batavia

A dirt bike rider has reportedly been injured at Area 51, 5100 Harloff Road, Batavia.

The rider lost consciousness but is awake, though disoriented.

Mercy Flight is on ground standby.

East Pembroke Fire and Oakfield Ambulance responding.

UPDATE 8:19 p.m.: The patient is now reportedly unconscious. Mercy Flight dispatched.

UPDATE 8:28 p.m.: Mercy Flight 5 in route.

UPDATE 8:30 p.m.: Patient is conscious and alert, complaining of hip and shoulder pain.

UPDATE 8:32 p.m.: Mercy Flight 5 is on the ground.

UPDATE 8:44 p.m.: Mercy Flight is flying to Erie County Medical Center.

A mulch fire is reported at the ESL Federal Credit Union on Veterans Memorial Drive. Town of Batavia Fire Department is responding.

UPDATE 4:49 p.m.: A fireman on scene reports it is a small mulch fire and calls for a brush truck to respond in non-emergency mode.

UPDATE 5 p.m.: The fire is out. Town of Batavia is back in service..

There is reportedly a magazine sales company working in the area and residents in Batavia and Oakfield (I think Oakfield) have called to complain about sales rep activity.

Reps from the same company were in town last week and were told to get a permit from the City of Batavia. Batavia, as well as some other jurisdictions in Genesee County, require door-to-door sales reps to have permits.

This morning, a dispatcher checked with the city and there is allegedly no permit on file.

Sales reps can reportedly earn a trip to Rome if they do well with their sales.

UPDATE 2:04 p.m.: There was an inquiry as to whether the individuals could be charged for soliciting without a permit and a dispatcher replied, "I know you're going to find hard to believe, but their team leader isn't picking them up." Officer: "I'm shocked." The rep that was out with the officer says he just wants to return the money from the sales and their receipts and call it a day.

Jason D. Lang, 28, of 244 Liberty St., Batavia, is charged with falsely reporting an incident, 3rd, and aggravated harassment, 2nd. Lang is accused of calling 9-1-1 at 12:13 a.m., Saturday, to report hearing gunshots at a local hotel. Lang allegedly made the call twice. Batavia PD determined there were no gunshots at the hotel. Lang allegedly made several more calls to 9-1-1 "for no legitimate purpose." Lang was jailed on $5,000 bail.

Jamie E. Andrews, 28, of 15 School St., Batavia, is charged with reckless endangerment, 2nd, and assault, 3rd. Andrews is accused of driving on Swan Street and deliberately striking an acquaintance with her car. The alleged victim was treated and released at UMMC with a minor injury.  Andrews was jailed on $5,000 bail.

Philip A. Dodson, 21, of 662 N. Plymouth Ave., Rochester, is charged with harassment, 2nd. Dodson was arrested in Monroe County and turned over to Batavia PD. Dodson was arraigned in city court and released.

Tara L. Hall, 33, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Hall is accused of threatening a neighbor during an argument.

Chad M. Johnston, 26, of 111 Liberty St., Batavia, is charged with criminally possessing a hypodermic instrument. Johnston is accused of possessing a hypodermic instrument inside his residence.

Luke W. Ritzenhaler, 29, of 67 Oak St., Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Ritzenhaler is accused of being in a fight at a location on Oak Street where he allegedly picked up another person and also threw an object at that person. He also allegedly damaged molding around a doorway.

Bruce V. Wiseley, 64, of 30 S. Main St., Batavia, is charged with disorderly conduct. Wiseley is accused of becoming unruly while at a business on West Main Street and shouting obscenities at employees.

Lyle Robert Henderson, 29, of Lakeview Avenue, Syracuse, is accused of a family court violation. Henderson was arrested in Oneida County and turned over to the Genesee County Sheriff's Office. Following arraignment, Henderson was jailed on $4,000 bail.

A man who suffered an apparent head injury in an accident early Sunday morning on Route 33 and was flown by Mercy Flight to Strong Memorial Hospital is being accused of driving drunk and trying to flee the scene of a personal injury accident.

Lawrence D. Boggs, 23, of West Main Street, Batavia, reportedly was helped out of his overturned vehicle at 12:19 a.m. and then tried to run down Wortendyke Road.

He was grabbed and detained by the driver of the other vehicle involved in the accident.

Boggs is charged with DWI, leaving the scene of a personal injury accident, speeding, failing to stop at a stop sign and unlicensed operator.

He is listed in stable condition at Strong.

The other driver, whose name was not released by the Sheriff's Office, was transported to UMMC with a minor injury, treated and released.

Boggs was driving a 1999 Dodge van southbound on Wortendyke Road when he allegedly failed to stop for a stop sign and stuck a 2008 Hummer eastbound on Route 33.

The van traveled off the roadway into a ditch and overturned.

The driver of the Hummer and other witnesses helped Boggs get out of the van.

The accident was investigated by Deputy Howard Carlson.

