batavia

An accident with injuries and possible shots fired reported on Galloway Road, between Downey Road and Kelsey Road, Batavia.

The report is that a driver swerved to miss a deer and a hunter fired at the deer.

Town of Batavia fire dispatched but to stage at Fire Hall.

Mercy EMS dispatched.

Deputies are responding.

UPDATE 11:05 a.m.: Per a deputy on scene, Town of Batavia fire assignment is back in service.

UPDATE 4:06 p.m.: Per the Chief Deputy Gordon Dibble, reports of hunters firing rounds in the area were not substantiated. Initial investigation indicates a driver was eastbound on Galloway Road when two deer ran in front of the vehicle from the north, causing the driver to swerve. The driver struck a fire hydrant, shearing it off, in the area of 3321 Galloway. There were no injuries.

Janet L. Gatley, 48, of Niagara Falls Boulevard, North Tonawanda, is charged with falsifying business records, 1st, criminal possession of a controlled substance, 7th, petit larceny, and violation of public health. Gatley is accused of stealing numerous controlled substances from UMMC, where she was employed. The alleged thefts were investigated by Batavia PD and the State Attorney General's Office.

Jordan J. Schunk, 18, of Alexander Road, of Alexander, is charged with unlawful possession of marijuana. Schunk was allegedly found in possession of marijuana while in DeWitt Recreation Area after hours, at 8:58 p.m. Monday.

Jammie Lee Brown, 26, of Gates-Greece Townline Road, Rochester, is charged with harassment, 2nd. Brown is accused of grabbing and pushing another person while at a gas station on Route 19, Town of Le Roy, at 4:31 p.m. Thursday. Brown was jailed on $250 bail.

Kenneth Carl Niles, 26, of Route 88 North, Newark, is charged with petit larceny. Niles is accused of shoplifting from Walmart. Also charged, Scott James Gunkel, 38, of North Main Street, Newark.

Collin Wickings, 24, of Bergen, is charged with first-degree sex abuse. Wickings is accused of sexual contact with a child less than 11 years old. Wickings was arrested as a result of an investigation by State Police. No further information released. The investigation is pending.

A few hundred people came out this morning getting their excercise in before today's Thanksgiving holiday sponsored by The Kiwanis Club of Batavia. This has been a great tradition enjoyed by many people.

Today, Vic Marchese, owner of Main St. Pizza Company, presented a $3,309 donation to Genesee Cancer Assistance. The funds were raised in October through the sale of large pizzas -- delivered in a pink pizza box -- with $1 from each large pizza sold going to the charity.

Pictured, Fred Hamilton, Lori Kurek, Sue Underwood, Nickie Fazio, and Vic Marchese.

Batavia High School's Drama Club performs "Sally Cotter and the Censored Stone," a parody by Dean O'Carroll, next weekend.

Showtimes are 7:30 p.m., Dec. 1 and 2, and 2 p.m. on Dec. 3.

Tickets are $8 for adults, $6 for students and seniors. Tickets are available at the door.

The cast:

• Sally Cotter, Eryn Dunn
• Sally's Mother, Tanner Kolb
• Reubenon Ryebread, Cameron Bontrager
• 1st Censor, Madeline Keenan
• 2nd Censor, Alicia Scroger
• Dave, Pierce Corbelli
• Harmonica, Elise Hoerbelt
• Ursa Malaise, Parise Ricks
• Ed Molar, James Weatherbee
• Professor Athena McDonaldsa, Tanner Kolb
• Professor Shiftia Shape, Aubrey Towner
• Professor Albatross Underdrawers, Evan Bellavia
• Aaron A. Ardvarkovich, Gavin Tucker
• Shea'mon Canavan, AT Thatcher
• Navel Longfellow, Samuel Rigerman
• Polly Pixie, Emily Kilner
• Poppy Pixie, Riley MacDonough
• London Liverwurst, Lillian Whiting
• Val Crabby, Courtney Lougheed
• Gerry Boyle, Oliver Havens
• Freesia Chestnut, Jordyn Mott
• Kitty Ball, Macayla Burke
• Chloe Crane, Claire Griffith-Sarkis
• Patty Petronia, Laura Lepkowski
• Hedgerow the Owl, Phoebe Fryer

       Joseph James

Joseph B. James, 36, of Central Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

James is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions last month. 

Task Force members arrested James at the County Courts Facility while he was being sentenced in an unrelated case.

