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Northside roads getting paved on Thursday

By Press Release

Press Release:

On Thursday, Aug. 3, Fairmont Avenue, Hart Street, and Norris Avenue (between State Street and Bank Street) in the City of Batavia will be getting paved. This project is expected to be between the hours of 7 a.m. and 5 p.m.

Residents and businesses are asked not to park on the street during this time. This is weather-dependent work and will be scheduled for the next business day if necessary.

Contact the Bureau of Maintenance and ask to speak to the Streets Supervisor or the Superintendent at 585-345-6400 opt. 1 if you have any questions. Thank you for your cooperation in advance.

Solar project to be considered at GCEDC board meeting August 3

By Press Release

Press Release:

The Genesee County Economic Development Center (GCEDC) board of directors will consider an initial resolution for Oak Orchard Solar 3 LLC’s community solar farm project in the town of Batavia. The $9 million investment would include the installation of ground-mounted solar panels in order to generate up to 5 megawatts of power.

Under the proposed project agreement, Oak Orchard Solar 3 LLC’s project would generate $4,000/megawatts (AC) + a 2% annual escalator of revenues with Genesee County and Elba Central School District. Including a host agreement with the Town of Batavia, this project is estimated to generate a $319,088 increase in property-tax type revenues to host municipalities.

Since 2019, the GCEDC has reviewed over $1 billion of solar energy projects. These projects have proposed 860 megawatts of renewable energy and property tax-type revenues of $127.4 million to municipalities.

If Oak Orchard Solar 3 LLC’s project application is accepted, a public hearing will be scheduled on the proposed project agreement in the town of Batavia.

The August 3, GCEDC board meeting will be held at 3 p.m. at the MedTech Center’s Innovation Zone, 99 MedTech Drive, Batavia. Meeting materials and links to a live stream/on-demand recording of the meeting is available at www.gcedc.com.

GO ART! hosting dodgeball tournament at The McCarthy on Aug. 12

By Howard B. Owens
go art dodgeball 2023
GO ART!'s Angie Dickson with the toss and Justin Reynolds calls out Gregory Hallock in a promotional shot for GO ART!'s upcoming dodgeball tournament.
Photo by Howard Owens.,

On a search for a fun fundraising activity that might draw in members of the community who don't typically support the arts, GO ART! Executive Directory Gregory Hallock hit upon a fanciful idea -- a dodgeball tournament.

After looking around a bit, Hallock realized there doesn't seem to be any other dodgeball tournaments in the area, so the idea also had the advantage of being unique.

So, GO ART! is hosting its inaugural dodgeball tournament on Saturday, Aug. 12 at the David M. McCarthy Ice Arena at 5 p.m.

Teams of six to eight people cost $200, which includes a beverage. There will be prizes for best team uniforms and best team name.

For those who are of an artistic bent -- and Hallock stresses, this is not required -- there will be a rap battle/poetry slam.

That helps keep the arts connected to the event, he said.

The event is sponsored by the David M. McCarthy Ice Arena and Eli Fish Brewing Co.

You can sign up your team online by clicking here.

"When we thought of the idea, it also immediately made us think of the dodgeball movie, and we realized that was all about being funny and having fun, so this is about being funny and having fun. It's the comedy side of arts," Hallock said.

go art dodgeball 2023
Justin Reynolds, Angie Dickson, and Gregory Hallock.
Photo by Howard Owens.

Photo: Wet concrete outside Batavia's Fire Hall

By Howard B. Owens
city fire apron
New concrete outside of the Fire Hall on Evans Street in Batavia.
Photo by Howard Owens.

Batavia's Fire headquarters has a new apron, or driveway, as part of a construction project at the facility.

Previously, Chief Joshua Graham told The Batavian: "The construction that took place back then was not designed for the weight of today’s fire apparatus. Due to that fact, the concrete is cracking up and falling apart," he said to The Batavian Thursday. "The apron itself consists of tearing the only concrete out and pouring new slabs. We then have to wait until it has hardened enough to support the weight of our trucks."

Waste disposal company to invest $1.9M, create jobs on city's east side

By Joanne Beck

A company that has set up camp on Cedar Street in Batavia has been awarded a $100,000 Empire State Development grant and $180,000 in excelsior jobs tax credits to manufacture its waste disposal systems as part of Gov. Kathy Hochul’s $27 million financial package announced this week.

Enercon Systems, Inc., doing business as Eco Waste Solutions, lists addresses in Ontario, Canada and at 109 Cedar St., Batavia. The company has been setting up at the Cedar Street site for a while now, with plans to manufacture its high-tech and climate-friendly waste disposal systems at the site. 

According to its website, Enercon Systems (dba Eco Waste Solutions USA) was a pioneer in waste conversion and built some of the first small to medium-scale (200 to 600 ton per day) energy-from-waste facilities in North America. Enercon focused on producing simple, practical, and robust systems. Some of these plants operated for more than 40 years, making them some of the longest-lived waste-to-energy plants ever built in the US.

Enercon technologies have been proven to efficiently process almost any type of waste, including medical and pharmaceutical waste, industrial sludges, soils, and contaminated wood, and have diverted millions of tons of waste from landfills and produced thousands of megawatts of power, the site states.

