batavia

A motor-vehicle accident is reported by Wendy's restaurant off Main Street. There are no injuries, but it is completely blocking traffic. Police are on scene.

A sewer district for West Main Street Road, Town of Batavia, was approved by voters today, with 53 yes votes and 19 no votes.

Batavia PD investigators are still unsure how a 51-year-old resident of 400 Towers fell from a seventh-floor window to his death Tuesday afternoon.

Police officials believe William Hastings was alone in his apartment at the time of his fall.

He fell through the screen of the window, partially tearing it away.

"I was in the parking lot and seen the man falling so I ran over immediately," said 22-year-old Richard Smith. "I called 9-1-1 as I was running. I was the first to get to him. It was a pretty bad thing to see. I'm a little shaken up. It's a hard thing to see. I've never witnessed anything like that in my life."

Dispatchers received Smith's call just before 2:55 p.m.

Medical personal were on scene less than a minute after Smith's call, but there appeared to be little chance to revive Hastings. Less than five minutes after the initial call, personnel were covering Hastings body.

Smith said when he reached Hastings the man didn't appear to be breathing and Smith believes Hastings had already succumbed to the trauma of the fall.

Coroner Robert Yungfleisch arrived a short time later and pronounced Hastings dead.

Lt. Eugene Jankowski said detectives were conducting a thorough investigation, looking into all possible reasons Hastings might have fallen from the window. They were gathering evidence and interviewing witnesses and people who knew Hastings.

'It's still too early to say what happened," Jankowski said.

Hastings was taken to the Monroe County Medical Examiner's Office for an autopsy. 

Autopsy findings have not yet been released.

Jankowski said Hastings was married, but he didn't know if his wife lived with him at 400 Towers.

The facility is run by the Batavia Housing Authority and contains 148 apartment units occupied by both senior citizens and people with disabilities.

A neighbor of two of the people displaced Monday by the fire at 33 Pearl St., Batavia, is organizing a fundraiser on their behalf.

The two young women lost their belongings and their puppy.

Angela Schlaggel said the two woman have disabilities and could really use the help to get back on their feet.

Schlaggel can be reached at (585) 409-1128.

A 10-year-old child is being taken to UMMC after reportedly inhaling cinnamon. The child lives in Attica and an ambulance from there is meeting up with Mercy medics, who will make the drive to the hospital on North Street in the City of Batavia.

UPDATE 6:58 p.m.: The child inhaled a small amount of cinnamon (either a teaspoon or a tablespoon) on a dare. Inhalers were then used but there was still difficulty breathing. The child is resting comfortably and will arrive at UMMC shortly.

An injury accident is reported at Ross and East Main streets in the City of Batavia. City fire and Mercy medics are responding.

A man reportedly fell from a seventh-story window at 400 Towers, located at 400 E. Main St. in the City of Batavia. The patient is on the ground, unresponsive. City Fire Department, police and Mercy EMS are responding.

UPDATE 3:03 p.m.: City fire is back in service. A person on the outside who saw the man fall is being interviewed by authorities. The man who fell has no identification on him. The window screen was not removed, rather, it tore open when he fell.

UPDATE 4:29 p.m.: The victim of the fatal fall has been identified by police as William Hastings. He lived at 400 Towers and was born in 1960.

Clifford Leo Regimbal, 33, of Oakfield, is charged with criminal possession of marijuana and unlawful growing of marijuana. Regimbal was a passenger in a vehicle that was stopped at 6:57 p.m. Monday on Route 77, Basom, and allegedly found in possession of a bag containing more than 25 grams of marijuana and a 2-foot tall marijuana plant. Also charged with unlawful possession of marijuana was Ashley Nicole Janikowski, 28, of Oakfield. The traffic stop was initiated by Depty Patrick Reeves.

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, is charged with endangering the welfare of a child. Bachorski is accused of smoking marijuana with a child May 29.

Amber Michelle Hufsizer, 21, of Newark, is charged with petit larceny. Hufsizer is accused of stealing merchandise valued at $90.89 at Darien Lake Theme Park.

Brad C. Doward, 22, of 10 Hall St., Batavia, is charged with criminal trespass, 2nd, criminal mischief, 4th, harassment, 2nd, and endangering the welfare of a child. Doward allegedly unlawfully entered the residence of a friend, damaged property, had physical contact with the resident, all while in close proximity to a child. The incident was reported at 4:30 p.m. Sunday, and Doward appeared at police HQ at 12:30 p.m. Monday.

Mark W. Nassivera, 21, of Rochester, is charged with criminal mischief, 3rd. Nassivera was taken into custody by State Police in connection with an incident reported at 10:03 p.m. Sunday in Alabama. Nassivera was jailed on an unspecified amount of bail. No further details available.