Assisting at the scene were other deputies, State Troopers, Mercy EMS, Mercy Flight and the East Pembroke Volunteer Fire Department.

(Initial Report)

A fight in progress is reported at Austin Park in the city. Police just arrived.

UPDATE 7:01 p.m.: "You better swing down. It's a pretty large gathering," says an officer on scene to another. The incident had migrated toward Jefferson, then to Washington and Bank, verbal at that point. "It looks like now they're dispersing."

UPDATE 7:04 p.m.: There were estimated to be 30 or 40 people involved. "Now they're at Summit, looks like a fight is going on there."

UPDATE 7:13 p.m.: Now the group, or what's left of it, is moving back to Austin Park and an officer is remaining on scene to monitor the situation.

A rollover accident with multiple injuries is reported at Route 33 and Wortendyke Road, Batavia.

East Pembroke Fire Department and Mercy EMS are dispatched.

UPDATE 12:30 a.m.: Not sure if this is related, but a dispatcher informs a deputy that another deputy "has the subject detained on Wortendyke."

UPDATE 12:33 a.m.: Mercy Flight on ground standby.

UPDATE 12:39 a.m.: Mercy Flight #5 requested to the scene.

UPDATE 12:50 a.m.: Mercy Flight #5 on the ground.

UPDATE 1:02 a.m.: Mercy Flight #5 in route to Strong.

UPDATE 1:08 a.m.: One patient being transported by Mercy EMS to UMMC with a minor leg injury.

UPDATE 1:15 a.m.: East Pembroke back in service. Mercy Flight is on the ground at Strong.

A man who is a passenger on a Trailways passenger bus on Park Road in Batavia is reportedly threatening to shoot people once the bus arrives at its destination in Rochester. The bus driver is in a store asking that the man be removed from the bus. The suspect is described as 6 feet tall, wearing a yellow shirt and is said to be sitting in the seat right behind the driver. Multiple law enforcement units are responding.

UPDATE 12:48 p.m.: A Mercy ambulance is dispatched to the deli at 8204 Park Road to transport the man who allegedly made the threats to a mental health facility for evaluation.

People of all ages were entertained in Jackson Square on Friday night as Penny Whiskey kicked off the 2012 season of Concerts in the Square.

The calendar of upcoming shows is posted here.

A motor-vehicle accident with injuries is reported at Oak Street and Richmond Avenue. One person is complaining of a chest injury. City firefighters and Mercy EMS are responding.

UPDATE 6:26 p.m.: There are two vehicles involved. One person requires extrication.

UPDATE 6:39 p.m.: The patient has been extricated.

UPDATE 7:36 p.m.: One patient was transported to a hospital. City fire is back in service.

Attention Batavia Kmart shoppers -- There's a doggie on the loose in the store! A Sheriff's deputy is trying to track down the canine now.

This was an interesting sight over Batavia this evening -- at 7:21 p.m. -- a rather large jet getting refueled. I only had a 270mm zoom lens on my camera and this photo is blown up quite a bit, but I can't see any markings on the white plane. 

A car crashed into a bridge on the eastbound Thruway at mile marker 389 or at 384.3. There are believed to be injuries but there are conflicting reports as to the location. Town of Batavia and Le Roy fire units are responding along with Mercy EMS.

UPDATE 5:38 p.m.: The location is determined to be mile marker 384.6 eastbound. Traffic is starting to back up. One car is blocking the driving lane. "It's the bridge over the creek."

UPDATE 5:41 p.m.: This is in Le Roy's fire district. Town of Batavia is returning to service. A fireman on scene says the driver is just shaken up but there are no serious injuries. A medic will evaluate her.

Frank Kulikowski has been planning and preparing to open his own design studio since 2008.

The Batavia native graduated from The Art Institute of Pittsburgh in 2005, worked in the design field with other companies, designed and patented a product that's sold on QVC and then returned to Batavia with the idea of taking all he's learned and opening his own business.

Kulikowski did that this week when he opened Frankly Design at the corner of Ellicott Street and Otis Street. (His shop is right behind Foxprowl Collectables and Affliction Ink -- decades ago, the building was the location of Ellicott Street Manor, a restaurant owned by Kulikowski's grandfather.)

Frankly Design's services include logo creation, complete design services for business branding and marketing, laser engraving and product design.

Laser engraving and product design are two areas in which Kulikowski believes he can carve out a unique niche in Batavia.

Kulikowski said he can engrave any sort of wood, glass or other hard surface with logos or messages of personal interest -- such as a headstone for a deceased pet or a cutting board as a custom anniversary or wedding present, or companies and sports organizations might need glass or acrylic awards.

Fans of QVC might recognize Kulikowski's most successful product design project. In 2008, Kulikowski came up with the Tilt-Pot. It's a pot with a pivoting strainer. The design gives cooks an easy way to boil food, such as pasta, and then drain the water without losing any food or getting scalded.

There's no other product design studio in Batavia, Kulikowski said, and he has the background and knowledge to help a product idea get from a concept to a design on paper and finally a prototype that can be shown to companies that might build or market the product.