Eco Waste Solutions (EWS) acquired Enercon in 2016. The Enercon tried, and true waste-to-energy system designs have now been modeled in 3D, modernized to include the latest technological advances, and have received new patents for improved energy recovery and emissions control, the site states. The modernized Enercon WTE designs can be produced under a license with EWS. The EWS Team can support a project developer to plan, manufacture, and implement a waste-to-energy project.

Enercon also has become Eco Waste’s US manufacturing division – the site of the production of our equipment packages, and is actively involved in waste-to-energy research and development, it states.

According to Hochul's press release, Enercon's mobile waste disposal systems are typically used in remote locations where traditional systems and infrastructure are not available.

Enercon, currently headquartered in Ohio, will establish New York operations in a vacant building on Cedar Street in Batavia, outfit the building with new machinery and equipment and create nine new jobs. The press release did not mention the Cedar Street address; however, it is listed on Enercon’s website, and The Batavian has spoken with an employee at the local site in the past week.

Enercon Systems is making a planned investment of $1.9 million, according to the press release. 

The remaining $27 million Hochul package was dispersed throughout other parts of New York State for various projects, from an industrial lighting project and dairy cooperative to a steel fabricator and multimedia production studio. 

The Regional Economic Development Council process continues to support and empower regional stakeholders in developing strategic plans and funding priorities that meet local economic needs, the press release states. To date, through the REDC Initiative, more than $7.8 billion has been awarded to more than 9,600 job creation and economic and community development projects consistent with each region's strategic plan.

The application for ESD grant funds remains open, and applications are being reviewed on an on-going basis as funds remain available.  Applicants with strong, shovel-ready projects that align with the state and region’s economic development priorities can apply through the Consolidated Funding Application.

About the Consolidated Funding Application              
The Consolidated Funding Application was created to streamline and expedite the grant application process. The CFA process marks a fundamental shift in the way state resources are allocated, ensuring less bureaucracy and greater efficiency to fulfill local economic development needs. The CFA serves as the single-entry point for access to economic development funding, ensuring applicants no longer have to slowly navigate multiple agencies and sources without any mechanism for coordination. Now, economic development projects use the CFA as a support mechanism to access multiple state funding sources through one application, making the process quicker, easier, and more productive. Learn more about the CFA here

About the Regional Economic Development Councils  
The Regional Economic Development Council initiative is a key component of the State’s approach to State investment and economic development. In 2011, 10 Regional Councils were established to develop long-term strategic plans for economic growth for their regions. The Councils are public-private partnerships made up of local experts and stakeholders from business, academia, local government, and non-governmental organizations. The Regional Councils have redefined the way New York invests in jobs and economic growth by putting in place a community-based, bottom-up approach and establishing a competitive process for State resources. Learn more at regionalcouncils.ny.gov.

Boston Rocks at Batavia with NYSS win

By Tim Bojarski
boston-rocks.jpg
Photo of Boston Rocks courtesy of Wendy J. Lowery

Overcoming an untimely break that may have cost him his third straight win last week, Boston Rocks (Boston Red Rocks-Scirocco Sarah) got back on track and proved to be the best 2-year-old pacing colt this week after winning the $106,300 New York Sire Stakes at Batavia Downs on Tuesday night (August 1). 

Jason Bartlet left four-deep into the first turn with Boston Rocks and continued to take air up the backside before crossing over before the quarter. Immediately, Avenger Force (Matt Kakaley) took the lead from him and tripped the timer in :28 flat. These two pulled away from the field by two lengths heading to the half. It was there that Howlenthehills (Kyle Cummings) joined the fray as they spun through turn three. 

Avenger Force and Howlenthehills paced side by side to three-quarters while Boston Rocks continued to trip out along the pylons. In the turn, Howlenthehills bid fell apart, giving a clear lane for Boston Rocks to make his move in the lane. Bartlett tipped Boston Rocks, and he came flying at Avenger Force and paced right by him to take the lead and the win by a length in 1:54.3. 

Boston Rocks ($10.60) third win of the year was a huge payday of $53,150, and it pushed his lifetime earnings to $125,685 for owners/breeders Peter Blood and Rick Berks. Mike Deters was the winning trainer. 

Bartlett ended the night with a driving hat trick. 

There were also three $20,000 NYSS Excelsior races on the card. The first was won by Heave Away (American Ideal-Use Your Noodle) in 1:56.3 for driver Drew Monti, trainer Stephen Doyle and owner Walter Walker. The second went to Escape To America (American Ideal-Flirtiscape) in 1:55.4 for driver Jason Bartlett, trainer Debbie Daguet and owners John Darrah and Lawrence Keethe. And the third was won by Spectacular Plus (Huntsville-Spectaculardelight) in 1:56.1 for driver Kevin Cummings and trainer Gary Messenger who co-owns with Ken Weckstein. 

Cummings had a grand slam in the sulky Tuesday. 

When live racing resumes at Batavia Downs on Wednesday (August 2) at 6 p.m. there will be a $861 carryover in the Jackpot Hi-5 pentafecta in the 15th race. 

Free full card past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page. 

Batavia man accused of assaulting medic on ambulance

By Howard B. Owens

A 50-year-old Batavia resident is charged with assault in the second degree after allegedly assaulting a emergency medic while riding in an ambulance early Saturday morning.