David L. O'Neil, 22, of 101 Elmwood Parkway, Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. O'Neil was stopped by State Police at 12:29 a.m. Saturday in the Town of Pembroke.

Nicole Reilly was playing a game on her computer Monday afternoon when she heard a banging on her window and someone yelling.

"I had no idea what was going on," she said. "Justin looked out the window and said, ‘The house is on fire,’ so we just got out."

The fire, reported at 1:38 p.m., at 33 Pearl St., Batavia, displaced 10 residents and claimed the life of a 10-week-old chihuahua.

Two kittens and a cat were rescued, and while the garage was totally destroyed and the second floor apartment was heavily damaged, the structure is still standing.

However, owner Thomas J. Mazerbo is uncertain of the building's ultimate fate.

Mazerbo, had nothing but praise for the work of city firefighters, the police and Mercy EMS.

"With the response time, I appreciate everything that was done," Mazerbo said. "Everybody (fire, PD and EMS) was here fast. The important thing is nobody was hurt or injured."

The fire started in the garage and police took two people in for questioning. The two men may have been in the garage when the fire started.

The cause of the fire has not been released.

Chief Jim Maxwell said the garage was fully involved when Engine 12 and Ladder 15 arrived on scene, and there were already flames licking the rear of the structure, pushed toward the two-story apartment building by westerly winds.

"Our initial concern was to get some lines on the garage," Maxwell said. "We set up an unmanned master stream. The garage was pretty much written off when we got here, so our main concern was to make sure we didn't lose the house."

The garage and house were covered in asphalt shingles, which is a good fire retardant, Maxwell said, but once ignited, burn hot and fast.

The 10 residents included an elderly woman who was about to move into a single-story flat, Mazerbo said.

"We'll need to hurry up now and get that ready," he said.

Among the first people to report the fire was Jim Lucki, a Batavia resident, whose in-laws live next door. He was driving past the house when he saw the garage fire. He stopped, ran to the house, and alerted the people inside. He tried to get to the second floor, but the smoke was too heavy at that point, he said.

Once all of the residents were accounted for, the ones at the scene turned their attention to the safety of the animals. It wasn't until the fire was nearly out that a cat and two Persian Himalayan kittens, Samson and Sebastian, were rescued.

The deceased puppy was located in the second floor apartment a short time before fire crews went back in service.

Assisting at the scene were the Alexander and Elba volunteer fire departments as well as Emergency Services and the Red Cross.

PHOTOS: Top, Alexander 1st Assistant Chief Marshall Merle carries Sebastian to safety. Second photo, Stacy and Matthew Johnson with Samson, relived that he was rescued. Very bottom photo, fire investigators begin sifting through rubble in the garage in the hope of finding clues on how the fire started.

If you're unable to view the slide show, click here.

Two flower beds that in recent years haven't looked like much got a hosta makeover by city staff Monday afternoon.

City Manager Jason Molino, himself an avid gardener, organized the effort and convinced several local businesses, including Genesee Dental, Hawley Insurance, the Bank of Castile and WBTA, to pay for the hostas.

City staff from several different departments turned out today and got the 21 plants in the ground in about 30 minutes.

The plants were selected by Molino, who also drew up the plans on where each should be planted, and purchased from Pudgie's Lawn and Garden.

Asked, why hostas, Molino said, "Partially, because I’m a big fan of hostas myself. Hostas don’t need a lot of care. They’re pretty hardy. They’re a good no-brainer in terms of maintenance and something that will come back every year. As they come back and fill out more, you’ll see more and more the hostas themselves and less of the dirt."

Photos: Above, Molino and Sally Kuzon. Below, Sgt. John Peck, Batavia PD, and bottom photo, most of the staff (and Sgt. Peck's wife) who participated in the planting.

If you happened by GCC this morning and saw the entire fleet of Turnbull Heating, Air Conditioning and Refrigeration trucks on the parking lot -- no, the college was not undergoing some sort of massive HAVC overhaul.

Owner Bill Hayes, rather, had his entire crew out at the BEST Center this morning getting customer service training.

It's one of several programs offered by BEST to local businesses. Customer service is available to individuals or companies, which can bring their entire staff in for training that's specific to the company, Director Ray Chaya said.

"Sometimes, the best customer service is just better internal communication," Chaya said.

The training not only helps employees communicate with each other better, but with customers, and it stresses the importance of product knowledge, and dealing with customers who might be impatient or irritated.

Chaya said good customer service can also lead to more sales -- when employees have good product knowledge and know how to communicate what they know, it helps customers see the benefits of upgraded purchases.

"You want good customer service because you want people to come back, and word of mouth will help get new customers," Chaya said, "but more knowledge can also lead to more sales."

While Turnbull has long had a reputation for good customer service, Hayes said he's never put his employees through this sort of training before. He called the training program a "Turnbull Tune-Up."

