batavia

Ricky N. Porter Jr., 24, of Gilbert Street, Le Roy, and a 16-year-old male from Brighton (name not released by Le Roy PD), were charged with assault, 3rd. Porter and the teen allegedly punched another person numerous times, causing facial fractures, swelling and lacerations. The victim required hospital treatment. The teen was also charged with criminal mischief, 3rd. It's alleged that after turning himself in at Le Roy PD headquarters, he punched a window, damaging the window and hurting himself. After being treated for the injury, he was arraigned on both charges and jailed on an unspecified amount of bail.

Renee L. Coughlin, no age provided, of Bergen, is charged with DWI and criminal possession of a weapon, 4th. Coughlin was stopped by State Police in Olean. During the investigation, troopers allegedly found she was carrying a stun gun.

Joseph B. Hogan, 75, of Corning, is charged with federal criminal tax fraud, 4th, and possession of unstamped cigarettes. Hogan was stopped on Route 77 in the Village of Corfu by Officer Michael Petritz for allegedly driving 47 in a 35 mph zone.

William James Bick, 25, of Dorman Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Bick was stopped at 2:33 a.m. Dec. 27 on Oak Orchard Road by Sgt. Thomas Sanfratello.

Laticia S. Anderson, 29, of Wilson Street, Rochester, is charged with harassment, 2nd, and menacing, 2nd. Anderson was allegedly involved in a fight at 16 Bank St., Batavia, at 10 p.m. Sunday. She was jailed on $1,000 bail.

Katie Rose Wishman, 29, of Ross Street, Batavia, is charged with petit larceny, possession of a hypodermic instrument and criminal possession of a controlled substance. Wishman is accused of shoplifting from Dollar General. She was allegedly found in possession of a hypodermic needle and a small amount of crack cocaine upon her arrest.

Cody David Cutitta, 28, of Broadway Road, Alexander, is charged with criminal possession of stolen property, 4th, petit larceny, identity theft, 3rd, and forgery, 3rd. Cutitta allegedly used a credit card without authorization to obtain goods and services at two locations in the City of Batavia and one in the Town of Batavia.

Crystal L. Marsceill, 34, of Oak Street, Batavia, was arrested on warrants for alleged failure to appear on an aggravated unlicensed operation charge and on a grand larceny charge. She was jailed on $5,000 bail.

UPDATE: Marsceill was also arrested in Wyoming County. Marsceill was reportedly a passenger in a vehicle stopped at 2:58 a.m. Saturday on Route 19, Warsaw. A deputy asked for her name and birthdate to perform a warrant check and was told she would be arrested if she lied about the information. Marsceill allegedly gave an incorrect first name. The deputy found a felony warrant for her arrest out of the City of Batavia. She was charged with false personation and turned over to Batavia PD.

Erica M. Raphael, 30, of Oak Orchard Road, is charged with petit larceny. Raphael allegedly stole merchandise from Dollar General.

Casey J. Halsey, 34, of Silver Lake, is charged with aggravated harassment. Halsey was arrested in the Town of Batavia by State Police for an alleged incident reported at 10:30 a.m. New Year's Day. Halsey was held on an unspecified bail. No further details released.

Andrea L. Osborne, 30, of Albion, is charged with DWI and driving with a BAC of .08 or greater. Osborne was stopped at 10:20 p.m. on New Year's Day in the Town of Batavia by State Police.

The New Year's Eve party at City Centre to celebrate Batavia's centennial has given rise to a new point of contention between the city and the Mall Merchants Association.

While there is a long simmering dispute over who is responsible for a troubled roof and other repairs to the structure, and with a city-filed lawsuit pending over alleged unpaid rents, Mall Director Madeline Bialkwoski says you can now add "trespass" the the association's list of complaints.

Prior to Wednesday's event, Bialkowski sent a letter to City Manager Jason Molino that said as far as the association was concerned, using a portion of the mall concourse for a dance floor and photo studio was never authorized by the association.

"Therefore, we are once again letting you know that you do not have permission to use our insured and leased concoure space for your New Year's Eve Celebration and respectfully request that the City gate remains closed and locked," Bialkowski wrote to Molino.

Reached at his office this afternoon, Molino said, "We own the mall."

Asked if that isn't a bit like a landlord saying "I'm going to use your house for a party," Molino said there's a difference between a residential property and a commercial property. The city owns the space and therefore doesn't need the permission of the merchants to use it.

Bialkowkski said the association's big concern is over its insurance. She said the association's policy, like most mall policies the past few years, forbids the consumption of alcohol in the concourse.

"It voids our insurance," she said. She's concerned, she said, that now that the party has taken place, what the ramifications might be for the association's policy.

Molino said the city had insurance to cover the event.

"We had everything we needed in place," Molino said.