James Ronald Tillery, of Farwell Drive, was being transported to a hospital for medical treatment from Route 63 in Bethany when he allegedly attacked the medic.

It's alleged that he caused physical injury to the medic.

Tillery was taken into custody by Deputy Nicholas Chamoun and Sgt. Andrew Hale and transported to the Genesee County Jail and held pending arraignment.

Tillery has three prior arrests reported locally.  In April 2022, he was charged with criminal mischief for allegedly damaging property at a restaurant on East Main Street. In 2020, he was charged with criminal tampering for allegedly mowing a profane word into the grass of city property.  And in 2018, he was charged with harassment for allegedly striking another person.  The status of those cases is not known at this time.

How to respond to crime? 'We all have responsibility'

By Joanne Beck

City Manager  Manager Rachael Tabelski and Chief Shawn Heubusch issued a letter to the community this week regarding three shootings that occurred in the city, and The Batavian asked them a few related questions about crime in Batavia.

The first one was about a family with a Ring camera that apparently caught disturbing video of strangers attempting to break into their home by opening the door where the camera was placed. That family has packed up and moved and put their home up for sale.

Police have access to such camera databases, and The Batavian asked have there been any such incidents reported, and if this type of criminal activity is on the rise?

Rachael Tabelski

“That is indeed sad news that someone in Batavia feels they need to move away to be safe.  That is exactly the issues that we have been working on.  Anyone who sees suspicious activity on their property should call 911.  Also anyone that wants to register their cameras with the police we encourage that as well,” Tabelski said.  “We want residents to feel safe and will be allocating more resources to address this type of criminal activity. I did check with the chief. We have been made aware of instances of people forcing themselves in the homes, but have not seen the video of it.”

“Investigators can review video from Ring systems provided to them by homeowners where a crime has occurred in order to gather evidence. The police department does get reports from time to time of people stealing packages from porches,” she said. 

The Batavian asked if Batavia’s population and climate is changing with increased crime, and if so, how do citizens win back their streets?

“Residents should be cautious and aware of their surroundings when out in the City, or anywhere.  Always take basic safety measures with your property to protect it,” Tabelski said.  “From what we currently understand, the gun incidents were targeted.  If you see an altercation, get yourself to safety and call 911.  If you see something, say something.”

“Batavia is not unique in this regard as communities like ours face significant challenges.  There are enormous socio-economic pressures that are impacting communities, including a rise in crime. As a micropolitan in-between Buffalo and Rochester we see some criminal activity here similar to larger cities, however, we have much less crime and a much more tightknit community,” she said. “Many criminals move on after they are arrested or they realize it is too difficult to operate here. Citizens can win back their streets by cooperating with police and reporting crime or suspect activity when they see it. Neighborhoods are stronger when they are united, residents need to get to know their neighbors and take care of them. Simply put, it means we all have a responsibility to police our community.”

While there were many kudos and thank-yous issued online for the city's letter and the police department's efforts, there are some steps that citizens can also take to ensure a safer community, per Tableski's comments:

  • If you have a Ring camera system and experience any suspicious activity, allow police to view the footage.
  • If you see anything suspicious, report it to police. If you witness an altercation, get yourself to safety and call 911.
  • Get to know your neighbors and watch out for them. 

Bank Street pop-up to debut August 18 in downtown Batavia

By Joanne Beck

Press Release:

In collaboration with community partners, Genesee County and the City of Batavia are thrilled to announce the upcoming “Bank Street Pop-Up Demonstration”, an event that aims to collect valuable public feedback to improve the look of the street and make the community more walkable. It will take place on Friday, August 18, 2023, from 10 a.m. to 2 p.m., with a rain date set for Monday, August 21. 

The demonstration will be located between Main Street and Washington Avenue in Batavia. The demonstration is an outcome of the Active People, Healthy Nation Walkability Virtual Academy, in which Genesee County was selected as one of the teams from across the nation to participate. The primary focus was on creating safer and more accessible pedestrian, bicycle, and transit transportation networks for people of all ages, races, ethnicities, incomes, backgrounds, abilities, and disabilities.

The Pop-Up Demonstration aims to engage the public and receive their valuable input on various aspects of street and landscape design, crosswalk placements, and overall mobility in the area. During the event, teams will gather insights from the community, allowing more informed decisions that align with the needs and preferences of the residents.

"We are hoping that the public will come out on Friday the 18th and check out the design and provide us their thoughts about what they see," said Diana Fox, Director of the Genesee County Office For The Aging. “Community feedback is crucial to creating a neighborhood that fosters active and healthy living.”

The City will temporarily close parts of the street to traffic from 7 a.m.-9 a.m. on August 18 in preparation for the event. Artists from GO ART! will paint vibrant and attractive crosswalks, and Batavia Turf has contributed turf that will enhance the visual appeal of the space.

This initiative represents another significant step towards building a community that prioritizes the well- being of its residents and visitors, promoting physical activity and ensuring that streets are safe and accessible for all.

