batavia

An accident involving a tractor-trailer and a car is reported at 3924 W. Main St. in Batavia. It appears the tractor-trailer rear-ended the car. The woman who was driving the car is injured and may need extrication.

Town of Batavia Fire Department and Mercy EMS are responding. The location is in front of Pyramid Prosthetics and next to Johnson Automotive.

Mercy Flight is put on stand by.

UPDATE 2:07 p.m.: The medic on scene has determined Mercy Flight is not needed.

UPDATE 2:10 p.m.: The woman is out of the vehicle.

UPDATE 2:22 p.m.: The victim is being transported to UMMC complaining of minor arm pain and some pain to the back of her head.

UPDATE 3:21 p.m.: The roadway is re-opened.

A bear seemed to be in the market for a new set of tires yesterday evening, paying a visit to Sloat Tires on Clinton Street Road, Batavia.

The photos were taken by Diane Scott and provided by Todd Sloat.

CORRECTION: The bear was actually shopping for tires THIS MORNING. Yesterday evening, it was reportedly seen checking into the educational opportunities at GCC.

A pair of Jackson Street residents are accused of selling drugs and a sawed-off shotgun during the course of a month-long investigation by the Local Drug Enforcement Task Force.

The duo was arrested Tuesday following a traffic stop by task force members on Federal Drive, Batavia.

Taken into custody were Marcos A. Torres, 29, and Marissa B. Royse, 20.

Torres and Royse are accused of selling cocaine and marijuana along with a 20-gauge shotgun that had been cut down to make it easier to conceal.

When they were arrested, they were allegedly found in possession of cocaine, marijuana and a 9mm rifle.

Both were charged with criminal sale of a firearm, 3rd, criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Torres and Royse were arraigned in Batavia City Court on some of the charges and ordered held without bail and then arraigned in town court on the remaining charges with bail set at $5,000.

A Covington man previously arrested for impersonating federal law enforcement agents is now accused of dealing drugs inside the Genesee County Jail.

Local Drug Enforcement Task Force members served Nikko C. Gambino, 42, of Morrow Road, Covington, with a search warrant when he recently showed up at the jail to serve part of his eight-week intermittent sentence.

Gambino was transported to UMMC "in order to execute the search warrant," according to a Sheriff's Office press release.

According to the press release, Gambino had alprazolam and suboxone in his digestive system. When Gambino reportedly passed the substances, he allegedly grabbed a quantity of alprazolam and suboxone and placed it inside his mouth in an attempt to further hide or destroy evidence.

Gambino was charged with two counts of criminal possession of a controlled substance, 5th, one count of promoting prison contraband, 1st, tampering with physical evidence and possession of a controlled substance not in its original container.

Following arraignment of Town of Batavia Court, Gambino was returned to Genesee County Jail without bail.

• Man accused of trying to pass himself off as federal law enforcement
• Covington man faces new charge for allegedly impersonating federal agent

Before going out for a early evening drive, I stopped by Billy Goats where a birthday party for Steve Spyropoulos was just getting started.

Steve, who turned 60 today, and his son, John, own Settler's Restaurant and Billy Goats.

Steve was proudly serving up BBQ chicken and ribs and I got there just in time for a couple of slices of gyros -- the best gyros you've ever had. And if you've never had gyros, I suggest stopping into Settlers and asking for it. It's not always available and never on the menu, but according to John there will be some gyros specials coming up soon.

Even though it was Steve's birthday, he said the extra food spread was his way of thanking customers for their support.

A 28-year-old Batavia man who has set up computers and printers to help him print forge U.S. Currency will spend from three to six years in state prison.

Lendle R. Tucker was arrested in January and caught by members of the Local Drug Enforcement Task Force with equipment he used to forge money and $940 in fake money.

Tucker, initially charged with 42 counts of criminal possession of a forged instrument, entered a guilty plea in April to possession of a forged instrument, 2nd.

The admitted counterfeiter has been in this type of trouble before. He was convicted of a misdemeanor in Batavia previously and has convictions in Erie County and other states. Tucker has spent the past year in an Erie County jail.