The event included a cash bar in the second floor community room and partygoers were free to carry drinks, if they wished, into the portion of the concourse being used for the party.

Bialkowski thinks the conflict could have been resolved if the organizers had been willing to put up signs and station one or two people in the stairway to ensure drinks were not carried down stairs.

"There justification is that they had insurance," Bialkowski said. "A million dollar policy with an additional insured is nothing in today's atmosphere."

Bialkowski said she first alerted Vibrant Batavia to the potential problem as far back as August and raised concerns then.

Leanna Di Risio, of Vibrant Batavia and a member of the Centennial Committee, wrote a letter to Bialkowski on Nov. 7 outlining celebration plans and requesting the mall association's support of the celebration.

The association's operating committee voted Dec. 4 to deny the committee permission for use of the space. (Dec. 4 is a late date for such a decision, Bialkowski admits, but said the committee couldn't meet in November because of travel and vacations of members).

The city has filed a suit against the merchants claiming the association owes more than $800,000 in back rent for the concourse.

As for the claim of trespass, Molino said, "The mall merchants are just being obstructionists."

Bialkowski said she realizes she could have called the police on the trespass complaint, but felt that would just be unfair to any officer who responded, putting the officer in awkward position.

"No one here wanted to ruin the event," Bialkowski said.

Press release:

United Memorial Medical Center is pleased to welcome the Genesee County New Year’s Baby for 2015. Kynlee Lynne Holland, a baby girl, was born to Jonathon and Danielle Holland of Pavilion, NY on Thursday, January 1st at 1:25 a.m. at United Memorial Medical Center in Batavia. She was delivered by certified midwife, Kim Danser, CNM. Baby Kynlee weighed 7 pounds, 6 ounces and was 19-inches long. She is the second daughter for the new parents. She has a sister, Makenna, age 6, waiting anxiously for her at home.

Both parents work in shipping and receiving. Mrs. Holland is employed at Walmart in Batavia, NY and Mr. Holland works for Quaker Muller Dairy in Batavia, NY.

As the New Year’s baby, Kynlee and her parents received a $200 gift card to Target, an engraved feeding spoon, books and a touchless thermometer from United Memorial Medical Center.

In 2014, there were 646 babies delivered at United Memorial.

Brandon P. Matteson, 18, of Dutton Road, Silver Springs, is charged with burglary, 3rd. Matteson is accused of stealing from a locked concessions stand in an Oakfield Park.

Gary D. Piazza, 59, of Jackson Street, Batavia, is charged with petit larceny. Piazza is accused of shoplifting from the gas station at 99 Jackson St., Batavia.

Michael B. Neth, 37, of Summit Street, Batavia, is charged with harassment, 2nd. Neth allegedly pushed another person to the ground. The alleged incident was reported at 11:15 p.m., Saturday. 

Steven R. Columbo, 28, of East Main Street, Batavia, is charged with assault, 3rd. Columbo allegedly grabbed the arm of another person hard enough to cause dark bruising and substantial pain. The alleged incident was reported at 9:51 p.m., Wednesday.

A 16-year-old resident of Dellinger Avenue was charged with trespass. The youth was allegedly on property on Liberty Street without permission. Also charged with trespass at the same location was Destiny N. Green, 18, of Walnut Street, Batavia.

David Mobley Schmieder, 20, of Silver Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and moving from the lane unsafely. Schmieder was stopped at 2:37 a.m. Thursday on Erie Street, Darien, by Deputy Andrew Hale.

A vehicle that was apparently doing donuts in the parking lot has struck the Marshall's building on Veterans Memorial Drive and is attempting to leave.

The vehicle was last seen, possibly, attempting to leave the Clarion Hotel parking lot on Park Road.

It's described as a small, white SUV.

UPDATE 10:21 p.m.: A suspect vehicle has been stopped.

UPDATE 10:23 p.m.: A deputy reports a very small amount of damage to a pillar in front of the store, with skid marks leading up to it.

UPDATE 10:24 p.m.: Registration comes back to a residence in Holley.

UPDATE 10:25 p.m.: State Police confirms it believes it has the driver.

UPDATE 10:27 p.m.: A trooper is asking the deputy on scene to look for a license plate that may be missing off the vehicle. A female is in custody.

An accident with a minor injury is reported at Clinton Street and East Avenue, Batavia.

A person has a cut.

City fire and Mercy EMS dispatched.

Cold, wind, snow, seems to have kept a lot of people away from the City of Batavia Centennial Celebration on Wednesday night, but those who braved the elements, there seemed to be plenty of fun to go around.

There was a bonfire and entertainment in what organizers dubbed Centennial Plaza in the parking lot of St. Mary's off Evans Street, and a swank party for those who bought tickets inside City  Hall.

To purchase prints, click here.

Kind of like old vaudvillians, fireworks operators say "the show must go on."

