batavia

A Batavia woman is the first person in Western New York charged with an enhanced felony DWI under a new statute that took effect Dec. 18 known as "Leandra's Law."

The law turns a misdemeanor DWI into a felony DWI if children are in the car.

Michelle T. Crawford, 24, was reportedly picked up by State Police in the Town of Marilla in Erie County.

Troopers were alerted Sunday afternoon to a domestic dispute in the Town of West Seneca in which the woman involved drove away with her three children, and she was reportedly agitated and had been drinking. The initial report had her heading back to Batavia.

Shortly after the initial report reached State Police, a trooper spotted a vehicle matching the description of the one that left West Seneca on Clinton Street near Two Rod Road.

Following a traffic stop, Crawford was charged with felony DWI, three counts of endangering the welfare of a child and other traffic offenses. Crawford allegedly refused a breath test.

She was jailed in the Erie County Holding Center on $25,000 bail.

The children, ages 4, 3 and 17 months, were picked up by a relative.

Police now have a suspect in the case of shots fired on Tracy Avenue last Wednesday. It's the same person they've been looking for all along; he's now formally a suspect.

And he's also suspected of stealing a truck from Western NY Concrete on East Main Street prior to the shooting.

The truck was found on Ellicott Avenue about three hours after the shooting, according to Det. Richard Schauf, and police believe it's the same truck used by the alleged shooter on Wednesday. The truck is being checked for evidence.

There's no new information available on the suspect.

Police are also not saying how many shots were fired, just that several hit the car.

Detectives now want to talk to a third person they believe was in the car with the two 18-year-olds mentioned in previous reports. The third person is male and a teenager. He has not made himself available for an interview. It's not believed he was wounded during the attack.

Law enforcement agencies throughout Western New York have been advised to be on the lookout for the shooting suspect.

Police also continue to try and retrace the steps of the occupants of the car in an attempt to further the case.

The condition of a boy hit by a car on Washington Avenue last Wednesday has improved, according to Det. Richard Schauf of the Batavia Police Department.

Thirteen-year-old James Difalco is now listed in stable condition at Buffalo Women's and Children's Hospital, Schauf said this morning.

Difalco sustained a head injury when he reportedly ran into the street and was hit by a car. The driver has not been charged.

Joel Moreles-Cruz, 35, of 13 Jackson St., Apt. 2B, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unlicensed operation. Moreles-Cruz was stopped by officer Darryle Streeter at 1:54 a.m. on Christmas on Ellicott Street after police received a report that Moreles-Cruz was allegedly driving without a license.

Sharnice S. Gibson, 18, of 21 Wood St., Batavia, is charged with criminal attempt in the 1st degree. Gibson allegedly approached a woman she was barred from contacting and threatened her.

Steven Michael Chauncy, 19, of 10637 Pavilion Center Road, Pavilion, is charged with unlawful dealing with a child in the 1st degree. Chauncy is accused of hosting an under-age drinking party. He was arrested at 2:30 a.m. on Saturday.

Travis G. Hawley, 18, of Bergen, is charged with an alcohol control violation and petit larceny. Hawley was arrested by State Police for an alleged violation on Dec. 4. No further details were released.

Batavia Police are looking into a report that somebody broke into a construction trailer at 16 Bank St. and made himself a pot of coffee.

There is photographic evidence.

The suspect may be a homeless man asked to move along from the Post Office building yesterday.

Nothing, other than some coffee, appears to be missing from the construction trailer.

A 20-year-old driver involved in a 4 a.m. one-vehicle accident in Batavia is in very serious condition at Erie County Medical Center, according to a hospital spokeswoman.

Eslie J. Worthington, III, 20, was driving a 1998 Dodge Ram pickup westbound on Batavia-Oakfield Townline Road when the truck traveled off the south shoulder and struck a culvert.

Worthington was the only person in the truck. He sustained head injuries and was taken to ECMC by Mercy Flight.

The Sheriff Office reports that the investigation is ongoing, but that "alcohol appears to be a factor." Charges are pending.

The investigation is being conducted by Deputy Jason Saile, with deputies Kevin McCarthy and Frank Bordonaro along with investigator Timothy Weis and Sgt. William Scott of the Crash Management Team.

