batavia

City fire and Mercy medics are responding to State Street for a report of a CO detector activation with ill affects for the occupants. A female, now across the street, says she has a headache. Her children are no longer inside, although an elderly man is believed to still be in there.

Shane Irwin Crosby, 38, of North Bergen Road, Bergen, is charged with manufacturing an illicit alcoholic beverage, a Class E felony. Crosby was found to have an illegal moonshine still during a visit by probation officers at 8:40 a.m., Oct. 26. Deputy John Weis was dispatched to investigate. Crosby is accused of operating a still without being a properly licensed distiller. He was issued an appearance ticket.

Dale S. Berglund, 39, of West Allis, Wisc., is charged with felony DWI. Berglund was stopped at 8:45 p.m. Sunday in the Village of Corfu for allegedly driving 51 in a 35 mph zone.

Willie Marshall, 61, of Batavia, is charged with forcible touching. Marshall was arrested following an investigation by the State Police Bureau of Criminal Investigation into a complaint that he inappropriately touched a 13-year-old girl while staying with her mother at a local motel.

Brett Nelson Magoffin, 39, Genesee Street, Pembroke, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Magoffin was stopped at 5:27 p.m. Sunday on Read Road, Pembroke, by Deputy Patrick Reeves.

Macayla T. Brown, 18, Ja'Nelle A. Smith, 18, and a 17-year-old, all of 8170 Batavia Stafford Townline Road, are charged with petit larceny. The trio are accused of stealing $366 in merchandise from Walmart.

Kaylee Louise Middaugh, 19, of Little John Road, Belfast, is charged with petit larceny. Middaugh is accused of pushing a cart full of merchandise out of Walmart without paying for the items.

Eric Vernon Biscaro, 57, of Ellicott Street Road, Batavia, is charged with assault ,3rd. Biscaro is accused of hurting another person during a domestic incident.

A fire this morning at 8 Wood S., Batavia, caused $35,000 in damage to the structure and building contents, according to the Batavia Fire Department.

The fire was caused by an electrical issue and started in the kitchen.

A second-floor resident climbed onto the roof of an alcove on the first floor and was rescued by a city firefighter.

A dog that barked to alert residents to the fire perished as a result of smoke in the residence.

The incident commander was Mark Mikolajczyk.

(initial post)

Photo by Frank Capuano.

City fire is responding to 174 Ross St., lower apt., for the odor of something electrical burning inside a wall.

UPDATE 11:07 a.m.: A city code enforcement officer is called in.

Smoke is reportedly coming from the house at 8 Wood St., located between Jackson Street and Pringle Avenue. Smoke is coming from the attic, too. City police are on scene and city fire is responding.

UPDATE 7 a.m.: The incident has gone to a second alarm.

UPDATE 7:05 a.m. Alexander's Fast Team and Elba fire is called to the scene. Mercy medics are requested for an evaluation. Town of Batavia fire is called to fill in at the city fire hall on Evans Street. Also, D "ESU 2" is called to the scene along with all off-duty platoons.

UPDATE 7:14 a.m.: Command reports fire knocked down. Overhaul started. The blaze is believed to have started in the kitchen.

UPDATE 7:27 a.m.: Alexander is returning to quarters.

UPDATE 7:50 a.m. (by Howard, info and photo from Alecia Kaus/Video News Service): A resident who lived on the second floor was rescued from the roof. A dog died. The fire started in the kitchen. Two people downstairs were evacuated. The second-floor resident is being evaluated in an ambulance on scene.

UPDATE (info from Alecia Kaus/Video News Service): the dog that perished had alerted residents to the fire. 

Beniluis Ruiz is indicted for first-degree sexual abuse, a Class D felony, for allegedly subjecting another person to sexual contact in the Spring of 2013 when that person was physically helpless and therefore incapable of consent.

All counts stem from alleged incidents in the Town of Pavilion.

