batavia

Workers from a Rochester-based contractor on Bank Street this morning installing traffic sensors for the traffic lights.

Children participating in one of the city's summer recreation programs paid a visit to City of Batavia Fire Department today and got to meet firefighters and learn about their jobs and see the equipment they use.

Reader Jane Johnson said this pooch appeared in their yard this morning, very friendly, loves being around kids and had a collar and rabies tags.

But she has no idea who owns the dog.

The owner can contact Johns at 739-0378.

A possible house fire is reported on Hutchins Street near South Jackson Street. A neighbor reports smoke is pouring from the roof. City fire department is responding.

UPDATE 10:17 p.m.: Firefighters on scene see fire and smoke coming from the area of 146 Hutchins St. Southwest winds at 1 mph. "It's a personal bonfire." City ladder truck 15 in service. Police who responded said the smoke was caused by juveniles at the site putting leaves on the fire. The bonfire is apparently legal.

UPDATE 10:32 p.m.: The people enjoying the bonfire put it out.

Here's a press release about Sunday's local home and garden tour.

The Landmark Society of Genesee County, Cornell Cooperative Extension Master Gardeners and St. James Episcopal Church are collaborating for a July 10 home and garden tour.

The event will run from 1 – 5 p.m. and 11 homes are included on the tour. The ticket price is $20, $15 for Landmark Society members, and can be purchased at Harrington’s Greenhouse in Batavia and the St. James Church office.

After visiting the gardens, there will be a dessert reception and presentation by Master Gardeners and a question-and-answer period at St. James Church. Door prizes will also be awarded donated by local greenhouses.

For more information, please call 343-6802.

A car versus motorcycle accident, with injuries, is reported at Walnut and Law streets. The caller at the scene reports the motorcyclist is conscious. City fire and police along with Mercy EMS are responding.

UPDATE 7:17 p.m.: Portions of the streets will be shut down temporarily due to the accident.

UPDATE 7:32 p.m.: The motorcyclist is being taken to UMMC with non-life-threatening injuries. The fire engine is back in service.

A brush fire is reported in front of 3445 Galloway Road, just west of Kelsey Road. Town of Batavia Volunteer Fire Department is responding.

UPDATE 5:13 p.m.: "It looks like a controlled burn in a swampy area by the road. But nobody's around," says an officer at the scene. A non-emergency response is requested.

UPDATE 5:15 p.m.: Logs about 60-feet long and a tire are burning. They are not sure if the logs are within DEC regulations, but they know the tire is not. They are going to put out the fire "in leiu of a report."

A property damage accident is reported in front of Arby's on West Main Street in the city. It is blocking traffic. City fire and police are responding.

William R. Green, 52, of Batavia-Elba Townline Road, Elba, is charged with harassment, 2nd. Green was reportedly involved with a dispute at 10:15 p.m., Thursday and during the dispute, Green allegedly grabbed his neighbor by the neck and punched him. Green was jailed on $200 bail.

James R. Tydelski, 55, of 7800 Hewes Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Tydelski was stopped at 1:06 a.m. at the intersection of Mill and Lake streets in the Village of Le Roy by a Le Roy Police officer.

Joshua Todd Fullmer, 18, of West Main Street, Batavia, is charged with petit larceny. Fullmer is accused of shoplifting $34.98 worth of merchandise from Kmart.

Warren Walter McClure, 40, of Hamilton Road, Buffalo, is charged with burglary, 3rd. McClure is accused of entering a business in the Town of Batavia while it was closed on Feb. 6 and stealing money, checks and surveillance cameras.

Todd F. James, 48, of School Road, Byron, is charged with disorderly conduct. James allegedly refused to turn down his radio creating "unnecessary noise" in his neighborhood for more than three hours.

Kelsey Marie Davis, 19, of unreleased street address, Batavia, is charged with harassment, 2nd. Davis was arrested following an investigation into a fight during the Tim McGraw concert at Darien Lake Theme Park on June 25.

Samuel Robert Thompson, 55, of Shady Lane, Batavia, is charged with petit larceny. Thompson is accused of stealing a bicycle from a parking lot.

When Kathy Hochul made a campaign appearance in Batavia at the YWCA, I asked her about Genesee County's deteriorating infrastructure and what could be done about it at a federal level.

Hochul started by expressing concern about a problem that she sees across Western New York, with pot-holed roads and rusting bridges. As she spoke, it was almost as if the thought occurred to her on the fly -- why are we spending billions building roads in Pakistan when we have so needs here at home.

She picked up the theme in subsequent debates and appearances.

Today, Hochul's congressional office announced that she's kept her campaign promise, voting to reduce aid to Pakistan.

Press release:

WASHINGTON, DC – Today, Congresswoman Kathy Hochul voted in favor of Republican Congressman Ted Poe’s (TX-2) amendment to the Department of Defense Appropriations Act, which would cut funding to Pakistan by $1 billion. 