Public Defender Jerry Ader sought leniency in Tucker's sentence, but District Attorney Lawrence Friedman argued that Tucker should receive the maximum sentence available under the plea deal.

Judge Robert Noonan took a dim view of Tucker's criminal record.

"You certainly have a terrible criminal record," Noonan said. "I think you should be counting your lucky stars for getting any plea reduction at all."

Tucker's wife doubled over in tears as the felon was escorted from the courtroom. 

This post based on the reporting of The Batavian's news partner, WBTA.

The photo was blurry and pixelated, but posting it on The Batavian was apparently sufficient enough to help identify the subject in the picture.

Officer James DeFreze thanks The Batavian readers for their assistance and wanted everybody to know the case was cleared, though no criminal charges were filed nor anticipated.

Care-A-Van Ministries has been busy already this summer. They have already held eight cookouts in the neighborhoods and have 13 more scheduled! The cookouts include free dinner for all, great music by the Care-A-Van band and a special message by local pastors who have partnered with the ministry to make a difference in the community. When you hear that music, or see that rescue van, be sure to stop by, grab a burger, listen to the great music and enjoy a refreshing ice cream cone!

Dan Jones, a regular contributor to The Batavian, announced Wednesday he will mount a primary challenge against a council candidate already endorsed by city Democrats.

While accusing unnamed Democrats, who are apparently opposed to his candidacy, of already fighting dirty, Jones promised an issue-oriented campaign.

"I believe in order for the city to move forward, council must support policies that are progressive, fiscally restrained and totally transparent," Jones said.

While Jones is endorsed by the Conservative Party, he is taking on Kathryn Balbick Bellamy, endorsed by the Democrats, in a Third Ward primary.

Jones was joined in front of Batavia City Hall on Wednesday by Assemblyman Mark J.F. Schroeder and Councilwoman Rose Mary Christian.

"Dan Jones loves this business," said Schroeder, whom Jones worked for as an intern in Albany. "He loves the business of governance. He loves to help constituents. He loves politics."

A recent graduate of Canisius College, where he majored in political science, Jones was born and raised in Batavia and professes a love for the community and concern about its future.

Besides joining in the conversation on The Batavian -- something he promises to continue doing, even after elected -- Jones has been seen at many city council meetings over the past three years and has spoken out on issues from the ambulance service to consolidation.

Jones, 23, says he is self-employed.

Christian, also a Democrat, said she is supporting Jones because he is involved and outspoken.

"He's not afraid to speak out," Christian said. "Even some of my colleagues are fence sitters who won't take a stand unless somebody tells them where to go. That's not me and that's not this young man."

Jones said he is seeking office with high ideals and an ambition to do what he believes is best for Batavia.

"I seek this office not so it becomes another notch on my resume," Jones said, "I seek this office not because I believe I have a popular last name or because I feel I am entitled to it. I seek this office not for revenge. I seek this office because I believe that Batavia needs to be a leader in our region, and indeed the entire state, in having good government that's responsive to the needs of all of its citizens."

Below, video of the event produced by The Batavian's news partner, WBTA:

Melissa Cianfrini says, naturally she's disappointed the case was dismissed against Chris Charvella. As assistant DA, she was given the task of prosecuting him on an aggravated harassment, 2nd, charge because Charvella placed a phone call to Legislator Jay Grasso,

"I obviously respect the court and the court's decision, but I respectfully disagree with the reason behind it," Cianfrini said.

Town of Batavia Justice Mike Cleveland wrote in his decision, "Mr. Charvella's call was made to Mr. Grasso on a number not only listed in the public phone book but also listed on the Genesee County Legislature's list of public official contact numbers. It was not an anonymous or random call. It was not 'absent of expression of ideas or thoughts.'

"The factual allegations in this case," Cleveland concluded, "do not constitute a violation of the charge of PL 240.30-2.

The written decision dismissing the case is only two pages long and doesn't directly touch on any of the free speech or First Amendment issues raised by Charvella's defense attorney, E. Robert Fussell.

But Fussell said that just because Cleveland didn't mention the First Amendment doesn't mean that case law based on the First Amendment isn't the foundation of his decision.

