batavia

BATAVIA , NY -- A woman who allegedly tried to steal another woman's pocketbook as she left Wendy's on Main Street in Batavia this afternoon is in custody, charged with robbery in the third degree and petit larceny.

The suspect, Misty Guadagno, 23, of 120 State St., Batavia, was caught with the help of a man who was eating lunch in Wendy's parking lot.

The man reportedly chased Guadagno from the eatery into the Genesee Country Mall parking lot where he grabbed her and held her until police arrived. The victim and her husband also helped keep the suspect at the scene while waiting for police.

While the pocketbook and most of its contents were recovered, the cash disappeared.  Police are asking that anybody who might know what happened to the cash to call the police department at 345-6350.

Guadagno was arraigned in Batavia City Court and jailed without bail.

Original reports after the jump:

(First report filed by Billie Owens around noon)

A female suspected of purse snatching was apprehended at the Wendy's on Main Street in Batavia about 25 minutes ago.

She reportedly grabbed another woman's purse at the fast-food restaurant and attempted to flee. She was detained by another individual before she could escape and police were quickly on scene to make an arrest.

The suspect's name has not been released and no other information is available at this time.

UPDATE 1:02 p.m. (by Howard): Lt. Gene Jankowski confirms there was an attempted purse snatching. 

An older woman was exiting Wendy's when another woman grabbed her pocketbook and ran. The older woman yelled for help and a man in the parking lot chased the alleged purse snatcher into the Genesee Country Mall parking lot, where he was able to grab and hold the woman. The older woman and her husband also helped keep the suspect in custody until police arrived.

"It's a good thing the guy helped because we probably couldn't have caught up with her," Jankowski said.

Charges are pending and there is an ongoing investigation. The police are withholding the suspect's name until the investigation is completed.

A zoning regulation in the Village of Alexander that requires all new commercial buildings to line up along the sidewalk is facing a first-time challenge from an existing business that wants to change locations.

The owners of Country in the Village, a cafe on Route 98, want to build a new drive-thru business on Buffalo Road, but the business would have be set back from the street by 63 feet.

That violates the village plan to have all businesses line up in a block.

Tonight, the Genesee County Planning Board denied Gary and Bea Dominick's request for a special-use permit.

Planning Director Jim Duval said it will be up to the village to decide if it wants to waver from its commercial development plan, not the county planning board.

In other planning news:

The board denied a request for a variance at 3589 Pike Road in the Town of Batavia for a building to stable animals. Duval said the 25-foot set back put the building too close to the roadway.

A temporary-use permit was granted to the Town of Bethany to allow a retail store in its old Town Hall. The town is planning a country store, with a craft shop, grocery items, historical exhibit and learning center. The facility will also offer classes in fly tying and cake decorating, as well as craft classes for children. Multiple vendors will be offered space in the store.

In the Town of Darien, the developer of East Bonnie Brae is ready to build the second half of its housing project, filling out the east side of the development. The original plan called for the street that now serves the west side to loop around. But a landowner who would need to sell his land to make a portion of the street continuation possible, no longer wishes to sell. The proposed development addition would have a cul-de-sac. The problem with the proposal, according to Duval, is that 11 parcels do not have the required 100-foot set back. The developer, Duval said, disagrees with how the planning department is calculating the set back. The Town of Darien also advised the applicant that a required recreational area was not included. The board disapproved the preliminary plan for the development.

A small methamphetamine lab was allegedly discovered at 135 Jackson St. in Batavia earlier today when law officers went there looking for Kenneth W. Mosholder, whose home in Alabama was the target of a 6 a.m. drug bust.

He was arrested on federal drug charges at the Jackson Street house and so was a female acquaintance who lived there. Her name has not been released because Sheriff Gary Maha is awaiting a federal search warrant from Buffalo in order to seize the lab and press charges.

A Batavia police officer is staked outside the residence to keep the scene secure until the warrant can be exercised.

When Mosholder's dumpy place at 789 Lewiston Road in Alabama was raided, 20-year-old Dustin R. Benham of Darien was arrested. Both men are charged with conspiracy to manufacture meth.

A haz mat team has been on location cleaning up the toxic mess as investigators gathered evidence, including chemicals, paraphenalia and guns.

Mosholder's 17-year-old son was also found there and taken to social services for placement.

Other charges may be pending against Mosholder and Benham, who have been transported to Buffalo for arraignment in federal court. The investigation is ongoing as to whether other individuals were involved in the illegal drug operation.