I know its the last week of December and also the year! There is snow on the ground and were tucked between two holidays, Christmas and New Years. We couldn't be any further away from baseball!   This is why it's more important now than ever that we think about our Batavia Muckdogs and the upcoming 2010 season. 

The Rochester Red Wings have been operating the Muckdogs the last two seasons and have stepped up to the plate and will operate the team again in 2010. I say stepped up to the plate because for two seasons the Wings have lost  a lot of money operating the Muckdogs. This is a critical time for our team. The Wings came on board at the last minute a few years ago when we were about to lose our pro team.  They really saved our team.  If Hollywood was involved, they probably couldn't have written a script any better. 'A Small city franchise since 1939 on the brink of losing its only pro team when a neighboring big city franchise saves the team.  Then its a magical year where for the first time in 45 years that small city wins a championship!'  It was a magical season, but  now after two seasons of operating in the "red" , you have to wonder how much longer the Wings can keep the Muckdogs in Batavia!

I have spoken with several people involved with the Red Wings and they all want this to work in Batavia. This is where I ask you, the citizens of Batavia and Genesee County to step up to the plate and support our only professional franchise.  If every business in our area bought just one pair of season tickets, that would be enough to save the team! Just one pair! Its a tax write off for the business and in turn they can use the tickets for their employees and a gift to other businesses they work with.  

A summer night at Dwyer Stadium is so much more then a night out at a baseball game. Dwyer stadium is really the only place left in our County that people can gather together in a community atmosphere and visit with old friends while making new ones. I worked for a small business in Batavia on Main st. for years. I used to hear all the time how our community would gather together on a Saturday night on Main st. and visit with old friends while making new ones! Dwyer stadium is our last place like that!  I can't tell you how much fun the social aspect is at Dwyer!  Also the cost for a family of four sitting together on a summer night outside compared to a night of sitting in the quiet dark movie theater is no contest! The Muckdogs win in price and entertainment every time!

Batavia has had pro ball since 1939. The league we play in was born right here at the Hotel Richmond!  Yes it has grown and moved on to bigger markets like Staten Island, Brooklyn and Aberdeen. How cool is it hat Brooklyn comes to Batavia to play pro ball?  How cool is it that a parent can bring their kids to a game where they can watch future MLB stars in our own backyard?

There are bigger markets that would jump at the chance of having a pro baseball franchise in their city.  We are lucky to still have ours and its up to us, the citizens and businesses of Batavia and Genesee County to hold onto ours!  I hope you consider stopping down to Dwyer in the coming month, the first of 2010, to show Rochester and the New York Penn League that were serious about keeping our franchise for many years to come!

The Batavia Lions Club has purchased a device that helps people with severe eyesight problems see better -- well enough to read a  book or continue with favorite hobbies.

The first person to get to use the device is Tamara Augello of Elba. Augello lost sight in her right eye due to complications from diabetes. While she relies on her left eye to see, that eye has been losing its vision.

The Lions Club has loaned her a $3,300 machine called a Topaz CCTV. It magnifies items, such as books, so that people using the machine can see to read.

Augello also enjoys needlepoint and the machine will help her complete some projects she's been working on.

“Not only can I read any book I choose, but also, my little grandson can sit on my lap while I read him all the books he loves," Augello told the club in a letter.

Half the cost of the machine was covered by a grant from the New York State and Bermuda Lions Foundation MD-20 Grant Program, and the remaining funds for the purchase were raised by local club members.

In a statement, the club said:

We wish Tamara many years of enjoyment as she uses this equipment to again do what she loves. We also encourage local people with special vision needs to contact the Batavia Lions Club. It is our goal to work hard to provide assistance to the visually impaired in our area.

Down to Earth Approach, a rock band that landed the coveted record deal, released two CDs, toured all over the country, and won over more than a few fans, was formed in Batavia a decade ago.

The band hasn't played together since 2007, but for tonight they've booked a reunion show at (the former) Main Street Coffee.  Tickets are $15 at the door and 10 percent of the proceeds will be donated to the Salvation Army.