Fussell said he believes the case law that led to Cleveland's decision is based on First Amendment protections.

He said prior cases interpret the clause in the law that says for "no legitimate purpose" to mean that a call must be entirely for the purpose of annoying or threatening to constitute harassment.

"Underlying the decision is that you can't charge somebody for just making a phone call," said Fussell. "What the courts are really saying is that the charge must pass First Amendment muster."

Cianfrini said, however, that she still doesn't believe this was a free speech case. It was about a private phone call placed to a private residence.

"This was about somebody saying something in private," Cianfrini said. "It was not something that was said in public, so it's not a free speech issue."

She was not the original ADA on the case, inheriting it after a change of venue from Le Roy to Town of Batavia, so the actual charge against Charvella wasn't a decision she made. During oral arguments, Cianfrini briefly raised the specter of filing a different charge, if necessary, against Charvella. Today, Cianfrini said there are no plans in the DA's officer currently to pursue the case further.

Despite its small size, Batavia has long been a hub of music and culture. Five years ago, Bill McDonald, Bill Pitcher, Mike Murray and Kay McMahon decided to celebrate the Batavia music scene with an all-day event featuring local musicians, many of whom have been playing together for years.

On July 2, some of these old friends and bandmates will reunite in Jackson Square for a day of jamming and seeing old friends at the 6th Annual Ramble Music and Arts Festival. 

"Our hometown area is so rich in artisitic heritage and we felt that we had the ability, resources, time and means to make a daylong musical arts event happen for folks in Batavia and surrounds," says McDonald of the first Ramble in 2006.

"There was nothing at the time to give our town and its musicians a chance to ramble around Jackson Square and downtown and bring many musicians together."

This year's festival will feature more than 30 local bands that range in genre from acoustic bluegrass to electric rock. The bands will be performing on two separate stages -- one acoustic and one electric -- throughout the day. (See below for the full schedule.) McDonald's own band, The Ghost Riders, will kick off the festival on the electric stage.

Although today McDonald performs mainly with The Ghost Riders and his other band, the Hips, over the past 50 years he has played in countless groups -- "way too many to remember, as 50 years of playing music is a long time." 

"It's in my heart and soul and it allows me to fly free over times when I play and sing," he explains. "If one person meets my eye during a song, smiles, sings along or makes contact with me, I feel I'm doing something good while giving great pleasure and purpose to my being."

There are fewer musical venues for young people in Batavia now than there were when McDonald began performing in the '60s, but the music scene has remained strong nevertheless.

"Our small community and the surrounding areas have always had great music with many places for musicians to perform," he says. "The folks in this area have been so supportive over the years. We've made so many friends with music and have tried to keep them entertained.

"You can call it civic spirit, as our hometown and its people have been good to us and we wanted to give something back with a music and arts event of sorts, have some fun, along with a purpose, because that's what we do."

The festival has grown substantially since its humble beginnings five years ago, but still remains a "work in progress with zero-dollars funding." 

"We work with what resources and lifelong area connections we've gathered to make it happen," McDonald explains. "It was a challenge and a yearlong effort to try and pull this free event off. We had a get-together attitude, as many did who've contributed. We succeeded with Ramble Number One and decided to make it a yearly event."

The "arts" aspect of the festival doesn't end at the music, as there will also be the opportunity to complete the beginning of a story prompt written by Batavia author Bill Kauffman. All in all, it will be a fun day of music for people of all ages.

The music schedule is as follows:

Electric Stage                                                       Acoustic Stage

10:50-11 - Intro                                                   11:10-11:40 - Steve Kruppner

11-11:30 - The Ghost Riders                             11:45-12:15 - Sebastian

11:35-12:05 - Bush Hogs                                   12:20-12:50 - Muggs

12:10-12:40 - Revival                                          12:55-1:25 - Good Morning

                                                                                                 Hellen

12:45-1:15 - Twilight Rangers                             1:30-2:00 - Uncle Rog

1:20-1:50 - Red Creek                                         2:05-2:35 - Dick Cantry

1:55-2:25 - The Fools                                          2:40-3:10 - The Hips