James Maher, the 27-year-old Iraq War veteran who died from a head wound after falling outside the Blockbuster location on Lewiston, was honored by a group of fellow veterans this evening in a memorial service on the spot where he died.

A man who allegedly assaulted a Batavia police officer yesterday Friday has surrendered.

Paul F. Daly, 28, of 29 Waverly St., Cattaraugus, was at large since being released from a facility where he was taken for a mental-health evaluation. Before police could arrest him on criminal charges, Daly was let go and the police were not notified.

Daly, who was a patient at the VA Medical Center, surrendered to State Police in Amity.

Batavia PD Warrant Officer Dennis Rider negotiated with Daly to convince him to turn himself in.

"Basically, I started with family members, because they didn't want to say where he was, but I convinced them that the safest thing was for him to turn himself in," Rider said. "I wanted to avoid a confrontation if at all possible."

Daly is being transported by State Police to Batavia.

UPDATE: We've also learned that Chris Camp, the officer who was reportedly attacked, did try to deploy his Taser. The Taser was ineffective. Det. Schauf said, "it did not have its intended effect," though why it didn't work as it should is unknown.  As we reported previously, a passing citizen helped Camp subdue the suspect.

UPDATE 6:52 p.m.: Daly was delivered back into Batavia police custody this evening. He was arraigned and jailed without bail.

Previously:

• VA patient allegedly attacks police officer outside Batavia Downs
• VA patient accused of assaulting police officer not in custody

A Batavia man accused of fraud for not reporting income from self-employment while receiving social service benefits, pled guilty yesterday to one count of attempting to offer a false instrument for filing in the first degree.

Jeffrey Wawrzyniak, 37, was immediately sentenced to three years probation.

The charges were the result of an investigation by the Genesee County Department of Social Services. Wawrzyniak reportedly failed to report income from July to October 2008.

Wawrzyniak has paid restitution of $497.

A suspect in an assault on a Batavia police officer yesterday Friday was still at large this morning.

In a note on the e-mailed press release Tuesday, Det. Rich Schauf wrote that the suspect, Paul F. Daly, was not in custody, but none of the local media who carried the report -- including The Batavian --  picked up on that fact.

I spoke with Det. Schauf this morning and clarified that Daly was not in custody, and I haven't heard any report since then of his arrest. Police are searching for the suspect.

Daly was initially taken for a mental health evaluation, but within hours, according to Schauf, he was released by medical personnel. Schauf did not say where Daly was evaluated. Police were not notified of Daly's release until after the fact.

Schauf did not have a description of the suspect at the time we spoke, but we hope to get one before the end of the day.

Daly, originally from Cattaragus, is or was a patient at the VA Medical Center.

Bryan M. Hargrave, 22, of 61 Myrtle St., Le Roy, is charged with two counts of burglary in the third degree. Hargrave allegedly broke into two Pavilion businesses on Sept. 23. He is accused of breaking into Pavilion Drainage Company on Route 63 and taking some cash from the office area. On the same day, he allegedly broke into BW's Bar on Perry Road, this time allegedly taking cash and an iPod. The investigation was conducted by deputies John Baiocco and James Diehl, with assistance from investigators William Ferrando and Roger Stone. Additional charges against Hargrave are pending. Hargrave was released under supervision of Genesee County Justice.

Bart Arthur Towne, 41, of 1795 Phelps Road, Corfu, is charged with attempted petit larceny. Towne allegedly attempted to steal televisions and other items from BJ's Wholesale Club by concealing the items inside a box labeled as a file cabinet. He presented the box at the register for purchase.

Erica M. Raphael, 24, of 335 Bank St., Batavia, is charged with criminal possession of a forged instrument and criminal possession of stolen property. Raphael is accused of possessing stolen NYS Official Prescription sheets from Batavia Ophthalmology and allegedly forging a prescription for hydrocodone tablets. Raphael allegedly attempted to get the prescription filled at Oakfield Family Pharmacy.

A 17-year-old resident of Bergen is charged with unlawful possession of marijuana. The youth was apprehended after a random K-9 search at Byron-Bergen High School. During the search of the east side parking lot, a K-9 alerted on a car. Marijuana was allegedly located in the car and the marijuana was seized by law enforcement.

A Rochester man arrested Sept. 10 for allegedly breaking into a State Street home a week earlier was formally charged today with burglary in the second degree and criminal possession of stolen property.