Lockport man charged with trespass, resisting arrest in incident Sunday on Bank Street

By Howard B. Owens
arrest of akeem gibson batavia 2023
Akeem Rashaad Gibson in custody following an alleged high-speed chase and standoff at Northside Meadows Apartments on Bank Street in Batavia on Sunday. Onlookers line the fence from an adjacent property.
Photo by Howard Owens.

Charges have been filed against a 33-year-old man who allegedly failed to stop for a trooper in Byron and continued on at high speeds into the City of Batavia before barricading himself in an apartment on Bank Street.

Akeem Rashaad Gibson, of Washburn Road, Lockport, is charged with criminal trespass in the second degree, obstruction of governmental administration in the second degree, and resisting arrest.

At about 3:31 on Sunday, a state trooper attempted to stop a red Toyota sedan for alleged traffic violations but rather than yield to emergency lights, the Toyota reportedly sped up and led the trooper on a high-speed chase with speeds reportedly in the range of 90 mph.

As the vehicle passed GCC and approached the City of Batavia, Officer Sam Freeman, Batavia PD, deployed spike strips. 

The Toyota turned into a driveway at Northside Meadows, 335 Bank St., Batavia, and the vehicle struck a small boulder near an apartment building.

The driver fled, and officers initially believed he ran into the woods but a witness informed officers that he entered an upstairs apartment. 

Officers soon determined that the apartment was supposed to be vacant.  It's tenant is reportedly incarcerated, according to a trooper at the scene on Sunday, and witnesses. 

According to Batavia PD, officers could hear the subject barricading himself in the apartment. 

A standoff ensued and officers entered into negotiations with the subject for a peaceful resolution but the subject refused to cooperate, police said.

A person known to the rightful tenant of the apartment responded to the scene and provided the officers with a key to the front door but because of the barricade, officers needed to make a forceable entry. 

Offices forced them into the apartment at 5:48 p.m.

According to Sgt. Arick Perkins at the scene on Sunday and the subject was taken into custody without further incident.

While being led by officers to a patrol car, the subject made statements indicating he didn't understand why he was being arrested, why he was being taken to a State Police car when he was in the City of Batavia, and why police had reporters there taking his picture.

According to police, State Police cited Gibson for several traffic violations. A spokesman for the State Police said the case was turned over to Batavia PD.

Gibson was held following his arrest pending arraignment in Centralized Arraignment Court.

Previously: 

arrest of akeem gibson batavia 2023
Akeem Rashaad Gibson being led from an apartment where he reportedly barricaded himself following a high-speed chase from Byon into the City of Batavia.
Photo by Howard Owens.
arrest of akeem gibson batavia 2023
Photo by Howard Owens.
arrest of akeem gibson batavia 2023
Photo by Howard Owens.

Genesee County Fair ends on positive yet soggy note

By Joanne Beck
Cow and girl fair 2023
Genesee County Fair
Photo by Howard Owens

Darned that Mother Nature and her pesky nimbus clouds. 

She defeated an otherwise seven-day streak to beat or at least match last year’s fair numbers with a dreary daylong onslaught of rain during the very last day.

“It was down only because that last Saturday, we were actually trending ahead. Up until Friday evening, it killed us. So we still figured about 63,000 people, down about 7,000 from the year before,” Ag Society treasurer Norm Pimm said Monday. “Our attendance, for, I think it's 13 straight years, it's been increasing. It has gone up basically double digits every year for the last 13 years. Until this year. So the crazy part is that we were still trying to do that, and Mother Nature didn't let us. All in all, a very, very good year, we look back to where we were, you know, 10 years ago from now. It's still unbelievable.

"The support we got from the community, attendance every day was up, which is really cool," he said. "Vendors all did very well. Food stands were all up over previous years. Midway was awesome.”

Saturday’s downpour meant an 80 percent drop in attendance on Saturday, he said, and the popular Enduro race was canceled. With soaring temperatures for the rest of the week, attendance also dipped a bit during the day but caught up with more people visiting later on, he said.

For the first time in fair history, there was a cooling trailer set up by Turnbull Heating and Cooling, which was a nice added bonus for those seeking some relief from the heat,  Pimm said.

Records were still broken with the largest draught horse show of 11 six-horse hitch teams from across the country and Canada, for a total of about 125 horses in the show; 2,000 animals on the fairgrounds for an assortment of livestock, draught, and auction events;  and 74 cars attending the demolition derby — “the most we’ve had in 20 years,” Pimm said.

There were 72 vendors, including those with food throughout the grounds — only two each of the same type of foods are allowed — and vendors inside the Exhibition building. That was a 25 percent increase from last year, he said. 

It has gotten a little easier to attract those vendors than in times past, he said.

“If you look back, you know, 15 years ago, when our attendance wasn't very strong, it was hard to actually attract vendors to come to our fair, and now the vendors that we have, they're signing up before that previous year's done for them,” he said. “And then we're getting a lot more phone calls from vendors wanting to come into our fair every year because, again, word of mouth. Those vendors travel together and go from fair to fair, carnival to carnival, show to show, and I think the word spreads, you know, we did a really nice job at Genesee County, so then the next year, people want to be in on it.

“Because of our community and community support we've been receiving and the growth that we've seen, it's turning into a really nice fair that people want to go to.”