2:30-3:00 - Warren Skye and Friends                 3:15-3:45 - Gridder

3:05-3:35 - Destined                                            3:50-4:20 - Tim Pitcher and 

                                                                                                Friends

3:40-4:10 - Just Got Lucky                                   4:25-4:55 - Anthony DelPlato 

                                                                                              Memorial  Celebration 

 4:15 5-4:45 - Sierra                                                 5:05-5:35 - Erin Elizabeth

                                                                                                   Jeffords

4:45-5:00 - Memorial & Presentation to Rose     5:40-6:10 - Chris Humel

5:00-5:30 - Buffalo Road Show                           6:15-6:45 - Ken & Jeannie Veltz

5:35-6:05 - Julius                                                 6:50-7:20 - Tom Stamp

6:10-6:40 - The Dob Artists                                 7:25-7:55 - Tim Luttrell

6:45-7:15 - OSHA                                                8-8:30 - HoKoMo Dave Armat

7:20-7:50 - Taken                                                8:35-9:05 - Misty Mountain

7:55-8:25 - Ps100

8:30-9 - Bluesway Jam

William E. Gratehouse III, is indicted on charges of criminal mischief, 2nd, reckless endangerment, 2nd, menacing, 2nd, unlawful imprisonment and endangering the welfare of a child. Gratehouse is accused of intentionally striking a 1998 Dodge Intrepid owned by another person on March 17. Gratehouse allegedly forced the car off the road after striking it. He also allegedly brandished a semiautomatic pistol during the incident and prevented the alleged victim from leaving the area. There allegedly were children in the car at the time.

John R. Sherman is indicted on charges of felony DWI, aggravated driving with a BAC of .18 or greater and driving with a BAC of .08. Sherman is accused of driving drunk Jan. 7 on Route 5 in Stafford.

Kevin C. Heschke is indicated on charges of felony DWI and driving with a BAC of .08 or greater. Heschke is accused of driving drunk April 7 on Church Street, Le Roy.

Ricky L. Miller is indicted on a charge of burglary, 2nd. Miller is accused of entering a residence on Jackson Street, Batavia, on June 7, with the intent to commit a crime.

Dana D. Hagen is indicted on charges of felony DWI and aggravated driving with a BAC of .18 or greater. Hagan is accused of driving drunk Jan. 12 on Fotch Road, Stafford.

No Bill: The grand jury found insufficient evidence to charge Thomas B. Streamer with assault, 2nd, and assault, 3rd, stemming from an alleged incident in the Town of Le Roy on Jan. 23.

The night of Tim McGraw concert at Darien Lake, the Batavia PD set up a sobriety check point on Pearl Street and made five arrests.

All five arrested had attended the concert, according to Chief Randy Baker.

Charged were:

• Matthew Perry, 18, of Batavia, charged with DWI;
• Geoffrey Howe, 28, of Auburn, charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation;
• Matthew Malloy, 22, of Batavia, charged with DWI;
• Christopher Vandusen, 38, of Kendall, charged with DWI;
• Thomas Boughner, 28, of Spencerport, charged with DWI and open alcohol beverage container in a motor vehicle.

The traffic detail was supported through the Genesee County Stop DWI program.

Baker said the city PD will use check points and DWI patrols on holidays and throughout the summer to help combat drinking and driving.

Dennis Dale Holcomb, 44, of West Bergen Road, Le Roy, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Holcomb is accused of striking another person on the back of the head with a crowbar. Following arraignment in Le Roy Town Court, Holcomb was committed to the Genesee County Jail without bail.

Christopher C. Say, 20, of 41 Maple St., Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Say is accused of choking a woman during a domestic dispute in front of her children at 9 p.m., Tuesday.

Donald Joseph Pursel, 42, of Upton Place, Rochester, was arrested on a warrant out of Genesee County Court. Pursel is accused of failing to pay a fine. He was arrested by Rochester PD and turned over to the Sheriff's Office. (NOTE: Pursel appeared in court yesterday and after the ADA and his attorney reached an agreement regarding his release, Judge Robert Noonan signed an order authorizing his release.  What was notable is that Pursel's case goes back to a time when Noonan was the District Attorney, so he had to recuse himself from any further proceedings in Pursel's case. Another judge will need to hear the matter.)