Reginald M. Wilson, who was reportedly caught driving a vehicle stolen from the residence, was given a chance to get out of jail while he awaits trial. He must come up with $100,000 bail or $200,000 bond, according to Judge Robert Noonan.

Wilson, because of prior felony convictions, could potentially be sent to prison for life if convicted of the current charges. For that reason, Noonan refused bail to Wilson at a Sept. 16 hearing.

After today's hearing, Public Defender Gary Horton said that in all his years of practice, only twice has he seen three-time felony convicts sent to prison for life. He said it's an option for prosecutors -- which can be sought only after the third felony conviction -- that is rarely used.

Wilson has 12 prior convictions, including five felony convictions and has reportedly twice failed to appear for court dates.

Toyota of Batavia is investing $975,000 to expand its dealership, and to help the project along, the Genesee County Economic Development Center is providing a $7,500 tax incentive.

The project was first approved for benefits on Feb. 21, 2008.  But the actual benefit was approved this week.

The dealership is mortgaging its property for $600,000 to help pay for the project. GCEDC is providing the mortgage-tax exemption.

The GCEDC estimates that for every $1 of tax benefit, the community is realizing $616 of investment by the company.

The dealership is located at 3899 W. Main St. Road in the Town of Batavia.

Jay Gsell can polish up his resume. Under "Genesee County Manager" he can add "Batavia Crime Fighter."

Gsell helped Batavia police capture an alleged car thief this morning.

Police received a report at 5:45 a.m. of an auto theft in progress at 310 Washington Ave. 

When police officers responded, they found the car partially in the roadway and abandoned.

Gsell was out for his morning run and saw a suspect jump over a fence near where the car was abandoned. Gsell provided police with a description of the suspect and then continued on his way.

A short time later, Gsell reportedly spotted the same man near the Richmond Memorial Library. He dialed 9-1-1.

Apprehended by police was Kyle Monroe (pictured). Monroe allegedly possessed the keys to the vehicle at the time of his arrest.

The same car was reported stolen twice before. The first time, on Oct. 29, the car was recovered in the area of the sand wash on Cedar Street. It was determined that keys were used to steal the car, but the keys were not recovered.

The same car was stolen again on Nov. 6.  It was recovered two days later on Holland Avenue. Again, investigators determined that keys were used to heist the vehicle, but again, the keys were not recovered.

After two thefts, the owner placed an anti-theft device on the steering wheel, which apparently helped thwart the third attempt.

Monroe was charged with criminal possession of stolen property and the investigation is ongoing. More charges may be filed.

The same suspect was arrested Oct. 24 in the Town of Batavia, according to police, when he was allegedly caught driving a different stolen vehicle. He was charged with criminal possession of stolen property in that case, as well.

UPDATE Wednesday, 8:27:  I asked Det. Rich Schauf if there was any link between Monroe and the car break-ins of the summer months, and whether the keys to the stolen car might have been taken during one of those break-ins.  Here is Det. Schauf's response:

The best we can tell is the keys were found and used while Monroe was (allegedly, ed.) illegally going “through” the car on the 29th, the first time the car was stolen. We do suspect he is one of the people involved in illegal car entries over the summer. At this point we do not have any conclusive evidence to link him to other illegal car entries.  Also, to answer one of the readers’ questions about Grand larceny. In this case the suspect was arrested for Criminal Possession of stolen property for possessing the keys to the car which were stolen. To prove Grand Larceny the person would need to be caught in the act of stealing the car or admitting to stealing it. Most often a person caught in a stolen car will not admit to stealing it. Unless it can be proven they stole the car, the  charge of criminal possession of stolen property may be used. Or if the element of “knowingly” possessed stolen property cannot be proved another charge of unauthorized use of a motor vehicle may apply.  Both Criminal Possession of stolen property fourth and Grand Larceny fourth are classified as E Felonies.

A passerby came to the aid of a Batavia Police officer today Friday when a patient of the VA Medical Center attacked him near Batavia Downs.

Officer Chris Camp responded to a report of a drunk man walking in traffic on Park Road, and when Camp arrived he observed a man standing in the road with a beverage container in his hand.

Camp approached the individual and asked him to leave the roadway. The man reportedly refused to move and without warning attacked Camp, grabbing his neck.

The officer defended himself and a nearby citizen also jumped in to help pull the alleged attacker off Camp.

Taken into custody for mental health evaluation was Paul Daly, 28, of 29 Waverly St., Cattaragus. Daly was later charged with assault in the second degree and disorderly conduct.

