batavia

Many carnival rides are in place and workers are busy making other preparations for the annual St. Joe's Lawn Fete this weekend in Batavia.

Two men from New Jersey stopped in Batavia today to gather signatures from people who agree with their "Impeach Obama" message. They were also gathering signatures on a petition to reinstate the Glass-Steagall Act.

Art Murphy and Chris Sare, from Bogota, N.J., said their goal is to visit every congressional district. They've been to Florida, Texas, California, among other places.

There were set up on West Main Street near the eastern entrance to the Tops parking lot.

The funding for their travels comes primarily from the LaRouche PAC.

Quite a few people stopped to sign the petitions.

They also got a visit from Batavia PD and the city's code enforcement officer.

City code prohibits any kind of sign in parkways. If it's planted in the ground, no matter what the message, it's illegal under city code.

Police responded to a citizen complaint about the signs.

When Code Enforcement Officer Ron Panek arrived, he showed them the section of code they were allegedly violating.

Murphy asked how to contact the city attorney. He said there are court cases that give them the right on public property to conduct political protests. He said they would follow up, but said they would obey the orders of the police.

Once the signs were down, the Sgt. Dan Coffey and Panek left, leaving Murphy and Sare to carry signs up and down the sidewalk if they wished. As they left, even more people were stopping to sign petitions.

Jordan Ray Smart, 22, of 6 Gibson St., Oakfield, is charged with driving while ability impaired by drugs. Smart was reportedly involved in a three-car accident on Main Street in Le Roy on Wednesday. Smart's car reportedly hit a parked car, which was pushed into another parked car. There were no injuries reported. Smart was arraigned and released under supervision of Genesee Justice.

Johnathon Bryce White, 21, of Reed Road, Churchville, is charged with criminal contempt. White allegedly violated an order of protection by riding in a vehicle with the protected party.

Kenneth Scott Lathrop, 27, of Tower Avenue, Syracuse, was arrested on a warrant for alleged failure to fine out of Town of Oakfield Court. The fine was related to a DWI charge. Lathrop was jailed on $500 bail.

Dwayne Andrew Pearsall, 23, of Washington Avenue, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Pearsall is accused of being in a domestic dispute that took place in front of his daughter. Pearsall was jailed on $2,000 bail.

Press release:

The Genesee County Economic Development Center (GCEDC) will jointly host a Batavia Developers Tour with NAIOP (the Commercial Real Estate Development Association) on Wednesday, June 11, from 9 a.m.to 1 p.m.

The event will provide interested business owners and investors the opportunity to tour renovated sites and commercial spaces in the City of Batavia, as well as learn about the various economic development incentives that are available through the GCEDC.

The event will highlight several of Batavia’s development sites and will include a tour of the Genesee Valley Agri-Business Park and other shovel-ready parks and Downtown sites. The tour also will include visits to Batavia’s opportunity area sites, including City Centre, Della Penna Site, Creek Park Site and the Harvester Center Complex.  

Speakers will include City of Batavia Manager Jason Molino, Batavia Improvement District Director Don Burkel, Batavia Development Corp. Director Julie Pacatte and GCEDC President and CEO Steve Hyde.

“This is a great way for us to showcase shovel ready sites and locations in the City of Batavia to the development community,” Hyde said. “Through this event, we also hope to educate developers about the business growth potential that exists here and how the various incentive programs through our agency can enhance economic development opportunities in Batavia.”

The tour will end with lunch at the Center Street Smoke House in Batavia. To register, please contact Karen McCready at NAIOP Upstate New York at 585-249-9232 or at naiopupstateny@gamial.com.

Ralph E. Stevenson, 60, of Clinton Street, Bergen, is charged with confinement of companion animal in vehicle. Stevenson allegedly confined three small dogs to the interior of his car in 81- degree weather at Walmart. The internal temperature of the vehicle at 11:34 a.m., Monday, was 122 degrees on the dashboard and 116 degrees on the seats, based on measurements by a laser thermometer.

