batavia

Press release:

The Batavia City Council and city manager are seeking city residents who are interested in volunteering as a member of the following committees/boards:

• Board of Assessment Review
• Historic Preservation Commission
• Youth Board
• Planning Board – Alternate Member

Residents interested in applying can obtain an application from the City Clerk’s Office or can visit our Web site at www.batavianewyork.com and download a Committee/Board Application under Downloadable Forms.

Applications are due to the City Clerk’s Office by Friday, Jan. 25.

If you have any questions or need additional information, please contact:

Office of the City Manager

One Batavia City Centre

Batavia, New York 14020

Phone:  345-6330

Fax:  343-8182

E-mail:  jmolino@batavianewyork.com

A pedestrian has serious injuries after being struck by a car in front of the Castilone Chrysler dealership at the corner of West Main and North Lyon streets. City police, fire and Mercy medics are responding.

UPDATE 8:58 p.m.: Mercy Flight is on ground standby. Medics intend to take the victim via ambulance to the airport hangar for transport to a hospital. Traffic control is needed and westbound lanes are getting a little backed up.

UPDATE 9:11 p.m.: The victim is well en route to the Mercy Flight hangar. City Engine 11 is back in quarters.

UPDATE 10 p.m. (by Howard): According to Sgt. John Peck, the pedestrian was walking in the westbound lane of West Main Street. Another person out walking a dog tried to tell the pedestrian to get out of the street and onto the sidewalk, but the pedestrian, who appeared to be intoxicated, would not do it and even became belligerent. The driver of the red pickup never even saw the pedestrian until just before hitting him. No charges are anticipated. The pedestrian suffered a possible serious head injury and was unconscious when police first arrived on scene. The patient was conscious by the time he was transported by Mercy EMS. Peck said there appeared to be no issue with the snow that prevented the man from walking on the sidewalk.

UPDATE 10:58 p.m.: The pedestrian has been identified as Kevin G. Viehdeffer, 52, of Batavia. The driver has been identified as Ryan Gugel, 25, of Batavia. There are no charges pending against Gugel.

The Town of Batavia Fire Department collected more than $7,000 today in a boot drive to benefit the families of the four volunteer firefighters who died or were injured Christmas Eve in Webster.

The money will be donated to the West Webster Fire Department to distribute to the victims and their families.

Batavia firefighters set up on Lewiston Road at Park Road, right outside their fire house, and collected donations from 10 a.m. to 2 p.m. from drivers who passed by.

The event was primarily organized by firefighter Josh Finn (pictured below).

A car struck a pedestrian in front of McDonald's restaurant on West Main Street in Batavia. The person is down in the roadway, but conscious. Town of Batavia Fire Department, Mercy medics and law enforcement are responding.

UPDATE 1:19 p.m.: The pedestrian was taken to UMMC. The town fire assignment is in service.

UPDATE 1:24 p.m.: The victim is a 45-year-old man who was taken to the Mercy Flight hangar off West Saile Drive and will be flown to a hospital. He is said to have injuries to his right hip and wrist and his ribs. He is having some difficulty breathing but never lost consciousness.

UPDATE 1:33 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital. Mercy Medic 1 is back in service.

Traffic is being diverted off Clinton Street to East Avenue while Batavia PD deals with a two-car, non-injury motor-vehicle accident.

Batavia Fire Department is requested to the scene.

UPDATE 4:23 p.m.: Initial indication is a town snow plow was stopped southbound on Clinton and was allowing a Haul-4-Less truck to make a left-hand turn from East Avenue onto Clinton. A semi coming up behind the plow truck may not have seen the plow truck stopped and tried going around the plow truck, hitting the Haul-4-Less truck. No injuries. Heavy wreckers had to be called in for the disabled trucks and traffic was blocked in both directions.

Related, local law enforcement officers are currently working a handful of property damage accidents in various parts of the county. All seem to be weather related.

One of the people who reportedly got involved with bath salts over the summer and wound up getting in trouble with the law has decided to entrust his fate to a local jury rather than accept a plea deal.

Because 32-year-old Bradley J. Broadbent has a prior violent felony conviction, the best deal District Attorney Lawrence Friedman could offer the Batavia resident was a minimum of five years in prison with a guilty plea to attempted burglary, 2nd, a Class D felony.

