batavia

The John Gardner Society's annual October reading of the late Batavia author's work is virtual this year instead of at his favorite restaurant, the Pok-A-Dot.

The reading, and hopefully the livestream, is scheduled to start at 8 p.m.

A caller to dispatch reported a man throwing a bag full of something over the fence onto the grounds of the Batavia VA Medical Center. A law enforcement officer responded and reports retrieving a Wegmans grocery bag filled with about $300 worth of electronic goods from Kohl's department store. It had been tossed into some cattails on the property. The officer is returning the merchandise to Kohl's.

"Gatlin Knox Einhiple chilling in a fall tub."

His mother, Alyson Einhiple, took the picture and his father, Ryan Einhiple, submitted it. The family lives in Batavia.

Denzell A. Johnson is indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Jan. 30 Johnson possessed a loaded firearm -- a SCCY CPX-2 9-mm handgun. In count two, he is accused of criminal possession of a weapon in the third degree, a Class D felony. In count three, Johnson is accused of criminal possession of a weapon on school grounds, a Class E felony. It is alleged in count three that on Jan. 30 he had the handgun while at Jackson Elementary School without written authorization of the educational institution. In count four, Johson is accused of criminal possession of a firearm, a Class E felony. In counts five and six, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing cocaine and methamphetamine that day. In count seven, Johnson is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count seven that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count eight, Johnson is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count eight that the defendant failed and refused to stop the vehicle he was operating when directed to do so by a Genesee County Sheriff's deputy, then fled on foot from his vehicle in an attempt to prevent the deputy from performing an official function as a police officer. In count nine, Johnson is accused of unlawfully fleeing a police officer in a motor vehicle in third degree, a Class A misdemeanor. It is alleged in count nine that Johnson, knowing he had been directed by a uniformed police officer or marked police vehicle with activated lights or lights and sirens, attempted to flee by engaging in reckless driving. In count 10, Johnson is accused of reckless driving, a misdemeanor, by driving a 2006 Dodge on a public roadway Jan. 30 in a manner that unreasonably interfered with its free and proper use, or unreasonably endangered users of the roadway. In count 11, the defendant is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for driving while his privilege to do so was suspended by authorities. In count 12, Johnson is accused of unlicensed operation of a motor vehicle, a violation, for driving without being duly licensed to do so. In count 13, Johnson is accused of knowingly using, possessing or displaying an imitation or counterfeit official certificate of inspection for the 2006 Dodge. In Special Information filed by District Attorney Lawrence Friedman, Johnson is accused of having been convicted of the crime of unauthorized use of a vehicle in third degree, a Class A misdemeanor, on March 2, 2015 in Town of Brighton Court and that conviction forms the basis for count two of the current indictment.

Donald Brown is indicted for the crime of third-degree criminal possession of a controlled substance, a Class B felony. It is alleged that on Aug. 12 that Brown knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Brown is accused of the same crime for allegedly also possessing fentanyl with intent to sell it. In count three, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug -- cocaine -- and these had an aggregate weight of one-eighth of an ounce or more. In count four, Brown is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count four that Brown knowingly and unlawfully possessed a controlled substance -- suboxone. In count five, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count five that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count six, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property.

Kahel Suttles Jr. and Ericka K. McBride are indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Feb. 23 in the Town of Batavia that they stole property valued in excess of $3,000 in merchandise from Target ($3,200.84). In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly agreeing to intentionally commit a felony. In counts three and four, Suttles and McBride are accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property -- clothing from Dick's Sporting Goods, and miscellaneous items from Marshalls. In count five, Suttles and McBride are accused of possession of burglar tools, another Class A misdemeanor. It is alleged in count five that they possessed tinfoil that they used to cover security tags to prevent sensors from being activated when merchandise was taken from the stores. In counts six and seven, the duo is accused of sixth-degree conspiracy, a Class B misdemeanor, for allegedly agreeing to steal property from Dick's Sporting Goods and Marshalls, respectively.

