batavia

The McMahon Irish Dancers are in the midst of a full St. Patrick's Day schedule, with appearances at nine locations in Genesee County, including this session for preschoolers at the YMCA.

Keeping with tradition, the dancers perform at 6 p.m. at Center Street Smoke House.

Justin L. Sanders, 23, of Byron-Holley Road, Byron, is charged with two counts of burglary, 2nd, and one count of grand larceny, 3rd. Larcenies were reported from a residence on Route 237, Byron, in late November through December and two burglaries occurred at a residence on Townline Road, Byron, on Jan. 13 and Jan. 20. Sanders is accused of stealing numerous items of jewelry from the homeowner where he was living. He allegedly stole more than $3,000 worth of jewelry. He allegedly stole coins, jewelry and electronics from the Townline Road residence. Sanders was previously arrested by State Police on similar charges and is being held in the Genesee County Jail. The case was investigated by Deputy John Duyssen and Deputy Joseph Graff and Investigator Kris Kautz.

Alexander L. Waide, 20, of Batavia, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and speeding. Waide was stopped by State Police on Route 98, Village of Attica. A field sobriety test was conducted. He was transported to the Warsaw barracks and evaluated by a certified Drug Recognition Expert from the Wyoming County Sheriff's Office. A urine sample was collected and sent to the crime lab for further analysis. He was released on an appearance ticket.

Gregory Richard Fitch, 33, of Woodstock Gardens, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 2nd, charge. Fitch turned himself in and posted $100 police bail.

Lewis C. Rhodes, 36, of Summit Street, Batavia, is charged with coercion, 1st, and menacing, 2nd. Rhodes was allegedly involved in a domestic dispute at 3:12 p.m., Sunday. The victim alleges that she was threatened by Rhodes with a handgun. Rhodes was ordered held without bail.

A 17-year-old resident of South Swan Street, Batavia, is charged with harassment, 2nd. The youth, whose name was withheld by police, allegedly threatened another person several times over a period of two months.

Adam Daniel Smart, 32, of Washington Avenue, Batavia, is charged with two counts of criminal contempt, 2nd. Smart allegedly violated a complete stay away order of protection.

Tyquawn D. Bethel, 24, of East Main Street, Batavia, is charged with burglary, 2nd. Bethel was arrested in relation to an alleged incident reported Feb. 11. No further details released.

James A. Hancock, 45, of Dellinger Avenue, Batavia, is charged with harassment, 2nd. Hancock allegedly pushed and shoved another person during an argument. Hancock was jailed on $1,000 bail.

Ralph A. Golding III, 50, of Buell Street, Akron, is charged with petit larceny, public lewdness and escape, 3rd. Golding allegedly stole $5 in quarters from machines at Dollar General. Golding allegedly engaged in a lewd act while in custody at Batavia PD. He also allegedly tried to escape by defeating the lock mechanism on the holding room door. He was jailed on $2,500 bail or $5,000 bond.

Justine D. McWethy, 28, of Fairway Drive, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. McWethy was allegedly found in possession of heroin and glassine baggies.

Thomas E. Hansel, 31, of Oak Street, Batavia, was arrested on a bench warrant for alleged failure to appear on a possession of burglary tools charge. Hansel was located at Days Inn and taken into custody. He was jailed on $500 bail.

Tonya D. Smith, 29, of Oak Street, Batavia, was arrested on a warrant for alleged failure to appear on a charge of operating while registration suspended or revoked. Smith was located at the Days Inn and taken into custody. Smith was jailed on $100 bail.

Joseph Michael Dispenza Jr., 21, of East Main Street, Batavia, was arrested on a warrant stemming from a DWI charge. Dispenza allegedly violated terms and conditions of City Court's DWI Treatment Court. Dispenza allegedly turned up at intermittent incarceration while under the influence of alcohol. He was jailed on $100,000 bail.

Michael J. Robbins, 55, of Lake Street, Le Roy, is charged with criminal possession of a forged instrument, 2nd. Robbins allegedly cashed a forged personal check at the drive-up window of the Five Start Bank on East Main Street, Batavia.

Michael Joseph Myers Jr., 56, of Roosevelt Highway, Hamlin, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and moved from lane unsafely. Myers was stopped at 12:11 a.m., Saturday, on Route 237, Stafford, by Deputy Joseph Corona.

Tanyana Reedidizie Bell, 23, of Ross Street, Batavia, is charged with criminal mischief, 4th. Bell allegedly damaged property belonging to Pandora's Boxxx.

Kevin Lloyd Kenyon, 60, of Golden Pond Estates, Akron, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlights. Kenyon was stopped at 8:27 p.m. Friday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Henry Leon Polanowski, 35, of North Pearl Street, Oakfield, is charged with unauthorized use of a vehicle. Polanowski allegedly drove another person's vehicle without permission. He was jailed on $1,000 bail.

Andrea Nichole Kirch, 26, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding. Kirch was stopped at 2:01 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. A 16-year-old resident of Pratt Road, Batavia, was also charged with unlawful possession of marijuana. 