Camp was treated for his injuries and then finished his shift.

There may be gold in the hills between routes 5 and 63 on the east side of the Town of Batavia.

At least that's the impression left from this morning's groundbreaking for an agri-business park being made "shovel ready" under the guidance of the Genesee County Economic Development Center.

The $6 million project could lead to millions in revenue growth for the county, and as much as a $40 million annual payroll for as many as 1,200 workers.

The return on investment, according to GCEDC CEO Steve Hyde could be as much as 30-1 -- $30 gained in the local economy for every $1 spent on the project.

"This is a story of a vision that is really becoming reality," Hyde said.

Construction actually began two weeks ago and while only one Canadian food processor is among the future planned tenants, Hyde said he is confident several more companies will gain interest in the project once the economy turns around.

He said he expects future tenants to invest as much as $230 million in private capital to build their facilities.

He said the agri-business park is the first of its kind in the Northeast and brings together a confluence of factors that should be attractive -- inexpensive, easily accessed water, inexpensive power, a rail line and trucking routes.

The project is the result of GCEDC helping to bring together public and private funding to raise the $6 million to make the 200-acre park shovel ready (grading, building roads, bringing infrastructure), with contributors including the state and Town of Batavia as well as Farm Credit of Western New York.

New York Farm Bureau President Dean Norton (pictured, inset) called the project near and dear to his heart.

"It's a prime example of what state agencies and private groups can do when they get together and work for the betterment of agriculture," Norton said.

A five-car accident has traffic blocked on East Main Street at Swan in Batavia.

There is one reported minor injury.

The first police officer on scene said, "it's pretty gummed up here."

Mercy EMS is responding.

Iraq War Veteran James M. Maher was a troubled young man who had at least one acquaintance frantically searching for him hours before his death because he had threatened to harm himself. But a medical examiner has concluded he did not take his own life,

Maher, 27, died of blunt-force trauma to his head. The injury, a result of a fall. There were apparently no witnesses.

Police say Maher had been drinking prior to his death. He had also placed phone calls to friends threatening to harm himself.

A hotel employee contacted The Batavian yesterday and reported that a man entered the hotel about 9:30 p.m. on Saturday and said he was looking for a PTSD patient who had left the VA facility and had threatened suicide.

The body of Maher was found in the bushes next to Blockbuster on Lewiston Road about 10:15 p.m. on Saturday.

Maher, a Mechanicville resident, was a patient at the VA Medical Clinic, where he was being treated for PTSD (Post Traumatic Stress Disorder), according to an obituary published in the Albany Times-Union.

The police will continue to investigate the case, according to a news release this morning, as they try to track down Maher's movements prior to his death.

You might not think of Batavia as a hot retirement destination, but according to a study by American City Business Journals, it is -- after 249 more popular choices.

That's right -- Batavia, in wintry, high-taxed, economically challenged Western New York is the 250th hottest place to retire.

That puts it ahead of such places as Klamath Falls, Oregon, Knoxville, Tenn., Clewiston, Florida and Bay City, Texas.

A total of 940 cities were ranked in the list.

A young man who was found dead outside the Blockbuster store on Lewiston Road on Saturday night was being treated for PTSD (Post Traumatic Stress Disorder) at the VA Medical Center in Batavia, according to an obituary published in the Albany Times-Union.

The obituary reports that James M. Maher, 27, died of injuries sustained in a fall.

The official cause of death remains under investigation. It has been categorized by Batavia Police as an "unattended death." No foul play is suspected.

Maher was an Iraq war veteran, having served an 11-month tour in Iraq with the Army 101st Armored Division, earning the Combat Infantry Badge and the Army Achievement Medal.

A 2000 graduate of Mechanicville High School, Maher entered he military and served in New York City immediately after 9/11.

He was born in Saratoga Springs, July 17, 1982, son of Michael Maher and Janet (Tony) Amoroso, both of Mechanicville.

According to the obituary:

After being released, James worked at several mortgage brokerage firms in the Capital Region, and lastly worked for Royal Pharmaceuticals of Malta. Growing up, James was always the "daredevil" of the group, enjoyed bridge jumping, parachute jumps and parasailing, or as his family says, "The faster and higher, the better."

Donations are encouraged in his name to Jack Wisby PTSD Clinic, c/o Dr. Paul Harrigan, VAWNY Health Clinic, 222 Richmond Ave., Bldg. 5, Batavia, NY 14020.