Kevin M. Waleski Jr. is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on June 26 Waleski knowingly unlawfully entered a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In counts two and three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property -- stairway spindles, and a door frame and lock, respectively. In count four, the defendant is accused of resisting arrest, another Class A misdemeanor, for allegedly attempting to prevent a police officer from arresting him or another person on the same day. In count five, Waleski is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for allegedly intentionally attempting to obstruct a public servant from performing an official function and did so by means of intimidation, physical force, interference or unlawful act.

Ov Murphy is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on April 10 Murphy knowingly entered a building unlawfully, a unit on Highland Park, City of Batavia, with the intent to commit a crime. In count two, Murphy is accused of the same crime while using or threatening to use a dangerous instrument -- a knife. In count three, Murphy is accused of second-degree attempted assault, a Class E felony, for intentionally causing physical injury to a person by means of a dangerous instrument, a knife, in the commission of a crime. In count four, Murphy is accused of second-degree menacing, a Class A misdemeanor, for intentionally placing or attempting to place another person in reasonable fear of physical injury by displaying a knife. In count five, Murphy is accused of criminal possession of a weapon in the third degree, a Class D felony, for possessing a dangerous knife with the intent of use it unlawfully against a person. In Special Information filed Genesee County District Attorney Lawrence Friedman, Murphy is accused of having been convicted of the crimes of: attempted rape in the third degree, a Class A misdemeanor, on July 23, 1998 in Batavia City Court; driving while intoxicated, as a misdemeanor, on Oct. 2, 2003 in Batavia Town Court; two counts of second-degree criminal contempt, a Class A misdemeanor, on March 31, 2006 in Batavia City Court; a third count of second-degree criminal contempt on March 6, 2007 in Batavia City Court; and sex offender failure to report change of address/status within 10 days, a Class A misdemeanor, on May 3, 2007 in Batavia City Court. The convictions form the basis of count five in the current indictment.

Eric H. Hess is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on Feb. 25 in the Town of Le Roy that, believing evidence was about to be produced and intending to prevent that, Hess acted to conceal, alter or destroy it by employing force, intimidation or deception. Hess is accused of tearing open a bag of cocaine and dumping its contents in the backseat and floor area of Genesee County Sheriff's Patrol Car 13. In count two, Hess is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly unlawfully possessing a controlled substance that day -- cocaine.

Nicholas C. Doell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between Sept. 1 and 2, Doell knowingly and unlawfully entered a garage on Lippold Road in the Town of Darien with the intent to commit a crime. In count two, Doell is accused of unauthorized use of a motor vehicle, a Class D felony, for taking a 1957 Ford Thunderbird, knowing he did not have the owner's consent, with the intent of using it in the commission of a felony. In count three, Doell is accused of aggravated family offense, a Class E felony, for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, in violation of a valid stay away order of protection. In count four, Doell is accused of a second count of aggravated family offense for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, by intentionally disobeying a mandate of the court -- a valid stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Doell is accused of having been convicted of second-degree criminal contempt and fourth-degree criminal mischief on Aug. 31 in Darien Town Court. Those crimes were committed against the same family or household and the convictions took place within the last five years, in violation of the time frame specified in NYS penal law (240.75(1)).

Albert A. Ackerman is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on July 15 at the Quality Inn and Suites Hotel on Park Road in the Town of Batavia that Ackerman violated a stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Ackerman is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 31 in Livingston County Court and that conviction was within five years of the crime alleged in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Sept. 2 in the area of Hutchins Place in the City of Batavia that he possessed a billy (expandable baton). In Special Information filed by District Attorney Lawrence Friedman, McGill is accused of having been convicted of: attempted making a terroristic threat, a Class E felony, on Nov. 10, 2008 in Orleans County Court; third-degree menacing, a Class B misdemeanor, on Sept. 7, 2017 in Town of Shelby Court; and attempted petit larceny, a Class B misdemeanor, on June 13, 2018 in Town of Albion Court. The convictions form the basis for the current indictment.

