batavia

GOW Counties Overdose Awareness event at Austin Park in Batavia.

See also: Overdose Awareness Day highlights work of peers, need for more support for recovery

Chris Jacobs was in Batavia today and this morning he stopped by The Coffee Press for an interview with The Batavian.

A man who suffered serious burns Monday night after a kitchen fire broke out in Apartment #44 at Walden Estates on Bank Street in Batavia is now listed as being in satisfactory condition at Strong Memorial Hospital in Rochester.

Batavia Fire Chief Stefano Napolitano has not officially released his name.

Firefighters were on scene in under four minutes from the time they were dispatched at 9:13 p.m. Aug. 26.

Richard D. Hanes, the 37-year-old parolee who beat Raymond Lee Morgan to death with a hammer on July 24, 2018, at 111 Liberty St., in the City of Batavia, had nothing to say for himself before Judge Charles Zambito sent him to prison for 25 years to life this morning.

It was the most severe sentence available to Zambito for the savage murder under state law.

Zambito described the murder of Morgan as brutal; any man who could deliver 20 to 25 blows to another human being with a hammer and then try to evade capture and show no remorse is a danger to society.

State law will permit Hanes to become eligible for parole someday and a parole board will ask Zambito for his opinion and Zambito said he will oppose Hanes ever being released from prison.

Zambito noted that Hanes, whose career as a criminal began in 1996, has been released on parole four times and probation twice, and each and every time Hanes violated the terms of release.

"A person with that personality doesn't belong in civil society," Zambito said.

Hanes sat motionless, staring straight ahead, throughout today's proceedings, and he declined an invitation by Zambito to make a statement before sentencing. But members of Morgan's family had plenty to tell Zambito and they took the demeanor of Hanes as a sign that he didn't regret taking the life of the father of two living daughters and seven grandchildren.

"You get to live and breathe while my father is in an urn," one of Morgan's daughters said (Raelee and Faith Morgan stood at the podium together while making their statements).  

"Life in prison isn't good enough for the pain and suffering you've caused our family," she added.

Morgan's sister Nancy Raymond said, "You made the decision to take Ray's life, making it necessary for us to serve a life sentence without his smile, his laugh and his love."

Sister Natalie Urbansky said she got to spend 41 years with her brother. Because of Hanes, that opportunity is denied to Morgan's grandchildren.

"I don't want Richard to feel bad for me," she said. "I want him to feel bad for (Morgan's) kids and his grandkids, who won't have the years with him that we had."

District Attorney Lawrence Friedman said Batavia PD detectives who investigated the case described a grisly crime scene. They gathered the DNA evidence on the hammer and a hat, and processed the bloody mess resulting from the mayhem inside of Morgan's apartment. Given the lurid details and the eloquent statements of Morgan's family, there wasn't much more Friedman could add in arguing for the maximum available sentence.

Friedman said he agreed with the family's assessment that Hanes showed no remorse for his murder of Morgan.

Defense attorney Fred Rarick argued for the 20-year prison term Hanes was initially offered in a plea bargain that Hanes (inset photo, right) turned down, noting that both the judge and the DA were aware of the brutality of the crime at the time of the offer. He also said his client disagreed with the jury's verdict.

When Zambito pronounced his verdict, the more than 20 family members and friends in the court, and at least one juror who voted to convict Hanes, applauded. 

After the sentence was handed down, and as Hanes was led out of the courtroom by deputies, a member of Morgan's family yelled "You monster! I hope you never walk the streets again."

Top photo: Family photo of Ray Morgan.

Lizbet D. Cramer, 42, of Dellinger Avenue, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation found she was allegedly not providing adequate supervision for a child in her care who was on declared by Family Court as a "Person In Need of Supervision" -- PINS (a child under the age of 18 who does not attend school, or behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians or other authorities). Cramer was arrested and issued an appearance ticket for Sept. 10 in Batavia City Court. The case was investigated by Det. Eric Hill.

Jennifer Reed, 45, of Wood Street, Batavia, is charged with petit larceny. It is alleged that at 11:43 a.m. on Aug. 24 that she stole a bottle of Vitamin C from the Dollar General Store on East Main Street in Batavia. She is accused of concealing the item then exiting the store without paying for it. She was arrested and issued an appearance ticket for Aug. 27 in Batavia City Court. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Miah Davis.