• In count two, he is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct with a person less than 17 years old in December 2013 when he was age 21 or older;
• In count three, he is indicted for third-degree rape, a Class E felony. It is alleged that in December 2013 he engaged in sexual intercourse with a person under 17 years old and he was age 21 or older;
• In count four, he is indicted for criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on a second occasion with a person less that 17 years old in December 2013 while he was age 21 or older;
• In count five, Ruiz is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on Jan. 5 with a person under age 17 when he was 21 or older;
• In count six, he is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on Feb. 10 with a person under age 17 while he was 21 years old or older;
• In count seven, he is indicted for third-degree criminal sexual act, a Class E felony, for allegedly engaging in oral sexual conduct on a second occasion on Feb. 10 with a person under age 17 while he was age 21 or older;
• In count eight, Ruiz is indicted for third-degree rape, a Class E felony, for engaging in sexual intercourse on Feb. 10 with a person under age 17 while he was age 21 or older;
• In count nine, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting on Jan. 4-5 in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17;
• In count 10, he is accused of the same actions as in count nine, but involving a second child under age 17;
• In count 11, Ruiz is indicted for unlawfully dealing with a child, 1st, a Class A misdemeanor, for on Jan. 4-5 allegedly giving or selling or causing to be given or sold, alcoholic beverage(s) to a person under age 21;
• In count 12, he is accused of the same crime as count 11, but involving a second person under age 21.

Matthew D. Marvin and Brenden R. Jones are accused of fourth-degree grand larceny, a Class E felony. It is alleged that on June 20 in the Town of Batavia, they stole property valued in excess of $1,000, including baby monitors, K-9 Advantix products, Braun electric razors, Oral-B electric toothbrush, computer software, router, "spyder" wire and other products valued at $2,928.84 from Walmart. In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intending to commit a felony on June 20. They allegedly agreed with one or more persons to engage in this criminal conduct.

Christopher M. Colantonio is indicted for criminal possession of a forged instrument, 2nd, a Class D felony. It is alleged that on April 3 at a bank in the City of Batavia, he cashed a bogus check for $100, which was made payable to him and taken from another person's account. In count two of the indictment, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $100 by means of the aforementioned forged check.

Juanita Jackson, 58, of Ellicott Street, Batavia, is charged with juvenile curfew violation. Jackson is the legal guardian of a youth who was allegedly found in a public place within the city past juvenile curfew time. The youth was allegedly involved in criminal mischief, larceny from a vehicle and possession of stolen property at 10:50 p.m., Oct. 29. The youth fled from police and was later located hiding in St. Joseph Cemetery by K-9 Destro.

Reginald C. Sampson, 48, of Holland Avenue, is charged with resisting arrest, obstructing governmental administration, 2nd, and disorderly conduct. Sampson is accused of refusing to comply with officers requests during an investigation being conducted at his residence. Sampson reportedly became irate and allegedly began yelling obscenities, disrupting the peace of the neighborhood and interfering with the investigation. When told he was under arrest, Sampson allegedly became combative with officers. Williams was jailed following arraignment. (Previous report).

Deavin L.A. Herman, 20, of Caroline Street, Albion, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Herman was jailed on $500 bail.

Olivia M. Lyons, 21, of Judge Road, Basom, is charged with petit larceny. Lyons was arrested by Batavia PD following an investigation into complaints of numerous thefts from UMMC staff. Lyons is accused of stealing mobile phones Wednesday evening.

Kenneth M. Gray, 22, of Myrtle Street, Le Roy, is charged with acting in a manner likely to be injurious to a child less than 17 and harassment, 2nd. Gray was arrested on a warrant out of City Court related to an alleged incident Oct. 20.

Nathan J. Pascuzzo, 23, of Ellicott Street Road, Pavilion, is charged with DWI. Pascuzzo was stopped at 5:10 a.m., Nov. 2, after officer Peter Flanagan observed a vehicle on Ellicott Street driving on two flat tires.

Heather L. Draper, 25, of East Avenue, Batavia, is charged trespass. Draper is accused of entering a store she had been banned from entering.

Kelsey Anne Sanders, 27, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to pay a fine on a disorderly conduct charge. Sanders was released on $125 bail.