The livestock auction yielded more than 200 lots and brought in nearly $340,000, an increase of $20,000 from 2022’s record year. Local sponsorships were up, meaning businesses and organizations stepped up to help support the fair, including Bruce Scofield of Stafford, who provided trash pickup at 6 a.m. each morning to ensure a well-maintained and clean fairground, Pimm said.

“We got a lot of comments about how clean our fairgrounds stayed throughout the week,” he said. 

Volunteers also do more than their part — from picking up litter and working the admission booth to cooking and helping at the animal stalls. There were about 100 throughout the week, he said, including kids and adults who would just show up some days and offer their assistance. 

“I think a lot of the times I don't think the community realizes that everybody there is a volunteer, there's not one person paid to help put on that fair,” he said.

There are 20 folks on the Ag Society board, and “we could not put on that fair with 20 people.” They’ll all be gathering for a volunteer appreciation dinner. “It’s just a giant thank you for people who came to volunteer their time throughout the week, so we invite them to the dinner,” he said. 

The board is “always open to suggestions.”

“We take notes, and when we meet, we will go over suggestions. We’re definitely going to be adding back the Enduro race. I had a ton of emails and Facebook messages and phone calls asking, are you running?” he said. “We will run that and the demolition derby again. Maybe have a couple of new bands, and some during the day, and have some daytime entertainment.”

There will be a rain date set for the Enduro, probably in September, he said. That will be publicized once it is finalized with the speedway.  But then again, there’s always something to think about when it comes to the fair and the grounds out on East Main Street, he said.

“So as far as the people, the workers and all that you know, it's a lot of time all year round that we invest in keeping that for the community so the community has something to enjoy. We run the fairgrounds all year round, whether it's during the wintertime putting storage in, or fall putting storage in, and spring getting storage back out, we'd run a bunch of horse shows there, we rent the grounds out … and we generally will operate our food stands to try and generate some revenue. And mowing the lawn, doing weed eating, we’ll be able to recruit people who come in and help with that, so it doesn't weigh on us,” he said. “But in the grand scheme of things, you want to make sure that place is viable for future generations to enjoy and, specifically, the kids coming in having a really good time, they're running around having fun, going on the rides, seeing the animals, being able to pet the animals and get up close to the animals, or even going into the showroom themselves. And when we do stuff like that, you just see the kids light up, you know, and how much fun and how much excitement they have.”

Plans have already been percolating for next year, he said. Actually, “We already started a few weeks ago,” he said. We try to make it a little bit better each year.” 

“Next year, we're gonna ask Mother Nature to cooperate a little bit better. 75 and sunny,” he said.

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Kingsbury Bennett

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Man with accordion, woman holding sign, asked to leave Batavia Towne Center

By Howard B. Owens

The property manager of Batavia Towne Center on Veterans Memorial Drive has called the police after asking two people to vacate the shopping center.

They were apparently asked to leave but have returned. One is playing an accordion by Michael's, and the other is holding a sign up near PetCo.

A deputy is responding. 

Law and Order: Batavia resident accused of owning six unlicensed, feces-covered dogs

By Howard B. Owens

Rulee A. Allyn, 60, of Batavia, is charged with six counts of owning an unlicensed dog and six counts of failure to provide sustenance to animals. On the morning of July 12, Officers were called to Brooklyn Avenue, Batavia, for a report of numerous dogs running loose in the area. Officers located five dogs and were able to contain them. They were determined to belong to Allyn. A sixth dog was located in Allyn’s residence. All the dogs were allegedly covered in feces and were not being properly cared for. Allyn was issued an appearance ticket and is scheduled to appear.

Jason Eric Howard, 38, of Millison Crescent Street, Angus, Ontario, Canada, is charged with trespass and disorderly conduct.  Howard is accused of remaining on Six Flags Darien Lake Theme Park property after being told to leave by security staff. He is also accused of yelling obscenities and "causing a public inconvenience by making unreasonable noise." He was issued an appearance ticket.

Michael J. Torres, 39, of Batavia, is charged with criminal possession of a controlled substance 3rd and obstructing governmental administration. Police officers spotted Torres riding a bicycle at 5:30 p.m. on July 12 on Ellicott Street near Ellicott Place.  Officers were aware the Sheriff's Office was looking for Torres, who had a warrant out for his arrest. When officers attempted to stop him, Torres allegedly fled on his bike. Officers followed him onto Colorado Avenue, where he crashed his bicycle into a patrol vehicle. He then attempted to flee on foot, according to police, but was taken into custody a short distance away. Torres was allegedly found in possession of multiple bags of a narcotic and a large sum of cash. Torres was arraigned and released. He is due back in court at a later date. 

Juan Nieves, 31, of Parkside Avenue, Buffalo, is charged with felony DWI, felony driving with a BAC of .18 or greater, driving a vehicle with a revoked registration, driving without insurance, and leaving the scene of a property damage accident. Nieves was apparently (it's not mentioned in the Sheriff's Office press release) in an accident at an undisclosed location on Main Street in Pembroke at 5:53 p.m. on July 9. Nieves was arrested by Deputy Alexander Hadsall. His release status was not disclosed. 