Yes, it's cold, it's snowing, and we may get a bit of wind, but there will be a fireworks display in the City of Batavia tonight at 10 p.m. (Batavia Downs is also planning a display at midnight).

There will be three and four inch canisters used in the downtown display, and those lager ones could get obscured by the clouds, but otherwise, we should expect a good 18 minute show, a technician told me.

A three-vehicle accident, unknown inuries, is reported at the corner of West Main Street Road and Wortendyke Road. Mercy medics and East Pembroke Fire Department are responding.

UPDATE 3:08 p.m.: A responder reports heavy traffic there and says the accident is blocking the roadway.

UPDATE 3:11 p.m.: Fire Police are called to handle traffic.

UPDATE 3:43 p.m.: The East Pembroke assignment is back in service.

In August, City Fire Chief Jim Maxwell announced plans to equip medics in his fire department with Narcan, a drug that can potentially save the life of a person who has overdosed on heroin or other opiate-based drugs.

Saturday, for the first time, a life was saved in the city when a firefighter administered Narcan to a middle-aged female resident.

The woman apparently overdosed on heroin.

The firefighter, Ryan Whitcombe, said the call came in shortly after noon Saturday for an unresponsive female.

When firefighters arrived, they found the woman unconscious on the floor of her residence. She wasn't breathing.

Whitcombe was informed by others at the residence that the woman may have suffered a narcotics overdose.

After consulting with other first responders, he agreed the best course of action was to administer Narcan, generically known as naloxone hyrdochloride, which he sprayed into the woman's nostrils.

The fast-acting drug did its job.

"Over the period of a minute or two, her breathing started to come back," Whitcombe said. "Little by little her breathing came back to the point where she became conscious and was breathing on her own without assistance."

When a person ODs on heroin or an opiate-based prescription medication, the drug shuts down brain function that controls breathing. The person literally forgets to breath. Narcan stimulates that portion of the brain and the person will start breathing again.

As Maxwell explained to council members in August, there's no known downside to administering the life-saving drug.

"If it's not an opiate overdose, you can't hurt the patient," Maxwell said. "You can't overdose on it or anything along those lines, so if it's a false recognition and they administer it, it doesn't do anything to the patient."

Narcan, clinically considered "an opioid antagonist," can also be used to revive people who have overdosed on prescription medications that are opiates.

"Centennial Plaza," in the St. Mary's parking lot on Evans Street is just about all ready for tonight's revelers as Batavia celebrates the 100th anniversary of its incorporation. 

Fireworks are planned for 10 p.m. and will be launched from behind the fire hall.

There's plenty of wood ready for the bonfire.

Jeffrey Deats, the Batavia resident arrested Dec. 18 following the investigation into the death of a 6-month-old boy, died Monday, Batavia PD announced this afternoon.

Deats was found hanging from a bed sheet in his Genesee County Jail cell the night of Dec. 21. CPR was performed by jail staff and Deats was transported to UMMC and later ECMC.

As a result of his death, the criminal case against Deats is closed, Chief Shawn Heubusch said.

Chandler Zuchs died Dec. 14 while in the care of Deats.

At the time, Deats believed he was the father of Chandler, though after his arrest, DNA test results surfaced that showed an Albion resident was the infant's father.

In his statement to police during the investigation, Deats said the boy's mother, Michelle Zuchs, of Tonawanda, alternately told Deats he was the father and wasn't the father, and finally told him she had DNA test results back, apparently leading Deats to believe he was the father.

One account Deats gave of how Chandler may have suffered brain damage, which was the cause of the baby's death, was that he fell down the stairs of his Olyn Avenue home while carrying Chandler.

Deats was 28 years old.

For previous coverage, click here.

City of Batavia New Year’s Eve Centennial Celebration schedule of events for children/family activities Dec. 31, 2014:

Falleti Ice Arena

6 to 6:30 p.m.    --    Free Open Skate

6:30 to 6:45 p.m.    --   Warm Up (Buffalo Skating Club/Falleti Ice Arena Learn to Skate Program)

7 to 7:45 p.m.    --    Buffalo Skating Club Demonstrations

7:45 to 9 p.m.    --    Photos with Queen Elsa (Warming Room)

                                 Free Open Skate

St. Mary’s Church, basement

7 to 9 p.m.    --    Children's Carnival, with games and prizes

                            Balloon Animals

                            Face Painting / Caricatures (FREE)

"Centennial Plaza" at the corner of Ellicott and Evans streets

6 to 9 p.m.    --    Outdoor Winter Carnival

10 p.m.    --    FIREWORKS EXTRAVAGANZA!

Other activities will include: Snowshoe Races; Bean Bag Toss Competitions; Hula Hoop Contests; Balloon Blizzard Races; Life-size Jenga; Snowman Snowball Toss; Trivia by the Holland Land Office; and tours of the Batavia Fire Department.

