batavia

(Updated 3:18 p.m.)

The wells of three homes on State Street Road in the Town of Batavia have been contaminated by the deadly bacteria known as e-coli, according to the county's Interim Health Director Randy Garney.

The likely cause of the contamination, according to Garney, was the spreading of manure on nearby farm fields.

The three homes are located between the airport and the Genesee County Emergency Management Office.

Residents contacted the health department Monday complaining about discolored water and a funny smell, Garney said. The water was tested on Tuesday and positive results came back Wednesday.

Resident Joe Pionessa (pictured), who has lived on State Street for 22 years, said his water tested positive for bacteria, but no e-coli, though he believed neighbors on both sides of him did have e-coli in their well water.

He said it wasn't a big deal. He doesn't drink water ("I know what fish do in it," he said), and he thinks his water has already cleaned up quite a bit (he dumped chlorine in it after noticing the funny smell on Thursday).

He doesn't want negative publicity for the farmer, whom he said he's known for years and he believes was following state guidelines.

"Stuff like this happens and he certainly didn't do anything maliciously," Pionessa said. "He was very apologetic. Shit happens, and this time it happened here."

Somebody, he said, possibly the farmer, left three cases of bottled water yesterday on Pionessa's front steps.

Letters have been sent to 44 of the surrounding home owners in both Batavia and Elba warning them of the potential contamination and asking them to contact the health department to have their water tested if they suspect any contamination.

The test is free.

Emergency Management Coordinator Tim Yaeger said test results of the well water at the county building came back negative this afternoon. Not that it mattered much, Yaeger said, since personnel there have drank bottled water since the day the facility opened.

Because the wells were contaminated from a ground water source, it's probable that the residents will never again be able to use the wells for potable water.

Town of Batavia Supervisor Greg Post said the Town has already started the process of helping the residents determine if they want to create a water district and hook their homes into the public water system.

This sort of contamination is a common issue in the Town of Batavia, according to Post.

"We anticipate that this will be an issue until every household in the community is on public water," Post said. "The only solution to this is to ensure that well water is no longer the primary source of water because all well water is at risk."

While the town doesn't supply water, they do have resources available to help with getting the engineering done, the cost analysis and setting up the process of putting homes on public water

"There is a process and we’re certainly already mobilized," Post said.

There was a similar problem on Ellicott Street Road two years ago, where a farmer was "guilty of farming" -- spreading manure in accordance with state regulations -- and more than 100 homes were effected by e-coli contamination. The town was able to help expedite the process of getting the homes on public water.

Growth is what most small business owners aim for, and Marc and Michelle Johnson reached an important milestone last month -- they moved from retail space they rented on East Main Street, Batavia, to a location on Washington Avenue that they own.

The Johnsons set up shop for Millennium Computers, founded in Batavia in 1997, in the former real estate office of Feary Cohen.

Marc Johnson said he had been planning for a couple of years to move Millennium into space he owned and bought vacant land on Washington next to the Cohen office a couple of years ago.

This past summer, he said, Howard Cohen called him and offered him the Feary Cohen space. It was a deal he couldn't pass up, he said.

"As an entrepreneur, you want to keep reinventing yourself," Johnson said.

While the new space is smaller, that's better Johnson said. It enables him and his staff to work more efficiently. They can handle multiple projects more easily.

It also helps that they were able to redesign the office -- which is based on a plan created by Michelle -- to suit their needs.

The office is designed, he said, for efficiency and openness, so that when needed, customers can work directly with the tech fixing or upgrading their computers.

And there's room to grow, either on the vacant parcel to the east or on the south side of the building.

"If business continues to increase the way it has over the past two years or so, I don't see any reason why we won't be able to expand," Johnson said.

Reginald Wilson, charged with burglary, 2nd, and facing a possible life prison term for his alleged part in a break-in on State Street in September, has a new attorney.

Wilson has hired Fares Rumi of Batavia. In court this morning for the change of attorney notice, Rumi politely asked Judge Robert Noonan if his client might have a chance to reconsider a plea offer he turned down a week ago.