A property damage accident is blocking the roadway in the city in front of 14 W. Main St. Minor injuries reported. A vehicle slammed into a tractor-trailer at the junction of Main and Ellicott streets. A first responder on scene says the passenger vehicle's tires are blown and it's "flat on the ground."

Dan's Tire is en route with a flatbed tow for the passenger vehicle.

The location is just east of Porter Avenue.

"Traffic is pretty bad," says a first responder.

City fire is on scene, along with law enforcement. Mercy medics are called to aid an elderly female who was a passenger in the car.

This double is a great investment! Call Lynn at Reliant Real Estate today at 585-344-4660 today or click here for more information on this listing.

Photos and information from Teresa Tamfer, Batavia Society of Artists:

The Batavia Society of Artists is hosting artist Shauna Blake (in top photo) from 7 to 9 p.m. on Tuesday, Sept. 10th at GO ART!, inside Seymour Place, 201 E. Main St., in Downtown Batavia.

Blake will be doing a hands-on alcohol ink demonstration.

Non-members welcome with a $5 fee.

Below, Blake's "Teal Rust Reflect."

Bottom, Blake's "Purple Bloom."

Junior D. Benedict, 40, of West Bay Street, Englewood, Fla., is a registered sex offender charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. At 7:40 p.m. on Aug. 25, Benedict was arrested following an investigation. He allegedly failed to register his change of address within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. It is also alleged that he falsified a sex offender address change form at the Genesee County Jail, which is in the City of Batavia. He was arraigned in Batavia Town Court and put in jail without bail. He was due to return to Batavia Town Court on Aug. 25. He is scheduled to appear in the City of Batavia Court to answer the falsifying business records charge on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Carlos Daniel Dejesus, 20, of Clifford Avenue, Rochester, is charged with: two counts of criminal possession of a controlled substance; unlawful possession of marijuana; plate display violation; and operating a motor vehicle without a driver's license. At 10:22 p.m. on Aug. 23, Dejesus was stopped on Route 490, mile marker 0.1 in Le Roy for allegedly not having a distinctive rear license plates displayed on his vehicle. It is alleged that he was subsequently found to be operating without a license. "Criminal indicators" were observed and the vehicle was searched. Dejesus's passenger, and Angelle L. Dreier, no age or address provided, was also charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana. Both were allegedly found to possess cocaine and marijuana. They were issued appearance tickets for Town of Le Roy Court on Sept. 12. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Submitted photos and press release:

Over the this coming Labor Day weekend, Aug. 31 through Sept. 2, Genesee Country Village & Museum in Mumford will offer its neighbors a sweet deal: free admission for residents of Le Roy and Batavia (as well as Caledonia, Mumford, Scottsville and Avon).

Residents of those communities need only show proof of residency (i.e. ZIP Code) to get in for free, including on Labor Day when the Museum celebrates its Hop Harvest Festival.

In addition, a shuttle bus will run from Buffalo and Batavia to the Museum and back on Monday, offering a safe and convenient way for people to enjoy the day.

The bus will stop at the Williamsville AAA office and Batavia Downs Gaming & Hotel before heading to GCV&M in the morning, then return on the same route for afternoon drop-offs.

Bus reservations are required and there is a $10 fee for bus tickets, allowing visitors to relax and enjoy Hop Harvest and all the tastings on offer. Details can be found on the Museum’s website, gcv.org.

As one of New York State’s original cash crops, hops are enjoying a revival with the burgeoning craft beer industry that’s been thriving locally. During the Hop Harvest Festival on Labor Day, the Museum will take visitors on a tour of hop history, and provide a taste of the present day with their own signature craft brews, created from historical recipes and brewed locally by CB Craft Brewers.

Visitors to the Museum can tour the only working 19^th-century brewery in the United States and see the hops being harvested on site. In addition to the signature Fat Ox and Intrepid Ales on tap, there will be beer-inspired food tastings on hand throughout the village, as well as demonstrations and crafts all related to the theme of hops and history.

For families, games and sack races make for a fun day for all ages, plus a walk down to visit the farm animals is always a popular option. In the John L. Wehle Gallery, two exhibits are currently running, the popular "Victoria’s Closet" and the engaging "Working Like a Dog."

Genesee Country Village & Museum is open from 10 a.m. – 4 p.m. Tuesday-Sunday, plus Labor Day.

Presale tickets for Hop Harvest are discounted $2 each when purchased through the Museum website for a reduced cost of $20 adults/$17 seniors/$17 college students/$12 youth/free for children 3 and under. GCV&M members receive free admission.