Cassandra L. Elmore, 31, of Batavia, was arrested on a pair of warrants issued by City Court. The first case is the result of a traffic stop on Aug. 30, 2022. Elmore was charged with two counts of criminal possession of a weapon 4th, obstructing governmental administration 2nd, aggravated unlicensed operation of a motor vehicle 3rd, operating without an inspection certificate, insufficient tail lamps, two counts of criminal use of drug paraphernalia 2nd, failure to change address and depositing refuse on the highway. Elmore was issued appearance tickets and released. She allegedly failed to appear in court, and a warrant was issued on Sept. 8. She was arrested on that warrant on Sept. 10. During that arrest, Elmore allegedly fought with a police officer and was additionally charged with obstructing governmental administration. Warrants were issued in both cases on Jan. 23, after Elmore allegedly failed to appear in court. She was arrested on Feb. 2. Warrants were again issued on Feb. 21, after she failed to appear in court. On July 14, Elmore was located at a residence on River Street and arrested. She was additionally charged with two counts of bail jumping 3rd. She was arraigned and remanded to the custody of the Genesee County Jail. 

Phillip Ashley Ruffin, 50, of Main Street, Niagara Falls, is charged with felony DWI and parking on a highway. Ruffin was allegedly found in his vehicle at 1:57 a.m. on July 15, parked in the middle of the roadway on Redfield Parkway with his emergency flashers activated Sgt. Mathew Clor. Ruffin was held pending arraignment.

Jamonte O. Murrell, 19, of Batavia, is charged with assault 2nd. Murrell is accused of cutting another person during a disturbance on July 19 at a residence on Watson Street, Batavia. He was arraigned in City Court and released on his own recognizance.

Ahdeosun R. Aiken, 25, of Attica, and Amanda J. Jackson, 22, of Batavia, are charged with endangering the welfare of a child. Aiken and Jackson are accused of engaging in sexual conduct in a vehicle on July 8 at a location not released by police while a one-year-old child was in the vehicle. They were both issued appearance tickets.

Richard A. Demmer, 30, of Batavia, was arrested on a City Court warrant on July 13. Demmer was originally arrested on May 29 and charged with Attempted Robbery 3rd. It’s alleged that he entered a local business and demanded money from the clerk. The warrant was issued on July 12 after Demmer allegedly failed to appear in court. He was located by Police on July 13 at the location of an unrelated incident. He was arraigned and ordered to reappear at a later date.

Richard Allen Demmer, Jr., 30, of South Spruce Street, Batavia, is charged with petit larceny and criminal possession of a controlled substance 7th. Demmer is accused of stealing merchandise from the East Pembroke Crosby's on Main Road, Pembroke at 8:20  a.m. on July 18. During his arrest by Chief Deputy Joseph Graff, he was allegedly found in possession of a controlled substance. Demmer was released on an appearance ticket. 

Benjamin G. Evans, 34, of Batavia, is charged with petit larceny. Evans is accused of stealing a package from the porch of a residence on State Street On July 8. He was issued an appearance ticket.

Jordan A. Baxter, no age nor address provided, is charged with criminal contempt 2nd and criminal trespass 2nd. Baxter is accused of entering the residence of another person in violation of an order of protection on July 8. He was arraigned and ordered held on $1,000 bail, $2,000 bond, or a $5,000 partially secured bond.

Ronald W. Lewis, 35, of Rochester, is charged with petit larceny. Lewis is accused of stealing from a local business on July 7. He was issued an appearance ticket. 

Crystal M. Boute. 34, of Batavia, is charged with criminal mischief 4th. Boute is accused of damaging another person's mobile phone during an argument in the parking lot of a local business. She was issued an appearance ticket.

Brian M. Raphael, 35, of Batavia, is charged with petit larceny. Raphael is accused of stealing from a business on West Main Street, Batavia. He was issued an appearance ticket.

Lance D Beals, 53, of Batavia, is charged with petit larceny and criminal mischief 4th. Beals is accused of stealing a mobile phone from another person and intentionally damaging it. He was issued an appearance ticket.

Karina M. Treleaven, 39, of Batavia, is charged with felony DWI, moving from lane unsafely, and leaving the scene of a property damage accident. Treleaven was reportedly involved in a one-vehicle accident at 11:30 p.m. on July 11 in the 300 block of Washington Avenue, Batavia. A vehicle allegedly driven by Treleaven struck a parked car.  The driver fled on foot, and officers located Treleaven nearby the accident a short time later and determined she was the driver of the vehicle and was allegedly drunk at the time of the accident. Treleaven was previously convicted of DWI on June 1. She was arraigned in City Court and released under supervision.

Michelle L. Misiak, 58, of Le Roy, was arrested on a warrant issued by City Court. Misiak was initially charged with petit larceny on Sept. 27 for allegedly stealing from Aldi on East Main Street, Batavia. The warrant was issued on March 10 after she allegedly failed to appear in court. On July 12, Misiak was located by the Village of Leroy Police and turned over to Batavia Police. She was additionally charged with Bail Jumping 3rd and arraigned in  City Court. She was held on bail and remanded to the custody of the Genesee County Jail.

Mason Andrew Hogle, 19, of Lockport Road, Oakfield, is charged with petit larceny. Hogle is accused of shoplifting from Walmart at 1 p.m. on July 6. He was released on an appearance ticket.