Joseph W. Freeman, 30, of East Avenue, Batavia, is charged with harassment, 2nd. Freeman allegedly punched another person in the face during a domestic argument at 4:45 a.m., Monday.

Crystal L. Lawrence, 30, of Main Street, of Batavia, was arrested on a warrant for alleged failure to appear.

Didier Asne Antoine, 20, of Jackson Street, Batavia, is charged with criminal trespass, 3rd. Antoine was allegedly on College Village property after being banned.

Robert Ray Davis, 53, of Main Road, Pembroke, is charged with unlawful dealing with a child. Davis allegedly hosted an underage drinking party at his residence.

Elizabeth Michelle Grattan, 24, of Maple Street, Batavia, is charged with burglary, 3rd, and petit larceny. Grattan is accused of entering Walmart after being banned for life from the store. She allegedly stole $110 worth of merchandise.

A fire is reported at the Walmart Super Center on Veterans Memorial Drive. The building has been evacuated. Flames are visible on the wall in the meat department of the food store. Town of Batavia Fire Department is responding.

UPDATE 7:52 a.m.: A fire is confirmed inside the meat cooler. Mutual aid from Oakfield fire is requested along with all available manpower from Town of Batavia.

UPDATE 8:06 a.m.: Oakfield is told to continue non-emergency with a fill-in unit for Town of Batavia's fire hall.

UPDATE 8:53 a.m.: Fire is out. A Health Department rep inspected the meat cooler and cleared the scene.

Press release:

The Group 2 winner of the Fire Prevention Poster Contest received her prize today. Violet March, a third-grader at St. Joseph School, received a ride on a fire truck to school. She boarded the truck at the fire station on Evans Street and from there took a tour of the City on Engine 11. She arrived at school and was greeted by her classmates. The poster contest is in its second year and sponsored by the City of Batavia Fire Department and the City Firefighters Union Local 896.

Top photo: Firefighter Art Smith, Captain Greg Shilvock, Fire Chief Jim Maxwell, Group 2 Winner Violet March and her mother Kelly March.

Bottom photo: Captain Greg Shilvock, Violet March and firefighter Art Smith in driver’s seat. 

According to workers at the 7-Eleven store at 505 E. Main St. in Batavia, there was a one million dollar winner in the October 29, 2014 Powerball drawing. The winner is a regular player at the mini mart.

The NYS Lottery says the winner used "Quick Pick" and won the second-place prize of $1,000,000.00.

They had 5 of 5 numbers, but no Powerball number. There was no first-place winner that day. The Jackpot was for $142,000,000.00.

A store employee says the winner is still in shock and will be receiving the second-place prize soon.

The State of New York Office of General Services held a surplus vehicle auction at State Police Troop "A" headquarters this morning on West Saile Drive in Batavia.

The auction was open to the public and Scott Perry and Company Auctioneers from Niagara Falls ran the auction that started at 9:30 this morning. The company has been contracted out by NYS to run the vehicle surplus auction for the past six years.

According to a seasoned auction goer, the crowd was light this morning. Vehicles that normally go for $2,000-$3,000 were going for $200-$300.

The inventory list contained about 23 vehicles, mostly Ford Crown Victoria and Chevy Impala models.

The next scheduled State Vehicle Surplus Auction will take place later today at 1:30 at State Police Headquarters Troop "E"  on Rochester Road in Canandaigua.

Le Roy Fire Department's ability to upgrade its rescue vehicle has given City fire the opportunity upgrade its own capabilities.

The Batavia department purchased Le Roy's retired rescue truck for $55,000, which is $12,000 below what the city had budgeted for a new pickup truck and trailer to handle the same duties.

New, the truck goes for about $200,000.

Now dubbed Truck 14 and assigned to special operations, the new vehicle will be used for hazmat, rope rescue, water rescue, swift water rescue, cold water rescue and confined space rescue.

"They're all operations that we don't do very often, but there is always potential for a large need in the city," said Lt. Bob Fix.