The video above is from a previous show at Main Street Coffee.  There's more videos of the band on YouTube, including the fun one at the bottom of this post.

Pete Metzler, an original member of the band, e-mailed us this history of the group:

I, along with the other 4 members of the band are Batavia natives. We formed  in 2000 and after about a year or so we decided to go for it, and all dropped  out of college. We then packed up and moved to Los Angeles. We lived out  there for a couple years playing shows and trying to make a name for  ourselves and in late 2003 we signed a record deal with Vagrant Records. In  August 2004, our first record 'Another Intervention' was released. At that  point we commenced what turned into almost 4 years of touring the US and  Canada regularly. Over this time we played about 350 or 400 shows all over  the country including the entire Vans Warped Tour 2006. In 2007 we released  our second record 'Come Back to You'. Unfortunately life started to catch up  with us and we decided to call it a day right after our 2nd record was  released.

Here's the band's MySpace page, and more about the band on their record label's site.

Besides Metzler, band members include: John McCampbell, Daniel Shepard, Ryan McClurg and Jonathan Lullo.

Also on the bill tonight, The Hoodies and Justin Reynolds.

As many as 250 people will receive a free Christmas dinner today at T.F. Brown's, courtesy of the Mancuso family, Joe Teresi and the Lions Club. The tables for the noon meal were already near full just before 12. There were plenty of children there, too, all eager, surely, for Santa's visit.

Pictured is Pat Mancuso, son of Rick Mancuso. Pat is a sophomore at Medaille College and home on break.

 I thought I would finish out the series with a bit of humor. Thank you again to everyone who stopped by The Batavian booth and said hi.

Last night's shots fired on Tracy Avenue was likely no random act of violence, according to Batavia Police Det. Richard Schauf.

"Our investigation right now is leading us toward a possible relationship as opposed to a road rage incident," Schauf said during a press conference this morning. "Based on early investigation and comments that were made, it's looking more pointed than random."

At 10:30 p.m., two 18-year-old men were driving on Tracy Avenue being followed by a truck, when they pulled into a driveway to try and evade the tail, somebody in the truck opened fire on the car. The car, a 1999 Mazda 626, managed to plow through a snow bank and escape the scene of the shooting.

Neither occupant was injured. One of the victims is a Town of Batavia resident and the other is from the Village of Albion.

Police are looking for a person of interest and have sent bulletins to law enforcement agencies throughout New York.

Schauf said that based on the number of shots fired at the car, the shooting was intended to actually cause harm instead of just intimidating the young men. The two people may still be in some degree of danger with the shooter still at large.

The police have the name of the person of interest, but are not releasing that information.

While the 18-year-olds are being cooperative, Schauf said, their first statements were the most useful in identifying the person of interest.

"Initially in the excitement of it, there were some statements made by the victims that led to a person who might be of interest," Schauff said. "As the investigation has gone on it hasn't been as clear as it was during the initial excitement."

To help identify the likely shooter and uncover a connection, police are interviewing the youths as well as their friends to try and retrace their steps yesterday.

There is no definitive description of the shooter's truck, if it was indeed a truck. Police are unsure if  there was one person or more than one person in the vehicle.

Police would like residents to report any unusual driving they saw last night in the area of Tracy and East avenues. 

Shauna L. McDonough, 39, 504 West Center St., Beech Haven, N.J. is charged with DWI, aggravated driving with a BAC of .18 or greater and unlicensed operation. Sheriff's deputies responded to a report of a single-car accident on Route 63 off Fargo Road. The car was reportedly well off the roadway. Sgt. Greg Walker investigated the accident and determined that McDonough was traveling at an unsafe speed and was allegedly driving drunk.

A 17-year-old girl from Batavia has been charged with petit larceny. She allegedly stole from her employer, Kmart.

Tammy J. Alexyn, 34, of 48 Longs Lane, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and driving left of the pavement markings. Alexyn was stopped on Brown Road in the Town of Batavia by Deputy Jason Saile at 1:34 a.m. today.

Kristy L. Sherman, 23, of Bloomfield, has been charged by State Police with harassment. The alleged harassment took place in Le Roy Dec. 18 at 8:31 p.m. No further information available.

