batavia

Local law enforcement is asking for the public's assistance in identifying the person or persons responsible for a string of armed robberies over the past five days.

The description of the suspect in all three robberies varies only slightly in each case. He is a white male, either 5'2" to 5'6" or 5'7" and is either of slight build or weighs 200 pounds. The robber has worn a bandana in all three robberies.

In two robberies, the suspect displayed a handgun. In the third, a shotgun. In all three, the employees behind the counter were threatened.

The first was Thursday morning at the Best Western, the second Friday morning at the 7-Eleven in Oakfield, and the third, Sunday morning at the Days Inn in Batavia.

Batavia PD and the Genesee County Sheriff's Office are cooperating in the investigation.

Chief Shawn Heubusch stressed that members of the public should not try to take matters into their own hands, but either call 9-1-1 or (585) 343-5000.

For the second time in five years, a homeless man who travels between Syracuse and Ohio has been arrested in Genesee County and accused of stealing money from local churches.

Stephen W. Quigley, 59, is charged with petit larceny.

Det. Pat Corona said Quigley admitted to the thefts.

Batavia PD opened an investigation into money missing from local church collection receptacles in January 2012. 

Investigators had a description of a person using a device to remove cash from the receptacles, with the department receiving multiple reports of similar circumstances during the intervening months.

This morning, a witness to a prior alleged left spotted Quigley in Batavia.

Police located Quigley and questioned him. He allegedly admitted to larcenies from local churches on multiple occasions.

Le Roy PD arrested Quigley in June 2009 and accused him of stealing money from the candle prayer offerings of a church in Le Roy.

Quigley was jailed on $1,000 bail.

Patrick Raymond Krieger, 23, of Exchange Street, Akron, is charged with burglary 2nd, criminal contempt, 1st, menacing, 2nd. Krieger was arrested in the Town of Amherst after a brief foot pursuit by State Police, the Cheektowaga PD, Amherst PD and the Erie County Sheriff's Office. Krieger was turned over to the Genesee County Sheriff's Offices on charges stemming from an alleged incident reported in the Village of Corfu at 7:10 a.m., Friday. He was jailed on $30,000 cash bail or $50,000 bond.

Shannon L. Smith, 37, of 2 Goad Park, upper, Batavia, is charged with harassment, 2nd. Smith was arrested following an investigation into a disturbance at 96 River St., Batavia.

Philip E. Wolfe, 58, of Alabama, is charged with petit larceny. Wolfe was arrested by State Police. No further details released.

Daniel T. Henning, 33, of Batavia, is charged with petit larceny. Henning was arrested by State Police. No further details released.

A two-car accident with minor injuries is reported at 2950 Galloway Road, Batavia.

Town of Batavia fire and Mercy EMS responding.

UPDATE 10:29 a.m.: The assignment can be held to Engine 24, non-emergency. The patient is complaining of arm and back pain.

UPDATE 10:53 a.m.: The patient is a 35-year-old male who is being taken to UMMC with complaints of lower back and right hand pain.

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Law local enforcement is currently searching the city for a person who robbed the Days Inn this morning.

No further details available at this time.

UPDATE 4:30 a.m.: A white male entered the Days Inn on Noonan Drive at 2:40 a.m. and pointed a shotgun at the clerk.

He got away with an undisclosed amount of cash, including a coin tray filled with coins.

The suspect left in a small sedan and headed east on Noonan into the residential neighborhood adjacent Noonan Drive.

Batavia PD and Sheriff's patrols began a search of the area as soon as the robbery was reported but have so far been unable to locate the vehicle.

The suspect is described as 5'7" and about 200 pounds, wearing a dark blue hoodie and wearing a bandana over his face.

The similarities between this robbery and two others in recent days at the Best Western in Batavia and the 7-Eleven in Oakfield are enough to suspect there is a single suspect in all three cases, said Sgt. Todd Crossett, Batavia PD.

The suspect in the previous two robberies was described as 5'2" to 5'7" and "small in stature," however given the times, the bandana and the fact guns were used in all three robberies (a handgun in the first two) suggest a possible link.

