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Cold milling of Vine Street in the city planned next week

By Billie Owens

From the city's Superintendent of the Bureau of Maintenance Raymond Tourt:

Vine Street from East Main Street to Bank Street will be affected by construction delays and lane reductions for the cold milling of the pavement, base repair and binder installation on Monday, July 30, through Wednesday, Aug. 1.

Time of work those days is 7 a.m. to 7 p.m. and delays may also occur at these locations: Fisher Parkway & Vine Street; Chase Parkway & Vine Street; East Avenue & Vine Street; Farwell Drive & Vine Street; North Street & Vine Street; and Evergreen Drive & Vine Street.

All residents within that area along Vine Street are asked not to park on the roadway during the day; they should either park in their driveways or on neighboring streets.

All motorists are asked to avoid Vine Street if possible.

Portions of this work are weather dependant and delays may occur.

Please plan accordingly and contact D&H Excavating at this phone number -- (716) 482-4956 -- if special accommodations are needed.

Thank you for your cooperation in advance.

City Bureau of Maintenance

147 Walnut St., Batavia

345-6400, Opt. 1

Law and Order: 40-year-old Oakfield man accused of having intercourse with female under age 17

By Billie Owens

John M. Brabowski, 40, of Fisher Road, Oakfield, is charged with third-degree rape. He was arrested on July 24 and arraigned at 9:11 p.m. in Batavia Town Court. It is alleged that he engaged in sexual intercourse with a female victim under the age of 17 on July 23 at a location on Fisher Road in Oakfield. He was jailed on $100,000 bail and is due in Oakfield Town Court on Aug. 6 to answer the charge. Additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus, Youth Officer Howard Carlson and Sgt. Bradley Mazur.

Anthony D. Micucci, 24, of Main Street, Alexander, is charged with third-degree assault, third-degree menacing, and endangering the welfare of a child. He was arrested at 3:25 p.m. on July 25 on Main Street in Alexander following a domestic incident in the village. He is due in Town of Alexander Court on Aug. 8. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Joshua M. Gaudioso, 29, of Genesee Street, Le Roy, is charged with criminal possession of a weapon because he is a convicted felon. He was arrested and arraigned in Bergen Town Court at 9 p.m. on July 26. He was jailed in lieu of $10,000 cash or bond. He is accused of possessing a shotgun on July 20 at a location on North Bergen Road, Bergen. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Chad Minuto.

Kevin Wayne Howard, 18, Bank Street, Batavia, is charged with unlawful use of a motor vehicle in the third degree. He was arrested at 4 a.m. July 26 on Griswold Road in Le Roy following a complaint. It is alleged that the defendant took a motor vehicle without the consent of the owner. He was issued an appearance ticket for Town of Le Roy Court and is due there Sept. 3. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Batavia Police Sgt. Dan Coffey.

Damien Anthony Weir, 37, of Branch Lane, East Stroudsburg, Pa., is charged with unlawful possession of marijuana. The defendant was charged after a traffic stop on Veterans Memorial Drive in Batavia at 10:28 a.m. on July 24. He was issued an appearance ticket for Batavia Town Court and is due there on Aug. 14. The case was handled by Sheriff's Deputy Lonnie Nati, assisted by Deputy Ryan DeLong.

Person of interest in custody in Raymond Morgan murder investigation

By Howard B. Owens

A person of interest in the murder of Raymond Lee Morgan is in custody on an unrelated matter, Batavia PD announced this morning. 

The police are not releasing the name of the person or a description of the person because of "the very active nature of the investigation."

The police are not releasing further information about the case at this time, the department said in a statement. 

Morgan was found badly beaten in his room at 111 Liberty St., Batavia, at 11:15 p.m., Tuesday after police received a report of a disturbance. Mercy medics responded but Morgan, 47, who had two daughters and seven grandchildren, died at the scene.

According to family members, a person was seen fleeing through a second-story window and police officers, including a K-9, conducted a search of the area that night.

The day after the murder, two men living at 111 Liberty were taken into custody on alleged parole violations.

Funeral arrangments have been made for Morgan. Calling hours will be at 11 a.m. Saturday at H.E. Turner, 403 E. Main St., Batavia, with a funeral service at 1 p.m.  (Full Obituary)

Previously:

Photos: History Heroes annual penny carnival at HLOM

By Howard B. Owens

The Holland Land Office Museum hosted its annual penny carnival Thursday for children participating in the History Heroes summer program.