Kenneth L. Powell, 58, of Telephone Road, Le Roy, is charged with menacing, 2nd, and harassment, 2nd. Powell allegedly threatened a person with a knife and hit that person in the face with his fist. The alleged incident was reported April 30 on Ellicott Street.

Crystal J. Hough, 31, of Ellicott Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Hough was arrested on a City Court bench warrant.

Shaqueita Lashaun Irvin, 22, of Hutchins Street, Batavia, was arrest on a bench warrant related to a petit larceny charge. The warrant was issued in Village of Corfu Court. Irvin was jailed on $5,000 bail. Irvin was also arrested on a warrant out of Town of Batavia Court for alleged trespass.

A 16-year-old resident of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. The youth allegedly possessed brass knuckles and marijuana.

Bryan David Dinelli, 41, of Churchill Street, Akron, is charged with aggravated harassment. Dinelli is accused of making unwanted phone calls for no legitimate purpose to another person.

A man called dispatch to complain that his neighbor on Pearl Street "has his dog and won't give it back." Police are responding.

Press release:

The Batavia Concert Band’s 90th season of music-making will run this year with free public concerts in Batavia’s Centennial Park on July 2, 9, 16, 23 and 30, as well as the ever-popular July 4th Picnic in the Park sponsored by GO-ART!

The Batavia Concert Band’s repertoire is wide-ranging in origin, period and style: marches, Big Band and swing numbers; popular songs from musicals and movies; rock favorites arranged for band; classical adaptations; fun songs for kids of all ages, and everything in between.

The Band consists of about 50 brass, woodwind and percussion players ranging from talented local high school students to 60-year veterans. Many have professional experience; the rest are advanced amateur musicians. All love to play.

This year’s conductor will be Mr. John Bailey, instrumental music director at Lyndonville Central School. The July 4th Picnic in the Park concert will be conducted by Mr. John Kresse.

Founded in the early 1920s, the Batavia Concert Band has brought musical pleasure to the region every year except during World War II. The Band currently enjoys financial support from the NY State Council on the Arts via GO-ART!, concert sponsors, program advertisers, and individual patrons. The City of Batavia supplies chairs for musicians. The Band also sponsors 50-50 raffles at every concert, bake sales and other low-key fundraisers. Individuals interesting in supporting the Band should contact a Board member at any concert.

Downbeat for regular season concerts is 7 p.m. Wednesday evenings in Centennial Park, Batavia. (* In the event of rain, concerts will move to Genesee Community College. Notices will be posted at the NW corner of Centennial Park and announced on WBTA radio AM1490, posted on  <http://www.thebatavian.com>, and the Batavia Daily News Web site, <http://www.thedailynewsonline.com>.

All concerts are free to the public of all ages. Light refreshments are available. Bring the family, some friends, lawn chairs or a blanket -- and enjoy!

Be sure to also take advantage of our chicken barbeque in Centennial Park, at the July 30 concert.

For more information on the Band, how to sponsor, etc. see http://bataviaconcertband.net. We’re also on Facebook!

Info contact: Bob Knipe, bobknipe@hotmail.com, 585 343 5991

A two-car accident is reported at Route 33 and Wortendyke Road. A caller at the scene reports no injuries. It is blocking traffic. Town of Batavia Fire Department is responding along with Mercy medics for evaluation.

UPDATE 4:55 p.m.: Now one person is said to have a minor injury.

UPDATE 5:25 p.m.: A patient is being transported to UMMC.

Press release from Batavia City Schools:

On behalf of the Board, I am pleased to report that a settlement has been agreed to in resolution of the lawsuit filed against the District by two families with respect to the District’s softball fields. While the District is glad that this situation is behind us and we can now fully focus on the completion of these projects, we are a bit dismayed by the characterization of this situation portrayed in the Empire Justice Center’s press release. The Batavia City School District is proud of its student athletic program and continuously works toward achieving equality across all sports.

The District has always been committed to its girls’ athletic program. As a District we cannot proceed with capital projects of this nature without voter approval. We sought voter approval in 2011 to make improvements to our playing fields but the voters did not approve the plan at that time. Despite this outcome in 2011, the District invested as much funding as possible for material and labor to resurface the girls’ softball infields and to make arrangements for games to be played on other appropriate local fields.  

