batavia

Batavia PD has completed its investigation into a Nov. 29 accident at Oak and Richmond that injured six people and have charged one of the drivers with felony driving while under the influence of drugs.

Michael I. Sanders, 46, of 22 Columbia Ave., Batavia, is charged with DWAI Drugs, with a prior conviction within 10 years, vehicle assault, 1st, and vehicle assault causing serious physical injury.

He was arraigned on the charges and jailed without bail.

Investigators filed the charges against Sanders after receiving the results of toxicology tests, which allegedly indicated Sanders was under the influence of drugs at the time of the collision.

Two vehicles and two pedestrians were involved in the accident, with six people being transported to area hospitals with non-life-threatening injuries.

It appears -- though not certain at this stage of the ongoing investigation -- that the fire that heavily damaged Bed, Bath & Beyond's store in Batavia in January was deliberately set, according to Investigator Kris Kautz, of the Sheriff's Office.

Kautz is requesting the public's help in identifying people who were in the store that day so they can be interviewed. He's looking to identify the four people in these photos because he would like to talk with them.

None of the four are considered suspects.

In fact, the Sheriff's Office has a person of interest in the case, but still needs to gather more evidence.

"We have no proof of his actions, if in fact he's involved at all," Kautz said, "but there is an individual in video footage who appears consistent with a known individual we are looking at."

Kautz acknowledges these four pictures are low quality, but it's all he has to work with. They are still photos shot of a video monitor screen.

Sometimes people can recall things that seem unimportant to them, but would be important to the case.

"Any of these people might remember this or that or they can say 'I saw a guy,' " Kautz said. "You never know. This is a fishing trip as we call it in the business. Sometimes people know stuff they don't know is important. Sometimes all they need is a little prodding to know what they know."

The retail store in Batavia Towne Center has been closed for months and officials say it will be a long time yet before it reopens.

Investigator Kautz can be reached by calling the Sheriff's Office at (585) 343-5000. He's hoping people who recognize themselves will call him, or perhaps a friend, neighbor or relative might recognize somebody and provide Kautz with the identity.

After a 30-year career representing people in Genesee County who don't have the ability to provide their own legal defense, Gary Horton is changing jobs.

He's leaving the Public Defender's Office and taking a position that will help public defenders provide better representation to veterans.

Though not a veteran himself, he's long been involved in the local veterans community, so it's no surprise Horton will work for the New York State Defenders Association, a private, nonprofit group. He will be developing and directing a program that will provide training and best practices for the defense of veterans who have been arrested.

Last night, friends and colleagues gathered at Center Street for a retirement party for Horton.

In 30 years with the office, he was the public defender for the past 20.

"I was very lucky that not only did I have a job I enjoyed and was challenging, I truly believe I had a career doing what I was meant to do," Horton said. "I was meant to be a public defender. I've always enjoyed it. I've always enjoyed working with clients. I've had terrific attorneys work with me. It was a pleasure."

The Batavia native will be able to stay in his hometown in his new job.

Asked why the public defender's job is an important one, Horton said, "often times our clients are poor. They don't have the resources or wherewithal to present themselves well. They come to us with other problems than their criminal case or family court case that they have to deal with. Often times they stand in the courtroom alone. There's no family there. There's nobody to support them. At the end of the day, win or lose, we're the only ones standing there with them."

Press release:

Since the initiation of the Boil Water Advisory (BWA) one week ago 31 private drinking water wells have been tested, with 15 confirmed to have bacteriological contamination of coliform bacteria and E. coli. Residents who have had their water tested and confirmed positive have been notified at this time.

These organisms can cause diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants and people with compromised immune systems. Residents in this area who are experiencing these symptoms should contact their medical provider.

The Genesee County Health Department continues to assist the Department of Environmental Conservation (DEC) with their investigation to determine the exact origin and extent of the contamination.

Residents near Batavia-Oakfield Townline Road east of Rt 63 and Lewiston Road south of Batavia-Oakfield Townline Road are urged to continue following the instructions below until their water can be confirmed safe to drink.

Instructions: Boil (rolling boil for one minute) tap water or use bottled water for drinking and cooking. If well water quality changes as noticed by color and/or smell, immediately stop using it for all household uses other than flushing toilets.

