batavia

The demands of modern police are wide and varied, some days they are enforcing traffic laws, acting as counselors in domestic disputes, substituting for crossing guards, arresting violent criminals or, like today, standing around in the sleet and snow waiting for a safe clear shot at a skunk at the Batavia Middle School. 

The reports started about 10am of a skunk wandering in circles in front of the school. The Batavia PD waited and did what they could, but the skunk never left the street or sidewalk and could not be corralled into a safe area. No one is sure what is wrong with the skunk and why it is acting in this fashion.  The skunk is posing a traffic nuisance at Ross and Washington and is potential danger to pedestrian traffic in the area.  

Press release:

St. Paul Lutheran School parent group, FOLKS, is having a Christmas wreath sale. Sale dates are now thru November 17th. A 20" decorated wreath is $30 and a 35" decorated wreath is $45. Choice of red or burgundy ribbon. Payment is due upon ordering. Cash or check made out to FOLKS. Can be ordered at St. Paul Lutheran Church and School at 31 Washington Avenue, Batavia, 585-343-0488. Pick up of wreaths is on Sunday, November 21st at the church from 9:30 a.m. - 12:00 p.m.

The battle at Vera Cruz, Mexico, on April 23, 1914, would prove to be an unfortunate forerunner of World War I.  President Woodrow Wilson was concerned when General Victoriano Huerta overthrew Mexico’s government.  The President tried to intervene suggesting an armistice.  General Huerta refused all attempts of settlements by the United States.  As a result in April 1914, US troops were sent to the Mexican border.  The troops included a young man from Batavia, New York, Gabriel DeFabbio. 

Gabriel was born in Italy, November 7, 1891.  He came to this country with his mother, brother, and sister.  His father had come to America ten years earlier.  They originally settled in Holley before setting down roots in Batavia.  Gabriel attended Batavia High School.  In November 1908 Gabriel enlisted for a term of four years in the Navy.  When his term expired he thought he would settle in Batavia, but his heart was in the Navy. After living in Batavia for four months and experiencing the life of a civilian, he decided to reenlist in the Navy. Gabriel’s previous experience advanced him to a gunner’s mate aboard the naval ship the USS New Jersey.

On April 14, 1914, Gabriel sent a letter to his parents saying he was headed for Mexico and he did not know if there would be a battle but he was ready if it happened.  President Wilson ordered the troops to take over Vera Cruz.

As the USS New Jersey was docking, shooting began. In the commotion at the dock, the first eight men died in what became known as the battle of Vera Cruz.  Young DeFabbio was one of them.

In Batavia, the parents of Gabriel received the following message from the Secretary of the Navy Josephus Daniel.

Thomas DeFabbio of No. 38 Center Street, Batavia, NY.
“Let me express my deep sympathy in your sad bereavement due to the loss of your son, Gabriel A. De Fabbio, at Vera Cruz Mexico, April 22, 1914.  His patriotic courage has itself placed his name high on the roll of those to lay down their lives for their country.”

Both parents were overcome with grief, as was the entire community. Gabriel was survived by his parents Gabriel’s body was to be buried in Arlington National Cemetery.

Gabriel’s father, Thomas (Cosimo) had a specific request, however: he wanted his son’s body returned to Batavia for a public funeral and burial.  He sent a message to the Secretary of the Navy and his request was honored.

There was a meeting of the Upton Post, G.A.R., (Grand Army of the Republic) in Ellicott Hall to discuss the plans for the military funeral of Gabriel.  Many organizations were asked to participate in the arrangements of the funeral, the Women’s Relief Corps, Sons of Veterans as well as all civic organizations and societies in Batavia.   Businesses were also asked to close their stores while the funeral was in progress.  All flags were to be placed at half-staff to show respect for the soldier.  An invitation was extended to all veterans of the Army and the Navy to attend the funeral.

The Spanish War Veterans selected three sailors from the Navy and three soldiers from the Army to serve as pallbearers.  All military were dressed in full uniform.

A salute of seven guns was fired by the Spanish War Veterans upon the arrival of Gabriel’s remains as the train entered the station in Batavia. A cannon was used to notify the Batavians that his body had reached Batavia.

The pageant of patriotism was overwhelmingly demonstrated by three thousand Batavians and military persons who walked down Main Street to St. Joseph’s Catholic Church on the corner of Main Street and Summit Street.  Only one thousand mourners could enter the church.  The other two thousand stood on the steps and in the street waiting for the funeral to conclude.