The facts of this situation speak for themselves:

·      The District had committed to the upgrades prior to the commencement of the lawsuit. There are no substantial differences between this settlement and the capital improvement plans that the Board of Education proposed and approved in February 2013 for presentation to the voters in May 2013.

·      The scope of the Board and voter approved capital improvement project was incorporated into preliminary plans by the Young & Wright architectural firm in the Spring of 2013. The plans were finalized this year with the intention of completing the project by September 2015.

·      It is unfortunate that, despite the District’s stated intentions and voter approval, the plaintiffs felt compelled to proceed with this lawsuit. The pending litigation resulted in an unnecessary expenditure of District resources during these difficult economic times.

·      There is only one change to the project requested in the settlement that was not initially taken into account, but the District believes is reasonable, and that is the addition of a safety cap to the track and field fence at VanDetta Stadium that is adjacent to the JV softball field.    

·      Not directly related to the specific project plans under way, as part of the settlement the District was asked to confirm its obligations to equal opportunity in athletic programs pursuant to Title IX, which we have always followed and are happy to continue to do.

·      The District has always been, and will continue to be, committed to its girls’ athletic program.

Under the direction of Ric Jones, the Genesee Chorale will perform Antonin Dvorak’s "Requiem Mass" on Sunday at St. James Episcopal Church, Batavia.

Featured vocal soloists are Maureen DeGolyer, soprano, Pat Fussell, alto, Mark Ross, tenor, and Jim Ellison, bass.

Tickets for the 4 p.m. performance will be available at the door and are $10 for adults and $8 for students and seniors.

On Friday, the chorale will perform at 7 p.m. in Albion's Pillars Estate in the Grand Ballroom. There will be complimentary wine and hors d’oeuvres at 6:30 p.m. Tickets are $20 and available online at geneseechorale.com or at the door. The Pillars is located at 13800 W. Country House Road, Albion.

Press release from GCEDC:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its June 5, 2014 board meeting.

U.S. Gypsum Company is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY.  The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility. The projected capital investment is approximately $23 million and will ensure employment retention of 98 existing manufacturing jobs and the addition of 12 new production jobs.

9 Apollo Drive is planning to purchase the former Daily News building at 2 Apollo Drive in Batavia. With the purchase, the company anticipates further growth and plans to expand its business and manufacture more doors and windows. The projected capital investment for the project is $750,000.

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College. 

UPDATE: John Johnson, CEO of Johnson Newspapers, says that the Daily News hasn't sold its building and has no plans to move.

Batavia resident Dashawn Butler, suspected of discharging a firearm on State Street in September, was jailed Monday in lieu of $25,000 cash bail after being arraigned on a three-count Grand Jury indictment.

Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

District Attorney Lawrence Friedman declined to discuss much about the case after Butler's appearance in County Court, citing concerns that pre-trial publicity could make it more difficult to select a jury, but he acknowledged that a rap video featuring Butler could possibly be used in future court proceedings.

The video is attributed to Mobb Bugatti and was produced by Rochester-based Triple R Muzik Group. The video, along with another one Butler is featured in called "Rollin'," and widespread Web marketing and publicity on social network and music sites indicate the aspiring rapper and TRMG are pursuing a music career for Butler.

The video could be taken in that context, or be seen as something more sinister.

During "Red Flags" Butler is seen waving a red bandana and rapping about "murder death kill kill" and disrespecting (using a different word) the law.

The professionally produced video appears to have been shot on State Street, Hutchins Place and Lewis Place. One scene shows a Batavia police car cruising down a street.

If Butler and his defense attorney Thomas Burns decide to make the people prove Butler's guilt beyond a reasonable doubt, the video could become relevant if Friedman decides to portray Butler as gang affiliated and that the shots-fired incident Sept. 27 on State Street was tied to possible gang activity.

Friedman declined to answer a question along those lines.

Asked if the video might tell us something about Butler that might be relevant to the case, Friedman said, "some people might feel that way."