He was jailed without bail.

His arrest comes following an investigation into the sale, transportation and possession of crack cocaine in the City of Batavia.

The District Attorney's Office assisted in the investigation.

       Adante Davis

The final defendant in a four-man team involved in a home invasion of a residence on Central Avenue in October 2016 entered a guilty plea to attempted burglary in the second degree in Court today with an agreement to serve five years in prison.

That's the sentence his compatriots received after their guilty pleas earlier this year.

Adante Davis will be sentenced at 1:45 p.m., Dec. 21.

Davis managed to evade capture for a year while Daniel Gilbert, Marquis Saddler and Oliver Thomas all agreed to guilty pleas and are now serving five-year prison terms.

The attack occurred at about 11 p.m. Oct. 28 last year. The four men entered the apartment and, according to witness statements obtained by The Batavian, several family members and a friend were at the residence when they heard a knock on the door. 

When one of the residents answered the door, four men rushed in and started hitting one of the men in the home. A resident chased them off with a baseball bat and then there was a confrontation in the street before all four men fled the scene.

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As friends and customers have found out her plans, people have told Kathy Ferrara, "This must have been your dream all along" -- becoming owner of Batavia's Original.

That's not the case, said Ferrara yesterday, hours after closing a deal with the previous owner, Jeff Reddish, of Rochester, to buy the popular local restaurant.

"I never planned on buying it," Ferrara said. "I just enjoyed what I did. I did it 100 percent. I was trustworthy. This wasn’t my plan. It was definitely that God wanted me here. I’ve tried leaving a couple of times and He made it really clear that this is where I’m supposed to be. He made this happen so only good things are going to come from that."

Before Batavia's Original was Batavia's Original, it was Pontillo's, Batavia's first pizza parlor, and Ferrara started working for Sam and Betty Pontillo 29 years ago as a waitress.

Sam and Betty, she said, took her under their wings and taught her the pizza business from top to bottom. She was trained in every job in the restaurant.

By the time Sam and Betty's sons took over, she was a manager.  

When that business collapsed in 2010, Ferrara was the one who broke the news to the staff.

When Reddish bought the business and the building at 500 E. Main St. out of bankruptcy, it was Ferrara that Reddish called to run the business.

"Jeff Reddish taught me the ins and outs of the business," Ferrara said. "He taught me how to make payroll and meet food costs together. He was a good teacher. He was great to work for, a really good boss, fair, basically let me do things the way we've been doing all these years."

Earlier this year, Ferrara asked Reddish, who owns restaurants in Rochester, if she could become a partner in the Batavia location.

"He wasn’t looking to sell," Ferrara said. "He wasn’t going to put it on the market. That wasn’t in his plan at all. I approached him and he said ‘I’m not looking to sell, but I would sell it to you.’ He’s the one who got the ball rolling and made it happen.”

Ferrara is a graduate of Pembroke High School and Genesee Community College. She is married with three children, Ashley, Mary-Grace, and Daniel, and one grandson.

Local ownership of the restaurant is important to Ferrara, she said. She will have more control over local promotions, support of local charities and organizations, and who she hires as vendors.

"Now that it is locally owned again, that makes a big difference," Ferrara said. "Everybody I’ve dealt with so far, the website designer, maintenance, plumbers, they’re all local. So everything is back local, in Genesee County, so that only helps the community."

She will keep the name, Batavia's Original, picked after Reddish learned he couldn't retain the name Pontillo's. Ferrara said it only makes sense.

"This is the original pizza of Batavia," she said. "It’s the same recipe. We haven’t changed any of the recipes."

The return of Pontillo's/Batavia's Original to local ownership will be celebrated with a ribbon cutting at noon on Saturday.

Ferrara said she will also continue Sam and Betty's tradition of taking good care of the staff and ensuring restaurant guests get great service.

"Everybody is treated fairly," Ferrara said. "It’s a fun environment to work. I always work around their schedules. The staff is mostly college students and high schoolers."

Being able to do more for the staff of 35 employees is another reason Ferrara was motivated to buy the business, she said. Taking care of employees pays off in better customer service.

"Anybody who comes here to eat will always leave with a good experience," Ferrara said. "Everyone who works here gives 100 percent. I get compliments all day long about the staff. People say they look like they love it here and they do. That’s something the Pontillos taught me, is how to treat the staff. Sam and Betty treated everybody like family."