President Wilson sent a beautiful wreath in memory of Gabriel DeFabbio.  It was shipped to Batavia in a large wooden box.  It was a wreath of galax leaves (galax leaves are a popular green in the floral industry) and Easter lilies. The card attached said the words, “The President.” 

It was said that there had not been this much excitement since the dedication of the historic Holland Purchase Building today known as the Holland Land Office Museum.

On May 15, 1914, the marquees of The Grand and Family Theater advertised pictures showing the military funeral from the house to the grave.  There were also slides showing the wreath sent by President Wilson.

This Batavia hero is honored with a historical marker on the lawn on the east side of the Holland Land Office Museum.  The marker was erected one year after Gabriel’s death by the first company of the USS New Jersey. 

NOTE: If you're scheduled for jury duty next week, you shouldn't read this story. If you do, you will likely need to disclose that fact in court.

When Devon Wright's trial starts on Monday, in a rare two-defendant case, with Jacob J. Sponaugle also facing felony charges stemming from the same incident, his attorney wants to mount a defense that says Wright had no intention to buy a gun on July 22 when he interacted with Sponaugle and another man at the Days Inn Hotel in Batavia.

Nathan Chase indicated not only did his client not intend to buy a gun that night when Sponaugle and the other man (who was subsequently shot during the encounter) approached him, Wright flatting refused to buy the gun.

To help make that case, Chase wants to introduce into evidence a body camera recording of Wright talking with a Batavia police officer when he apparently makes a statement that substantiates his claim that he didn't intend to buy a gun.

Based on New York's rules of evidence he won't be able to use that video recording during the trial.

Wright is charged with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

District Attorney Lawrence Friedman had previously withdrawn an exhibit a statement by Wright that incriminated Sponaugle, agreeing with Sponaugle's attorney, Joseph Lobosco, that the statement was inadmissible from a co-defendant and that it amounted to hearsay.  As a co-defendant, Wright can't offer anything he said outside of court that is potentially incriminating to Sponaugle.

If he testifies (defendants are not required to testify at their own trials), Chase can ask him about his intentions that night.

Chase pressed hard to try and get Judge Charles Zambito to allow the statement to be presented to the jury but for every statement offered by Chase, Friedman returned to the rules of evidence.

Chase's view of the case, "Two people showed up with a gun my client didn’t want and one of them got shot.  We don't know if the shooting was accidental or not but we do know how (Wright) responded at the scene."

The Days Inn incident is one of the multiple times over the past two years that Wright has come into contact with law enforcement and wound up facing felony charges.  For more on his prior arrests, click here.

Jury selection starts a 9 a.m., Monday.  Friedman says he expects the case will fill full days every day for the week. The goal is to complete the trial by the end of the day Friday but given the complexity of the case and the nature of a two-defendant case, it could stretch into the following week.

The Dream Killers are the 2021 All-Day Flag League (AFL) champions after winning the league's finals this week, beating Lil Irish on a pick-six interception to close out the game.

The top prize for the champions is $1,500.

The league hosts tournaments four times a year (winter, spring, summer, and fall) and currently has five teams (with a desire to expand).  The current teams are the Lil Irish, Ass n TDs, Playmakers, Dream Killers, and 585 Demons.

The tournaments are double elimination, followed by a playoff and then the championship game.

Key sponsors are Notre Dame High School (where the games are played), Ri-Dans Sports Bar, and Shadowbox Photography.

Press release:

As we enter into the giving season, now more than ever our fellow neighbors are in need of your help. According to the US Department of Agriculture over 38 million people, including over 11 million children, experienced food insecurity in 2020 with no signs of that number decreasing.  And it hasn’t slowed down.  As a matter of fact, many of the participating food banks that will benefit from this program have indicated that the need is up more than 40%.

That is why Tops Friendly Markets is proud to once again host its annual Food for Families Campaign, now in its 15th year, with a goal to provide more than 2.5 million meals for our neighbors in need. As Tops launches its Food for Families campaign November 14 - December 24, 2021, we ask that you consider making a donation the next time you shop in-store or online.

Tops Food for Families campaign is synonymous with The Little Brown Bag of Hope. Customers can easily purchase a Little Brown Bag of Hope paper icon at the register anytime they shop. At the register, customers will be asked if they want to support the campaign by buying a $5, $10, and/or $20 bag for someone in need in our community or to round up their change. Little Brown Bags which are filled with nutritious items that will help families extend their meal planning, can also be purchased at any self-scan register as well.

Virtual Little Brown Bags of Hope will also be available for purchase online by simply visiting https://www.topsmarkets.com/LittleBrownBags so no matter what the weather, a donation can be made right from their phone, tablet, or desktop. Here customers can select what food bank they wish their donation to benefit.