Maurice Richard McCoy, 70, of North Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. McCoy was stopped at 6:13 p.m. on July 2 on Veterans Memorial Drive by Deputy Alexander Hadsall. He was released on an appearance ticket.

Sara Marie Conrow, 34, of Rochester, is charged with DWI, driving with a BAC of .08 or greater, and an unregistered vehicle. Conrow was charged following an investigation by Deputy Austin Heberlein at the Speedway Truck Stop on Route 77 in the Town of Pembroke on July 13 at 2:35 a.m. Conrow was issued an appearance ticket.

Nathaniel Ashton Finta, 18, of North Main Street, Oakfield, is charged with criminal mischief 3rd. Finta was arrested in connection with an incident reported at 3:30 a.m. on July 11 at a location on North Main Street, Oakfield. The Sheriff's Office did not release information on the alleged incident. Finta was held pending arraignment.

Derek John Machala, 28, of West Main Street, Batavia, is charged with trespass. Machala is accused of remaining unlawfully on a property at 8:39 p.m. on July 16. He was held pending arraignment.

Benjamin Gove Evans, 34, of State Street, Batavia, is charged with petit larceny and criminal possession of a controlled substance 7th. Evans was arrested in connection with an incident reported at 9:45 p.m. on July 17. The Sheriff's Office did not release information about the alleged incident. The address of the location, somewhere on Veterans Memorial Drive, was redacted from the release. Evans was released on an appearance ticket.

Jada Lee Coursey, 32, of West Fifth Avenue, Warren, Pa., is charged with harassment 2nd and endangering the welfare of a child. Coursey is accused of striking another person in front of a child while at Darin Lake at 11:35 p.m. on July 17. Coursey was issued an appearance ticket.

Joshua Lee Jones, 41, of Auburn, is charged with disorderly conduct. Jones is accused of being involved in a disturbance at Six Flags Darien Lake Theme Park on July 19 at 9:46 p.m. He was released on an appearance ticket.

O'Neil Dejusus Cruz, 34, of Poplar Avenue, Mineral, Va., is charged with DWI drugs.  Following a driving complaint called into dispatchers at 8:21 p.m. on July 21, Cruz was allegedly found by Deputy David Moore on Alleghany Road, Pembroke, operating a semi-truck while his ability was impaired by drugs. Cruz was issued an appearance ticket.

Joseph Lowell Hampton, 26, of Myrtle Street, Le Roy, is charged with harassment 2nd. Hampton allegedly pushed a former friend at 1 a.m. on July 19 at a location on Myrtle Street, Le Roy. Hampton was arraigned, and an order of protection was issued.

Joseph Thaddeus Martino, 31, of West Main Street, Batavia, is charged with attempted assault 3rd.  Martino was arrested at the Genesee County Jail. It's unclear from the Sheriff's Office press release if he was an inmate. The incident was reported at 5:05 p.m. on July 22. There were no other details about the alleged incident released. Martino was issued an appearance ticket.

Daniel Jay Torok, Jr., 36, of Liberty Avenue, Rochester, is charged with criminal possession of a controlled substance 7th. Torok was arrested by Deputy Ryan Mullen in connection with an incident reported at 11:40 p.m. on July 22 at the Genesee County Jail. The Sheriff's Office did not release information on what led to the arrest of Torok. He was issued an appearance ticket.

Kasondra Lynn Hubbard, 38, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, driving drunk with a child in the vehicle, and endangering the welfare of a child. Hubbard was stopped at 10:16 p.m. on July 22 on Gilbert Street, Le Roy, by Deputy Mason Shultz. Hubbard was processed at the Genesee County Jail and released on an appearance ticket.

Laurin Angeline Moro, 21, of Kalar Road, Niagara Falls, is charged with trespass. Moro was arrested at Darien Lake on July 15 at 8:30 p.m. The Sheriff's Office did not release information on events that led to her arrest. Moro was issued an appearance ticket.

Brian Michael Raphael, 35, of Fisher Park, Batavia, is charged with petit larceny. Raphael is accused of concealing merchandise while at Tractor Supply Co. on East Main Street Road, Batavia, and attempting to leave the store without paying for the merchandise. Raphael was arrested by Deputy Zachary Hoy and released on an appearance ticket. 

Thomas Anthony Salerno, 56, of Hall Road, Lancaster, is charged with DWI and insufficient tail lamps. Salerno was stopped at 9:39 pm. on July 29 on Route 20 in Darien by Deputy Jacob Kipler. He was released on an appearance ticket.

Adam Troy Shipwash, 42, of West Main Street Road, Batavia, is charged with criminal contempt 2nd. Shipwash was arrested in connection with an incident reported at 1:50 p.m. on July 30 at a location on Terry Street, Byron. The Sheriff's Office did not release information on events that led to the charge. Shipwash was released on an appearance ticket.

Open letter to city residents regarding recent gunfire incidents

By Howard B. Owens

Press release:

Three incidents of shots fired in the City of Batavia over the last few months is certainly not the norm here.  

We want residents to know that the City of Batavia Police Department is taking a number of steps to protect our community. 

We will be enhancing the current Neighborhood Enforcement Teams (NET) to respond to neighborhood issues in our efforts to get guns and drugs off the street and put criminals in jail.  