Michael William Hall, 24, of Havenwood Drive, Brockport, is charged with DWI, aggravated driving with a BAC .18 or greater and parked on the roadway. Hall was allegedly found sleeping in his car at 12:59 a.m., Tuesday, by Deputy John Weis while it was parked in the westbound lane of Sackett Road, Town of Bergen.

Cassondra Niccole Majors, 18, of Myrtle Street, Le Roy, is charged with possession of alcohol under age 21. Majors was arrested at 11:47 p.m., Monday, in Burnnell Park on Summit Street, Le Roy.

William Gary Strait, 27, of 2803 Retsof Road, Retsof, is charged with DWI and aggravated driving with a BAC of .18 or greater. Strait was stopped at 2:43 a.m., Sunday, by Officer Fox, Le Roy PD, on Main Street in the Village of Le Roy.

The mother of Baby Andrew, killed by Melissa Engelhardt  in November 2009, was arrested Tuesday, accused of stealing baby items from Walmart.

Kristen Anne Cianfrini, 26, of Tracy Avenue, Batavia, was charged with petit larceny.

Cianfrini gave birth to another baby several months after Andrew's death.

Engelhardt was Andrew's stepmother and living in Elimira with Andrew's father when she slipped methanol in a sippy cup and gave it to Andrew and then did nothing as Andrew became ill and eventually succumbed to the poison.

When Engelhardt was convicted of manslaughter rather than murder in a non-jury trial, the community rallied around Cianfrini demanding justice for Baby Andrew. 

Chemung County Judge Peter C. Buckley sentenced Engelhardt, who had a history of substance abuse, to 20 years in prison.

Previously:

• Murder charge brought against Elmira woman accused of killing Batavia baby
• Elmira woman convicted of manslaughter in death of Batavia toddler
• Genesee County residents banding together to seek justice for Baby Andrew
• Family of Baby Andrew still shocked by manslaughter, rather than murder, verdict
• Stepmother sentenced to 20 years in death of Baby Andrew

A former Vine Street resident who once seemed to get his life straightened out but then found himself involved with drugs again was told by Judge Robert Noonan today that he will spend four years in state prison.

William J. Butler, 41, of Batavia, previously entered a guilty plea to attempted criminal possession of a controlled substance.

More than half an ounce of crack cocaine was found on Butler when he was arrested by members of the Local Drug Enforcement Task Force on Aug. 26, 2010. Because of the quantity of drugs involved, the implication of the charge is that Butler was dealing drugs.

Butler acknowledged that he blew his second chance after successfully completing parole on a previous conviction.

"In a time of hardship I made a crucial mistake and I'm resentful that I made it," Butler said. "When I saw my daughter, I apologized to her that let her down and I let down the community I live in. It's one of the worst mistakes I've made in my life, especially considering what I learned. There isn't a day that goes by that I don't resent that."

Related: Batavia woman accused of letting drug dealers operate from her home.

Press release:

Batavia, NY: I will announce my intentions tomorrow regarding the open seat in the Third Ward left by the retirement of Sam Barone, who did an outstanding job representing that ward on city council. I will be announcing that I am entering a Democratic primary and that I have been endorsed by the Conservative Party.  The announcement will be tomorrow, June 29th at 6 p.m. outside of Batavia City Hall. I will be joined by Democratic Councilwomen Rose Mary Christian and Kathy Briggs, whom are supporting my campaign. Any and all are invited to attend.

Dan has sent along word that Assemblyman Mark J.F. Schroeder, his former boss and a candidate for comptroller in Erie County, will be joining the press conference.

Late this afternoon, Chris Charvella received word from his attorney that Town of Batavia Justice Mike Cleveland has dismissed the aggravated harassment, 2nd, charge he was arrested on in November.

E. Robert Fussell, Charvella's attorney, could not be reached for further information on the dismissal and the town court is closed at this hour, so we can't retrieve a copy of the decision.

Fussell told his client the charges were dropped because of insufficient evidence to support the charge.