There was some wrangling in court Monday over Butler's bail status.

Butler has been out of jail since a couple of days after his arrest in December because Friedman wasn't ready at the time to conduct a felony hearing in City Court.

Friedman argued Monday that Butler is facing three C violent felonies, has a prior felony conviction that could make him a second felony offender for sentencing purposes, and has a prior instance of failure to appear.

Burns countered that Butler has made his court appearances on time in this case, the prior failure to appear was many years ago in New York City and Burns doesn't believe Butler will qualify as a second felony offender.

There's also a speedy trial issue to look at in the case, Burns said. An arrest warrant was issued for Butler in October, but he wasn't arrested until December and only just now indicted.

Friedman said it took two months for Batavia PD to locate Butler. When he was arrested it was in the house of a person parole officers were looking for and Butler was hiding in a bathroom. Those circumstances negate the speedy trial issue, Friedman indicated.

Burns said Butler has lived in Batavia since 2001, moving here from NYC. He currently has a part-time job with a local food service business. He asked that if Noonan were going to set bail that it be something reasonable like $4,500.

Noonan set bail at $25,000 cash or $50,000 bond, which was the bail amount set in City Court when Butler was arrested in December.

The attorneys will spend the next 45 days preparing motions in the case and Butler is due in court again at 9:30 a.m., Aug. 4.

Warning: The video below contains profanity. This clip is edited to show just a representative portion of the video.

Jim Kelly wasn't at Terry Hills today for the 28th annual charity tournament that carries his name because he's weakened by chemotherapy and radiation treatment for cancer.

At the start of the tournament his brother Dan had his head shaved both to honor his brother and to raise money for the Kelly for Kids Foundation. He challenged all of the golfers -- donors, athletes and celebrities to follow his example and over the course of the day, many of them did. (Cutting his hair, above, Michelle Napierala).

The Hall of Fame quarterback may not have been at his event this year, but he was there in spirit. Blue "Kelly Tough" T-shirts were everywhere and friends, such as ESPN broadcaster Chris Berman, spoke of Kelly's toughness and said that toughness is why he'll beat cancer and be back at Terry Hills next year to host his tournament. 

Former Bill and CBS Sports broadcaster Steve Tasker said much the same thing.

“We miss Jim being here,” he said, “but at the same token, it’s because of Jim’s presence and the quality of this event and what this event means – this is more than just a bunch of guys getting together for another event; this is like a reunion, not just a team reunion, but a family reunion for a lot of guys who’ve known each other for a couple of decades. The tournament’s been going on for 28 years and these guys are lifelong friends. The fact that Jim can’t be here today won’t change that.”

A fan gets her picture taken with the Bills 2014 #1 draft pick Sammy Watkins.

Former NBA star Gus Williams stops for a free brownie on the ninth hole, where a group of Batavia residents hang out every year to hand out treats to the stars and maybe get an autograph or picture.

Tasker talking with the media.

Bills Head Coach Doug Marrone with a group of Bills fans.

Berman talks with the media.

Actor Dan Baldwin, center, with his group on the first tee.

Tasker teeing off to start the tournament.

Mike Ziegler, a professional golfer and long-drive champion, would, for a donation, hit the drive for golfers on one of the back holes.

Press release from the Empire Justice Center:

The Empire Justice Center is pleased to announce that a settlement has been reached in the class-action suit Myers v. Batavia City School District. Three female softball players and their families filed the case in April 2013 seeking equal treatment to their male classmates in the provision of practice and competitive facilities and equipment. Among other things, the players alleged that the District’s policy of renting a professional minor league stadium for all boys’ varsity baseball home games, while providing the girls with substandard playing fields at the school, violated Title IX of the Educational Amendments of 1972.

“More than anything, I am so proud of these young women for having the courage to stand up for themselves,” said Kristin Small, attorney for Empire Justice Center. “They saw that the way they were being treated was unfair and decided to do something about it, knowing full well they might face backlash from their community and that they themselves might never see the benefit of their efforts.”