Truck 14 will also respond to fire scenes with crew and equipment and serve as a rehab vehicle. It has an awning to provide shelter in heat and will carry water and fans to assist firefighters who need a break during a fight.

Up until now, the city had no vehicle to meet the needs of these operations. Equipment was stored in the fire hall and pulled out as necessary.

Now, everything is ready to roll with little time wasted.

Besides cost savings -- though some of that $12,000 was used to refit the truck to some of the city's needs -- the advantage over a storage trailer is that the trailer would need to be heated in the winter to help maintain the equipment. The new truck fits inside the fire station behind the current ladder truck.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Wednesday, Nov. 5, from approximately 9 a.m. to 3 p.m. in the general area south of East Main Street and east of Jackson Street. Homes and businesses nearby 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 your water appears discolored.

A pair of disturbances in the city early this afternoon has resulted in at least one person in custody with police still trying to sort out events.

There was an initial disturbance call, a possible assault involving multiple people in the area of Tracy and Washington, but when police arrive there were no victims nor assailants in the area, said Sgt. Dan Coffey.

An officer then responded to a call on Holland Avenue and shortly after arriving, radioed that he needed backup because two car loads of people just arrived. That brought at least a half-dozen officers and deputies as well as city detectives.

There was a lot of screaming and yelling and pushing and shoving on Holland.

The two incidents appear to be related, Coffey said.

One person was taken into custody and Coffey said the man impeded the investigation when officers arrived. He will likely be charged with obstructing governmental administration, disorderly conduct and resisting arrest, Coffey said.

His name has not yet been released.

Several people then went to police headquarters for interviews. Coffey said they were potential victims of the Tracy and Washington assault. Officers were still trying to put the pieces together.

The investigation is ongoing.

Jerry J. Jordan Jr., 19, of Batavia Stafford Townline Road, Batavia, is charged with obstruction of governmental administration, harassment, 2nd, and unlawful possession of alcohol under age 21. Patrols responded to 156 Jackson St., Batavia, at 1 a.m., Saturday, on a complaint of an underage drinking party in progress. When police arrived, occupants of the house locked the door. Officers determined that the occupants were gathering behind the front door with a plan to rush the officers. Jordan was allegedly the first person through the door when it opened. He was carrying a large speaker that he allegedly used to pushed into the first officer he encountered. Several other individuals were arrested. Deputies and troopers assisted at the scene. Supplemental Information Not in the Press Release: The property is owned by James Pontillo. The property has been condemned. Pontillo said as many as 80 people were gathered in the living room at one time, causing a floor joist to break.

Also arrested:

• Philbert Prince Williams, 20, of Jackson Street, Batavia, is charged with providing alcohol to a minor, endangering the welfare of a child and unlawful possession of marijuana.  
• Demetri C. Stewart, 21, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.
• Didier A. Antoine, 20, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.
• Terrence Brown, 20, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21, acting in a manner injurious to a child, and unlawful possession of alcohol under age 21.
• Jason A. Perry-Murray, 20, of Jackson Street, Batavia, is charged with providing alcohol to a minor and endangering the welfare of a child.
• Tavid C. McIntosh, 19, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21, acting in a manner injurious to a child, and unlawful possession of alcohol under age 21.
• Naquil T. Jones, 22, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.

Maleak H. Green, 21, of Bank Street, Batavia, is charged with rape, 3rd, and endangering the welfare of a child. Green was arrested following an investigation into an alleged incident at 2:15 p.m., Aug. 7. No further details released. Green is being held in the Genesee County Jail on an unrelated charge.

Kimberly M. Douglas, 32, of Hutchins Street, Batavia, is charged with criminal contempt, 2nd. Douglas is accused of violating an order of protection at 2:52 p.m., Friday, on Ross Street.

Jeffrey E. Williams, 30, of Westhigh Terrace, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Williams was jailed, no bail specified.

Marlon M. Chess Jr., 33, of Bergen Street, Rochester, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Chess was arrested following an investigation by Batavia PD at 1:08 p.m., Thursday, into a suspicious vehicle parked near the Verizon Store on Lewiston Road, Batavia.