Below is a photo submitted by Tiff Plimpton of Carson Colantonio and Ben Landers.

Photos: Safety carnival at Falleti Ice Arena

By Howard B. Owens

Hundreds of children turned out Thursday for a safety carnival at the Falleti Ice Arena sponsored by the combined Genesee County and Batavia youth bureaus. There were games, contests, and prizes along with safety lessons.

Name released of Liberty Street murder victim

By Howard B. Owens

A 47-year-old Batavia man with many local family members has been identified by Batavia PD as the victim of a homicide last night at 111 Liberty St.

Raymond Lee Morgan died in his room last night after police and medics were dispatched because of a reported fight.

The suspect apparently fled on foot after jumping from a small second-story window. Police have not released a description of the suspect and he is apparently not yet in custody. 

In a release, Batavia PD said Morgan was well known to local officers. He had a criminal history and was on parole.

He was released from State Prison in November after serving a year on a criminal possession of a controlled substance, 5th, charge. He also served time from 1999 to 2002 on a grand larceny conviction.

But to his friends and family members gathered across the street from 111 Liberty St. this afternoon, he was a father, son, uncle and brother.

Victor Thomas, who said he grew up with Morgan as his uncle but called him his brother by the time he was an adult, said Thomas loved the Yankees and he loved cars.

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"He was big into cars and any car he had, it was going to have a system in it," Thomas said. "He loved to hear it bang. He loved to let people know he was coming before he was there."

Thomas got a little choked up talking about Morgan. He recalled that Morgan was always there when he was a kid to help him and his family.

"He had a big heart," Thomas said. "From the time I was knee high, he made sure I went back to school with nice clothes. If my mother and father couldn't do it, he was there to get me things I needed to be just OK."

He saw Morgan as bigger than life.

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"Ray was a dude that lived his life with an open heart," Thomas said. "He had so many friends. He had so many people who wanted to be around him. I mean, he was a character. He was one of a kind. You can ask anybody that. He was one of a kind. There is nobody else walking this earth who was like that dude."

Family members in the parking lot across from the rooming house were agitated while police officers and parole officers were inside the multi-unit building trying to untangle their complaints and deal with a couple of suspected parole violators.

One of them, family members said, had spread false rumors on Facebook that Morgan was the killer and he also apparently entered the room where Morgan died after police cleared the scene and took photos of the blood-soaked scene and posted them on Facebook.  

Taken into custody today was Michael Elmore. Family members shared with The Batavian posts with Elmore's name on them where Elmore said Morgan was killer and they accused Morgan of taking and posting the bloody pictures. 

Police Chief Shawn Heubusch explained this afternoon that once investigators finish processing a crime scene, the property is turned over to its owner and the owner from that point is responsible for securing the scene.

A source family with police procedures explained further that by law, police can't remain in custody of a scene once processing is completed without a warrant.

It was unfortunate, Heubusch said, that before the landlord could secure the scene, another resident of the boarding house went in and took pictures of the pools and splatters of blood in the room and posted them on social media.

"It doesn't help our investigation at all," Heubusch said. "It compromises our investigation."

He said he understands seeing those pictures online was very upsetting to family members.

"It's a shame there is no social norm anymore where people won't publish that on social media," Heubusch said. "It's absolutely ridiculous."

Ryan Macdonald is the property owner. He said he was notified at 6 a.m. by Batavia PD that he needed to secure the crime scene. He said when he arrived there was no door into Morgan's room and the window had been removed. Both were taken by investigators as evidence.

Removing Morgan's personal effects wasn't easy, Macdonald said, but that everything that could be returned to them was returned (at the scene this afternoon there were accusations that items were missing and that Morgan's laptop was found in the room of one of the parolees arrested, but Batavia PD could not confirm that information).

"I hate to say this but everything else in that room was covered in blood," Macdonald said. "Everything that was a health hazard, we had to clean or throw out. We had to throw out the bed. I own the bed but we had to throw out the bed. The sister wanted to go into the room but we had to bleach everything and clean everything. I spoke with a hazmat company and they came out and looked at the room and saw the work we did and they said we did what we were supposed to do."