As part of the agreement, the District has agreed to build a brand new varsity softball facility with permanent dugouts, good drainage, outfield fencing, a permanent electronic scoreboard and other amenities. The improvements are projected to be completed in time for the 2015 softball season. The District has also committed to making significant improvements to the junior varsity and modified softball fields, and affirmed its commitment to ensuring that boys’ and girls’ sports receive equal benefits, even when that requires the District to compensate for donations made by third parties, such as booster clubs.

After hearing that the District had agreed to the settlement, plaintiffs Elizabeth and Rebecca Myers said, “We are proud and thankful that the Batavia City School District has recognized the importance of female athletics and the need for equal treatment. We look forward to a bright future for Batavia girls’ softball, as players will now be able to enjoy and be proud of the fields that they will be playing on. We would like to thank Empire Justice Center for helping us resolve these disparities.”

“We hope that other school districts will take note of this settlement and be reminded that the movement to achieve equality in athletics between boys and girls is far from over,” noted Jonathan Feldman, a senior attorney at Empire Justice Center. “Many districts face similar challenges leftover from an earlier time when equality in sports was not seen as important. We congratulate the Batavia City School District for stepping up to the plate and working with us to find a solution that will ensure fair and equal treatment of all student athletes, regardless of gender.”

Joshua Scott Bettilyon, 26, of Gorton Road, Alabama, was charged with two felonies and several violations stemming from an incident on May 30. He allegedly operated a motor vehicle with a BAC of .08 or more, which is a felony, and was also charged with DWI with a previous conviction of same within the last 10 years, another felony. In addition, he was cited for alleged ATV violations -- reckless driving, failure to yield to an emergency vehicle, unregistered vehicle, unlawful operation on highway, inadequate brake lights, unsafe tires, no / improper lights, and uninsured vehicle. Bettilyon was arrested by Sheriff's deputies after a short vehicular pursuit. NYS Police assisted in this incident, which was investigated by deputy Joseph Corona, assisted by troopers Hanssel and Kosowski.

Donald E. Ford, 40, of Oak Street, Batavia, was arrested by Batavia PD on charges of endangering the welfare of a child and harassment, 2nd, in an incident on May 30 on Oak Street. He allegedly threatened to harm an individual while that individual was in the presence of three children. He was jailed and bail set at $2,500. The incident was investigated by Batavia PD officer Eric Hill, assisted by officer Frank Klimjack.

Edwin Leroy Stancliff Jr., 35, of Alleghany Road, Corfu, was arrested by Sheriff's deputies on May 30 and charged with two counts of menacing, 2nd, and criminal possession of a weapon, 4th. Stancliff allegedly displayed a 6-inch kitchen knife during a domestic dispute, threatening his girlfirend and an acquaintance. After his arraignment in Pembroke Town Court, he was jailed. The incident was investigated by Sheriff's deputy Lonnie Nati, assisted by deputy Christopher Parker.

Christopher Lynn Bayliss, 35, of Tower Road, Wyoming, was arrested June 1 following the investigation of a motor-vehicle accident on Attica Road in Alexander. He is charged with felony DWI, leaving the scene of a property damage accident, refusal to take breath test, unsafe backing of a vehicle and driving without a seat belt. He was jailed on $5,000 cash bail and is to return to Alexander Town Court on June 10.

Bryan H. Fetterly, 28, of Barrville Road, Elba, is charged with harassment in the second degree -- physical contact, and criminal mischief in the third degree -- damaging property of another person in excess of $250. It is alleged that on West Main Street in the City of Batavia on May 30 Fetterly and two other subjects were in a vehicle when an argument took place. Fetterly allegedly kicked one of the subjects several times before exiting the vehicle and then struck the vehicle, causing damage to that vehicle. He was arrested and released on an appearance ticket and is to be in Batavia City Court on June 3. The incident was investigated by Batavia PD officer Chad Richards.