"Nobody is perfect," Hayes said. "There's always room for improvement. We never want to fall down on customer service one iota."

"The BEST Center has some of the most intelligent and knowledgeable people and that's what they do -- they help businesses and people be better themselves. That's why it's the BEST Center."

It was scary, Hayes said, to completely shut down his business for half a day, but it was worth it. His answering service reported back that customers understood.

"Who would have thought when we scheduled this four months ago for a heating and air conditioning company, it would have been the hottest day of the year," Hayes said.

"My employees came out of there feeling very comfortable about where they need to go from here with customer service," Hayes added.

Valerie Ann Parker, 32, of Parker Road, Basom, is charged with assault, 3rd. Parker was reportedly involved in a verbal argument with another woman when she allegedly head-butted the woman, breaking her nose.

Shawn MIchael Twardowski, 29, of Vine Street, Batavia, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Twardowski was taken into custody on a warrant out of Town of Oakfield Court and jailed on $2,500 bail.

Albert Andrew Ackerman, 47, of Silver Road, Bethany, is charged with harassment, 2nd. Ackerman is accused of grabbing, pushing and punching a woman during a domestic dispute. An order of protection was issued requiring Ackerman to stay away from the woman.

Jason Robert Sando, 45, of Walkers Corners Road, Byron, is charged with unlawful imprisonment, 2nd, and harassment, 2nd. Sando is accused of restricting a woman's movements and subjecting her to physical contact during a domestic dispute. He was jailed on $1,000 bail.

Tammy L. Price, 40, of 1526 Kingsley Road, Wyoming, is charged with DWI, driving with a BAC of .08 or higher, unsafe start and uninspected motor vehicle. Price was taken into custody by Le Roy PD after her vehicle was allegedly observed pulling out of a parking lot in an unsafe manner.

Joshua A. Mead, 27, of Downing Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Mead is accused driving drunk at the time he was involved in a motor-vehicle accident at 12:04 a.m. Sunday on Route 77 in Darien. Mead was taken into custody by Sgt. Greg Walker. Darien Fire Department assisted at the scene. (Initial Report)

Terrance A. Falk, 47, of West Main Street, Le Roy, is charged with harassment, 2nd. Falk is accused of dumping a plastic tote filled with paper over his wife's head during a domestic dispute.

Ashley Allen Wayne, 46, of Rose Circle, Hamlin, is accused of being a fugitive from justice and was cited for no seat belt. Wayne was stopped on Route 237, Byron, for allegedly not wearing a seat belt. During the stop, Deputy Chris Parker discovered Wayne was wanted on a warrant out of Pennsylvania for allegedly endangering another person. Wayne was jailed pending extradition.

Daniel Gordon Vanderwalle, 33, of Stuart Avenue, Newark, was arrested on a bench warrant. Vanderwalle is accused of not appearing on a charge of petit larceny in Town of Batavia Court.

Press release:

City Manager Jason Molino announced his appointment of Shawn Heubusch as the chief of police for the City of Batavia. Chief Heubusch was selected following a nationwide recruitment process.

Chief Heubusch is a 15-year veteran and current assistant chief of police for the Warsaw Police Department. He graduated from the Rural Police Training Institute at Genesee Community College in 1997, and served as a police officer for seven years prior to becoming the assistant chief in 2004.

City Manager Jason Molino said, “Chief Heubusch brings a fresh perspective of leadership and experience to the department and the community. I look forward to working with him in the future as we have many challenges ahead of us.”

“I would like to sincerely thank Chief Randy Baker for his commitment to the City of Batavia for over 34 years. I’ve come to know Randy well over the past four years as both a friend and colleague, and have the utmost respect and appreciation for what Randy has accomplished for the City of Batavia and police department. I will truly miss his character and desire to serve the community and the officers of the police department.”

Chief Heubusch and his wife, Danielle, have two sons and one daughter: Skyelar, age 20, Preston, age 10 and Reagan, age 7. Chief Heubusch currently lives in Warsaw, but will be relocating to area in the upcoming months.

Chief Heubusch will begin June 18 and his starting annual salary will be $70,271.

The city manager encourages all our citizens to celebrate this appointment and welcome Chief Heubusch to his new position.

A garage fire, with heavy smoke showing, is reported at 33 Pearl St. City fire is responding. It's now a second alarm.

UPDATE 1:42 p.m.: A responder on scene says the fire is fully involved. There are no people inside. There is some fire exposure to an adjacent structure. Alexander's Fast Team is called to the scene and the Town of Batavia will send a fire crew to fill in at the city station. Two mercy rigs are called in case needed.

UPDATE 1:45 p.m.: Now they are saying people are believed to be still inside the structure on the second floor.

UPDATE 1:49 p.m.: Elba's "Cascade" is called to the scene.