Broadbent was indicted by a grand jury on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree and petit larceny.

On July 6, Broadbent was talked down off the roof of a house on Hutchins Street. He was reportedly hallucinating and suffering from a high body temperature.

He was suspected of damaging bathrooms at a business complex on Liberty Street earlier that day, and after leaving the UMMC emergency room, he allegedly entered a house on Tracy Avenue without permission.

At the time, Broadbent was suspected of using bath salts and family members were upset, suspecting his use of bath salts started after the 420 Emporium opened at 400 Ellicott St.

According to Broadbent's sister, Melissa, Bradley was on a good, positive path prior to starting bath salt use.

In court today, Judge Robert Noonan granted a brief recess so attorneys could research Broadbent's criminal record and confirm that a guilty plea would indeed make him a second felony offender.

Broadbent was released from prison 10 years and six months before his arrest in July on his 1986 conviction for burglary, 2nd. Documents available in court prior to the recess didn't include the two years he spent in prison on an unrelated conviction in Batavia City Court a few years ago. If Broadbent had not been in jail or prison during the 10 years and six months after his original prison term, he would not be considered a second violent felony offender for the purpose of sentencing on the new charges.

The top charge against Broadbent is a Class C felony and carries a mandatory minimum sentence, if he's convicted, of seven years and a maximum of 15 years in state prison.

Jamie S. Schlonski, 40, an inmate in the correctional facility in Collins, is charged with burglary, 2nd, and criminal possession of a forged instrument, 2nd, and petit larceny. Schlonski was charged following an investigation by Le Roy PD into burglaries in August in the village. The victim reported numerous checks stolen and cashed in the village. Schlonski was living in Le Roy at the time and was later identified as a suspect.

Rebeca Lynn Rose, 26, of North Street, Le Roy, is charged with petit larceny. Rose is accused of shoplifting clothing from Target on Thursday. Also charged with petit larceny was Megan Lynn Furr, 26, of North Street, Le Roy.

Alicia M. Stankwick, 21, of 2955 Angling Road, Corfu, is charged with harassment, 2nd.  Stankwick is accused of sending unwanted text messages to a male whom she was advised by a Batavia PD officer the day before not to contact.

Ryan C. Cook, 34, of 7 Mill St., Batavia, is charged with harassment, 2nd. Cook is accused of having unwanted physical contact with a woman.

Kristen L. Brightenfield, 19, of Stafford, is charged with criminal mischief 4th/prevention of emergency call. Brightenfield was arrested by State Police for an alleged incident reported at 2:17 p.m. on Wednesday. No further details were released.

Richard Stevens is indicted on two counts of failure to register change of address, a class E felony, and two counts of criminal obstruction of breathing or blood circulation, a class A misdemeanor. Stevens, a convicted sex offender, is accused of moving in April to 22 Tracy Ave., Batavia, without registering a change of address within 10 days. He's also accused of moving back to 22 Tracy Ave. from the Genesee County Jail in October and failing to register a change of address within 10 days. Stevens is also accused of trying to choke another person on two occasions, once in October and again in November.

Clenton J. Reese is indicted on a count of criminal contempt,1st, a class E felony. Reese is accused of violating a court issued stay-away order.

Town of Batavia firefighters are holding a boot drive Saturday to benefit the West Webster Fire Department and the families and victims of the Christmas Eve ambush of first responders in Webster.

Firefighters Mike Chiapperini and Tomasz Kaczowka were killed in the attack and Joseph Hofsetter and Theodore Scardino were injured.

The boot drive is being organized by Josh Finn with the help of other Batavia volunteers. Residents are asked to drive by the fire hall on Lewiston Road (across from Kmart/Tops Plaza) on Saturday and drop donations into a firefighter's boot.

The drive is from 10 a.m to 2 p.m.

Jakob Kosiorek, 20, of 24 Tracey Ave., Batavia, is charged with assault, 2nd. Kosiorek was arrested by Le Roy PD and accused of punching another person several times, causing a broken nose, cheek bones and several lacerations. Kosiorek was jailed on $10,000 bail.

Danielle M. Sundown, 30, of 4846 Livingston Street, Warsaw, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, uninspected motor vehicle and aggravated unlicensed operation. Sundown is accused of being involved in a motor-vehicle accident on East Main Street at 10:33 p.m., Friday. Sundown allegedly fled the scene and was located a short time later at a local business. Additional charges are pending.