For additional information about a Boil Water Advisory (BWA) and how to stay safe during one, visit: http://www.readygenesee.com/BoilWaterAdvisory.pdf.

For additional information on coliform bacteria please visit:

http://www.health.ny.gov/environmental/water/drinking/docs/coliform_bacteria.pdf

A one-vehicle rollover accident is reported on Route 98 north of Federal Drive. Town of Batavia Fire Department and Mercy medics are responding and are advised that the roads are extremely icy. Law enforcement is on location. No word on injuries.

UPDATE 8 a.m.: Fire command is holding equipment in quarters. Medics are on scene along with state troopers.

UPDATE 8:18 a.m.: The Town of Batavia assignment is back in service.

The initial call came in as a chimney fire, but when East Pembroke Fire Chief Don Newton first got on scene he could see it was more than just the chimney on fire. Nearly the entire back wall of the barn at 2689 Brown Road, Corfu, was on fire.

He immediately called for a second alarm.

Firefighters were initially hampered by a lack of water, so Newton called on more tankers from neighboring departments.

But even facing these difficulties, the volunteer firefighters were able to save much of the structure and most of the contents, including a 40-foot yacht.

Besides East Pembroke, the departments responding were Corfu, Pembroke, Indian Falls, Town of Batavia, Alexander and Darien.

Mercy EMS also responded.

There were no injuries reported as a result of the fire.

(Initial Report)

A rollover accident is reported in the area of 7714 Lewiston Road, Town of Batavia, and dispatchers believe there is one injury.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 10:51 p.m.: A responding chief warns responding units to proceed with caution. The roads are very icy, he said.

UPDATE 10:54 p.m.: The assignment is being held to Engine 23 and Engine 24.

UPDATE 11:22 p.m.: Town of Batavia back in service.

A motor-vehicle accident is reported on Route 98, just south of West Saile Drive. The driver struck a pole but is alert. Town of Batavia fire and Mercy medics are responding.

A resident is reporting light smoke on the first floor of a residence at 172 1/2 S. Main St. City fire is responding. Another resident says it may be cooking related.

The quarter finals of the GLOW-region mock trials were held Wednesday night in the Genesee County Courthouse.

The winners were:

• Batavia, 2-0 with 121 points
• Byron-Bergen, 2-0 with 108 points
• Attica, 1-1 with 112 points
• Pembroke, 1-1 with 104 points

The semi-finals are Monday in the Wyoming County Courthouse. The cases start at 5 p.m.

The case this year involves a lawsuit filed by a farmer over nearby hydrofracking.

To purchase prints, click here.

Tyquawn D. Bethel, 23, of East Main Street, Batavia, is charged with obstructing governmental administration, 2nd, resisting arrest, endangering the welfare of a child, criminal trespass, 2nd, and petit larceny. Officers were dispatched to an address on Prune Street for a report of an argument at 10:06 p.m. Tuesday. Bethal allegedly entered the residence uninvited and refused to leave. Bethal allegedly argued with a person at the residence. He allegedly grabbed money from the purse of the resident and then attempted to leave with the money. When patrols arrived, Bethal was allegedly combative with officers and refused to comply with verbal commands. Bethal allegedly initiated a fight with the officers. Children were allegedly present during the scuffle. He was subdued and taken into custody. Bethal was jailed on $2,500 bail. The investigation was handled by Officer Kevin DeFelice and Sgt. Dan Coffey.

Robert L. Peachey Jr., 30, of Gibson Street, Oakfield, is charged with petit larceny. Peachey is accused of stealing a bottle of Jack Daniel's Honey from YNGodess on Feb. 28. (Previously)

Shaumyk Antonio Santiago, 21, of St. Paul Street, Rochester, is charged with burglary. Santiago is accused of forcing entry into a residence on Tinkham Drive, Darien, on or about Dec. 27, and stealing handguns, cash, jewelry and other property. Santiago was arraigned, released on his own recognizance and turned over to another police agency on unrelated criminal charges. A second arrest in the case is pending. The investigation was conducted by Investigator William Ferrando and Sgt. Ron Meides.