UPDATE 1:50 p.m.: The fire has spread to the house. The location is between Franklin Street and Brooklyn Avenue.

UPDATE 1:53 p.m.: The fire inside has been knocked down.

UPDATE 1:54 p.m.: A truck at the site is also on fire.

UPDATE 2:05 p.m.: They've confirmed that there's no one inside the structure. National Grid is called to the scene.

UPDATE 2:09 p.m.: They checked for extension into the small attic. There is smoke and heat, but no flames.

UPDATE 2:16 p.m.: The Salvation Army is called to provide cold drinks at the scene.

UPDATE 2:22 p.m.: Power to the structure has been disconnected. The American Red Cross is called to provide housing for five adults.

UPDATE 2:28 p.m.: City command reports that the fire is under control.

UUPDATE 2:41 p.m.: Three cats and one puppy are unaccounted for. The three cats lived in the downstairs unit and the puppy lived in the upper apartment, where the fire extension occurred.

UPDATE 2:58 p.m.: The cats are actually kittens, and two of the three have been rescued.

UPDATE 3:07 p.m.: All three cats have been rescued -- only two were kittens. No word still on the pup.

UPDATE 3:16 p.m.: Residents of the building say more than five people lived there. They say five lived upstairs, three lived downstairs and two in the basement. The fire started in the garage. Two people are being interviewed at the police station.

UPDATE 3:27 p.m.: Town of Batavia and Elba are back in service, and so is East Pembroke, which filled in at the town's station.

UPDATE 4:03 p.m. (by Howard): As of about 20 minutes ago, the puppy had not been located. It's a 10-week-old chihuahua.

UPDATE 4:16 p.m. (by Howard): City building inspector requested to the scene.

UPDATE 4:25 p.m.: Ladder 15 and Engine 12 are back in service. Others from city station remain at the scene to continue their investigation. The code enforcement officer is there. Regretably, the puppy was found. He didn't make it.

The Notre Dame girls softball team got a homecoming befitting state champions Saturday night with a police and fire escort from the Thruway, down Oak Street, east, then west on Main Street and finally down Woodward to the parking lot of their school.

The girls swept two games in Queensbury Saturday to become the state's Class D champions.

It's the third straight year the softball team had a chance at a title and it turned out truly to be a case of the third time's the charm.

"It took a lot of heart and dedication, waking up super early, getting to practice before games, hitting, throwing, the whole thing," Kaylin Young said. "It was definitely worth it."

In the semi-final game, the Fighting Irish beat Hamilton 9-2, but the championship game was much tighter with Notre Dame (19-7) taking a 1-0 victory over Deposit.

"We were the visiting team so I was the lead-off hitter and I got two early strikes," Laurie Call said. "I'm thinking, 'oh, my gosh,' and then I got a single. Then I just remember each time something bad happened, I just had to tell my adrenaline to go back down and make sure I'm focused on the game and not to worry about the state title. It's just another game."

It's the first state title in softball for Notre Dame.

"It means an awful lot to the Notre Dame community and the family that is Notre Dame," Coach Rick Mancuso said. "We're very proud of the girls and we would like to thank the community for coming out tonight, welcoming us as the newest state champions."

The newest state champions were greeted at the Thruway exit by Engine 12 and Ladder 15 of the Batavia Fire Department and three Batavia patrol cars. With lights and sirens, the caravan of players, parents and fans paraded through the city with dozens and dozens of people turning out along Main Street to cheer for the team.

Laurie said the city's greeting was really overwhelming.

"It’s really, finally like all that weightlifting you've been doing, all those pitches you’ve taken in the legs, like everything finally means something and you just kind of want to stop and cry," Laurie said.

The Notre Dame Girls Softball Team has won the New York state championship.

This year's St. Joe's Lawn Fete looked just as popular as ever Friday, with hundreds of people turning out for rides, games, food and live music.

The carnival continues today.

To purchase prints of these photos and the ones in the slide show below, click here.

If are unable to view the slide show, click here.

Several people are reportedly involved in a fight at the Travelodge on Park Road, Batavia.

Deputies responding.

UPDATE 11:36 p.m.: The involved subjects have reportedly scattered. An injured person who was assaulted is in a car in a nearby parking lot. Mercy EMS being dispatched.

A caller on the Thruway reports seeing large flames in the area north of Pratt Road near Powers Road.

East Pembroke is being dispatched to investigate.

UPDATE: All equipment being held in quarters. The chief has received a call reporting a controlled burn.

UPDATE 11:34 p.m.: East Pembroke back in service.

A unknown type fire is reported at North and Vine, Batavia.

Flames are reportedly 10 feet in the air.

It could be a garbage fire.

City Fire is responding.

UPDATE: 12:06 a.m.: We didn't hear any further updates on this call.