Mark T. Zdrojewski, 61, of Meyer Road, Pendleton, is charged with three counts of issuing a bad check. Zdrojewski was arrested on a warrant for allegedly issuing bad checks in August in Batavia.

Terrance H. Riley, 26, of South Main Street, Batavia, is charged with harassment, 2nd, and resisting arrest. Riley was arrested after allegedly trying to fight another person while officers were present. He then allegedly resisted arrest. The incident was reported at 2:20 p.m., Wednesday, on South Main Street, Batavia.

Jeremy Allen Weatherbee, 45, of Roosevelt Avenue, Batavia, is charged with felony DWI (alcohol or drugs), aggravated unlicensed operation, 1st, leaving the scene of a property damage accident, driving on sidewalk, refusing to take breath test and failure to stop at stop sign. Weatherbee is accused of failing to stop for a stop sign at Pearl Street and Roosevelt Avenue at 1:14 a.m., Saturday. His car reportedly struck the south curb of Pearl Street, resulting in heavy damage to the front tires and rims of his vehicle. He then allegedly drove the vehicle with the damaged rims back to his residence on Roosevelt Avenue. Weatherbee was ordered held without bail.

Dustin J. Wilmet, 25, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .08 or higher, driving with an open container and aggravated unlicensed operation. Wilmet was arrested following an investigation at 2:12 a.m., Friday, by Sgt. Eric Bolles into a reported fight at a location on West Main Street, Batavia.

Nicholas Joseph Breau, 22, of Glenwood Drive, Clarence, is charged with aggravated unlicensed operation. Breau was stopped at 10:31 p.m., Friday, on Galloway Road, Batavia, by Deputy Joseph Corona for alleged traffic violations. Breau was also arrested on a warrant out of Amherst.

Chantalle Josephine Bessil, 19, of High Manor Drive, Henrietta, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Deputies responded to a report of a burglary in progress at a location on Main Road, Corfu, at 12:59 p.m., Thursday, and during the investigation found that Bessil, a passenger in a vehicle at the scene, was in possession of a small amount of marijuana in a grinder and a baggie. She also allegedly had a stun gun in her purse.

Thomas E. Hensel, 31, and Tonya D. Smith, 29, both of Overlook Drive, Batavia, are charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Officer Micheal Lute, Corfu PD, responded to a complaint of a disturbance at 2 p.m., Wednesday, and upon arrival found a vehicle with a suspended registration. Upon further investigation, he found Hensel and Smith allegedly in possession of heroin and a needle. Hensel also charged with criminal trespass, 3rd, for allegedly breaking into a building in Corfu at 11 a.m., Oct. 5.

Barbara E. Ferrando, 43, of West Main Road, Corfu, is charged with criminal possession of marijuana. Ferrando was stopped for driving with an alleged suspended license at 9 p.m., Oct. 23, by Officer Michael Lute, Corfu PD. During an inventory of the vehicle's contents, a large bag of marijuana was allegedly found in the trunk.

William Gordon Schultz Sr., 40, of Evans Street, was arrested on a warrant for alleged failure to pay a fine. Schultz was arrested at his place of employment and arraigned in front of Judge Eric Adams. Schultz was released on his promise to pay the majority of the fine today and the balance on Nov. 12.

Lauren K. Pellegrino, 32, of Batavia, is charged with grand larceny, 4th. Pellegrino was arrested by State Police for allegedly stealing a credit card. The blotter entry is labeled "purse snatching." She was jailed on a bail amount that is not listed. The alleged incident is reported at 1:36 a.m., Sunday, in Oakfield. No further details released.

An 11-year-old girl dropped some money on the floor at Dollar General and a deaf man tried to use sign language to tell her she dropped money.

The girl became alarmed and told a clerk at the store that a man tried to grab her to kidnap her, and this is how the call went out to the responding Batavia PD officer.

The officer investigated and found the claim of a kidnapping in progress completely unfounded.

The man didn't even try to leave the scene. He waited in his car.

"It was all a big misunderstanding," the officer said.