The City will commit dedicated resources to this initiative, including personnel and equipment. 

We will partner with outside agencies, such as the Genesee County Sheriff’s Office, the State Police, along with other local, state and federal partners.  

We also will be calling on the Governor’s Office to allocate resources to the City in response to the recent incidents of gun violence.  

Individuals who illegally use guns will be apprehended and brought to justice.  

If you commit a crime, especially with a gun, you will be caught, you will be arrested, and you will be convicted. 

Batavia is a small and tight-knit community where neighbors look out for each other and support our police officers.   

We would be remiss if we did not recognize the hard work and dedication of the men and women of the Batavia Police Department and who, in these incidents, not only put their lives on the line to protect and serve our community, but quickly apprehended the individuals responsible for these crimes.  

We ask you to be vigilant and, if you see anything suspicious, to immediately call 911.   

Our police department is here to protect and serve our community.  You are a vital partner in these efforts. 

Sincerely, Shawn Heubusch, Police Chief & Rachael Tabelski, City Manager

Ellicott descendants visit for "Tea and Spirits"

By Press Release
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Pictured (from left to right): Connie Boyd as Rachel Ellicott Evans, Rachel Ellicott from Brooklyn, her father David Ellicott from Poughkeepsie, and Patrick Weissend as Joseph Ellicott in front of portraits of the Ellicott ancestors. 
Submitted photo.

Press Release:

Three famous residents of the Historic Batavia Cemetery attended a 200th-anniversary tea party at The Holland Land Office Museum on Sunday, July 23. Joseph Ellicott, his sister Rachel Ellicott Evans, and the infamous William Morgan regaled the crowd with stories of their fortunes and misfortunes in the early nineteenth century.

The Ellicotts were thrilled to be visited by their descendant cousins, David Ellicott and his daughter, Rachel Ellicott, who came from Poughkeepsie and Brooklyn to attend the tea.

Two more teas with sweet treats and savory bites are scheduled. Dean and Mary Richmond and Eli Fish will visit on August 20, and General John Martindale, Albert Brisbane, and Reverend John Yates will appear on September 17th at 2 p.m. Reservations are required and tickets, which are $25, $20 for HLOM members, may be obtained by calling the museum at 343-4727. Space is limited! 

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Connie Boyd as Rachel Ellicott Evans
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Photo of Patrick Weissend as Joseph Ellicott
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Photo of Joshua Pacino as William Morgan
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Photo of Rachel and David Ellicott in front of portraits of Rachel Ellicott Evans and David Ellicott Evans

Submitted photos

Cummings, Morrill and Smith score big at Batavia Downs

By Tim Bojarski
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By Tim Bojarski for Batavia Downs

Wins were coming fast and furious for three top horsemen at Batavia Downs on Saturday night (July 29) and some impressive performances were put in by the horses they scored with. 

Driver Kevin Cummings had a natural grand slam, winning races six, seven, eight, and nine that included both $15,000 Open I features. 

In the top trot, Cummings drove Special Prosecutor from post four and traded leads with Dewanslittlelorie (Joe Chindano Jr.) to the quarter before settling in second behind that one at the quarter. Special Prosecutor took the pocket trip to three-quarters and made his move in the last turn. Cummings tipped Special Prosecutor on Dewanslittlelorie and grabbed the front at the top of the stretch. From there he trotted strong through the lane and held off a fast-closing Lougazi (Ray Fisher Jr.) to win by one-half length in 1:57.1.

The first start since June 3rd for Special Prosecutor ($7.80) turned into his fifth win of the year for owners Philip Hale and David Dewhurst, who also trains the winner. 

Then Cummings took the feature pace with The Longest Yard who finished in impressive style. After getting away six off the gate, Cummings followed early cover from Idealthecards (Kyle Cummings) who was out and rolling past the three-eighths. The top four maintained their positions around turn two and until halfway up the backstretch where The Longest Yard swung three-wide as they approached three-quarters and cleared before they got to the final bend. Cummings then let The Longest Yard roll into the stretch and he pulled away by 4-½ lengths in 1:53.2. 

It was the second win of the year for The Longest Yard ($7.90) which was recently acquired by current owner Mike Torcello. Sam Smith was the winning trainer.

Cummings completed his consecutive four-bagger with Johnny Boy (1:58.4, $9.10) and Stranger Things (1:55.2, $2.60).

Torcello and Smith saw a total of four from their stable win during the evening. Besides The Longest Yard they added Johnny Boy, Sportskeeper (1:55.2, $3.00) and Ys Lotus (1:53.4, $5.40).

Jim Morrill Jr. also had a hot hand on the lines as he drove four winners on the card as well. He had pictures taken with Da Boogie Man (1:58, $4.40), Northern Sportsman (1:56, $3.70) and the afformentioned Sportskeeper and Ys Lotus. 

When live racing resumes at Batavia Downs on Tuesday (August 1) at 6 p.m. there will be a $432 carryover in the Jackpot Hi-5 pentafecta in the 14th race. Tuesday also features the New York Sire Stakes and Excelsior 2-year-old pacing colts and geldings who will be on hand to compete for a total purse of $166,300.

Free full card past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page. 

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Photos courtesy of Wendy J. Lowery

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