"No Mr. Rumi, it doesn’t work that way," Noonan said. "His time is gone."

Rumi replied, "we're ready to proceed to trial."

The trial is scheduled to begin with jury selection at 9 a.m., March 29.

Wilson will be tried on charges of burglary 2nd and criminal possession of stolen property. If convicted of either, District Attorney Lawrence Friedman could ask Noonan to impose a life sentence.

The 37-year-old Rochester resident have five prior felony convictions.

Three other individuals were reportedly involved in the alleged burglary, which frightened a woman who was home at the time. Two of the alleged cohorts have said in statements that Wilson did not participate in the burglary.  One individual will testify that Wilson was there.

Wilson was arrested, reportedly, after beging caught driving a car stolen from the residence.

Previously, Friedman offered Wilson a felony conviction of possession of stolen property and 2- to 4-years in state prison.

In other court news:

Warren T. Cotton, accused of operating a meth lab at 13 Ross St., Batavia, will be arraigned in Federal court this afternoon on a charge possession with the intent to manufacture substances with a detectable amount of methamphetamine. The local charges against Cotton will be dropped.

Chad M. Johnston, 23, who admitted Feb. 24 to attempted burglary, 3rd, for a break-in at 15 Fairway Drive, Batavia, was sentenced today. Johnston will serve 1 1/2 to 3 three years in supervised parole. Johnston will first serve six months in a drug rehab program at Willard Drug Treatment Campus.

Rebecca Jo Cornell, 35, of 439 Sandhill Road, Caledonia, is charged with trespass. Cornnell is accused of going into the Batavia Target store after being barred from the store for allegedly shoplifting in January.

Robert May, 66, of 9339 Warsaw Road, Le Roy, is charged with DWI, consumption of alcohol in a motor vehicle and no or inadequate headlights. May was stopped at 7:27 p.m., Wednesday on Park Road by Deputy Bradley Mazur.

After beating Wellsville (17-5) at the Blue Cross Arena last night 64-41, the Batavia Blue Devils advance to the Far West Regional title game.

Batavia will play Olean (20-2) at 4 p.m., Saturday, at Buffalo State College.

Co Co Irvin led the Blue Devils with 19 points. Andrew Hoy and Josh Budlong each added 15 points. Justin Washington scored nine points and had 11 rebounds. Budlong had 5 three-point goals.

It's going to be a struggle to get through the next month, says Robin Lewin. She, her husband and two teenage daughters are living in an RV parked in the driveway of 28 South Main St., Batavia.

The house they rented there was knocked off its foundation Monday afternoon when it was struck by a truck reportedly driven 19-year-old Louis M. Reeb, of Corfu.

Reeb has not been charged with any crimes yet, but Lewin said investigators have been asking her and her husband questions.

Reeb remains in Strong Memorial Hospital in satisfactory condition.

The pickup slammed into the west side of the two-unit house and demolished the steps leading to the second-floor entryway. Two-by-fours now prop up the west wall.  The east wall is bowed and the cinder-block chimney is cracked at the seams between two blocks.

The second-floor tenant, Luz Castro, was nearly struck by the truck as she waited outside for her daughter's school bus. We have no word on where Castro is staying now, but the Lewin family is preparing to move.

They are getting their belongings out of the portion of the house they are allowed to access (at least one room is locked off because of safety concerns) and moving them to storage.

"I don’t know what we’re going to do," Lewin said. "My youngest daughter’s got three more months to graduate and after that we were going to leave state."

This month, she said, they don't really have enough money for necessities. Her mother, Barbara Waterstraw, a Newark resident, was visiting Monday and in the house at the time of the accident. She has sent some money to help, but Lewin said it's still not enough.

Her husband David works in landscaping, but that business hasn't started for the season yet.

David and Robin have two daughters, Amanda, who has graduated high school, and Danielle, who attends Batavia High.

"We’ll be fine by next month and then we’ll have money for heat and food and stuff like that," Lewin said. "We’ll be fine. It’s just that this month we’ll be struggling with everything."

