batavia

A reader submitted this video of a car fire this morning at Main And Oak streets, Batavia, in front of Oliver's Candies.

An accident with injuries is reported on West Main Street Road, east of Wortendyke Road, Batavia.

East Pembroke fire and Mercy EMS responding.

UPDATE 4:19 p.m.: East Pembroke assignment is back in service.

An ambulance is requested to Swan and Ellicott for a subject with stab wounds.

Police are on scene.

A few minutes before there was a reported of an individual saying he was going to kill somebody and an officer was chasing a black male, bald, in a blue jacket.

Multiple police units are in the area.

UPDATE 12:04 a.m.: One person is in custody.

UPDATE 1 a.m.: The apparent stabbing victim left the scene with another individual while police chased a person they believe was the suspect in the stabbing. The possible suspect ran through the neighborhood but managed to return to the residence where the alleged stabbing took place and went into the basement. He was then spotted crawling out of a basement window (see second picture) and taken into custody. He has not yet been charged with a crime because the alleged victim was not available to interview by the time he was taken into custody. He was taken back to the station for questioning. The stabbing victim, as of 12:30 a.m., hadn't shown up at UMMC but he may be from Rochester and may have tried going to a Rochester-area hospital. There's no information available on how serious the wounds might be. There were no other suspects, no other people taken into custody, and no other injuries reported either to civilians or police.

  James Grazioplene

A retired Army general who was born in Batavia, attended Notre Dame High School, and was nominated by the late Rep. Barber Conable to attend West Point, has been accused by his grown daughter of sexual abuse that started when she was a toddler and continued into her high school years.

The Army attempted to court-martial Maj. Gen. James J. Grazioplene, 69, who retired in 2005, last year. But a judge ruled the statute of limitations had run out under the Uniform Code of Military Justice, even though there was otherwise enough evidence to prosecute Grazioplene.

While Grazioplene avoided a court-martial, civilian authorities took up the investigation and Grazioplene was arrested Dec. 7 following an indictment by a grand jury in Prince William County, Va., on multiple counts of rape and incest.

Jennifer M. Elmore, 47, a Virginia resident, told the Washington Post, which broke the story, her earliest memory of sexual abuse was when she was 3 years old and at her grandmother's house in Le Roy.

The military's investigation focused on events from 1983 to 1989. Virginia authorities concentrated on events in 1988 and 1989, when the family lived in Woodbridge, Va., where Elmore attended high school in her junior year.

According to the Post, Grazioplene has denied the charges, telling a reporter in September, “The charges are false and incorrect." Grazioplene and his attorney have declined to comment on the case otherwise.

Like many news organizations, the Post does not typically reveal the names of victims in sexual crimes but Elmore told the Post she wanted to go public.

According to the Post, reporters interviewed Elmore, other family members, including Grazioplene 's sister, coworkers, and reviewed letters, all of which corroborated some of Elmore's version of events.

Elmore said she's been estranged from her parents for years and her parents have tried to bridge the gap. She decided to tell the military about the alleged abuse in 2015 after a phone call where her parents apparently again tried to talk her into being part of the family again and her father said, according to Elmore, that “the only thing worse that I could have done to you is murder you.”

Grazioplene was nominated to West Point by Conable in 1967. He received a Bachelor of Science degree from the academy in 1971. His LinkedIn profile says he is currently CEO at Mission Readiness LLC. He's also worked for Total Life Cycle Support and DynCorp. International.

There's yet another delay in the case of Becky L. Frens, former owner of "Maya," who is charged with "overdriving, torturing and injuring an animal; failure to provide proper sustenance."

Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Frens was in court this morning wearing eyeglasses, a bright purple jacket, black cargo pants, black boots, and when her name was called, she stood unsmiling before Batavia Town Court Judge Michael Cleveland. An associate from the law firm of Friedman & Ranzenhofer, attorney Samuel Alba, accompanied her to the bench.

The prosecution requested and was granted a postponement in the dog neglect case so they could interview an animal control officer. Thus, it's now on the Batavia Town Court calendar for 1 p.m. on Monday, Jan. 28.

Previously, on Oct. 22, the matter was held over so Frens could provide more documentation, ostensibly of her efforts to aid the 3-year-old Labrador retriever mixed breed prior to her arrest by State Police on July 10.

Maya was found by Frens' neighbors across the street from her Pearl Street Road home on July 9. They called the law after discovering the canine standing feebly by the roadside. The neighbors said the dog was extremely dehydrated and malnourished; it drank four bottles of water and ate multiple bowls of food right away. They said the dog's paws were in such bad shape it could barely walk.

Frens, who is in her mid-50s, went to retrieve the animal from the shelter the following day but was arrested instead (mugshot, inset photo). 

Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and uncut nails so long they were cutting into the pads of her paws.

Maya's very poor physical condition was caused by neglect, according to Volunteers for Animals, citing veterinary reports.

Maya was adopted a couple of months ago after vets and the volunteers got her health back on track.