"He fits a simliar description, so the five-sevenish, I guess it really depends on the person looking at him and when you have a shotgun in your face things aren't as clear, but he is described as similar as the other ones," Crossett said.

Crossett said it's hard to say whether the suspect is a local person, but it's likely.

"It's been all in the last week, so if it wasn't somebody from the area, I don't think they would keep coming back," Crossett said. "That would probably be a good assumption."

Nobody was hurt in this morning's robbery.

People with information that could assist in the investigation can call Batavia PD at (585) 345-6035.

"If anyone has information, any friends, relatives acting suspiciously, or if you know of anything, please contact the Batavia Police Department or the Genesee County Sheriff's," Crossett said.

It's starting to look a bit like Christmas downtown as businesses begin installing their holiday window displays. The Business Improvement District sponsors an annual window display contest.

Yesterday and today, Brandi Bruggman has been painting a "White Christmas" mural at Steve Hawley's insurance office.

City police are responding to a residence on Hutchins Place after a caller reported to dispatch that a female allegedly picked a dog up by its collar and that prior to that a male allegedly "punched the dog."

Don Burkel and David Gann were among the revelers having a jolly time at the Holland Land Office Museum tonight for the annual Wonderland of Trees gala.

The fundraiser is an early chance for people in the community to see all of the trees decorated by local businesses and community groups.

Four-year-old Robert Worthington of Batavia was fascinated by the toy trains running around a stand of trees.

Elizabeth Carlson, 8.

Burkel purchasing 50-50 tickets from Amy Swanson.

Don Read

Sam and Anne Barone

Muller Quaker Dairy and the local Edward Jones office came together Thursday to drop off seven baskets of canned and boxed food donated to the Salvation Army's annual holiday food drive. Pictured are Michael Marsh, with Edward Jones, and Julie Flynn, from Muller Quaker.

Information and photo submitted by Robin Ettinger.

A car accident with minor injuries is reported at Liberty Street just north of Ellicott Street. City police and fire are responding, along with Mercy medics.

UPDATE 5:31 p.m.: There were four vehicles involved, but a truck with dents on the right side and possibly the rear, left the scene and police are trying to locate it. The truck is described as a black Chevy, with an extended cab, possibly a 1500 made in 1995.

Ray Ciancaglini had the heart of a champion.

At age 16 in 1969, he thought nobody could beat him. He would eventually become, he was sure, the middleweight champion of the world.

He was an honor student. A supurb athlete. A good, kind friend. He was ready to take on the world.

Boxers are supposed to be tough. The old men in the sport told him getting hit in the head was just part of the game. Ignore the headaches, they told him.

"Son, you have to deal with these headaches," one trainer told him. "You have everything it takes to get to the next level of the game. You have to be able to dish it out and take it. If not, then this game isn't for you."

Back in the day, trainers, athletes and even some medical professionals had a poor understanding of concussions. The wisdom of the day was that you weren't really injured, you really didn't suffer a concussion, unless you were knocked out.

Today, we know better.

Concussions have become a hot topic in the sports world at all levels. Earlier in the Fall, PBS's "League of Denial" shined a light on the NFL's apparent disregard for decades of mounting evidence that concussions needed to be taken more seriously.

New research shows high school athletes in all sports -- even cheerleading -- are at some risk of suffering a concussion during competition (fewer concussions are reported in practices). The high risk sports are football, lacrosse and girls soccer.

As Ciancaglini, a member of the Rochester Boxing Hall of Fame, spoke to an auditorium of student athletes and parents at Batavia High School on Thursday night, he said he didn't want to scare anybody, nor did he want to discourage any teen from playing any sport, but he does want to drive home the message: take concussions seriously.

He didn't, he said, and he paid the price.

"Never take for granted the privilege of playing a sport you love," Ciancaglini said. "Make wise decisions. This will be necessary for you to realize your full potential.

"If I had it all to do over again, would still pursue a boxing career?" Ciancaglini added. "Absolutely. I would still compete with the same tenacity and dedication it takes to be a champion. The only thing I would do differently is get immediate medical attention for the injuries my body was telling me I suffered."