Photos by Steve Ognibene.

Around 61 percent of firefighters get occupational cancer in the line of duty, according to an article in the NFPA Journal. (NFPA stands for National Fire Protection Association.)

Lieutenant Mahlon Irish Jr., of the City of Ithaca Fire Department, is one of those 61 percent. Irish was diagnosed with prostate cancer in 2014. Firefighters from four different counties traveled to Batavia City Centre on Monday to hear him share his story as a prostate cancer survivor.

“We have proof that there is a link between our job, whether it's volunteer or career, as a firefighter, and cancer,” Irish said. “We have proof that’s happening.”

Irish has almost 44 years in the fire service. He spent 30 years as a NYS Fire Instructor, served the City of Ithaca for more than 22 years as a firefighter and lieutenant, and past chief and current member of the Homer Fire Department.

“The risk doesn’t end when we hang up our gear,” Irish said. “Our exposure to some of these chemicals go on for [a long] time.”

Irish educates firefighters about the increased dangers of cancer. He said a lot of the information from studies he shared is relatively new.

“We did not know about a lot of this five years ago,” Irish said.  

Multiple chemicals are released in fires, including hydrogen cyanide, an extremely poisonous gas that was used in gas chambers.

“Because of what is burning today, we are seeing more and more hydrogen cyanide,” Irish said.

Fires 20 or 30 years ago were “natural fires,” mostly wood, Irish said. They are seeing more hydrogen cyanide being released, because of carpets, plastics, TVs, and other objects that are burning.

Irish spoke about the contamination of firefighters' bodies from today’s fires and how it affects them. He recommended for firefighters that go into a fire, they need to shower and wash their gear immediately afterward.

“[Chemicals] still get there,” Irish said. “They penetrate our turnout gear, our undergarments, all the way through T-shirts and gets to our skin.”

Stefano Napolitano, Batavia’s fire chief, said they are looking to enact different methodologies and techniques to reduce the exposure.

“Cancer doesn’t know career or volunteer,” Napolitano said. “Cancer doesn’t know urban, suburb and rural.”

Irish shared his story about issues of being diagnosed, his pre-and post-radical prostatectomy surgery, and the physical, mental and financial impacts of living with prostate cancer.

“I am living with cancer and I made the choice to not let this cancer negatively affect my life,” Irish said. “It has affected my life in some ways I can’t change, but I choose to make it on the positive side.”

Irish showed the audience multiple hoods, comparing them, discussing which ones would protect firefighters the best. 

The protesters chanted "no more burnt fingers" and carried signs in support today of the invention of Andrew Young Jr., which is a toaster that shoots the toast onto a plate after it's perfectly browned.

Andrew came up with the invention after watching his grandma burn her fingers trying to get toast out of a toaster and entered his idea into a national contest sponsored by Frito-Lay that, if he wins, could lead to a $250,000 prize for the Alexander High School student.

"For far too long, people have suffered with burnt fingers from their toaster when the technology has been invented for us," said the young inventor's father, Andrew Young. "According to Andrew, we can make it happen."

The "protest" today was held to draw more attention to his invention and get people to vote for it in the contest.

To vote, go to AndrewsInvention.com and click on the Vote for Andrew button.

Batavia resident Tom Williams, Andrew's Invention supporter said, "I do agree that this protest is long overdue. For far too long, people, especially grandmas, have been suffering from toaster-burnt fingers when the technology to avoid it has been right in front of us. It took Andrew 'Thomas Edison' Young Jr. to bring us out of the Dark Ages."

The protesters want to remind you: You can vote daily and you can vote once each day from every device you own. You have six days left to vote.

Photos and information provided by our news partner, WBTA.

      Cory Jackson

Cory D. "Stacks" Jackson, 34, of Oriole Street, Rochester, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Jackson allegedly sold crack cocaine to an agent of the Genesee County Local Drug Task Force on two occasions in August in the City of Batavia. 

He was arrested on a sealed grand jury indictment during a traffic stop on Pearl Street yesterday. 

He was ordered held without bail.

Jackson was identified as a suspect during an investigation into the sale, transportation and possession of crack cocaine in the City of Batavia.

Assisting in the investigation was Batavia PD, the Sheriff's Office, and the District Attorney's Office.

      Lionel Anderson

Lionel J. "Chicago" Anderson, 45, of Oak Street, Batavia, is charged with two counts of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance.