It was a twist of fate that Robin was even home the day of the accident. She had originally been scheduled for heart surgery in Rochester, which was why her mother was in town, but after further examination that morning, her doctor determined the surgery was unnecessary.

"I was thinking, what would happen if he did the surgery and the girls were in the house all by themselves?" Lewin said. "They were going to stay by themselves for one night. I thank God that he let me come home. I just thank God nothing happened to them."

Zach Walsh casts his lure into an inlet of the Tonawanda Creek by Law Street, near where he lives. The 16-year-old said the inlet is one of his regular springtime fishing holes. Last spring, he said, he caught a pretty good pike there. Zach was kind enough to fill me in on a few other good spots right in the neighborhood.

Elba Central School District is leading Genesee County schools in the percentage of students who graduate from high school, according to a report released by the New York Education Department.

Elba's 97-percent graduation rate is well above the state average of 74 percent.

Superintendent Joan Cole told WBTA that teachers pay close attention to each student in Elba.

"Where there's a concern in terms of student academic performance or any other struggles a child might have in the classroom, we're able to right away address it through working with the family to make sure the students are successful," Cole said. "Teachers are very attuned to the kids."

None of the schools in Genesee County fell below the state average, but Alexander High came close, with a 76-percent graduation rate.

Batavia's rate was 81 percent.

Principle Chris Daly said because Batavia is larger and in a bigger population area, it has different dynamics to deal with.

"Our goal every year is to get to 100-percent graduation," Daly said. "We look to incrementally increase each year to get there."

He also faulted the state report for not considering the students who complete their education at BOCES, which may take five years.

"That sometimes delays graduation on time," Daly said. "The way the state counts it, they're not graduating on time, yet they'll come out with a skill that will earn them more than some college graduates will have for starting pay."

The other schools: Byron-Bergen, 87 percent; Le Roy, 86 percent; Oakfield-Alabama, 80 percent; Pavilion, 91 percent; Pembroke, 88 percent.

Batavia had 200 freshmen in 2005, the biggest class in the county. Elba's was the smallest, at 33. The next smallest was Alexander with 70.

(via WBTA)

Jessica L. Culver (a.k.a Jessica L. Langmaid) has been indicted on a charge of grand larceny, 3rd. Culver is accused of stealing property between Oct. 29, 2008 and March 17, 2009 from Tonawanda Valley Federal Credit Union with a value in excess of $3,000.

Amanda J. Richardson is indicted on two counts for falsifying business records, 1st, and two counts of petit larceny. Richardson is accused of falsifying a money order record and of stealing $54 from the Mother Goose store in Elba on July 14. She's also accused of falsifying a deposit envelope and stealing $100 on July 24.

The Sheriff's Office is still looking for a man convicted of burglary, 2nd, who has allegedly violated his probation.

A "wanted" release was put out by the Sheriff's Office on Feb. 2 for Christopher A. Laird.

Warrant Officer Eric Olson says that Laird has likely exhausted his places to stay in Le Roy and is probably in the City of Batavia.

Olson asks that people with information on the whereabouts of Laird call 911.

Timothy R. Beszcynski, 22, of 11000 Townline Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and use of a portable electronic device (texting). Beszcynski was arrested by Deputy Howard Carlson after allegedly being involved in a single-car accident on Route 98 in the Town of Batavia at 12:15 a.m., Monday.

Juan Alberto Ramos, 20, of 5215 Clinton Street Road, Batavia, is charged with trespass.  Ramos was allegedly found in a building at College Village after being barred from the premises.

Buckle Up, Batavia.

That's the message from the Batavia Police Department, which will be using grant money from the Governor's Traffic Safety Committee to fund extra enforcement details in the city.

The Police will be looking for front seat passengers not wearing seat belts and issuing tickets. They'll also keep a sharp eye out for drivers talking on mobile phones.

The enforcement details will be in place for several months starting today.

In a statement, officials said:

The goal of the enforcement effort is to raise the seat belt use rate by all front seat occupants. With the use of seat belts, there is a significant reduction in the number and degree of personal injuries in the event of an accident.