Ciancaglini called concussions the invisible injury. There's no cut, no bump, no swelling that shows a trainer, a coach, a fellow player that you've been injured.

But any concussion can have far more devastating consequences. Concussions can lead to permanent brain injury, lifelong physical ailments and even death.

For Ciancaglini, the life-changing event was a bout in Buffalo in 1969. He took a right hook to the back of his head that wrung his bell.

"I didn't go down, but I was dazed," Ciancaglini said. "My vision was blurred. My hearing was impaired. The crowd noise alternated from muffled to loud. I had never experienced this feeling before. I fought through it and won a unanimous decision."

The next day, Ciancaglini had a headache and felt fatigued. He chalked it up to a tough bout.

"I passed it off as being physically run down," Ciancaglini said.

He had a big bout scheduled for the next week in Syracuse. There was no way he was going to miss it. He went right back to training.

The headaches and fatigue persisted, but he ignored the symptoms.

"I should have gotten medical attention, but I just didn't think it was that serious," Ciancaglini said. "Little did I know this was the beginning of my troubles."

Ciancaglini tried to continue his boxing career, even though he didn't feel as sharp as he once did. To compensate for his sense of sluggishness, he boxed less and brawled more. And he kept winning.

As he spoke to coaches and trainers about his falling grades, missed classes, his increased irritability, his peristent headaches, they told him to tough it out.

He was even honored for toughing it out, receiving the Golden Gloves Heart Award.

"My life was falling apart and I thought the symptoms were temporary and would go away," Ciancaglini said. "I thought I could work through it and didn't want to miss my next opportunity. I didn't want to lose my ranking. I thought boxing was my whole life. This is how I was lulled into making some bad decisions."

Finally, he decided to take a break from boxing, but after months away from the sport, he still felt in a constant fog. The headaches wouldn't go away. 

He got a job at Kodak and when his hands started to tremble or he became forgetful, his workers tried to cover for him, even as he spilled chemicals.

Finally, his deteriorating condition was too much of a safety hazard so Kodak sent him to Strong Memorial Hospital for an evaluational.

The diagnosis: permanent brain damage caused by untreated concussions.

Today, Ciancaglini is 62 years old. There hasn't been a day in his life since he was 16 that he hasn't suffered from headaches.

The headaches started with that first concussion in Buffalo, and because he didn't realize he had suffered a concussion, he ignored the symptoms.

His hands shake constantly and he suffers from mild dementia.

All a result of those untreated and ignored concussions.

"I threw away a whole career for the sake of not missing one fight," Ciancaglini said. "What a foolish mistake. I challenged a concussion and I got beat."

The message Ciancaglini wants to sink in with young athletes: If you have the slightest doubt something is wrong, check it out. The game you sit out today could be the career you save tomorrow.

That's why Ciancaglini will show up at just about any high school in the Northeast and speak to students about his experience with concussions, and he does it for free.

For more about Ciancaglini, visit his Web site, "The Second Impact."

The most dangerous concussion, Ciancaglini said, is the mild one. It's the easist to ignore. It's the one peers will tell you to ignore, but if not treated it makes the second concussion much more serious. Any athlete who suffers a concussion should sit it out until all symptoms have disappeared. For a list of symptoms, click here.

Derek G. Thomas, 37, of 110 Bank St., #B, Batavia, is charged with assault, 3rd. Thomas is accused of attempting to assault another person with intention to cause physical injury during an alleged disturbance outside 45 Ellicott St., Batavia, at 7:07 p.m. on Nov. 17. Also arrested and charged with assault, 3rd, was Marquele L. Tomlin, 22, of 130 E. Delavan Ave., Buffalo. Thomas and Tomlin are accused of assaulting a person while the victim was leaving Save-A-Lot.

Lasania S. Hyatt, 19, of 81 Ludlow St., basement, Yonkers, was arrested on a bench warrant. Hyatt is suspected of possession of alcohol under age 21 at 2 a.m., Sept. 27 on Trumbull Parkway, Batavia. Hyatt was located at Genesee Community College and arrested by Batavia PD. Also arrested on a warrant related to underage drinking was Shanique Y. Headley, 18, of 8170 Batavia-Stafford Townline Road, Batavia.