At the start of the interview, Macdonald expressed his condolences for the family. 

"It's unfortunate that someone has died," Macdonald said. "My heart goes out to all of the family. They have lost a son, a child, a father, a brother."

It's days like today that being a landlord is especially difficult, he said.

"We all make choices and I chose to be a landlord but on days like this, I hate being a landlord because no matter what I do people will be mad at me," Macdonald said. "But I believe people can change. I believe people can become better. And that's why we rent to parolees."

Michael Elmore being taken into custody for an alleged parole violation.

Batavia PD investigating homicide on Liberty Street

By Howard B. Owens

A male, whose identity is not being released yet, succumbed to injuries sustained during a fight at 111 Liberty St., Batavia, at 11:15 p.m., Tuesday.

Police are looking for a person who might be a suspect in the case.

The first officers on the scene found a male in one of the rooms at the residence and EMS was summoned. The victim died at the scene.

Officers obtained a suspect description and, with the assistance of the State Police K-9, searched the area for the suspect.

The police are not releasing that information while the investigation is pending.

The identity of the victim is not being released pending notification of relatives. His body was transported to the Monroe County Medical Examiner's Office where an autopsy will be conducted on Thursday. In a statement, police said more information about the investigation will be released after the autopsy is complete.

"Through our investigation thus far it is believed that this was not a random act of violence and that the suspect and victim knew each other," police said in a statement.

Anyone with any info regarding this incident is asked to call police at (585) 345-6350, information may also be submitted via the confidential tip line at (585) 345-6370.

Brawl reported on Walnut Street in the city

By Billie Owens

A brawl involving several households is reported on Walnut Street in the city. Batavia PD are on scene at 18 Walnut St. because of the altercation. The location is near Walnut Place. A subject has a head injury.

UPDATE 7:35 p.m.: Mercy medics are responding, too.

UPDATE 7:42 p.m.: Command requests a second ambulance to the scene. Dispatchers call Alexander ambulance for an unknown injury.

UPDATE 7:51 p.m.: A patient has a hand injury but is refusing treatment, so Alexander is told to stand down.

UPDATE 7:59 p.m.: It is Le Roy's ambulance transporting a male from the scene to UMMC who has an obvious deformity to his nose and pain estimated to be a 7 out of 10 on a scale of 1 to 10.

Musical tribute to honor late Batavia school band instructor Neil Hartwick is Aug. 1, alumni musicians wanted

By Billie Owens
A musical tribute and celebration of the life of the late Batavia band director and music instructor Neil Hartwick is set for 7 p.m. on Wednesday, Aug. 1, at Centennial Park. It is free.
 
He is credited with influencing the lives of many students. He created the Pageant of Bands.
 
Music student alumni from Batavia Middle School, Batavia High School and in Brockport will play together with the Batavia Concert Band in honor of their beloved mentor who died last September.
 
Everyone is invited to attend, but organizers are also looking for band alumni who might like to perform along with the Batavia Concert Band to entertain that evening.
 
Neil's wife, Nancy, is planning to attend!
 
All Band/Jazz Ensemble alumni and any students/friends of Mr. Hartwick wanting information about the event or participation in the tribute band performance, please contact Gary Bird via email at: solidgolddj@yahoo.com or phone (585) 343-0688.
 
Centennial Park is located at Richmond and Ellicott avenues in the City of Batavia.

Pedestrian struck by gray sedan at Washington and Thomas avenues in the city

By Billie Owens

A pedestrian was struck by a gray four-door sedan at Washington and Thomas avenues in the city. The vehicle continued on Washington eastbound. City fire and Mercy medics are responding.

UPDATE 1:12 p.m.: Dispatch has updated the discription of the vehicle. It is silver or light blue in color and an older model. Male driver had brown hair and a mustache; female passenger had large sunglasses and dark wavy hair, according to a witness. A trooper may be behind the suspect vehicle now.

UPDATE 1:30 p.m.: A police officer at the scene says there are "several security cameras here at the intersection" and he may be able to get the vehicle's license plate after viewing the footage. An officer is possibly out with the vehicle matching the description at the West End Mobile Home Park.