Allen W. Gray, 34, of Oak Street, Batavia, was arrested and charged with harassment, 2nd, following an incident on South Main Street, Batavia, on May 29. Batavia PD officers went to investigate a disturbance complaint and it's alleged that Gray shoved two people following a verbal altercation. He was issued an electronically generated appearance ticket and released. He is scheduled to appear in Batavia City Court on June 3. The incident was investigated by Batavia PD officer Stephen Cronmiller, assisted by officer Christopher Camp.

Mamie M. Baugh, 36, of Dewey Avenue, Rochester, is charged with third-degree assault following an incident on May 25 on Bank Street in the City of Batavia. She was arrested after Batavia PD responded to a disturbance at that location. She was issued an appearance ticket for city court. The incident was investigated by Batavia PD officer Keven DeFelice, assisted by officer Nedim Catovic.

Joseph Bennett, 26, of West State Street, Albion, is charged with criminal possession of stolen property and petit larceny. He was transferred to Batavia Police by Albion Police on May 29 after being arrested on a warrant for violation of Genesee County probation. He was jailed in lieu of $5,000 cash or $10,000 bail bond and is due in Batavia City Court on June 6. The incident was investigated by Batavia PD officer Nedim Catovic.

Darrin Mitchell Brown, 24, of South Pearl Street, Oakfield, is charged with criminal contempt, 2nd. On June 1, he was arrested by a Sheriff's deputy for allegedly violating a court order of protection by threatening the protected person. Brown was issued at appearance ticket and is scheduled to be in Town of Oakfield Court on June 16 to answer to the charge. The incident was investigated by deputy Joseph Loftus.

Joey Aaron Evans, 23, of State Street, Batavia, was arrested by Batavia PD on May 29 on a bench warrant issued by Batavia City Court for allegedly failing to comply with drug court and petit larceny. He was jailed on $2,500 cash bail or $5,000 bond. He is to appear in city court again on June 26.

Michael D. Snyder, 42, of Pringle Avenue, Batavia, is charged with petit larceny. He was arrested following an incident on May 30 wherein he allegedly took a 30-pack of Budweiser beer from Top's Market without paying for it. Snyder fled eastbound on Route 5 and was apprehended near the Batavia Fire Department. He was released on an appearance ticket and is to appear in city court on June 3. The incident was investigated by Batavia PD officer Chad Richards, assisted by officer Richard Schauf.

John A. Snook, 26, of Gillette Road, Albion, is charged with petit larceny for allegedly stealing $51.95 in merchandise from Walmart on May 14. He was arrested by Genesee County Sheriff's deputies and is currently in Orleans County Jail and is scheduled to appear in Town of Batavia Court on June 16. The incident was investigated by deputy Joseph Loftis.

A 16-year-old student at Pavilion High School was arrested on May 30 and charged with criminal possession of a controlled substance, 7th. The student was allegedly found in possession of a controlled substance while at the high school. The student was issued an appearance ticket for Pavilion Town Court at a later date. The incident was investigated by Sheriff's deputy Chad Minuto.

Schmigel was found unresponsive during a jump at Fort Bragg in North Carolina.

She enlisted in the Army four years ago after graduating from Medina High School in 2010. She was promoted to sergeant in January and recently committed to four more years with the Army, Krissi Gress, a friend of the family, told OrleansHub.

In a statement, Army officials said, “All of the Paratroopers in the brigade are deeply saddened by the loss of an extraordinary and much-respected member of our team,” said Lt. Col. Albert Paquin, commander of the 2nd BCT. “Our thoughts and prayers are with her family and friends during this time of great loss. Our chaplains and our health care professionals are available to help comfort and support all of her fellow Paratroopers affected by this tragedy.”

As a paratrooper in the Army, she deployed to Iraq in support of Operation New Dawn from July to November 2011.

Her awards and decorations include the Army Achievement Medal with one oak leaf cluster, the Army Good Conduct Medal, the National Defense Service Medal, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, and the Parachutist Badge.

The Michael S. Tomaszewski Funeral & Cremation Chapel in Batavia will be handling funeral arrangements.

Thank you to Tom Rivers of OrleansHub with coverage of this story.