Thomas Edward McFadden, 19, of North Main Street, Warsaw, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. McFadden was allegedly observed possessing and smoking marijuana by Deputy Patrick Reeves at 4:36 p.m., Monday, in the area of 127 North St., Batavia. Also charged with unlawful possession of marijuana were Brandon Michael Aquino, 17, of Linwood Road, Warsaw, and Chelsea Lynn Laley, 23, of North Main Street, Warsaw.

Charlee Nicole Tanner, 21, of West Avenue, Lyndonville, is charged with petit larceny. Tanner is accused of shoplifting $168.29 in merchandise from Kmart. Also charged with Tamera Antonia Dowdall, 26, of Beach Drive, Medina.

Robert Michael Freeman, 21, of East Avenue, Batavia, is charged with two counts of petit larceny. Freeman is accused of stealing from Target on Dec. 16 and Dec. 19.

High school students from throughout Genesee County were at the Genesee ARC building on Woodrow Road, Batavia, this evening learning about being volunteers for the upcoming Challenge Soccer season.

The Challenger program gives youngsters with developmental disabilities an opportunity to participate in sporting events.

Organizer Shelley Falitico explained the history of the program, what volunteers do and taught the students a little bit about what it's like to deal with a disability.

As a demonstration, she placed a student in a wheelchair and told him he could use only one arm. She then required a normally talkative student to wear a mask and told him he couldn't talk and had several students wear eye covers so they couldn't see. The student in the wheelchair then had to try to distribute a brochure about Genesee ARC.

Falitico pointed out all the ways in which the students' natural reactions to having their abilities limited in this manner is much like what it is for some of the youngsters they will deal with as part of Challenger.

The students participating include a group from the Pembroke soccer team, who were there to "pay it forward."

Two seasons ago, the team was reinstated, but players were required to raise their own funds to pay for their participation. As players and parents were working on fundraising, two Pembroke borthers, Howard and Michael Oriole, came forward and for the 2011 and 2012 seasons paid all of the team's costs.

"We obviously felt blessed and honored," said one of the mothers of the players, Lynette McGiveron. "We didn't know what to say."

Since the brothers both have disabilities, reaching out to Genesee ARC for a volunteer opportunity seemed like an appropriate way for the soccer players to give back to the community.

"We were obviously very grateful and we just felt the need to pay it forward," McGiveron said.

City crews will start picking up discarded Christmas trees Jan. 7 with the pick up continuing through Jan. 18.

Residents in Batavia are asked to place their trees in the parkway without bags, stands or decorations, which can damage equipment.

Trees should be kept free of snow and ice so they are visible.

The pick up will begin on Grandview Terrace and crews will work east and west, north of Main Street and west to east, south of Main Street.

An alert neighbor spotted a potential burglary in progress on Washington Avenue on Tuesday leading to the arrest of a man police suspect may have been involved in other break-ins in the city.

Francis S. Smith, 19, of 20 S. Main St., Batavia, has been charged with burglary in the second degree and investigators are working to determine whether he may have been involved in other larcenies.

Smith is being held on bail in the Genesee County Jail.

His arrest followed a report of a burglary in progress about noon on Tuesday. Police responded, surrounded the residence and officers entered the residence and found Smith allegedly involved in a larceny of property from the residence.

A reader who was in the area at the time of the incident told The Batavian this is what he saw:

"The cops were yelling to someone inside to come out with their hands up. The man inside the house came out a second-story window on top of the porch roof. At that time the police drew their guns and ordered him to freeze and put his hands up. They brought the man back into the house and out the front door before putting him into the police car."

Brandon M. Maldonado, 24, of 24 Tracy Ave., Batavia, is charged with criminal possession of a forged instrument, 2nd, criminal possession of stolen property, 5th, and two bench warrants for alleged failure to appear as directed. Maldonado was taken into custody by Batavia PD at his residence on a felony arrest warrant as well as the bench warrants on unrelated charges. Maldonado was jailed without bail.

Daniel L. Zelazny, 50, of 6469 Swamp Road, Byron, is charged with driving while ability impaired by alcohol. Zelazny was taken into custody by the Sheriff's Office and turned over to Batavia PD following an investigation by Officer Matt Lutey of a motor-vehicle accident on East Main Street on Aug. 12.