Deborah A. Schlonski is indicted for the crime of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged that on March 16 Schlonski drove a 2005 Chevrolet on Griswold Road in the Town of Le Roy while knowing her privilege to drive was revoked by authorities and she did so while under the influence of alcohol or a drug. In count two, she is accused of driving that day on Griswold Road while ability impaired by drugs, a Class E felony. In Special Information filed by District Attorney Lawrence Friedman, Schlonski is accused of having been convicted of driving while intoxicated on March 14, 2019 in Town of Stafford Court. That conviction forms the basis for the revocation referred to in count one of the current indictment.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 on Pearl Street Road in the Town of Batavia that Post drove a 2003 Chevrolet while under the influence of alcohol or a drug. In count two, Post is accused of driving while intoxicated, as a misdemeanor, on May 24. In count three, Post is accused of DWI per se, as a misdemeanor, for having a BAC of .08 percent or more that day. In count four, Post is accused of failure to keep right, a violation. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by the consumption of alcohol on June 18, 2018 in Coxsackie Town Court, Greene County, and that conviction forms the basis for the unlicensed operation referred to in count one of the current indictment.

Paul D. Hussey is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that on Oct. 24, 2019 Hussey did not appear in Genesee County Court in connection with a charge against him as required when he was released from custody or allowed to remain at liberty, either upon posting bail or on his own recognizance, upon condition that he would appear on the required date or voluntarily within 30 days thereafter.

The third meeting of the Batavia's Police Collaboration Advisory Stakeholder Group covered several topics related to the local criminal justice system, including:

• Restorative Justice/Genesee Justice;
• Implicit bias training;
• The juvenile diversion program;
• Procedural justice -- standards of conduct, community relations, and biases in policing.

Cathy Uhly, program coordinator for Genesee Justice (top photo), spoke about restorative justice at the meeting on Thursday night at the City Centre Board Room.

In contrast to punitive justice, which doesn't take into account victims and ignores any possibility of rehabilitation, restorative justice gives an opportunity for crime victims to be heard so that criminals might better understand the impact of their actions as well potentially make amends or pay restitution. It also offers offenders an opportunity to reform and become productive members of society.

Genesee Justice was the first county-level restorative justice program in the nation, was started in 1980 by then-Sheriff Douglas Call, former probation officer Dennis Wittman, and former County Court Judge Glenn Morton.

Genesee Justice represents criminal victims, supervises accused criminal defendants prior to sentencing, manages DWI (driving while intoxicated) convicts going through the conditional discharge program, and conducts a judicial diversion program.

Julie Carasone, a certified trainer who will conduct an implicit bias seminar for Batavia police officers in December, gave a brief overview of the training course she will present. 

Implicit bias is a bias a person might possess and be unaware of it. The course Carasone teaches involves exercises to help people learn both how biases affect their perceptions and judgments and the roots of such biases.

The course also touches on cognitive biases such as confirmation bias and the halo effect.

A confirmation bias is the tendency of people to seek out information that confirms what they already believe and dismisses information that contradicts their beliefs. The halo effect is attributing abilities or attributes to a person for no other reason than appearance, speech or past performance.

Her training also covers institutional, structural and historic racism.

Paula Campbell, an attorney in the County Attorney's Office who works in Family Court, spoke about current diversion programs designed to help young people from getting caught up in the justice system and learning to cope with any problems they might have.

Programs include PINS (person in need of supervision), youth court, family court, and programs for youths determined to be juvenile delinquents.

What program a youth enters depends on age, the severity of any behavioral issues of criminal conduct, and past record.

Anybody in the community can refer a youth to probation for consideration of possible intervention if that person has had harmed by a youth. Most commonly, referrals come from parents, schools or police.

In youth court, young people act as the judge, attorneys and jury to help deal with minor youthful offenses. It is the offender's peers who decide the best course of action to help correct a wrong or put youth on a more productive path.

Chief Shawn Heubusch spoke about police department policies that deal with procedural justice. These policies include standards of conduct, community relations, and bias in policing. These policies cover ethical behavior, building connections with community members, and avoiding prejudice in professional decision making.

The house at 43 Hutchins St., Batavia, has been ready for Halloween all month with a quite impressive larger-than-life human skeleton among other decorations.

For Batavia High School seniors, today was Make a Difference Day, the day seniors fan out around the community completing a variety of volunteer projects for community organizations.

Photos are from the seniors' clean-up project at the Batavia Cemetery.