Jerry T. Saddler Jr., 37, of 112 State St., Batavia, is charged with assault, 3rd. Saddler was arrested in connection with an alleged incident at 9:30 p.m., Nov. 12, at State and Hutchins. He was jailed on $2,500 bail. No further details were released.

Joseph M. Blatchley, 35, of 3233 Pratt Road, Batavia, is accused of failure to appear on a charge of illegal dumping. Blatchley turned himself in. The alleged illegal dumping reportedly occurred at 8:30 a.m., Oct. 7, at a dumpster at 679 E. Main St., Batavia.

Kaitlyn A. Showler, 20, of 101 Summit St., Batavia, was arrested on a bench warrant. Showler was jailed on $5,000 bail. No further details released.

Sabrina C. Harris, 43, of 142 Charles St., Wayland, is charged with petit larceny and conspiracy, 6th. Harris is accused of assisting another person in a larceny at Olympia Sports at 2:42 p.m., Nov. 1. Harris turned herself in to BPD.

Mallory R. Pfaff, 25, of 4271 Broadway Road, Alexander, is charged with petit larceny and conspiracy, 4th. Mallory was allegedly involved in shoplifting at Tops at 11:35 a.m., Oct. 25. Also arrested was William C. Schlenker, 25, of 4271 Broadway, Alexander, and charged with petit larceny and conspiracy, 6th.

Anthony D. Alexander Sr., 39, 3687, W. Main Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Alexander was arrested on a warrant related to an alleged incident at 2:14 p.m., Sept. 10, at 430 Ellicott St., Batavia. Alexander was held on $1,000 bail.

Benjamin L. Brade, 31, of 3337 Stroh Road, Attica, is charged with disobeying a court mandate. Brade is accused of violation an order of protection.

Drew Daniel Linderman, 25,of Hermitage Road, Gainsville, is charged with petit larceny. Linderman is accused of shoplifting from Walmart.

Jason Eric Nelson, 31, of Rhode Island Avenue, Niagara, is charged with unlawful possession of marijuana. Nelson was allegedly found in possession of marijuana while on Roberts Road, Alabama.

Jennifer L. Stack, 27, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing $310.92 in merchandise from Rite Aid on West Main Street Road, Batavia.

Christi A. Davis, 39, of Geneseo, is charged with endangering the welfare of a child. Davis was arrested by State Police in connection with an alleged incident reported in the Town of Bergen at 2:33 p.m., Monday. No further details released.

Antonio A. Ayala, 19, of Batavia, is charged with criminal possession of a narcotic drug with the intention to sell, in adequate muffler and back passenger age 4-6 restraint violation. Ayala was arrested by State Police in the Town of Bergen at 5:20 p.m., Tuesday. No further details released.

The past couple of years, on my eastbound trips down Route 5 in the Town of Batavia, heading toward Wortendyke Road, I've been watching this barn slowly slipping away. This morning, the barn is leaning further to the north and closer to the ground than I've seen before.

Investigators believe the same person, white male small in stature, is responsible of a pair of early morning armed robberies over the past two days.

Yesterday at 3:05 a.m., the Best Western on Park Road, Batavia, was robbed and then a person fitting a similar description robbed 7-Eleven in Oakfield at 2:09 a.m.

In the Batavia robbery, a Sheriff's sergeant was on scene in seconds and a K-9 was deployed. The suspect was tracked into Batavia but lost.

In Oakfield, the first deputy was on scene within three minutes, according to Chief Deputy Jerome Brewster. The suspect was seen running down Coe Avenue but was not located.

The suspect is described as being 5'2" to 5'6" and a small build.

In both cases the suspect displayed a handgun.

For the Best Western robbery, the suspect wore a black jacket and bandana. In Oakfield, he was dressed a brown hooded sweatshirt or jacket, bandanna and baseball cap.

Anyone with information that might assist in the investigation can contact the Sheriff's Office at (585) 345-5000.

A larceny is reported at 16 Liberty St. and city police are responding. A favorite winter decoration, Frosty the Snowman, was allegedly stolen from the front lawn.