Joseph Hur Bianchi, 33, of Northgate Manor Avenue, Rochester, is charged with unlawful possession of marijuana and inadequate stop lamps. Bianchi was stopped at 12:05 p.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves.

Jenna L. Brodzinski, 31, of Rochester, is charged with petit larceny and criminal possession of a controlled substance. Brodzinski was arrested by State Police for allegedly shoplifting from Target. No further details released.

Norman M. Bialuski, 45, of Brockport, is charged with DWI and driving with a BAC of .08 or greater. Bialuski was stopped at 2:32 a.m. Sunday at East Main and Clinton streets, Batavia, by State Police.

Nicole Johnson, while working at the Pok-A-Dot this afternoon, snapped this picture of Batavia PD giving a guy on his riding mower a safety escort across Ellicott Street and down Liberty Street. Johnson said police stopped the rider by the Dot and provided the escort after conducting a sobriety test.

The Buffalo Sabres have yet to win a Stanley Cup, but the Batavia Sabres can now enjoy some championship swag after capturing the Genesee County title this morning at Falleti Ice Arena in a 4-1 win over the Wild.

MVP Rich Pearson

Team Captain Mike Koch

To purchase prints, click here.

Photos by Jim Burns.

The family of Emma Harris, a Jackson School student battling leukemia, received an outpouring of community support Saturday evening during a Cheer-a-Thon held at Batavia High School.

Above, Laurie Napoleone and board members from the Michael Napoleone Memorial Foundation, present a $1,000 check to Emma's aunt.

Below, the Marine is Emma's cousin.

Photos by Jim Burns.

The Batavia Ramparts held their 3rd annual Collin Crane Memorial Hockey Tournament this morning at Falleti Ice Arena, with all proceeds benefiting the Collin Crane Memorial Scholarship fund.

Collin was an avid hockey player who died in an auto accident in December of 2012.

The event included three hockey games, an open skate, pizza, hotdogs and drinks along with prizes, an auction and raffle.

When I stopped into the Y's gymnasium this morning for a little basketball practice, I found Jeff Redband there.

The Batavia Blue Devil's standout was working on his own game but took some time to give me a few pointers on my own shooting stroke. While we chatted, Tanner came into the gym and asked Jeff to sign one of his kicks. 

Redband is planning on attending Daemen College, in Buffalo, next year on a basketball scholarship. Redband scored 1,024 points with the Blue Devils in a little over two seasons (a 26.2 point-per-game average this season) and helped the team to a pair of sectional title games and hit the game winning buzzer beater in 2013 that sent Batavia to a state title game. The Daemen Wildcats finished this season with 21 wins and captured the USCAA Division I basketball title. Daemen is a Division II provisional member of the NCAA and the East Coast Conference. 

GO ART! hosted a presentation ceremony Friday evening at its home at Seymore Place in Batavia for it's annual Reach and Ripple grants.

There were a total of 28 grants awarded this year for more than $46,000.

The Genesee Children's Chorus, directed by Heather Loveless, performed three opening numbers.

For a list of recipients, click here.

Bob Knipe, president of the board of directors, with opening remarks.

Josh Pacino, with Legislator Gregg Torrey and Interim Director Heather Grant, accepted awards on behalf of the Batavia Concert Band and Genesee Symphony Orchestra.

Shelley Falitico, from Genesee ARC, accepted the grant for the Sprout Film Festival.

A house fire is reported at 4 Genesee St. in the Village of Attica and Alexander fire is responding. A fire chief on scene confirms heavy smoke showing.

UPDATE 2:21 p.m.: Town of Batavia fire is requested to the scene. Mutual aid from Warsaw and Bennington also responding.

UPDATE 2:35 p.m.: Inmates from Wyoming Correctional Facility called in to help. Checking with Attica water utility to make sure hydrants are working correctly. A fire crew from Darien is asked to stand by in Alexander's hall.

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After observing what agents believed was a drug deal in a commercial parking lot off Main Street in Batavia, members of the Local Drug Enforcement Task Force and officers with Batavia PD conducted a traffic stop on the vehicle and made an arrest.

Joseph C. Wind, 45, of Horseshoe Lake Road, Stafford, is charged with two counts of criminal sale of a controlled substance, 3rd, two counts of criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd.

Wind was allegedly found in possession of heroin.

Also arrested was Catherine A. Norton, 32, of Ellicott Street, Batavia, who was charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument.

Wind is also facing alleged traffic violations. 

He was jailed without bail.

Motions filed in the case of a woman who thought she was the grandmother of a baby who died while in the care of her son seek to have a criminal charge against her dismissed, both because of a lack of evidence and "in the interest of justice."

Jacquelyn P. Deats, Olyn Avenue, Batavia, is charged with acting in a manner injurious to a child under 17 years old.

The charging document asserts, "On December 14, 2014, at about 7:00 a.m., while at 10 Olyn Avenue in the City of Batavia, New York, the Defendant did fail to provide and/or seek medical assistance for Chandler Zuchs dob May 20, 2014, while knowing that Zuck was suffering from serious medical symptoms. All contrary to the provisions of the statements made and provided herein."