Seniors also helped out at:

• All Babies Cherished Genesee ARC (participate in activities with individuals with disabilities) 
• Batavia First United Methodist Church (organizing and possible yard work)
• Genesee Cancer Assistance (organize office inside the hospital)
• Cornell Cooperative Extension (recording books for kids, assembling soil kits, organizing storeroom)
• Crossroads House (organizing kitchen cupboards, general indoor cleaning)
• Batavia First United Methodist Church (organizing and yard work)
• Genesee County Park (yard work at the outdoor learning center)
• Genesee County Youth Bureau (decorating Halloween bags)
• Genesee Orleans Art Council (help with artistic mural painting, landscaping, cleaning, wall painting)
• Habitat for Humanity (construction work)
• Holland Land Office (yard work) 
• Kiwanis Park
• Manor House (gardening and landscaping)
• Batavia Peace Garden (yard work, painting)

Last night on East Avenue in Batavia.

Press release:

This Saturday, Oct. 24, from 10 a.m. to 2 p.m.,Genesee County law enforcement agencies and the U.S. Drug Enforcement Administration will give the public an opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. 

Bring your pills to either of these collection sites below for disposal: 

• Pembroke Town Hall, Route 5 at Route 77 in Pembroke -- received by Genesee County Sheriff Deputies;
• Alva Place Parking Lot, Batavia (across the street from Batavia Showtime movie theater located in the Genesee Country Mall) -- received by Batavia Police Officers. Sharps will also be accepted at this location only.

The service is free and anonymous; no questions asked. Collection sites will follow local COVID-19 guidelines and regulations, which includes masks for citizens dropping off medication.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.  

Last fall, Americans turned in nearly 883,000 pounds of prescription drugs at nearly 6,300 sites operated by the Drug Enforcement Agency and almost 5,000 of its state and local law enforcement partners.

DEA, along with its law enforcement partners, has now collected nearly 6,350 tons of expired, unused, and unwanted prescription medications since the inception of the National Prescription Drug Take Back Initiative in 2010.

Legacy Insurance Group held a grand opening and ribbon-cutting today at the company's new office at 212 E. Main St., Batavia.

Legacy Insurance will be a local resource for Medicare Advantage plans through UnitedHealthcare, as well as several life insurance options, and can help with navigating health insurance choices on the NYS of Health Marketplace. 

Agent Diana M. Wagner resides in Stafford with her husband, Ron, and two of her three children, Bobby and Rachel.

In the photo, Wagner cuts the ribbon surrounded by friends and family along with Tom Turnbull, president of the Genesee County Chamber of Commerce, and Ken Sciarrino, from United Healthcare (holding ribbon on right).

Press release:

The Muriel H. Marshall Fund for the Aging at Rochester Area Community Foundation is introducing new ways to connect with the great services it supports for older adults in Genesee County. 

A new website, askmarshall.net, shares how the Marshall family of programs supports healthy aging and also provides easy access to resources for aging well. Whether you’re older yourself, care for someone who is, or want to be a part of what makes aging in our county different, ask marshall is the place to start. 

Older adults also can get answers and connect to helpful resources through the new ask marshall helpline at (585) 815-7979 or by sending an email to:   askmarshall@co.genesee.ny.us

Over the past 20 years, guided by the vision of Roxanne Marshall, the Marshall-funded programs have helped thousands of older adults remain independent, engaged and supported as they age in Genesee County. Whether online, by phone or email, ask marshall — makes it easier to connect with these programs wherever you are, whenever you like.

The Muriel H. Marshall Fund for the Aging, was established in 1998 with a $7 million bequest from Roxanne Marshall, who grew up in Batavia. The fund was named in honor of her mother, whose later life experiences helped shape Roxanne’s vision to promote quality of life in later years. Roxanne’s bequest and vision were entrusted to Rochester Area Community Foundation.  

Because of the Foundation’s diligent fund management and leadership, along with guidance from a team of Genesee County residents, the Marshall family of programs has grown over the years to meet a wide range of local needs. 

Since 1999, the Marshall Fund has distributed more than $8.3 million in 225-plus grants to support older adults in Genesee County.