Anderson is accused of selling crack cocaine on two occasions in August to an agent of the Local Drug Task Force. 

Anderson was arrested at his residence last week. 

He was jailed without bail and held for further court proceedings.

Anderson's arrest comes as part of an investigation into the transportation, sale and possession of crack cocaine in and around the City of Batavia.

State Police, Batavia PD, and the District Attorney's Office assisted in the investigation.

John J. Caez-Gonzalez, 30, of Exchange Street, Geneva, is charged with first-degree criminal contempt, aggravated family offense, and second-degree burglary. Caez-Gonzalez allegedly had contact with several individuals he was ordered by court order not to contact at 7:44 p.m. Nov. 14 at a location on State Street. Caez-Gonzalez was also charged with second-degree criminal contempt stemming from an alleged incident reported at 12:02 p.m., Nov. 15.

Anna R. McCue, 30, of Norris Avenue, Batavia, is charged with DWI and moving from lane unsafely. McCue was reportedly involved in an accident at 6:28 p.m. Nov. 10 on Bank Street, Batavia. The accident was investigated by Officer Christopher Lindsay.

The City of Batavia ranked favorably when compared to other cities in New York State in taxes per capita and expenditures per capita, despite receiving less in state and federal aid, according to 2016 local government and revenue statistics compiled by the Empire Center, an independent, nonprofit think tank located in Albany.

“While I haven’t taken a real close look at the report, I can say that it does reflect positively on the city’s budget compared to other cities based on the rankings,” City Manager Jason Molino said this morning.

The Empire Center’s report lists the city’s per capita dollar amounts for taxes, debt, revenue and spending and breaks them down into 33 different categories. It has Batavia’s population in 2016 as 15,465.

The city’s assessed value per capita was $35,595 – less than the Upstate area’s medium city average of $40,516 – and its taxes per capita were $803 – less than the $921 Upstate area average. The $803 figure is on the low end of the state’s rankings at 39^th out of 61 cities, other than New York City, and 27th out of the Upstate area's 48 cities.

What that means is that residents of 38 other cities in New York and 26 other cities in the Upstate area paid higher taxes on a per-person basis.

Furthermore, Batavia’s debt per capita was $653, well below the $1,640 Upstate area medium city average, ranking 51^st across the state and 39th in the Upstate area.

On the revenue side, Batavia received $1,903 per capita in total revenues, less than the $2,301 city average, which ranked 44^th in the state. The city received $193 in state and federal aid per capita, again much less than the average of $356 and ranking in the mid-40s across the state.

The report showed Batavia’s total expenditures per capita to be $1,479, more than $500 less than the state city average of $2,051, which resulted in a ranking of 52^nd out of 61. Among expenditures, only Batavia’s spending for utilities per capita was higher ($229 compared to $154) than the average.

City Councilman Adam Tabelski said the report's "key indicators -- taxes, debt and spending -- are things that are directly under our control, and the objective data shows that we're managing things well."

According to its website, the Empire Center’s mission is to make New York a better place to live and work by promoting public policy reforms grounded in free-market principles, personal responsibility, and the ideals of effective and accountable government.

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The theft of a cash box from Plaza Spirits in Eastown Plaza in Batavia last Thursday had a familiar ring to Kevin Rathod, owner of Mr. Wine and Liquor in the Tops Plaza, so he went back and reviewed his own surveillance video from a similar theft in his store this past August.

In that video, at least one of the suspects looks to be the same man suspected in photos from the Plaza Spirits heist.

According to Rathod, two men worked in tandem one afternoon in August to enable one of them to steal a casher's purse from a backroom. The thieves made off with $500 cash and a credit card. The credit card was used to run up $1,100 in charges, including purchases at another local liquor store.

Batavia PD confirmed the crime was reported in August and it's possible the larcenies are related.

At least one of the same men, using the same mode of operation, appears to have been involved in a theft from a liquor store in September in Rochester, according to this 13WHAM report. In that case, the accomplices allegedly made off with $10,000. 

The system these alleged thieves are using, Rathod said, is for one subject to distract an employee or employees while the other scouts for something to steal and then makes off with the item.

"I think local business owners should be aware of what's going on," Rathod said.

Below, video shared with The Batavian by Rathod. Note that we edited it to remove as much as possible views of an unrelated individual who walked into the store. The suspect who looks similar to the suspect in photos from Plaza Spirits is the man in the white T-shirt.