Antwan L. Odom is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Aug. 4 in the area of Ross Street in the City of Batavia that Odom -- with intent to cause serious physical injury to another person -- caused such injury by means of a dangerous instrument -- a knife. In count two, Odom is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a "dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or other dangerous instrument with intent to use the same unlawfully against another."

Michael D. Kopyscianski is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 19 in the Town of Darien that Kopyscianski possessed lysergic acid diethylamide (LSD -- a hallucinogenic drug) with intent to sell it. In counts two and three, respectively, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing alprazolam (the generic of Xanax) and suboxone (treats opioid addiction). In Special Information filed by the District Attorney's Office, Kopyscianski is accused of having been convicted of criminal possession of a controlled substance, 7th, on Jan. 3, 2013, in the City of Saratoga Springs Court and also on May 6, 2005, in City of Newburgh Court.

Jeffrey A. Youngs is indicted for driving while in intoxicated, as a Class E felony. It is alleged that on Oct. 27 Youngs drove a 2003 Toyota on Route 98/Oak Street in the Town and City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In count three, he is accused of the offense of driving across official markings -- a vehicle and traffic violation. In count four, Youngs is accused of consumption or possession of an alcoholic beverage in a motor vehicle on Oct. 27. In Special Information filed by the District Attorney's Office, Youngs is accused of having been convicted by DWI as a misdemeanor on June 12, 2017, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Josh J. Peterman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 28 in the Town of Darien that Peterman drove a 1998 Honda on Park Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In Special Information filed by the District Attorney's Office, Peterman is accused of having been convicted of DWI, per se, as a misdemeanor on June 28, 2012, in City of Binghampton Court and that convicted was within 10 years of the crimes alleged in the current indictment.

      Patrick Hackett

A police officer did not violate the rights of a sex offender when he sent a text message to the suspect's mobile phone upon his arrest to confirm the defendant had used the phone to exchange messages with his victim, and unknowingly, with police, an NYS appeals court has ruled.

Patrick M. Hackett, 44 at the time of his arrest, was accused in May 2013 of having sexual intercourse with a teenage girl in Batavia. He was later indicted on a single count of rape, 3rd, for being more than 21 years old and having sexual intercourse with a partner who was less than 17 years of age.

Hacket was convicted by a jury Nov. 13, 2014, and later appealed the use of his text messages as evidence against him, which was instrumental in his conviction.

"Although there is a lack of medical, scientific, or other physical evidence of the crime, the jury saw incriminating text messages from (the) defendant to the victim in which he admitted that he engaged in sexual intercourse with her and professed his love to her," the justices of the Appellate Division, Fourth Judicial Department, wrote in their decision. "In addition, (the) defendant’s trial testimony in which he denied having sexual intercourse with the victim was not credible inasmuch as he provided the jury with improbable explanations for the incriminating text messages."

The charge against Hackett arose after his victim reported the sexual intercourse to police. She cooperated in the investigation and agreed to send Hackett a text message. Once he responded, a police officer used her phone to exchange a series of text messages with Hacket.

When the officer arrested Hackett, the officer used his mobile phone to send a text message to Hackett's phone. Hackett's phone either vibrated or made a noise and the officer could observe that his text message had arrived at the phone. At that time, the officer did not open the phone and view the text messages. A search warrant was later obtained.

In his appeal, Hackett said the text messages should not have been admissible at trial because the officer's actions at the time of arrest, he said, constituted an illegal search and seizure.

Hackett's appeal relied on a 2014 case, Riley v. California. Riley, a Supreme Court ruling, determined that a search warrant, based on probable cause, is required for police to search a suspect's mobile phone.

The appeals court ruled that the Riley case does not prohibit officers from sending text messages to the defendant and making observations of the defendant's phone and that the court in Riley found that officers can observe physical aspects of the phone.

Further, the text message sent by the officer was not part of the police officer's application later for a warrant to search the phone and there was sufficient probable cause to obtain the warrant.

The court also ruled that Hackett received competent representation from his defense attorney at trial, who was successful in suppressing some evidence the prosecution tried to enter into the record.

It also did not violate Hackett's right to a fair trial by allowing testimony about Hackett providing his victim with alcohol prior to their sexual contact, even though he was not indicted on that "bad act." The court ruled the incident helped complete the narrative of events leading up to the crime on the night in question. The court ruled the exclusion of this information would not have changed the outcome of the trial given the overwhelming evidence of Hackett's guilt. Testimony about the drinking, the court ruled, was "harmless."

At the time of his arrest, Hackett was already a registered sex offender. He was convicted in 1993 in Cattaraugus County of kidnapping and rape in the first degree.

On his local conviction, he was sentenced to three and a half year to four years in prison. He is scheduled to be released in November.

Debra Lynn Mattoon, 39, of Batavia-Oakfield Townline Road, Oakfield, is charged with fourth-degree grand larceny, petit larceny and third-degree identity theft. On Dec. 15, following the investigation into a larceny that occured in the City of Batavia at 2:15 p.m. on Dec. 3, Mattoon was arrested on the charges. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. She is due back in city court on Dec. 21. The case was handled by Batavia Police Officer Kevin Forsyth.