A water main break is reported at 9 Woodcrest Drive that is affecting customers on Woodcrest Drive between Hillside Drive and Naramore Drive, Batavia.

Residents may find water pressure is low and the water may be discolored.

Crews are on-site making repairs.

UPDATE: As of 7:30 p.m., the break was repaired and service restored.

Dominique L. Clyburn, 22, of 142 Saxton St., Rochester, is charged with criminal obstruction of breathing, criminal mischief, 4th, and harassment, 2nd. Clyburn was taken into custody by Rochester PD on an arrest warrant out of Batavia City Court and turned over to Batavia PD. Clyburn was jailed on $1,500 bail.

Elizabeth Ann Bucci, 58, of Prestige Crossing, Batavia, is charged with criminal contempt, 2nd. Bucci is accused of placing a phone call to a person she was ordered not to contact.

Casey Thomas Sutherland, 22, of Westside Drive, Churchville, is charged with unlawful possession of marijuana. Sutherland was allegedly found in possession of a small amount of marijuana during a traffic stop by Deputy Jason Saile at 9:20 p.m. Friday on Route 262, Byron.

Jonathan Christopher Pestillo, 18, of Seven Springs Road, Batavia, is charged with two counts of petit larceny. Pestillo is accused of shoplifting from Target on Dec. 16 and Dec. 19.

Jessie Marie Miles, 49, of Walnut Street, Batavia, is charged with petit larceny. Miles is accused of shoplifting at Kmart.

Jason L. Perry, 18, of Pavilion, is charged with unauthorized use of a motor vehicle and driving without a license. Perry was arrested by State Police on an alleged incident reported at 2:32 p.m. Thursday in Pavilion.

Deputy Brian Thompson was battling flu and fever today. That didn't stop him from helping a snowmobiler who was stranded in water and ice on a trail off Wilkinson Road in East Pembroke.

Genesee County dispatchers got the 9-1-1 call about 2:30 this afternoon of a snowmobiler swamped in water near a creek and Deputy Thompson was the first on scene. 

Using the GPS signal from the snowmobiler's phone, Thompson was able to position himself 575 feet south of the scene. After about 10 minutes of plowing through waist-deep snow, and a half mile later, Thompson spotted the 30 year old male rider standing on a small island next to a tree. His snowmobile was up to its windshield in water.

Deputy Thompson was able to guide him back to the trail and onto the road where an ambulance was waiting. Hypothermia was a concern after being in the cold creek water and frigid temperatures for 45 minutes. Mercy Medic ambulance crews checked the rider over and he was released at the scene.

The snowmobile had to be removed before nightfall to keep the trail safe for other riders.

Rising creek waters made the ice thin and the area swamp-like near the trail. Riders need to be aware of trail conditions each day.

Thompson says this rider was lucky. He says it's important to remember some basic snowmobiling rules that could save your life. Never drink and ride, travel in pairs, never alone, slow down, and always be aware that trails change from day to day. 

Thompson says, "This young man had just been on the trail yesterday, and again this just shows how fast conditions can change. He was confident the trail would be OK today, and it wasn't."

Two patrons of Tenney Coin Laundry at 198 Ellicott St. reportedly got into a fight over a washing machine and one of them slammed the machine's lid on the other's fingers. Police are responding.

A male patron of Sunny's Restaurant in the city mall reportedly got out of control and police have been called to respond. He is said to have started "swinging at people" once outside the eatery and was trying to regain entry through a side door.

A caller reports seeing an SUV roll over at East Main and Vine streets and then leave the area.

Another caller reports seeing a Trailblazer-type vehicle, doing 60 or 65 mph on East Main in the same area, hit a snow bank and drive off.

The first caller was headed in the opposite direction, but turned around after seeing the rollover, he said, and when he did, the SUV was gone.

A police officer on scene says there is no debris in the roadway, but there has been a lot of snow knocked into the roadway. He then reported being waved down by some people standing on the sidewalk nearby.

UPDATE 10:45 p.m.: An officer has located a tan Blazer or Jimmy. When a dispatcher asked if EMS was necessary, the officer said the driver is uncooperative at this point.

UPDATE 11:09 p.m.: Police are  interviewing witnesses and suspect(s).