In addition, there will be FREE pony rides, FREE limo rides, and a photo booth. Michelle’s Bakery and Batavia’s Original will have food and hot drinks available for purchase. A large bonfire and live music/performances will go on throughout the evening.

Century Club Celebration (inside City Centre) -- tickets are still available for purchase at $50 per person at City Hall in the City Manager’s Office until noon Wednesday, Dec. 31 (while supplies last). Tickets will not be sold at the door. Price includes live music, DJ, dancing, champagne toast and heavy hors d'oeuvres. Pick a decade during the past 100 years and dress accordingly!

For more information, contact Leanna Di Risio at 585-738-7388.

The family of Samuel J. Caito placed a memorial today to the former liquor store owner in front of the YNGodess Shop on Main Street, Downtown Batavia, the location of his former shop.

His father, Augustino, opened the store right after the end of Prohibition in 1933. It was the first post-prohibition liquor store in Batavia.

Samuel owned the store until 1985.

He was also a teacher at Notre Dame and Batavia Middle School.

Click here for his full obituary.

For the first time since 2003, the Lions Tournament championship trophy will not be on display in the hallway of a Genesee County school.

After dispatching Batavia in the first round, University Prep ran away from Notre Dame in the 4th quarter of last night's final to clinch the crown in a champion's fashion, 63-49.

In a match-up of a Class A charter school from a populous county against a Class D private school from a rural county, the local team looked for most of the game like they might actually win the game.

But four minutes into the third quarter, a double-digit lead started to slip away after U-prep's guards hit back-to-back threes and the Irish found themselves launching bricks instead of buckets.

"It all started with the missed shots," Notre Dame Head Coach Mike Rapone said. "Once the shots start getting missed, the game gets played at their tempo."

U-prep is a talented and athletic team. After the first round games, Rapone said his team would need to slow the pace of the game down in order to compete, and for 20 minutes, that's what they did.

Notre Dame carried a 29-17 lead into the half.

The Griffins were without three starters, all benched because they missed a practice, said Head Coach Raheem Miller.

"It's all about discipline," Miller said. "To me, you've got to be responsible. I understand things happen and whatever, but you've got to at least call. You don't just not show up."

It was OK, though. Miller still had Isaiah Brinkley at guard, another guard, Quillan Leach-Alexander, and Jeenathan Williams at forward.

Held scoreless in the first half, Brinkley let it up in the second, hitting four threes and scoring 24 points.

Leach-Alexander also hit a quad of treys and finished with a total of 19 points.

Williams, a freshman with some fine athletic moves in the lane and a deft touch from mid-distance, scored 13.

Brinkley was the tournament's most valuable player.

For Notre Dame, Josh Johnson scored 14 points and Caleb Nellis had 10.

Batavia beat Albion 68-31 in the consolution game to finish third in the tournament. Jeff Redband scored 29 points in that game.

Bishop-Timon won the tournament in 2003, and in 2004, Batavia started a tournament win streak that wasn't broken until this year.

To purchase prints, click here.

A an accident is reported on the Thruway in the area of mile marker 387, which puts it just east of Byron Road, Town of Batavia.

A driver is reportedly slumped over the wheel of his vehicle.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 11:21 a.m.: Town of Batavia back in service. No further information of possible injuries, if any, at this point.

UPDATE 12:26 p.m.: This was a medical issue.

Mary Ann McClain, 53, of North Main Street, Albion, is charged with harassment, 2nd. McClain allegedly pushed a chair into another person repeatedly "causing annoyance and alarm." The call came in at 7 p.m. Monday on Judge Road, Alabama. 

Derek G. Thomas, 38, of Ross Street, Batavia, is charged with petit larceny and conspiracy, 6th. Thomas is accused of shoplifting from Dollar General on Sunday. Also arrested was Melinda S. Blackshear, 49, of Ross Street, Batavia. Blackshear was charged with petit larceny and conspiracy, 6th.

Rashad N. El-Amin, 33, of Jackson Street, Batavia, is charged with unlawful possession of marijuana. El-Amin was arrested following an investigation at 3:18 a.m. Monday into a reported suspicious condition at an apartment on South Main Street, Batavia.

Matthew M. Maniace, 32, of Birchwood Drive, Batavia, is charged with harassment, 2nd, and petit larceny. Maniace allegedly bent back the thumb of another person and took the phone of that person before leaving a residence on Birchwood Drive, Batavia, at 12:19 p.m. on Sunday. Maniace was also arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge and jailed on $1,000 bail.

Lauren M. Hunter, 24, of Oatka Trail, Le Roy, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Hunter was arrested following an investigation into an unrelated complaint at 2:43 a.m. Sunday on Summit Street, Batavia.