Jacob Joseph Camerera, 27, of North Street, Batavia, is charged with criminal possession of stolen property, 4th, after he was allegedly found in possession of a firearm at 8:45 a.m. on Nov. 19 which had previously been reported stolen. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Chad Minuto.

Joseph A. Ciociola Jr., 20, of Pembroke, was arrested at 9:56 a.m. on Dec. 5 by troopers out of SP Batavia and charged with: criminal possession of a weapon, 4th; unlawful possession of marijuana; and possession of a loaded firearm in a motor vehicle; he was also cited with vehicle and traffic violations. Troopers stopped Ciociola on Akron Road in the Town of Pembroke for speeding. While interviewing Ciociola the odor of marijuana was allegedly present. During a probable-cause search of his vehicle, Ciociola was allegedly found to be in possession of marijuana, brass/metal knuckles, and two loaded and chambered firearms. Ciociola was issued appearance tickets and he is scheduled to appear before the Town of Pembroke Court later this month. 

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with two counts of criminal contempt in the first degree. He was arrested on Ellicott Street in Batavia at 3:30 p.m. on Dec. 12 for allegedly violating an order of protection on two different occasions. He was arraigned and jailed without bail and was due in Batavia City Court on Dec. 13. The case was handled by Batavia PoliceOfficer Peter Flanagan, assisted by Sgt. Eric Bolles.

John Albert Snook, 30, of Oak Orchard Road, Albion, is charged with first-degree criminal contempt and unlawful possession of marijuana. At 2:20 a.m. on Dec. 15, Batavia police responded to a Jackson Street apartment for a 9-1-1 hangup call. While on scene, patrols discovered that Snook was on location in violation of a stay-away order of protection; he was also allegedly found to be in possession of marijuana. Snook was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 17). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.

Press release:

With the holiday season fast approaching the Batavia Police Department would like to take a moment to remind our City's residents to lock their car doors, along with the doors and windows of their residence.

If someone should come to your residence requesting to enter to check your utilities, or to "take a moment of your time" ask to see credentials or identification. Do not let them in your house. If they appear to be overly aggressive, please contact the Batavia Police Department and we will gladly respond.

To view 1 Mill St., Batavia, please click here for more information and photos.

To view 345 W. Main St., please click here for more information and photos.

Joe Head performed at the Holland Land Office Museum on Friday night, playing a selection of traditional and contemporary Christmas songs.

Dr. Tom Mazurkiewicz, a chiropractor with an office at 184 Washington Ave., Batavia, is conducting his annual toy drive, with new, unwrapped toys donated at his office going to the community Christmas dinner at T.F. Brown's and a Christmas party at City Church's St. Anthony's location on Tuesday.

Stop by his office tomorrow (Saturday) between 8 a.m. and 11 a.m. with a toy for a child and receive a free adjustment. 

Donations will be accepted his office until Dec. 15.

Photo: Dr. Tom Mazurkiewicz and Ryan Macdonald, City Church.

Press release:

Stop by and visit The Gift Shop, located in the Senior Center at 2 Bank St. in Downtown Batavia between the Arts Council and the YMCA.

The daily display of reasonably priced unique gifts, women's accessories including scarves, ponchos, purses, and jewelry is ever changing and now dressed up for the holiday season.  

Come and enjoy this charming shop and meet the friendly volunteers and staff. The gift shop is easily accessed and open to the public from 9 a.m. to 4 p.m. Monday through Friday.

Browse, and take home fun gifts galore for your loved ones. The bright, beautiful apparel, seasonal housewares and decorations will be perfect for you, your family and friends. 

The proceeds are devoted to providing popular wellness activities for our local older adult population giving them affordable opportunities to socialize and participate in community-related trips, local events, and activities offered throughout the year.

For more information, please call 585-343-1611 and ask for Mary.

Clients of Arc of Genesee Orleans dropped off bags full of gifts today for annual WBTA toy drive at Ken Barrett's Chevrolet and Cadillac, which benefits local children through the Salvation Army.

Among the other large donations to come in this morning was seven bags of toys from the employees of Oatka Milk Products in Batavia.

WBTA co-owner Dan Fischer said that by 11 a.m. it looked like as many toys had come in so far as had been received by the end of the day last year.

The toy drive runs until 4 p.m., so plenty of time as of this posting (at 1 p.m.) for you to run down to Adam Miller and load up on toys to donate to the Salvation Army for local children who might otherwise receive little or nothing for Christmas.

Note about the videos below: The audio quality is not great. We have hardware coming by next week that will fix this for future videos.

Cub Scout Pack 112 is looking for donations of nonperishable food items for a holiday food drive. The items will be donated to the Jackson School Elementary Backpack Program for children in need. 

If you received a hanger on your door you can leave the food outside for pick up this Saturday, Dec. 15^th. If you did not receive a door hanger and would like to donate, please send an email to dtvburns@yahoo.comwith an address for pick up this Saturday.