UPDATE 1:32 p.m.: The victim/witness is not sure what damage is visible on the suspect vehicle. The officer says there's no evidence of vehicle damage left behind at the scene. There may have been a dog in the vehicle. The female passenger's sunglasses were heavily tinted.

Law and Order: Driver allegedly found asleep behind the wheel with needle in her arm after accident

By Howard B. Owens

Samantha L. Wroblewski, 29, of Medina, is charged with driving while impaired by drugs, DWI, criminal possession of a controlled substance, 7th, and moving from lane unsafely. Troopers were dispatched to a report of a property-damage accident on Route 33 in Stafford and Wroblewski was allegedly found asleep at the wheel with a hypodermic needle in her arm. Wroblewski allegedly admitted to possession of heroin and additional needles. She was arrested after failing to pass multiple field sobriety tests and she submitted to a chemical test.

Tyler Austin Stoddard, 23, of Meiser Road, Corfu, is charged with bail jumping, 3rd. Stoddard was located in Indian Falls and taken into custody. He allegedly failed to appear in Integrated Domestic Violence Court on Nov. 18. He was ordered held in jail.

Amanda K. Shufelt, 31, of Locust Street, Lockport, is charged with petit larceny. Shufelt allegedly stole merchandise from a gift shop at Darien Lake Theme Park.

Brandon L. Kenney-Westfall, 25, of Bergen, is charged with unlawful possession of marijuana. Kenney-Westfall was stopped by State Police at 8:18 p.m. Saturday in Bergen.

Summer Regents test-prep classes offered at BHS

By Billie Owens
Press release:
 
To help Batavia City School District students prepare for the August Regents exams, Batavia High School (BHS) will offer summer review classes in the following subjects:
  • Algebra 1
  • Geometry
  • Global History
  • Living Environment
  • Earth Science
  • English Language Arts
  • Chemistry

The classes will be held on Aug. 13, 14, and 15, from 1-3 p.m. at BHS, 260 State St. in the City of Batavia.

Register by Aug. 10 by calling the Batavia High School Counseling Office at 343-2480, ext. 2002.

Law and Order: South Swan Street woman jailed without bail after allegedly striking person with an ashtray

By Billie Owens

Cynthia M. Mack, 51, of South Swan Street, Batavia, is charged with third-degree criminal possession of a weapon and second-degree criminal assault. She was arrested at 8 p.m. on July 20 on South Swan Street after she allegedly struck another person with an ashtray, causing injury. She was jailed without bail and was due back in City Court this afternoon (July 23). The case was investigated by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Nicole McGinnis.

Amy Marie Guiles, 47, of North Main St., Warsaw, is charged with second-degree harassment. The defendant was issued an appearance ticket following a report of a physical distrubance at an address on Route 19 in the Village of Bergen at 12:30 a.m. on July 7. The defendant allegedly struck the victim multiple times with closed fists. She is due in Town of Bergen Court on Aug. 15. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Katlyn Marie Buzzell, 18, of Burke Drive, Batavia, is charged with fourth-degree grand larceny. She was arrested at 2:17 p.m. on July 20 at a discount department store on Veterans Memorial Drive, Batavia. It is alleged that she stole property exceeding $1,000 while employed there. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Lisa Darline Ayres, 52, of Garfield Street, Newark, is charged with: felony DWI -- with two prior convictions with the last 10 years; felony DWI -- operating a motor vehicle while having a BAC of .08 percent or more; aggravated unlicensed operation in the firt degree; operating a motor vehicle without an interlock device; and refusing to take a breath test. Ayres was arrested following a traffic stop on McGregor Road in the Town of Darien at 11:06 p.m. on July 21. In addition, she is charged with: unsafe turn without signal; interferance with safe operation when passing on the left, and failure to yield the right on way on a left turn. She was arrainged in Town of Darien Court and jailed in lieu of $5,000 cash or $10,000 bond. Ayres is due in Town of Darien Court on July 24. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Christopher Parker.

Kaitlin Marie Penko, 22, of Ocean Reef, Willoughby, Ohio, is charged with: DWI; aggravated DWI with a BAC of .18 percent or more; failure to dim headlights; obstructed plate, stopping or standing on a highway. She was arrested at 11:35 p.m. on July 22 on Colby Road in Darien following an investigation into a vehicle stopped on the roadway. She was issued an appearance ticket and is due on Town of Darien Court on Aug. 21. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Kevin Forsyth.