Christopher M. Colantonio, 34, of East Main Street, Batavia, is charged with failure to appear. Colantonio was arrested on a bench warrant. He was jailed on $1,000 bail.

Elizabeth A. Denise, 33, of Hutchins Street, Batavia, was arrested on a bench warrant. Denise turned herself in. She was released on $100 bail.

Kevin R. Baumgarte, 39, of Birchwood, Batavia, is charged with DWI, driving with a BAC of .08 or greater, passing a red light, leaving scene of a property damage accident and failure to keep right. Baumgarte was allegedly involved in a hit-and-run accident on South Main Street at 4:30 p.m. Sunday. Batavia patrols subsequently located Baumgarte. The accident was investigated by Officer Eric Foels.

Micahel Samuel Yamonaco, 41, of Trumbull Street, Mount Morris, Kathleen Melissa Pritchard, 35, of Spartan Drive, Farmington, Aaron Michael Higgins, 34, of Genesee Street, Piffard, and Miranda Ariene Ralston, 27, of Genesee Street, Piffard, are all charged with grand larceny, 4th. The four suspects are accused of stealing a TV from the Batavia Walmart. They were arrested by the Monroe County Sheriff's Office and found with the allegedly stolen TV. 

A vehicle, possibly a tractor-trailer, has reportedly rolled over on the Thruway near the Kelsey Road bridge. There are no injuries reported.

The mile marker is reported as 393.4.

East Pembroke fire was originally dispatched, but the accident has been determined to be in the Town of Batavia's district, so that department is being dispatched.

UPDATE 10:32 a.m.: Mercy medics confirm no injuries. State troopers on scene indicate a fire department response is not required. East Pembroke chief already well in route is continuing to confirm.

Press release:

Several of the initial water samples collected this week from private drinking water wells located near Batavia-Oakfield Townline Road -- east of Route 63, and Lewiston Road south of Batavia-Oakfield Townline Road -- have confirmed bacteriological contamination of coliform bacteria and E. coli. Residents who had their water tested and confirmed positive have been notified at this time. These organisms can cause diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants and people with compromised immune systems. Residents in this area who are experiencing these symptoms should contact their medical provider.

Although the contamination has been confirmed, the exact origin and extent cannot be determined without further analysis, the Genesee County Health Department will assist the Department of Environmental Conservation in this process in the near future.

Impacted residents are urged to continue to follow the instructions below until their water can be confirmed safe to drink. With the extent of the contamination unknown at this time, re-occurrence of contamination is possible.

If you are living in the identified area and would like your well water tested, please contact the Genesee County Health Department at (585) 344-2580, ext. 5525. There is no charge for this testing.

The ball is rolling on a new fire station in the Stringham Drive area for the Town of Batavia Fire Department.

The first steps were taken toward plan approval last night at the Town of Batavia Planning Board meeting when the board agreed to seek lead agency status for the environmental review process.

David Morrill, building committee chairman for the department, presented initial site plans to the board during the meeting.

The department has acquired 12 acres between Clinton Street Road and Stringham. The acreage runs west roughly to the area of North Street, but the back of the lot won't be used by the department. The seller didn't want to keep the potentially landlocked parcel. The department may someday sell that portion of the property.

The plan calls for a firehouse with drive-thru bays large enough to accommodate a new engine and a new ladder truck, as well as space for administrative offices, a kitchenette, a turn-out gear room, a washroom and storage.

The primary entrance and exit will be on Stringham with a secondary driveway on Clinton Street Road.

The new station will replace a small firehouse at the corner of Stringham and Clinton.

"We've long since outgrown that station as our trucks have gotten bigger and our equipment has gotten more specialized," Morrill said.

Besides conducting fire calls out of the station, the department will use the facility twice a month for Monday night training, which usually runs from 7 to 9:30 p.m.

"Other than that, you'll hardly know we're here," Morrill said.

There will be no big fundraisers held at the new station, no carnivals, and the annual Harley Raffle will continue to be held at Station 1 on Lewiston Road.

"There will be no Ferris wheels in your back yard," Morrill said.