"It shows that politicians at any level can't have a person arrested for saying something they don't like, especially, 'thank you,'" Charvella said. 

He added, "I knew since I was arrested on November 11th that I had not committed a crime. I placed my trust in the justice system and I'm glad the system worked."

State Troopers arrested Charvella after Legislator Jay Grasso filed a complaint against Charvella claiming harassment.

Charvella was charged under a provision of the statute that prohibits telephone calls for "no legitimate purpose."

The call Charvella made was to Grasso's home phone, and he left a message that said, "thanks for reading my blog."

The message was in response to somebody leaving a political sign on Charvella's front lawn that made reference to an item Charvella posted on her personal blog. The sign contained the words, "Sharome Glasshole," a reference to one of Charvella's blog posts.

Following the phone call, Charvella posted another item on his blog that showed a picture of an Ewok and read, "prepare your anus."

Assistent District Attorney Melissa Cianfrini argued against Fussell's motion for dismissal on June 10.

Part of Fussell's position was that based on previous case law, the conduct of Charvella didn't rise to the level of aggravated harassment, 2nd, as intended by the statute since there wasn't an ongoing pattern of harassment. He characterized Charvella's speech as protected by the First Amendment.

Today, Charvella called the dismissal a victory for free speech.

Charvella has said previously that he spent $7,000 on his own defense in the case.

Neither Cianfrini nor Grasso were immediately available for comment.

Rather than pass a law banning smoking in city parks, the Batavia City Council is considering a resolution that will say, in essence, "please don't smoke."

If passed, signs will be posted in city parks saying the parks are no smoking areas, but police will not have the power to arrest a person who refuses to stop smoking.

"If it’s just a resolution, we’re probably going to ask for voluntary compliance," said Chief of Police Randy Baker. 

He also explained, "The police department acts as an agent of the community and we ask people to comply with what the community cannot tolerate. It's up to their (the council's) discretion to provide us the direction they want us to take."

The resolution proposal was discussed at Monday's council meeting as part of a comprehensive approach to cutting down on substance abuse in city parks.

The city will get tougher with alcohol consumption in parks by voting in July on a fast-track ordinance change that would ban alcohol consumption in parks without a permit.

The current law prohibits drinking beer and other adult beverages in the park, but allows drinking in certain designated areas, such as pavilions.

A one-word change in the ordinance would make it illegal to have an open container in the pavilions.

Councilwoman Patti Pacino, for one, welcome the proposed change.

"I do a summer program for kids," Pacino "We serve lunch. And every single day we see the same people sitting in the same pavilions drinking beer. There is nothing I can do about it."

People who want to have picnics and parties in the pavilions can apply for a $25 permit and then serve alcohol, but once the law is amended, police will be able to deal with residents who reportedly gather in the pavilions on a routine basis and just sit and drink day-after-day.

As for the smoking resolution, only Councilwoman Rosemary Christian raised concerns about about a blanket restriction on smoking in parks.

She said she wants to see designated areas for smokers.

Smokers pay for parks, too, she said, and she finds it ironic that one of the community groups pushing to end smoking in parks is GCASA.

"Go down there (to the East Main GCASA location)," Christian said. "It’s all in front of the property, city property, there are butts all over. And these are the people that want us to stop? I don’t think so."

A Chestnut Street resident is facing a petit larceny charge all because he reportedly didn't want to see some woodchucks that had been living in his yard taken away.

To Dale Edward Banfield, 50, of Batavia, the woodchucks were like pets.

To his landlord, they were pests who were destroying his property.

So the landlord hired a nuisance wildlife company to set traps and capture the little critters.

After they were captured and removed Saturday, Banfield drove out to the company's location in Corfu and asked for the woodchucks back.

The owner declined to return the woodchucks, so before leaving, Banfield allegedly grabbed the traps containing the woodchucks and left.

The traps were recovered, according to the Sheriff's Office, but the woodchucks are presumably off some where chucking wood.

No word on where the woodchucks might be, nor how many were trapped.

Banfield was charged with petit larceny and must appear in Town of Pembroke Court on July 12.

Deputy Ron Meides investigated the case of the woodchuck caper.