Ricki Leigh Nersinger, 66, of Ireland Road, Brockport, is charged with DWI, operating a motor vehicle with a BAC of .08 percent or more, and following too closely. Nersinger was arrested after deputies responded to Route 5 in the Town of Pembroke at 10:22 p.m. on July 21 for a property damage accident. The defendant was issued an appearance ticket and is due in Town of Pembroke Court on Aug. 28.

Jonathan Chris Shirley, 36, of Council House Road, Tonawanda Indian Reservation, is charged with two counts of second-degree criminal trespass. Shirley was arrested at 6:29 a.m. on July 21 following the complaint of a trespasser at an address on Bloomingdale Road. The defendant allegedly entered a dwelling twice unlawfully without the property owner's permission. The defendant was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. In addition, an order of protection was issued on behalf of the victim. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Ryan Young, Deputy Eric Meyer and Investigator Chad Minuto.

Jessica L. Deridder, 30, of 160 State St., Batavia, is charged with resisting arrest. She was arrested, arraigned and jailed without bail at 10:20 a.m. on July 17. It is alleged that on Ellicott Street in Batavia she ran from a Batavia Police Officer, knowing she was wanted for another crime. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Frank Klimjack.

Andre L. Dupra, 49, of Rochester, was arrested by troopers out of SP Batavia at 10:55 p.m. on July 21. He is charged with DWI, refusal to take a breath test, aggravated unlicensed operation in the second degree, and numerous traffic violations. Troopers stopped Dupra on Swan Street in the City of Batavia for failing to yield to oncoming traffic, a loud muffler, and no passenger side headlight. While speaking to Dupra, the operator, troopers allegedly detected the odor of an alcoholic beverage. Dupra was placed under arrest after failing multiple SFSTs and transported to SP Batavia where he refused to provide a breath sample.
Dupra was arraigned in the City of Batavia Court and released on his own recognizance. Dupra is to return to the City of Batavia Court later in July.

Christina M. Kowalcyk, 48, of Fairway Drive, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 or more. She was arrested at 1 a.m. on West Main Street, Batavia. She was allegedly driving a vehicle that had a flat tire while she was intoxicated. A concerned citizen initially reported this to police. She was issued an appearance ticket and released. She is due in City Court on Aug. 8. The case was handled by Batavia Police Officer Matthew Wojtaszyzyk

Patricia L. Gertis, 58, of 48 Mt. View Drive, Arcade, is charged with petit larceny. She was arrested at 12:25 p.m. on July 21 at Tops Friendly Market in Batavia. She was issued an appearance ticket and is due in City Court July 24. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Frank Klimjack.

A 16-year-old resident of Oak Street in Batavia was arrested and charged with petit larceny at 3 p.m. on July 13. It is alleged that the youth stole money from a cash register while working at Walmart. The defendant is due in Batavia Town Court on July 30 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Travis DeMuth.

Jennifer Ann Roskey, 37, of South Main Street, Oakfield, is charged with second-degree criminal contempt. It is alleged that at 5:18 p.m. on July 19 on South Main Street in Oakfield that the defendant violated a mandate of the court -- a stay away order of protection. She was issued an appearance ticket. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Jason A. McFollins, 40, of Union Street, Batavia, was arrested on a bench warrant and arraigned in City Court at 8:15 a.m. on July 22. He was jailed on $1,000 cash or bond and was due back in City Court this afternoon (July 23). The case was handled by Batavia Police Officer Matthew Wojtaszyzyk.

Dekota Leiser, 26, of an unspecified address in Batavia, was arrested July 18 on a Wyoming Superior Court warrant after turning herself in at the Genesee County Jail in Batavia. She was transported back to Warsaw and put in Wyoming County Jail with no bail until the next court session for her arraignment. The case was handled by Wyoming County Sheriff's Office Investigator Aaron Anderson.

Blue Devils football camp draws 40 young players

By Howard B. Owens

Batavia High School's football Head Coach Brennan Briggs ran a football camp last week and 40 young players turned out to learn more about the game. Current Blue Devils staff, along with former and current players, assisted with the camp.

Submitted photo.

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