The clerk at the Kwik Fill at the corner of Ellicott and Jackson streets reports that an elderly white male allegedly stole his prescription glasses. The suspect was last seen walking toward Save-A-Lot and law enforcement is responding. He is described as being 5'10'' with a skinny build, wearing a flannel shirt, suspenders, a cowboy hat and he has one eye.

UPDATE 7:29 p.m.: The glasses are aviator style and the theft is allegedly on the store's film, which an officer is reviewing.

UPDATE 7:33 p.m.: The suspect has been located and police are taking him to the Kwik Fill.

A small mulch fire is reported outside Tops Market in Batavia near Lewiston Road. City firefighters are responding.

A possible fire is reported at 6946 Ellicott Street Road in an apartment above the Heavenly Sweets Bakery & Deli. Pavilion Fire Department is responding along with mutual aid from Le Roy. The caller is a resident who came home and found the smell of something burning inside the building and a light haze.

UPDATE 2:28 p.m.: The first responder on scene reports nothing showing.

UPDATE 3 p.m.: This is now a working structure fire. Bethany and Stafford fire departments are called to the scene and Stafford is also requested to provide a fill-in engine and crew for the Pavilion Fire Hall.

UPDATE 3:06 p.m.: A Mercy medic unit is requested to come in non-emergency in case needed.

UPDATE 3:09 p.m.: The city's Fast Team is requested to respond.

UPDATE 3:14 p.m.: The city's first platoon is called to stand by in its headquarters.

UPDATE 3:30 p.m.: Heavy smoke is reported in the attic.

UPDATE 3:33 p.m.: Firefighters are informed that the attic runs the length of the entire building, which is quite large.

UPDATE 3:34 p.m.: The roof has been opened up but only light haze is coming out. Bergen is asked to fill in at Le Roy Fire Station.

UPDATE 3:41 p.m.: Confirmed that all occupants are out of the building.

UPDATE 3:45 p.m.: Calendonia fire is on scene to provide mutual aid.

UPDATE 3:58 p.m.: More smoke is filling the second floor. They are going to draw water from Hanson's crick.

UPDATE 4:01 p.m.: Although there are no flames visible, command is still concerned about the potential for combustion. The building's sprayed insulation is smoldering and causing much of the smoke, which makes it difficult for firefighters to see inside.

UPDATE 4:08 p.m.: York firefighters are on scene and establishing a draft site.

UPDATE 4:10 p.m.: A Sheriff's deputy is called to the scene to secure firearms.

UPDATE 4:44 p.m.: Town of Batavia's fill-in crew is requested to the scene. Heavy black smoke is pouring from the roof where they opened it up.

UPDATE 4:47 p.m.: All interior firefighters are told to get out. Now they're going to open up the side of the building.

UPDATE 4:52 p.m.: The color of the smoke spewing out the windows is changing color, reports a firefighter. South Byron fire is asked to stage in their quarters.

UPDATE 4:52 p.m.: Darien, East Pembroke and Elba firefighters are asked to man their ladder tanker trucks and stand by in their own quarters in case needed at the scene or anywhere in Genesee County.

UPDATE 5 p.m.: Firefighters are ordered off the roof. Another Bethany crew is asked to stand by in their hall.

UPDATE 5:06 p.m.: Interior firefighters from Alexander are asked to stage in their quarters. Flames are said to be visible.

UPDATE 5:09 p.m.: National Grid has shut off power to the burning building and the one next to it.

UPDATE 5:14 p.m.: National Fuel reps are on scene and are asked to shut off the gas lines(s) to the buildings at the street.

UPDATE 5:17 p.m.: A second Mercy rig is asked to stand by at the fire scene.

UPDATE 5:33 p.m.: Some standby tankers are called in, plus another South Byron crew is told to report to their hall. All staging for fire crews is being moved to the front of the bank. Barre fire is asked to stand by in Barre's hall.

UPDATE 5:37: Town of Batavia's Rescue 20 and all available interior manpower called in.

UPDATE 7:23 p.m.: The second story is completely gutted and the building is a total loss. Heavy equipment is en route to raze the structure. A crew from Wyoming Correctional Facility is on scene to help with clean-up. A pet cat was rescued.