Support for the Hop Harvest Festival provided by Market NY through I LOVE NY/New York State’s Division of Tourism as a part of the Regional Economic Development Council awards. This event is also generously sponsored by Tomkins Bank of Castile.

About GCV&M

It is the largest living history museum in New York State with the largest collection of historic buildings in the Northeast. The Museum, with its John L. Wehle Gallery, working brewery, vintage baseball park, and Nature Center, is located in Mumford, 20 miles southwest of Rochester and 45 miles east of Buffalo. Visit www.gcv.org for more information.

Top photo: Grieves Brewery at work, courtesy of Loyd Heath.

Bottom photo: Visitors at the farm, courtesy of Ruby Foote.

From the City of Batavia Fire Department:

At approximately 9:13 p.m. on Monday, Aug. 26, the City of Batavia Fire Department was dispatched to a possible kitchen fire at Walden Estates, 337 Bank St., apt. #44. First arriving fire units responded and were on scene in under four minutes from time of dispatch.

Submitted photos and press release:

When eight of the first nine Batavia Muckdogs had hits or walked in the first inning, it was going to be a good night of baseball

In the end, the Muckdogs (38-31) won, 10-0 to move 1.5 games ahead of West Virginia (36-22) and two games ahead of State College (36-33) in the race for the first place and the playoffs in the New York-Penn League Pinckney Division.

"We were clicking on all cylinders. All we needed was one run and the pitching did the rest," said Jack Strunc, a 25th-round draft pick of the Miami Marlins this year out of Creighton University (Omaha, Neb). "This was big win because we are building some momentum going into the West Virginia series, we heard they lost tonight, so that's big for us. Hopefully we can keep things going into the game tomorrow and the big series ahead."

The Muckdogs are home this morning at 11 o'clock for Senior Day, as there are $2 ticket specials and it's Pups in the Park.

Strunc had his best game of the season, going 3-for-3 with his seventh double and five RBI's.

Milton Smith II (run, RBI), Troy Johnston (run) and Albert Guaimaro all had two hits.

Julian Infante had a two-RBI single and scored two runs, Andres Sthomes had a RBI single and scored and Sean Reynolds was walked twice, reached on an error and scored three runs.

On the mound, Julio Frias, a Muckdog all-star, went five innings of shutout ball scattering three hits with five strikeouts and only one walk. Frias, a lefty, is 5-3 on the season with a 2.60 ERA.

Brock Love tossed two scoreless innings with three strikeouts and one hit lowering his ERA to 2.66 while Jonaiker Villalobos went two scoreless innings striking out three allowing just one hit.

After the 11 a.m. game today, the Muckdogs travel to first-place West Virginia for three games, then return home Saturday night for a 7:05 game, which is Fan Appreciation Night and fireworks. The final home game of the season is Sunday at 5:05 p.m. against Auburn.

Tickets are available at muckdogs.com or stop by the Dwyer Stadium Ticket office between 10 a.m. and 5 p.m. during the week. The number is 585-483-3647.

(Top photo: Batavia Manager Tom Lawless and Nic Ready share a laugh in the dugout during a pitching change as Batavia jumped out to a 5-0 first inning lead and won, 10-0. Batavia is in first place in the New York-Penn League Pinckney Division by 1.5 games after the victory.)

(Bottom photo: Jack Strunc went 3-for-3 with a double and five RBIs, earning him a pie in the face from teammate Sean Reynolds after the Batavia Muckdogs won, 10-0.)

A second-alarm fire is reported at 337 Bank St. at the Walden Estates Apartments, Apt. #44, in Batavia. A man who lives there has burns on his arms and an ambulance is called in non-emergency mode.

The address is between Ross and Vines streets in the city. City fire and Alexander's Fast Team are called to the scene, along with Le Roy Fire Department.

This call was initially toned out as a kitchen fire.

UPDATE 9:33 p.m.: City Engine #12 is on scene.

UPDATE 9:37 p.m.: Responders are asked to bring overhaul tools to the scene.

UPDATE 9:44 p.m.: Batavia command tells Alexander the fire is mostly knocked down.

UPDATE 9:45 p.m.: Command reports fire is knocked down; overhaul commencing.

UPDATE 11:51 p.m.: The American Red Cross was reported en route about 10 minutes ago to assist the displaced occupants of the burned-out apartment.

Photos by Frank Capuano.

