batavia

Press release:

On Monday, members of the Le Roy Moose Lodge donated a dozen plush stuffed moose toys to United Memorial Medical Center’s Emergency Department. The Tommy Moose program is a national initiative started by the nonprofit Moose International. The toys are distributed to children in crisis by police officers, firefighters, emergency responders and hospitals. The friendly looking toys comfort and distract children in traumatic situations.

The toys donated to United Memorial were purchased by Moose members Judy Mills, Catherine Campbell, Shirley Schutt, Malinda Dykstra and an anonymous donor to the lodge. More information on the Tommy Moose program can be found at www.MooseIntl.org.

Pictured in the photo from right to left are Catherine Campbell, UMMC registrar, Bonnie Bezon, Emergency Room nurse manager, and Judy Mills.

Bernadette Smart sent in this photo of her son Brandon and his friend Jeryll Cherry at Tops Market on Monday where they were bell ringers for the Salvation Army. Bernadette said their video game character masks were a big hit with shoppers.

If you would like to volunteer to ring the bell for Salvation Army, contact Major Robert at 343-6284.

A two-car accident with injuries is reported on Veterans Memorial Drive in the area of Office Max and Walmart.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 4:10 p.m.: Three minor injuries reported. One person with chest pain from airbag deployment and two with facial injuries.

Press release:

Join in the holiday spirit at the first “Taste of the Holidays” on Friday, Dec. 2 and Saturday, Dec. 3 in the Holiday Tent at Jackson and Main streets.

Friday, Dec. 2 (5:30 - 9 p.m.):
5:30 p.m. - Lighting of the community Christmas tree and singing of carols. Tree is next to Bank of America on Main Street.

In the Holiday Tent (6 to 9 p.m.): More than 10 great area restaurants will be providing a tasting of their menu specialties. They will be handing out coupons and selling gift certificates for the holidays. For entertainment, the OHMS Band will be performing. The cost is $5 per person and children are free.

Community bonfire on Center Street (across from Adam Miller Toy)

Saturday, Dec. 3 (11 a.m. - 3 p.m.):
In the Holiday Tent: Free holiday activities for the children, i.e. decorating ornaments and other holiday crafts). Holiday gift items for sale by local organizations. Entertainment: Bart Dentino & Kevin Huber and the McMahon Irish School of Dance.

Horse & Wagon Rides on Center Street (12 - 3 p.m.): Rides cost $1 per person with proceeds going to the Donny Carroll Toys for Kids fund.

Hosted by the Batavia Business Improvement District.

For more information visit: www.downtownbataviany.com or Facebook: downtown Batavia Business Improvement District.

The driver of a minivan allegedly ran a red light this morning, according to Officer Dan Coffey, causing a three-car accident that sent all three drivers to UMMC by ambulance for treatment and evaluation.

Coffey was in his patrol vehicle, westbound on Ellicott Street, waiting to make a left-hand turn when he saw the van go through the intersection.

His view was obstructed at the point of impact, but the southbound van hit one northbound car, causing it to spin around and strike another northbound car not once, but twice.

Coffey said the driver of the minivan will likely be cited for an infraction, but had not yet completed his accident report.

None of the injuries are believed to be serious.

Kurt Hamilton Hawkins Jr., 18, of State Street, Batavia, is charged with assault, 2nd. Hawkins, an inmate at the Genesee County Jail, is accused of assaulting another inmate at 4:26 p.m., Thursday. The alleged victim was treated at ECMC where he was held overnight for observation.

Sandra Louis Chilano, 51, of Dodgeson Road, Alexander, is charged with petit larceny. Chilano is accused of stealing $100 while employed at Alexander Deli as a clerk.

Ryan Christopher Riggi, 16, of Ridge Road, Lyndonville, was arrested on a warrant issued by Batavia City Drug Court. Riggi was jailed on $100,000 bail.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with harassment, 2nd. Dilcher was arrested following a complaint of harassment at 2:10 a.m., Sunday on Park Road in Batavia.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with criminal mischief 4th. Dilcher is accused of smashing the driver-side window out of a pickup truck during an argument at a location on Park Road, Batavia. He is is also charged with trespass. Dilcher was allegedly involved in an incident Nov. 20 in the Batavia Downs parking lot. Upon further investigation Deputy Joseph Graff came to believe that Dilcher had been previously banned from Batavia Downs property.

Christopher Jordan Rhodes, 41, of Transit Road, Wyoming, is charged with DWI, aggravated DWI and failure to keep right. Rhodes was stopped at 2:01 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Brian Frieday.