Charles H. Wroten, the Level 3 sex offender who lives at 214 S. Swan St., upper, was originally classified as a Level 2 offender at the time of his scheduled release from state prison for raping a 15-year-old girl.

But after the order was signed, prosecutors in the case learned that his prior conviction for burglary in South Carolina was a little more than breaking into the house.

According to court documents (PDF):

[Defendant] did enter into the residence of [the victim] with intent to commit a crime, in that he did enter into the bedroom of a 12 yr old female and did feel her body and did make an effort to get this 12 yr old girl to have sex with him.

Entrance into this residence was at 4:30 AM in the night time.

Wroten appealed the re-evaluation. The document linked above is from the appeals court that heard his case and ruled against him.

The risk level of sex offenders in New York is determined by a worksheet that assigns points for various factors to gauge the likelihood of a person repeating an offense. Wroten's points initially put him at the high end of a Level 2 sex offender, but when prosecutors found out the violent nature of his burglary conviction in South Carolina, it added 15 points to his evaluation, so they sought to have him immediately reclassified as Level 3.

Councilwoman Rose Mary Christian raised the issue of Wroten's residence at the Batavia City Council meeting last night, saying she had received numerous inquiries from citizens wondering what could be done about it.

At her request, an informational meeting has been scheduled for 7 p.m., March 16, with Police Chief Randy Baker and Det. Rich Schauf at the Batavia Police Station.

"It sounded like a bomb going off," said Robin Lewin minutes after a truck being pursued at high speed by local law enforcement slammed in her home at 28 South Main St. in the City of Batavia.

"You should see that one wall. All of my family’s pictures came flying at us. We were at the desk. The whole house shook. It was like, what’s going on?"

Lewin and her mother, Barbara Watyrstrew, who was visiting, her teenage daughter, Danielle (Danielle was not at home at the time) had to immediately evacuate the house, which was knocked off its foundation, causing a gas leak.

The driver of the black Chevy 4x4 pickup truck, who has not yet been identified, was taken by Mercy Flight to Strong Memorial Hospital.

Investigator Kris Kautz of the Sheriff's Office said Deputy Ronald E. Meides spotted the truck allegedly speeding eastbound on Route 33 just west of Reed Road and attempted to initiate a traffic stop.

The truck wouldn't stop, and may even have speed up, with speeds hitting "triple digits," according to law enforcement officials.

The driver, identified by police after the chase (though his identity is not yet being released), had no known outstanding warrants, according to Det. Rich Schauf of the Batavia Police Department.

When it was apparent Deputy Meides was involved in a high-speed chase, more law enforcement joined in the persuit. Officer John Zola and Deputy Chris Parker managed to get spike strips down on Route 33 at Pearl Street Road moments before the truck arrived.

The strips, according to Parker and Zola, are designed to deflate car tires gradually so that hitting the spikes doesn't cause an immediate accident. By the time the truck hit the Oak Street Roundabout, its tires would have deflated to some extent.

Spikes were found in each of the truck's front tires, Parker and Zola said.

Said Kautz, “The operator refused to stop and the vehicle obviously came through here at too high of a speed to maintain control.”

Luz Castro was standing in front of 28 South Main -- she lives in the upper apartment -- waiting for her daughter's school bus when she saw a deputy and a police car whiz by heading westbound. Minutes later she saw the truck come flying through the roundabout, heading east, and as it came out of the curve at South Main, it was clear the truck was headed right for her. So she jumped out of the way just before the truck rammed the building right at the entrance to her apartment.

"It was just shock. Surreal. Crying. Just too much going on at once," Castro said.

Red Cross has been called in to assist Luz, Robin and Danielle. A city inspector is on scene determining how to safely remove the truck, which is may be the only thing holding up the house at this point.

"Life is a matter of seconds and inches and luckily her (Castro's) child wasn’t here getting off the bus at that moment," said Kautz.

UPDATE 8:13 p.m.: The driver of the truck has been identified as Louis M. Reeb, 19, of 40 E. Main St., Corfu. His injuries are described as non-life threatening. The house is owned by Charles Keif of Batavia. No charges have been filed, pending further investigation.