A letter in Friday's mail at the Genesee County Sheriff's Office took the term "snail mail" to a whole nother level -- the batch contained an envelope postmarked 12 p.m. Aug. 30, 1929, from Youngstown, Ohio to a man living at 14 Main St., the address of the local jail.

That's exactly one week shy of 90 years: Aug. 30, 1929, to Aug. 23, 2019.

"We thought it was pretty interesting," said Sheriff William Sheron this afternoon.

Even more notable is the black stamp on the left side of the "via air mail" envelope, distinctly bordered in red, white and blue, declaring it was being delivered by the "first official airmail pick-up in the United States."

Like the sender, the courier was also out of Youngstown, Ohio, a newfangled service named "Adams Non-Stop Method."

But the missive for Carl L. Wenzel was obviously dead in its tracks someplace.

The back of the envelope shows a stamp indicating it arrived promptly in Batavia, NY, at 9 a.m. on Aug. 31, 1929.

So Adams Non-Stop Method was fast; its claim valid. Trusty pilot Harry Seivers did his job.

The Batavia Postmaster at the time was Henry R. Ware (tenure 1927 to 1933). To think that this piece of mail has been next door to the jail at the Post Office on Main Street perhaps all this time...

But the U.S. Postal Service is dedicated and, by God, if a piece of mail turns up, they'll get it to you regardless. Remember their motto: "Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds."

The passage of time is irrelevant, even though the intended recipient is long dead. It's the principle that counts.

The envelope intended for Wenzel only contained seven small blank rectangles of paper, sent to him by someone apparently wanting to correspond or at least supply him with the means to correspond with somebody.

The sender in 1929 paid for two five-cent stamps with bespectacled Teddy Roosevelt on them -- a value of $1.50 in today's dollars. That's when gas was a quarter a gallon and a pound of steak cost 52 cents -- before the stock market crashed two months later and changed everyone's math for the worse for a long time.

(Here's a link where ephemera buffs can bid on similar pieces of mail.)

Below, the seven blank pages of writing paper that were inside the envelope.

Bottom, the back of the envelope, showing it was received in Batavia, NY, at 9 a.m. Aug. 31, 1929.

Alan R. Price, 24, of Chili Avenue, Rochester, is charged with: endangering the welfare of a child; criminal contempt in the first degree; and second-degree strangulation. Price was arrested on Aug. 12 for an incident reported at 8 a.m. on April 11 on North Spruce Street in the City of Batavia. He was arraigned in Batavia City Court and jailed on $5,000 cash or bond. The case was investigation by Batavia Police Officer Matthew Wojtaszczyk.

Kaleb J. Bobzien, 21, of Dellinger Avenue, Batavia, is charged with criminal contempt in the first degree. He was arrested after a domestic incident investigation in which it is alleged that he had contact with a protected person at 9:50 a.m. on Aug. 22 on Dellinger Avenue. Bobzien was jailed without bail and was due in Batavia City Court today (Aug. 26). The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Sean Wilson.

Brandon C. Dodd, 32, of Clinton Street, Batavia, is charged with: petit larceny; second-degree burglary; and second-degree criminal contempt. He was arrested on Aug. 24 after a domestic incident on Highland Park, Batavia. It is alleged that he broke into the home of a protected person and stole money. He was arraigned in Batavia City Court Aug. 24 and jailed without bail pending his return to city court today (Aug. 26). The case was handled by Batavia Police Officer Marc Lawrence.

Kevin Hal Deet, 69, of Rogers Road, Hamburg, is charged with trespass. He was arrested at 8:22 p.m. on Aug. 25 at Batavia Downs Gaming and Hotel on Park Road in Batavia after allegedly refusing to leave after being told to do so by security officers and deputies. He is due in Batavia Town Court on Sept. 12 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Andrew Hale.

Danielle E. Cummings, 41, of Batavia Oakfield Townline Road, Batavia, is charged with aggravated unlicensed operation of a motor vehicle in the first degree. Cummings was allegedly observed driving on Verona Avenue in the City of Batavia at 2:41 p.m. on Aug. 23 while having 17 active suspensions -- fifteen of them on 12 dates. She was arraigned in Batavia City Court and jail in lieu of $500 bail. She is due in city court at a later date. Sgt. Dan Coffey handled the case.

Taylor L. Finnin, 26, of Highland Park, Batavia, is charged with possession of a hypodermic instrument and loitering while unlawfully using a controlled substance in a public place on Jefferson Avenue in Batavia at 1:55 p.m. on July 9. He was arraigned Aug. 22 in Batavia City Court and jailed in lieu of $1,500 cash or $3,000 bond. The  case was investigated by Batavia Police Officer Jordan McGinnis, assisted by Officer Christopher Lindsay.