Zachary Michael Rebert, 20, of South Pearl Street, Oakfield, is charged with unauthorized use of a motor vehicle, 2nd, and harassment, 2nd. Rebert is accused of getting into a domestic dispute with a woman, pushing her several times and then taking her car without her consent. Rebert was jailed on $5,000 bail.

John Edward Bird, 70, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at a stop sign, moving from lane unsafely and driving left of pavement markings. Bird was stopped at 9:43 P.M., Saturday, on Chapel Road, Byron, by Deputy Jason Saile.

A two-car accident is reported at Batavia-Elba Town Line Road. Seven people are reportedly in one of the vehicles. Mercy medics and fire personnel are responding to the scene.

UPDATE 8:07 p.m.: Several minutes ago, two more ambulances were dispatched. The roadway is blocked. One vehicle is completely disabled.

Downtown is being transformed into a more festive holiday mood with Christmas lights in one of the parks, next to HSBC, and snowflakes hanging from the street lamps.

A two-car accident with injuries is reported at State Street and Washington Avenue in the City of Batavia. City fire and Mercy medics are responding. It is blocking traffic.

UPDATE 4:40 p.m.: Injuries are minor.

Two Batavia residents were issued tickets in Wyoming County during the opening weekend of gun season for deer hunting.

State Troopers from the Warsaw Station working alongside the Department of Environmental Conservation Police charged 13 people for a total of 20 violations of the Environmental Conservation Law.

They included Daryl S. Mays, who was located on Durfee Road in Middlebury and issued citations for illegal taking of an antlerless deer and failure to tag a deer. He will appear in the Middlebury Town Court.

Also, Rocky D. Gringer, 77, was located on West Middlebury Road and issued a citation for having a loaded firearm in a vehicle. He, too, will appear in the Middlebury Town Court.

The widow of a Wyoming County man who died while in custody of the Genesee County jail has filed paperwork that paves the way for a possible lawsuit against Genesee County, the Democrat & Chronicle reported this morning.

A doctor who was treating Nikko Gambino questions whether Gambino -- who changed his name at some point from Robert Goering -- was given safe access to his prescription medication.

"When somebody is incarcerated you have a responsibility to avoid doing things to them that are going to lead to them dying," said (Dr. Thomas) Walters, a physician based in Livonia. "This is a predictable, preventable death."

Whether Walters' belief is true — namely, that negligence contributed to Gambino's death — could be answered by his autopsy. That autopsy, which would include toxicology results, has yet to be finalized, according to a Genesee County coroner.

As is required in all in-custody deaths, the NYS Commission of Corrections is conducting its own investigation into Gambino's death.

Gambino's wife, Holly Gambino, last month filed a notice of intent to sue the county, alleging in court papers that the death was caused "by withdrawal and other illnesses from medications wrongfully and negligently withheld and/or disallowed by the Jail."

Gambino first made the news locally when he was arrested in September 2010 for impersonating federal law enforcement agents.

He was serving an intermittent sentence in July on that conviction when he was arrested for allegedly smuggling drugs into the jail in a body cavity.

The D&C article says some or all of those drugs were his own prescription medication, which he was allegedly not being allowed to lawfully bring into the jail.

County officials were not able to comment on the case because of possible pending litigation.

There are more trees this year, and more people showed up Friday for the Wonderland of Trees gala at the Holland Land Office Museum, according to Board President Bob Turk.

The display of trees decorated by local groups and businesses runs through Jan. 3, with a children's gala set for noon to 4 p.m. on Dec. 17.

Ann Reid, representing the Genesee Symphony Orchestra, accepts a plaque to be placed on a new display of historical items and pictures donated to the Holland Land Office Museum commemorating the orchestra's long history in Genesee County.

A Batavia resident has been arrested and charged with rape in the first degree.

The alleged rape was reported Oct. 17.

Arraigned in Town of Batavia Court and jailed without bail was Oscar Donaldo Ramirez-Castanon, 33, of Lewiston Road, Batavia.

Ramirez-Castanon is accused of using force for sexual intercourse against a woman in Batavia.

When I stopped into M&T Bank in Batavia late this afternoon, I was greeted by an enthusiastic group of Girl Scouts selling Girl Scout cookies. It's that time of year -- have you bought yours yet?

It's the kind of call that probably doesn't fail to get under your skin, even if you have thick skin. A Sheriff's deputy was called to 3526 Galloway Road in the Town of Batavia within the past hour to check on an emaciated dog.

