about paying for treatment, thanks to taxpayers, who also foot the bill for the costs of incarceration.

But the working poor, those with only catastrophic health-care coverage and those who can't afford to pay high co-payments struggle the most in trying to fund their mental health treatments. A "sliding scale" based on the ability to pay helps.

One of the biggest problems the Mental Health Treament Court faces is the lack of bed space for treatment and the availability of housing.

"It's a systematic problem," Balbick said. "One thing that's not available here is a crisis center. In an emergency situation, our options are limited to incarceration or a civil commitment to a hospital. That's one of our challenges."

Notice of foreclosure for unpaid taxes have been filed against more than a dozen property owners in the city.

Property owners have until May 14 to pay the back taxes or face foreclosure and have their properties put up for auction.

The properties listed by the city, with amounts owed, are:

606-622 E. Main St., Andrew Mistler, $23,375
643 Ellicott St., Rear, Chess, LLC, $306
13-15 Jackson St., Rear, C.L. Carr Properties, LLC, $2,939
4 Cherry St., Barbara A. Suozzi, $15,876
507 Ellicott St., Margaret J. Colantonio, $15,389
20 Franklin St., Maxin P. Johnson, $14,527
151 Harvester Ave., Jeffrey C. & Diane M. Shultz, $12,191
3 Manhattan Ave., David R. Foley, $21,190
16 Oak St., Mary M. Sorce, $10,707
11-13 Raymond Ave, Philip R. Zickl, Jr., $17,298
48 Riverview Parkway, DVM Corp., $649
21 South Lyon St., Richard S. and Tamara E. Ishmael, $21,544
132 Summit St., Thomas and Mary L. Geary, $4,705
1 Union St., Douglas C. and Lori A. Veltz, $21,027
308 Washington Ave., Rose L. Nigro, $3,585

One name that may jump out at readers is Mistler. I spoke briefly with Ken Mislter about his properties and he said there was a misunderstanding with the city. He said he's been working with the city to resolve the issue and the matter will be settled shortly.

This list originally appeared in the PennySaver. Part of the original list was 643 Ellicott St., Rear, owned by Hanson Aggregates. Those taxes have been paid, according to City Clerk Heidi Parker.

Benjamin G. Evans, 21, of 23 Lincoln St., Le Roy, was arrested by Le Roy Police at 6:28 p.m., Thursday, on a bench warrant out of Batavia City Court. Evans reportedly failed to comply with the terms of a release-under-supervision agreement. Evans was originally charged with criminal possession of a controlled substance, 7th, in August 2009. Following his arrest by Le Roy Police, he was turned over to Batavia Police and jailed on $3,000 bail.

Summer Ogden, 33, of 112 State St., Apt. #2, Batavia, is charged with DWI, moving from lane unsafely, failure to notify DMV of address change and unsafe tires. Ogden was stopped at 1:45 a.m., Friday, by Officer Dan Coffey on West Main Street.