A newly hired superintendent is expected to be approved by the Batavia City School District’s Board of Education during a special meeting next week.

The meeting has been set for 6 p.m. Monday at the Batavia High School library, 260 State St., Batavia.       

A brief meeting agenda lists the board vote about a contract agreement between the new superintendent and the city school district. Two interviews whittled down four potential candidates to two, followed by more discussion, Board President Alice Benedict said.

“And we came to a decision,” she said to The Batavian Friday. “Genesee Valley BOCES Superintendet Kevin MacDonald led us through the confidential search. Nothing will be released until the person’s home school district is notified.”

Part of the process included participation of district personnel and the community, she said. They were part of an audio interview with the candidates and provided feedback about what they wanted to see in the district’s next superintendent. 

The appointment is to be announced on Monday, followed by an official vote on the new superintendent's contract, Benedict said. The contract is to begin on Jan. 3, 2022.

A vehicle has reportedly hit multiple vehicles on West Main Street Road, Batavia, in the area of McDonald's.

The driver is reportedly an elderly male.  It may be a medical issue.

Two vehicles are blocking traffic.

Town of Batavia Fire, Mercy EMS, and Le Roy Ambulance responding.

A tree is down and blocking both lanes of Traffic on Route 33 near Lovers Lane in the Town of Batavia.

A deputy on scene has requested the assistance of another patrol to help with traffic control at Lovers Lane.

DOT has been notified and is dispatching a crew.

Emily Dorianne Smith, 36, of Wilkinson Road, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal sale of a controlled substance 3rd, criminal nuisance 1st, and endangering the welfare of a child. Smith was arrested by members of the Local Drug Task Force following an investigation into the transportation, sale, and possession of cocaine in and around the City of Batavia.  Smith was arraigned in City Court and released on her own recognizance.

Brian John Miller, 40, of Ellicott Street Road, Bethany, is charged with DWI, refusal to take breath test, aggravated unlicensed operation 3rd, moved from lane unsafely. Miller was arrested following a traffic accident at 6:40 p.m., Oct. 29, on Ellicott Street Road, Bethany. Miller was the sole occupant of his car, which overturned. Miller was able to extricate himself from the vehicle and was arrested at the scene by Deputy Andrew Mullen.

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with harassment 2nd. Deputies responded to an address on Putnam Road, Bethany, at 3:53, Nov. 2, following a complaint. Following an investigation, Vanskiver was arrested by Deputy Morgan Ewert on the charge of harassment. Vanskiver is accused of striking another person. He was released on an appearance ticket.

A view of Veterans Day at the VA Hospital and the Upton Monument.

And below, a replay of our documentary on the Upton Monument.

Even though there are plenty of ceremonial activities for veterans to attend on Veterans Day, it’s sometimes necessary to bring the ceremony to the veteran.

And that’s exactly what the family members of Eugene DeFedericis decided to do this year. They not only planned a special day to honor his military service, but also for a little public recognition on his birthday, which happens to fall on Nov. 11 as well. 

His granddaughter-in-law, Stacey DeFedericis of Batavia, told The Batavian Wednesday of the surprise. 

“This is a salute to Veterans Day and to Eugene’s 97th birthday,” she said. “This is something special for him and his two great-grandsons. My boys are non-stop listening to his stories; they fell in love with him the moment they met him.”

Eugene, of Attica, is the grandfather of Jason DeFedericis, Stacey’s husband. He served in the United States Army during World War II and was stationed in Germany, France and Austria. A corporal C 5, the grand patriarch likes to share war stories and also serves as a role model for great-grandsons Abel, 6, and 4-year-old Haiden, Mrs. DeFedericis said. 

“He tries to instill being well-mannered and to present themselves to be the gentlemen they’re supposed to be,” she said. “He’s a strong guy, and very polite.”

The family has photos and articles of Eugene from his service days during 1944 to 1947. A framed collection of ribboned medals and one for sharp shooter is behind glass to protect the tokens of his service.

He has a flag up at his home and often wears a veterans WWII baseball cap, she said. Perhaps a given, he is “very, very patriotic,” she said, and used to travel around the county to various veterans ceremonies. He cannot walk as well as he used to, which prompted the family party at his home on Thursday. 

“It’s just a ceremony to say thanks, and for his birthday,” she said. “I’m just trying to do something special for him; it’s to show him he’s loved. I want him to know he’s still loved by us.”     

Photo: Veteran Eugene DeFedericis is flanked by great-grandsons Abel and Haiden, with grandson Jason and son Bob behind him. Photo submitted by Stacey DeFedericis.