The poor pooch it seems was left behind when the occupants left. The house is reportedly in foreclosure and a rep for a foreclosure agency contacted authorities about the dog, who was chained up outside, apparently without food, since he sounds to be in bad shape.

Animal control is not on duty today, so it falls to the deputy to get the animal control paddy wagon and rescue Man's Best Friend. No other details were provided.

Wanted: hero.

UPDATE Nov. 19, 1:22 p.m.: I called the animal shelter to find out more about the dog, only to learn that: "The dog was not rescued. It apparently belonged to a neighbor."

So a dog described as being without food and water, "emaciated" and tied up behind a house that is in foreclosure is actually a pet owned by the people next door, or nearby, on Galloway Road. Strange to say the least. Didn't anyone miss him or hear his cries for help? This poor thing is back home. We can only hope that's a good thing.

This week the Genesee County Grand Jury issued the following indictments.

Bradley A. Clark is accused of criminal mischief, 2nd, a class D felony, for allegedly intentionally damaging another person's property on May 22. He is alleged to have damaged a 2007 Ford Fusion in an amount exceeding $1,500. He is also accused of criminal contempt in the first degree, a class E felony, because he allegedly violated an order of protection in the City of Batavia on May 22 and caused property damage exceeding $250. In a separate indictment, Clark is accused of first-degree Gang Assault, a class B violent felony. On July 3, he allegedly intentionally caused serious physical injury to another person and was aided by two or more persons present. In count two of the second indictment, Clark is accused of using a dangerous instrument, his footwear, to seriously injure a person in the area of Center Street in the city. That is a class B violent felony -- first-degree assault.

Ronald L. MacGregor is accused of knowingly using a forged prescription for the drug Oxycodone on Oct. 1, 2010, in the City of Batavia. He is also accused of criminal possession of a forged instrument in the second degree. Between Oct. 5, 2010 and Sept. 28 of this year, he allegedly used a falsely altered prescription for Oxycodone in the Village of Le Roy. Both counts of the indictment are class D felonies.

Shannon M. Graham is indicted for a misdemeanor crime of driving while intoxicated. It is alleged that on June 9, in the Town of Alexander, Graham drove a 2001 Hyundai on routes 20 and 98 while intoxicated. In count two of the indictment, Graham is accused of aggravated unlicensed operation in the first degree, a class E felony. Graham, it says, should have known his license was suspended and that he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine.

Jose L. Morales is indicted for burglary in the third degree, a class D felony, for allegedly knowingly entering a church in Bergen with the intention of committing a crime some time between Jan. 10 and Jan. 11. He is also accused of criminal mischief in the fourth degree, a class A misdemeanor, for allegedly intentionally damaging another person's property. This included a rear door, office doors, furniture and file cabinets. In the third count of the indictment, Morales is accused of petit larceny, a class A misdemeanor, for allegedly stealing money and postage stamps from a church in the Town of Bergen.

I went out to the Genesee Valley Agri-Business Park this morning to meet WHAM13's Sean Carroll and the amount of progress that has been made by construction crews since Tuesday was noticeable.

It was impressive seeing more than a half-dozen pieces of heavy machinery moving around the 81-acre parcel at breakneck speed. There is a clear sense of urgency to complete phase one of construction before the worst of winter sets in.

And seeing the sewer lines being installed felt like another piece of the puzzle falling into place. The Cedar Street sewer line connecting Main Street and the ag park was only finished last week.

PepsiCo started construction as soon as the sewer line project was complete, even though not too many major construction projects in WNY begin in the middle of November. Somebody is pretty serious about being ready to begin physical plant construction in the spring.

Carroll's report tonight on Rochester's Channel 13 will be not just about Project Wave, but the scope of the uptick in activity at the ag park and what it means for Genesee County.

Kevin G. Viehdeffer, 51, of 334 W. Main St., Batavia, is charged with falsely reporting an incident, 3rd. Viehdeffer is accused of calling the Emergency Dispatch Center and requesting an ambulance for himself when he, in fact, did not need medical attention. Investigators claim Viehdeffer made the call merely to test the response time of personnel.

Tori Ann Jewell, 34, Thomas Avenue, Batavia, is charged with petit larceny. Jewell is accused of stealing $16.19 worth of merchandise from Kmart.

Michael Law Kennedy, 26, of Prospect Street, Batavia, is charged with aggravated harassment, 2nd. Kennedy is accused of sending several text messages threatening physical harm to the alleged victim and his family. Kennedy was arraigned in Stafford Town Court and ordered to stay away from the alleged victim.