With growth at the ag park, fire officials see the need for a ladder truck on the east side of the Town of Batavia. The location, however, needed to be on the college side of the train tracks running through the town to aid in responses to GCC and College Village.

The department plans on acquiring a 75-foot "straight stick" (no platform) ladder truck within 12 to 18 months. It will also purchase a new, larger rescue truck.

The department will retain the old fire station at Stringham and Clinton for the time being. It will be needed for storage once the department's current rec hall on Lewiston Road is torn down to make room for a new station there. Long-term, the department hasn't decided what to do with the property.

Watertown-based Johnson Newspapers has selected the former publisher of Portsmouth (Ohio) Daily Times to head its Batavia-based news operation, which includes the Batavia Daily News and the Livingston County News.

Michael D. Messerly led the 12,000 circulation paper for three years. His prior experience includes time in the digital divisions in two other newspaper companies, Morris Communications and Gannett.

Messerly claims to be a digital publishing expert who has grown revenue and audience in his previous jobs.

According to Quantcast, the Portsmouth paper, with a slightly larger print circulation than the Daily News, has 70,000 unique visitors monthly compared to 98,000 for the Daily News. Quantcast measures 129,000 monthly unique visitors for The Batavian.

It's hard to say when Bed, Bath & Beyond will reopen in Batavia, but it will be awhile, the town's building inspector told the Town of Batavia Planning Board on Tuesday night.

It's not as simple as it might seem after a fire in a commercial structure to get the store ready for customers again, said Dan Lang.

"It's a full revamp of the store," Lang said. "It's not a quick process. It will be roughly the same layout, but there's a lot of components that go into a structure to make it safe and sound again that they have to look at when there's been a fire."

All of the electrical has to be inspected and possibly replaced. The fire walls need to be replaced. The duct work must be examined and possibly replaced. The fire suppression system may need to be replaced. And, of course, all new fixtures and shelving must be installed.

The store was heavily damaged by smoke, fire and water in January. It's been closed since.

Lang said contractors are on the job trying to get the store ready to reopen, it's just a long process. He said Batavia Town Center's owners, COR Development, have been cooperative and easy to work with throughout the process.

It's also a learning experience, Lang said, because a commercial structure fire isn't something the town has had to deal with in more than 20 years.

"Things are moving, but they're going to move slow," Lang said.

Corey S. Snyder, of Route 33, Stafford, is charged with criminal possession of a forged instrument, 2nd, grand larceny, 4th, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, unlawful possession of marijuana and operating with no front bumper. Snyder's vehicle was stopped by Village of Attica PD on Route 99, Attica, at 10 p.m. Monday for an alleged traffic violation. He was allegedly found in possession of a controlled substance, hypodermic instruments and marijuana paraphernalia. He was also charged in connection to an allegation that he cashed a check that had been reported stolen. Snyder was arraigned and jailed in Wyoming County Jail on $10,000 bail or $20,000 bond.

Gregory Allan Merritt, 27, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident and unsafe starting. Merritt is accused of striking another vehicle in the T.F. Brown's parking lot at 1:49 a.m. Tuesday and leaving the scene of the accident. The incident was investigated by Deputy Joseph Corona.

It almost felt like a spring day today, with a high 40, but the cold and snow isn't necessarily over for March.

Still, the weather was good enough to entice Ray Williams and Joe Watts to Williams Park.

"We wanted to the first to hoop at Williams," Watts said. "We've been playing here since we were little."

It's NCAA Tournament time, March Madness, and neither Williams nor Watts are wedded to any teams as potential champions, but Williams went with Syracuse and Watts picked Louisville to take the national title.

The 2014 Men's League champions are the Blues. The Blues doused the Flames 2-1, the winning goal coming 38 seconds left in regulation on a goal by Brandon Pisano. The Blues championship last year put the tournament cup in the hands of Charlie O'Geen (center), one of the league founders, for the first time in 36 years.

Batavia celebrated St. Patrick's Day, of course. I made it by Center Street for the McMahon Irish Dancers and came back later for music by Steve Balesteri with Michael DiSanto on guitar. I also stopped by O'Lacy's, but got to City Slickers (where there was live Irish music) after the party had wrapped up for the evening.

More pictures after the jump (click on the headline):