JC Penney in Batavia closed its doors for the last time at 5 p.m. today. One potential shopper found she got there a little late for the last day of the store's going-out-of-business sale.

Dozens of friends and fans turned out Saturday afternoon to bid a fond farewell to Betsy Dexheimer, who at age 85 is moving to Ohio to live with her son, Paul.

Dexheimer was involved with several organizations in Batavia, including her church.

Previously: Drive-by parade tomorrow for beloved Batavian bound for Ohio

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Lt. Gov. Kathy Hochul was on hand Friday for an event commemorating the commencement of construction of another Downtown Revitalization Project, Ellicott Place.

Ellicott Place is converting the building that is currently home for Save-A-Lot and expanding it with retail and apartments. The V.J. Gautieri Construction Company is investing more than $1.5 million in the project with a portion of the city's $10 million state grant, the DRI award, covering the rest of the $3 million project.

A person is reporting head and chest pain following a two-car accident at Ellicott and Jackson streets in Batavia.

City fire is on scene.

Mercy EMS responding.

UPDATE 7:33 p.m.: A patient is being transported to UMMC.

City firefighters are on scene at 111 Jackson St. after a resident there reported the smell of smoke. The resident alerted others in the building and it was evacuated. Command reports finding a melted electrical outlet in an upstairs apartment.

Mercy medics are responding in non-emergency mode for a report of someone with burns.

The location is between Highland Park and Watson Street in the city.

UPDATE 2:25 p.m.: The patient was a sign-off. City fire is back in service.

Monroe County Sheriff Todd Baxter at a press conference today said a smash-and-grab burglary ring is responsible for more than 30 burglaries in six counties, including Genesee County.

On Sept. 16, GC Sheriff's deputies arrested two people who Sheriff William Sheron said are apparently part of the ring.  

Taken into custody and held on bail after allegedly being caught in the act of burglarizing the Crosby's at 6257 Clinton Street Road in Batavia were Jennifer D. Abrams and Tarus O. Fluitt.

On Sept. 28, Kristina Marble, Jose Cruz-Rosado and Eric Smith were arrested in Monroe County following a gas station burglary in Victor.

They are believed to have committed similar crimes in Genesee County, and all five individuals are suspected of being part of the same ring, Sheron said.

Their modus operandi is to smash out doors and windows and steal cigarettes and other items.

Sheron released a list of seven such burglaries in Genesee County:

• Aug. 16, Batavia Crosby's on Clinton Street Road. Troopers handled the case and details are not available at this time;
• Sept. 2, Bergen C-Store, 8073 Clinton Street Road, Bergen. Approximately $3,500 in cigarettes stolen, $325 in damages;
• Sept. 13, Byron Crosby's, 6890 Byron Holley Road, Byron. Approximately $5,500 in cigarettes stolen, $180 in lighters, and $1,130 in damage;
• Sept. 13, Bergen C-Store, a 20-pound propane tank used to smash the front door; the burglars failed to gain entry. The damage estimate is $325;
• Sept. 16, Le Roy Kwik Fill, 7010 W. Main St., Le Roy. Attempted burglary. Front door smashed with rocks but no entry. Estimated damage: $1,000. The subjects captured on video appear to be Abrams and Fluitt;
• Sept. 16, Batavia Crosby's, the location where Abrams and Fluitt were captured;
• Sept. 20, Pavilion Farms, 11091 Lake St., Pavilion. Troopers also handled this case.

More from our news partner 13WHAM.

Previously:

• Convenience store in Bergen burglarized, suspect sought
• Bergen C-Store reportedly robbed
• Law and Order: Rochester duo accused of burglarizing two gas stations

Staying on top of the news for you takes time but we could do more of it with more help. You can help us hire that help by becoming a supporter.

Overnight Thursday, burglars broke into the Batavia Bottle and Can Retrieval Center 583 E. Main St., Batavia, and stole property from inside the building.

A white van that may be associated with the crime was caught on camera.

Anyone with information that can assist in the investigation may contact Detective Sergeant Matt Lutey at (585) 345-6311 or call the confidential tip line at (585) 345-6370.