An Oak Street resident is accused of assaulting his girlfriend both in her car and later at the Batavia Police station, where she had gone to report the first alleged attack.

Michael P. Gattuso, 28, of 108 Oak St., upper, was jailed on $1,000 bail after being charged with assault in the 3rd degree and criminal mischief in the 4th degree.

Gattuso is accused of punching out the windshield of his girlfriend's car, hitting her in the head and then following her into the police station after she drove there to report the crime. Once inside the police station, while his girlfriend was on the phone with Genesee County dispatchers, Gattuso reportedly started punching her in the head again.

The alleged attack occurred at 5:50 p.m. yesterday.

Several police officers responded to the station and took Gattuso into custody.

Police responded to a report of shots fired in the City of Batavia at 10:30 last night and say that a car was struck by the bullets.

Investigators reportedly have identified a person of interest in the case.

There were no injuries reported.

Area law enforcement agencies have been notified to be on the look out for the person of interest and warned that the person may be armed.

UPDATE 8:54 a.m.: Police have released additional information about the case.

The car that was shot at was occupied by two 18-year-old men. They reported being followed by what appeared to be a pickup truck on Tracy Avenue.

In an attempt to get away from the pickup truck, the driver pulled into a driveway. It was then that a person in the truck fired at the car. The driver plowed through a snow bank to try and get away.

Neither occupant was struck, but the car was damaged. Police are examining the car in an attempt to recover any evidence.

Batavia Police are planning at press conference at 11 a.m. to answer media questions and release any new information, if available.

A 13-year-old boy apparently ran out in front of a car near the intersection of Washington and Tracy avenues in Batavia yesterday evening and was hit by the vehicle.

He was taken by Mercy Flight to Children's Hospital in Buffalo with a head injury.

The boy is identified as James N. Difalco, of 41 S. Main St., Batavia.

The accident was reported at 6:38 p.m.

No charges have been filed against the driver, but the investigation is continuing.

UPDATE: Relatives tell WBTA that James is in guarded condition.

A traffic stop by State Police on Bank Street near College Road about 7:30 this morning led to the detention of 12 individuals who may have entered the country illegally.

All 12 are from Mexico, according Mike Gilhooly, spokesman for Immigration Control Enforcement.

Ten of the individuals were turned over to the U.S. District Attorney for criminal prosecution, one suspect is already awaiting a court hearing on a previous charge of entering the country illegally and the 12th was a minor who was turned over to the Office of Refugee Resettlement for processing.

One of the group had previously been deported, Gilhooly said.

The names of the individuals were not immediately available.

The driver of the white van was not picked up by immigration, Gilhooly said. He referred us back to State Police for information on that person and we are awaiting an answer to our e-mail on that subject.

Thank you to a reader tip for bringing this item to our attention.

Use caution when traveling through the intersection of Jackson and Ellicott streets. A police officer reports both northbound green lights are out on Jackson.

Repair crews are being summoned.

Brandon C. Dodd, 23, of 128 1/2 State St., Batavia, is charged with petit larceny. Dodd is accused of stealing two video games from his roommate and selling them for cash at a local video game store.

Edwin Morales, 52, of 11293 Ridge Road, Medina, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morales was stopped on Route 63 in Alabama after Deputy C.J. Minuto observed Morales's vehicle allegedly cross the center double yellow line.

Kenneth W. Bater, 18, of 7795 Creamery Road, Bergen, is charged with DWI, consumption of alcohol in a vehicle and driving with a BAC of .08 or greater. Bater was arrested after Deputy Frank Bordonaro responded to a report of a suspicious vehicle at the side of the road on Creamery Road in Bergen. A passenger in the car, Kenneth E. Hale, 18, of 6101 North Lake Road, Bergen, was also charged with consumption of alcohol in a motor vehicle.

UPDATE The following is additional information on an accident we reported previously, and we just received the information from the State Police:

Steven M. Smith, 21, of Batavia, is charged with DWI and aggravated DWI. Smith reportedly hit two parked cars in the area of the old 84 Lumber store on Ellicott Street at 12:58 p.m., Sunday.