If you happen to spot a bit of facial hair on Batavia police officers this month, it's not a new grooming trend inspired by the beards of the Boston Red Sox.

Members of the department are growing mustaches this month because November is Men's Health Awareness Month.

Each officer who is participating made a minimum $20 donation to the cause and had to be clean shaven on Nov. 1. The donations will be sent to Genesee Cancer Assistance at the end of the month.

The officers are encouraging area residents to make a similar donation to GCA this month.

Pictured are Jason Iverson, Chris Camp, Frank Klimjack, Kevin DeFelice, John Kirbis, Chad Richards, Jim DeFreze, Eric Hill, Dan Coffey and Pat Corona.

Responding to tragedy involving widespread disaster and death is something Randy McIntire has done on several occasions and last week he attended training with other veteran emergency responders in Albany.

He is a funeral director at H.E. Turner and former chief of the Town of Batavia Volunteer Fire Department who brought a lot of experience to share with peers taking part in the "Mass Fatality Incident Response Course" presented by the NYS Office of Emergency Management.

As a member of the New York State Funeral Directors Association's Family Assistance Commission (FAC), a nonprofit, volunteer group of licensed funeral directors, he attended the Albany workshop.

"The whole premise is to train for the dignified return of victims to their families, and to learn how different agencies work together to accomplish that goal," McIntire said.

FAC members are prepared to assist local governments in the event of a disaster occurring within their borders and they work in tandem with others tasked with the recovery, handling, identification, and return of remains following a mass fatality incident.

His extensive background in emergency training began in the mid-1970s. And he was at the scene of Egypt Air flight 990 in 1999, the World Trade Center bombing, Hurricane Katrina (made worse by Hurricane Rita), and the crash of Continental Airlines' flight 3407.

Whether the catastrophe is a plane crash or a hurricane, the process varies little. FAC members help recover the dead, protect their dignity, take them to a morgue, where a coroner conducts scientific tests for identification, and through that process the victims are returned to their families.

A myriad of skills must be employed quickly, smoothly and under intense stress -- interviewing survivors/next-of-kin, processing paperwork to assist in identifying and facilitating the release of remains to the next-of-kin or other representatives, and more -- all vital services during a time of extreme confusion and grief.

The training is not new -- McIntire took the course in 1997 -- but he says over the years the state had pretty much done away with it and is now rekindling its efforts.

"It was unique training (last Thursday and Friday) because a high number of participants were mass fatality responders," McIntire said.

Their broad experience added some boots-on-the-ground pragmatism that was useful, especially for other responders, each with different responsibilities.

“Trainings such as this allow us to ... properly care for the dead as well as the living,” said Douglas R. Brueggemann, FAC committee chair.

Local landlord Terry Platt has brought an Article 78 action against the City of Batavia over a planning committee's denial of his application to open a rooming home on East Main Street, and the Erie County judge presiding over the case indicated in court today he leans in favor of Platt's side of the case.

When Larry O'Connor, representing the city's insurance company, told Judge John Curran that he thought the case was straightforward, Curran responded, "I think it is straightforward and you're running up hill."

O'Connor said he got that feeling after listening to Curran pepper Platt's attorney, Michael Perley, with questions about how the case should be decided.

Platt sought approval from the city in May for a rooming house at 316 E. Main St. and several neighbors came to a meeting of the Batavia Planning and Development Committee and objected to the plan.

The committee voted to deny Platt the necessary approval for the project.

In the Article 78 action, Platt's attorney argues that the proposed use is both allowed by existing zoning, fits the mixed use nature of the neighborhood and could not be denied on any legal basis.

O'Connor said the committee had the authority to deny the application based on the city's Comprehensive Master Plan.

That, however, raises what Perley characterized as a "fatal defect" in the city's case -- there's no proof on the record that the city ever formally approved its master plan.

O'Connor did not provide proof of plan approval prior to arguments in the case and Curran said the record is now closed. O'Connor said, however, he could provide proof of an approval. (Outside of court, O'Connor said Curran could "take judicial notice" of the approval, even if it's not part of the record).

Perley said the city couldn't produce a copy of the master plan when Platt issued a FOIL request for the document earlier this year.