There's simply no evidence to support the assertion, argues Attorney Thomas Burns, who is representing Deats.

There's no direct knowledge or witness statements to support the assertion that Deats knew Baby Chandler was suffering from serious medical symptoms at that time and that she had any knowledge that Baby Chandler had been mistreated.

Baby Chandler was in the care of Jeffery Deats, a 28-year-old Batavia man, who believed, based on representations by the baby's mother, Michelle Zuchs, of Tonawanda, that he was the baby's father.

Subsequently, Jeffrey had many visits with Chandler. He posted several pictures of Chandler, and of himself with Chandler to social media sites in the months prior to Chandler's death. The Dec. 13-14 visit was reportedly the first overnight visit.  

After Chandler's death from apparent brain injuries, Jeffrey Deats was arrested. A day after news came out that Jeffrey Deats wasn't the baby's father, Jeffrey Deats attempted to take his own life by hanging himself with a bedsheet in his jail cell.

Jeffrey Deats died as a result of his injuries four days later.

In a statement to police about the events of Dec. 14, Jacquelyn Deats, said she heard Chandler crying off and on throughout the night and that she woke up around 5:30 a.m. Sunday morning because she was thinking about going to church.

A half hour later, she said, she heard Chandler crying loudly, like he was screaming.

"I heard Jeff stomping down the stairs and he was calling, 'mom, mom' several times," Jacquelyn Deats said. "He sounded very upset. I said that I was in the bathroom. When I came out, Jeff was holding Chandler so that Chandler's head was on Jeff's shoulder. Jeff said, 'He's been up all night and I need to sleep.' Jeff was really upset. He laid Chandler on the couch and said, 'Now, you go to sleep you goddamn bastard,' and he turned around and went upstairs."

It would be another two-and-half hours before Jacquelyn Deats called for an ambulance, according to statements to police, which were made public when Jeffrey Deats was arrested.

Even if Judge Robert Balbick, the City Court judge who will be asked to rule on the motions, doesn't dismiss the charge for lack of evidence, he should do so "in the interest of justice," Burns argues.

"In the interest of justice" is a well-established motion in the legal system and has a series of criteria that should be met before a judge agrees to dismiss the case.

In order to establish the criteria, Burns argues:

• That Jacquelyn Deats has no prior criminal history, has no history of drug or alcohol abuse, no mental health issues and is gainfully employed;
• While the death of a baby is a serious criminal matter, there's no evidence Jacquelyn Deats was involved in Baby Chandler's death; "However, the charge as filed seeks to hold the Defendant accountable for her conduct after the injury already occurred to the child." Deats, Burns writes, "neither witnessed nor had knowledge" that the injuries occurred;
• The evidence doesn't support an assertion that Jacquelyn Deats caused harm to the child, and even if she had knowledge of a serious injury and did not act, there's no evidence that any action should could have taken would have changed the outcome;
• Jacquelyn Deats has suffered significant trauma as a result of these events, from the death of a child at the time she believed to be her grandchild, the death of her own child, and learning that Baby Chandler was not her son's son; "She has endured a substantial amount of stress and hurt and expressed deep regret for the death of the child and the tragic loss of her son Jeffrey";
• Because Jacquelyn Deats has no drug or alcohol issues, a conviction is not necessary to effect rehabilitation;
• The charge against her is only a misdemeanor, which for a person with no criminal record is not likely to result in any length of jail term;
• Jacquelyn Deats is no threat to the community and dismissal would ensure she remains a contributing member of the community;
• A conviction would serve no useful purpose; "This case also represents a series of poor choices and lack of judgement on the part of the deceased son of the Defendant, the mother of the deceased child and the Defendant now standing before the court," Burns writes. "There are simply no winners and losers in this case. No conviction will change these horrible facts. However, it is submitted that continued prosecution of Jacquelyn Deats will serve only to add to the layers of tragedy already existing with no legitimate purpose."

The prosecution has not yet filed its answer. Balbick will consider the motions at a later date.

A two-car accident, unknown injuries, is reported on the westbound Thruway at mile marker 385. One vehicle is "in the trees on the east side of the raodway," the other is in the median. Town of Batavia fire and Mercy medics are responding.

One of three men who has already admitted his role in a series of construction site burglaries in Genesee County will serve one to three years in prison, Judge Robert C. Noonan ruled this morning.

Michael Correia, 58, of Syracuse, admitted to third-degree burglary on Dec. 16, and while his sentencing in County Court concludes his case, his alleged accomplices continue to maintain their innocence.

Noonan will hear motions in the cases against Syracuse residents William Kelly, 44, and Robert Kelly, 43, on April 30.

All three were charged with burglary after an alert deputy in Wayne County spotted what he thought might be stolen property in a vehicle during a traffic stop.

The three men are accused of breaking into a Kutter's Cheese building, and stealing items from a residential construction site on East Main Street, Batavia, sometime during the early morning of Aug. 27.

They were allegedly found with more than $3,000 in material, including brass plumbing components and copper wire.

Robin Zanderwers from the Buffalo Zoo shows off a turtle to students at Jackson School on Thursday evening during an event dubbed "Wild About Reading."