Ashley Marie Silliman, 23, of West Genesee Street, Corfu, is charged with petit larceny. She was arrested following a shoplifting complaint at the Dollar General on East Main Street in Batavia at 1:42 p.m. on Aug. 21. She issued an appearance ticket and is due in Batavia City Court on Aug. 27. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Photo and story by Alecia Kaus/Video News Service.

Brandon R. Fogg, 32, who pulled a fake BB gun out during a tussle with Batavia Police Officer Darryle Streeter in June, showed up late to Genesee County Court this morning, shortly after a warrant was issued for his arrest.

The Batavia resident pled guilty to first-degree menacing, a Class E felony, in Genesee County Court on June 21.

Fogg admitted then he intentionally put a person, Batavia Police Officer Darryle Streeter, in danger by displaying a black imitation BB pistol during an altercation with Officer Streeter on Ellicott Street near Cedar Street about 12:30 a.m. on June 5.

Officer Streeter had observed Fogg in the passenger seat of the vehicle being operated with an illegal tire and conducted a traffic stop as Fogg was wanted in a trespassing incident.

During the stop, Fogg attempted to flee from Officer Streeter.

Officer Streeter was able to take Fogg to the ground, where he began to fight with Officer Streeter.

Fogg pulled a BB pistol from his pocket and tried to turn it toward Officer Streeter. An employee of a local business observed the struggle and was able to step on Fogg's wrist, which made him lose his grip on the imitation gun. Officer Streeter was subsequently able to take Fogg into custody.

For the second time this month, Fogg’s sentencing was delayed so he could participate in a substance abuse program at the GCASA -- Atwater House.

GCASA – Atwater Home provides a structured, chemical-free environment for men and women in recovery from drug and/or alcohol addiction and is located on East Main Street in the city.

On Aug. 1st, Judge Charles Zambito delayed sentencing and allowed Fogg to participate in a 21-day drug treatment program in Bradford, Pa.

Fogg was being held at the Genesee County Jail without bail, he was released under supervision to his mother on Aug. 1st.

According to Fogg’s public defender, Jamie Welch, Fogg completed the program in Bradford on Aug. 22 and was discharged. He has since been staying at a halfway house at the Atwater House.

Fogg was scheduled to appear in Genesee County Court for sentencing this morning (Aug. 26), but Fogg was not in court at the appointed time and Welch did not know his whereabouts. Judge Zambito then issued a warrant for his arrest.

After showing up at 10 a.m., Judge Zambito recalled the warrant and the case proceeded.

After the case was recalled, Welch requested a two-month adjournment on sentencing to see how Fogg does in the program. He told Judge Zambito he was hoping for a sentence of five years probation.

Judge Zambito agreed to the two-month adjournment and requested reports from the program at Atwater House.

“I would like to know as soon as he is finished or if he was terminated from the program,” said Judge Zambito.

Zambito then warned Fogg if he was terminated from the program a warrant for his arrest would be issued.

“Considering the seriousness of the offense, there are no promises from me, you are working towards avoiding a state prison sentence.”

Fogg is scheduled to appear for sentencing at 1:30 p.m. on Oct. 30.

For previous coverage of Brandon Fogg and the incident involving Officer Darryle Streeter:

Citizen assists officer in struggle with suspect who allegedly pulled weapon from his pocket​

Batavia man accused of using BB gun to menace city cop pleads guilty​

Man who menaced cop with BB gun given chance for drug treatment​

City police are responding to the JCPenney parking lot for a report of a dog locked inside a black Chevy sedan with the windows rolled up.

From the City of Batavia Fire Department:

The City of Batavia Fire Department will be flushing / testing fire hydrants on Tuesday, Aug. 27, Wednesday, Aug. 28, and Thursday, Aug. 29 from about 9 a.m. to 3 p.m. in the general area north of Main Street and west of Bank Street.

Homes and nearby businesses will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if yopur water appears discolored. If you do see discoloration of your water, run cold water for about five minutes or until clear.

Photos and information from reader Phil Fava:

Fava Brothers Lawn Care Service won the 2019 Championship of the Batavia Men’s Softball League on Thursday, Aug. 22nd, at Kibbe Park in Batavia.

This is their first championship in more than 12 years of sponsorship in the league and they are very proud of it! They ate cake to celebrate.