A copy was found and it is now part of the case.

City Manager Jason Molino confirmed later in the day that the City Council did ratify the master plan Feb. 25, 1997. Molino could not comment further on the case.

According to the discussion in the Erie County courtroom of Curran today, Curran must weight the role of the master plan in the committee's decision, whether the master plan gives the committee the authority to reject Platt's application, and whether he should take the extreme step of overturning the decision of a group of community volunteers over a zoning issue.

Curran spent a lot of time asking the attorneys questions about how they propose he decide the case.

"The property is properly zoned?" Curran asked.

"Correct," said Perley.

"There's no defect in the application?"

"Correct."

"There's no request for a variance?"

"There's no need for a variance."

"There's no request for a change in zoning?"

"No."

"There's is no need for a special-use permit?"

"No."

"Both you and Mr. O'Connor have experience in municipal law," Curran said. "You and I both know a lot of municipal law. If I run a (report) for special-use permit legal cases to come up with standards or if I run it for variances to come up with a standard, we know what I'll find. What do I run for this one?"

"The standard you apply is whether or not this decision was arbitrary and capricious," Perley said. "How does the committee deny an application that is proper for the property before it without misapplying the zoning law?"

O'Connor argued that the denial was consistent with the master plan, and Curran honed in on the section that says the permitted uses of buildings on that section of East Main Street (zoned C1, which is mixed use) includes professional offices, small restaurants and other small businesses, but says nothing about single-family residences, so how can the city argue that it wants to preserve the historic nature of the single-family residences?

The master plan as a whole is about preserving and enhancing current single-family residences, O'Connor told Curran.

"This is an area of single-family homes along with limited commercial use," O'Connor said. "The city wants to preserve the integrity and character of that area."

Then Curran laid out his underlying frustration: Neither attorney had filed a memorandum of law.

Such memorandums are often filed by attorneys to provide a judge with their views of how the law and prior legal precedents apply to a particular case.

Perley said he wrote such a memorandum and was surprised it hadn't been filed with the case. Since O'Connor hadn't received such a memo, he hadn't written a response.

Curran agreed to give both attorneys time to file such memos and continued the case to Jan. 30.

The options before Curran include: upholding the committee's decision; overturning the decision and permitting Platt to open the rooming house; or overturning the committee's ruling but ordering the committee to reconsider its decision.

The 42nd Annual Chamber of Commerce Awards are getting a bit of a makeover this year with no general Business of the Year honoree and a complete skip of Innovative Enterprise of the Year -- even with a qualified nominee in the mix.

Much like last year, there are two winners for Geneseean of the Year, with awards going to Laurie Mastin, of Pavilion, and Timothy Michael Adams, of Stafford.

Rather than Business of Year, the chamber is honoring a Service Business of the Year, Alex's Place, and Retail Business of the Year, Adam Miller Toy & Bicycles.

The Agricultural Business of the Year is Bonduelle USA, Inc., of Bergen and Oakfield.

The Bergen Business and Civic Association is receiving special recognition with a Special Service award.

Nominated by The Batavian for Innovative Enterprise of the Year was Insource Urgent Care, but no award was given in that category for 2013.

While Insource has transformed the urgent care business through innovative use of telemedicine and cooperative arrangements with doctors and specialists from throughout the region, greatly reducing the cost of care for patients, the Batavia-based company was bypassed by the awards committee. 

It's not unprecedented for the chamber to hand out awards with different titles than previous years or what was on nomination forms.

The awards dinner is Feb. 22 at the Clarion Hotel, Park Road, Batavia. Tickets are $50 or a table of 10 for $450. Hors d'oeuvres are at 5:30 p.m. followed by entree tables (no formal sit down dinner). There is a cash bar. The awards program starts at 7 p.m., which will include coffee and dessert.

Call Kelly Bermingham at 343-7440, ext. 26, to make reservations.

City firefighters gave out 25 brand-new, American-made coats to children at the Agri-Business Child Development Center on Brooklyn Avenue yesterday. This is the first year City fire participated in this national program, which is part of Operation Warm and Firefighters Coats for Kids.

Information and photos submitted by Adam Palumbo.