“Today’s votes were about priorities,” said Congresswoman Hochul.  “Would we rather spend a billion dollars in Pakistan or spend that money right here at home? I know the people of the 26th District would much rather have that money invested in infrastructure, education, and job creation right here in the United States, rather than in the country that hid Osama bin Laden.”

Since being sworn in last month, one of Congresswoman Hochul’s top priorities has been cutting spending and reducing our deficit. In addition to cutting funding to Pakistan, Congresswoman Hochul today voted to cut $675 million from infrastructure in Afghanistan, citing the need to improve infrastructure in our own communities.

First goal after leaving the court house around noon -- getting a pulled pork sandwich from Alston's at the Downtown Public Market. Second goal, photos at the market.

Both goals accomplished.

And I also learned that Alston's now participates in the Genesee Country Farmers Market at Batavia Downs. That market is open on Tuesdays and Fridays, but Alston's is only there on Fridays.

The downtown market appears to be doing very well this year. There was certainly a great selection New York fruits and vegetables to "heart."

Batavia PD is responding to Main and Oak to check on reports of a traffic light malfunction.

One caller states she's been stuck at a light for 12 minutes.

Another caller says traffic is "backing up pretty good."

Ronald A. Smith, a Level 3 sex offender facing three new felony charges, has been given a plea offer that would reduce his time in prison to five years.

Or he could take his case to trial, risk conviction, and a maximum sentence of 21 years in jail.

He has until Aug. 8 to decide.

Last month, Smith was convicted in a jury trial of failing to register his proper address as a sex offender.

He will be sentenced on Aug. 8 on that charge, with a possible sentence of up to three and a half years in prison.

If he pleads guilty to one count of sexual abuse in the first degree, he would receive a concurrent sentence of five years max.

The three sexual abuse counts carry a maximum possible sentence of seven years each, and the sentences could be imposed consecutively.

District Attorney Lawrence Friedman explained the plea offer in Genesee County Court this morning when Smith appeared so a trial date could be set on the sexual abuse charges.

Jury selection will begin Oct. 24 if Smith doesn't accept a plea deal on or before Aug. 8.

UPDATE: To clarify the sentencing options on the failure to register conviction. Smith can receive one of two possible indeterminate sentences, either one and a half to three years in state prison, or two to four years. So, on that charge he could likely serve from one and a half to two years, with credit for time already served. If he accepts the plea offer on just one count of sexual abuse, he would receive a determinate sentence of five years.  

Previously:

• Level 3 sex offender out of prison less than four months before new allegation
• Level 3 sex offender accused of sexual contact with a child in the city
• Level 3 sex offender turns down plea deal, trial set on failure to register charge
• Level 3 sex offender found guilty of failing to register address change

A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.

Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.

"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up  needing more.

"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."

Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.

"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."

Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.

"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.

Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.

"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."

For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.

UPDATED 11:20 p.m.

A Batavia High School student has been arrested, accused of giving an unknown type of pill to minors at Farrall Park on May 28, reportedly making the minors ill.

Charged with two counts of endangering the welfare of a child is Ryan F. DiMartino, 16, of 8821 Rollin Circle, Batavia.

DiMartino was arrested by Batavia PD Officer James DeFreze, who said in a news release that DiMartino was arrested following a  "lengthy investigation."

While police can't release the age of the alleged victims, DeFreze said in an interview that the minors were younger than DiMartino.

Though the alleged victims became ill, they did not require medical treatment, DeFreze said.

Following arraignment in Batavia City Court, DiMartino was released and scheduled to reappear on July 12.

A car has struck a tree on Trumbull Parkway. City Fire Department and Mercy EMS on scene.

UPDATE: There didn't appear to be any injuries.

A Bergen man was reportedly the victim of a gun shot during a fireworks display in Rochester on Monday evening.

Daniel MacKey, 40, checked himself into UMMC after returning from the fireworks in Rochester and medical staff found a bullet in his leg.

MacKey was apparently sitting on his truck with his daughter during the show when he felt a sharp pain in his leg just above the knee. He noticed blood and walked over to Rochester firefighters who where nearby and the firefighters bandaged up his leg.

He then returned to Batavia to have his leg examined locally.

The wound was reportedly caused by a small caliber bullet.

Investigators do not believe MacKey was targeted, but there are no suspects at this time. The shooting remains under investigation.

A car has hit a pole on Cedar Street near the Sandwash.

Mercy EMS and City Fire Department dispatched.

UPDATE: No to very minor injuries.

Someone has suffered a lacerated finger following a reported car versus motorcycle accident in front of 14 East Ave.

City of Batavia Fire Department and Mercy BLS (non-emergency mode) are responding. The location is between Columbia Avenue and Ross Street.

A 20-year-old man sustained only minor injuries after his car careened off the Thruway, onto the south shoulder of the roadway, flipped and landed on its roof in a ditch.

The driver managed to pull himself out of the wreckage and is being transported by Mercy medics to UMMC.

The accident happened at 4:03 p.m. He was heading eastbound when, for reasons unknown, his Honda sedan veered off the Thruway.

The accident scene was about 20 feet from curve where Park Road becomes Veterans Memorial Drive.