"I like taking products and making something that’s never been made before," Kulikowski said. "It’s like, ‘Why don’t they make it this way?’ and then take it to the next step, make a prototype, pitch it to companies."

Kulikowski's new business is located at 440 Ellicott St., Batavia, and his phone number is (585) 343-6336.

Eric Olson retires from the Sheriff's Office tomorrow. Rather than The Batavian writing an article as we might otherwise do, he asked that we publish this photo of him with his son and this letter to the community:

Out with the old and in with the new…

My career with the Genesee County Sheriff's Office began in August of 1975. I was hired as a dispatcher. Seven months later I was sworn in as a Deputy Sheriff and was assigned to the jail. In August of 1978 I was assigned to the road patrol. In August of 1984, twenty-seven years ago, I was appointed to my current position as the Warrant Officer.

The Warrant Officer position was originally created and funded through the New York State Department of Criminal Justice Service and named S.W.E.E.P. (Special Warrant Enhancement Enforcement Program) The goal of the program was to provide funds and resources to law enforcement agencies throughout New York State to aggressively pursue wanted individuals on outstanding warrants. Although the S.W.E.E.P. funding was terminated in March of 1988, the Sheriff's Office determined that the results merited local funding, and the program has been continued to this day.

Serving as the Warrant Officer for the Genesee County Sheriff's Office has been a most rewarding experience. In time, though, I began considering retirement. My son, however, had thoughts of entering law enforcement. I determined that I would not end my career until he was well into his. Ryan has been a New York State Trooper for 5 years now assigned to Painted Post (Corning). I hope that our shared conversations have been useful to him, that they have given him insights into the field that he would otherwise not have had access to. In this sense, then, my work has been for both my community as well as my son.

My retirement plans, such as they are, consist of only two goals: to remain healthy and spend more time with my family. My wife, Judy, my daughter and son-in-law Melissa and Jason Armbrewster and their son, my grandson, Evan, and my son Ryan and his new bride, Kelley, can expect to see a great deal more of me in the immediate future.

Press release:

Batavia Downs officials have announced the names of the five students selected by their high schools to participate in the 2012 college scholarship race.

They are: Lindsay Hilburger -- Notre Dame of Batavia; Sonia Nevinger -- Alexander; Jessica Levins -- Batavia; Jamie Marshall -- Elba; and Leanne King -- Pembroke.

The race will be held on Sept. 15, between the fifth and sixth live harness races at Batavia Downs. Approximate post time for the scholarship race is 7:45 p.m.

A total of $7,500 in college scholarship funds will be given to each high school student in the dash for cash. The race will be conducted at one mile -- two laps around Batavia Downs' historic half-mile oval.

“We're thrilled to provide additional scholarship funds to area high school students,” said Todd Haight, general manager of Batavia Downs. “This coincides with the contributions made daily by Batavia Downs Casino to the New York state lottery for education.”

All students are required to practice at least five times during the month of August with the driver/trainer they will be teamed up with. This exposes the student to the full equine experience associated with the racing industry.

Scholarship breakdowns are as follows: $3,000 to the winner; $2,000 for second; $1,200 for third; $800 for fourth; and $500 for fifth. Scholarships are not equine specific and can be used for any higher education.

The event is a partnership of Batavia Downs Casino, Buffalo Raceway, Harness Horse Breeders of New York and the Western New York Harness Horsemen's Association.

The 66th season at America’s oldest lighted harness track gets under way on July 23 with a new post time of 6:25 p.m.

Press release:

The Batavia Business Improvement District (BID) has released its Summer 2012 line-up for the “Friday Night in the Square” Jackson Square concerts. For more than 12 years, the BID has provided free concerts downtown to make our community a fun and active place to play. 

The "Friday Night in the Square" concert series begins June 29 and ends Aug. 31. Time is 7 to 9 p.m. The square is located in the alleyway of Jackson or Center streets. Bring your own seating. Food and refreshments will be available for sale. If it's raining, venue changes to Batavia City Centre, inside the mall.

The following is the concert schedule for “Friday Night in the Square”:

Friday, June 29 --  Penny Whiskey (Celtic/Folk)
Friday, July 6 – Bonnie & Collide ( R & B)
Friday, July 13  -- Skiffle Minstrels (Country/Cajun)
Friday, July 20  – Ghost Riders (Country)
Friday, July 27 -- 78 RPM (Big Band)
Friday, Aug. 3 – Kelly’s Old Timers (Country)
Friday, Aug. 10 – OHMS Band (Rock)
Friday, Aug. 17 – John Cole Blues Band (Blues)
Friday, Aug. 24 --  Jack Civiletto “Sinatra” (Sinatra)
Friday, Aug. 31  – Craig Wilkins (Country)

***Also, the Ramble Music & Art Fest will take place from 11 a.m. to 9 p.m. on Saturday, July 7, at Jackson Square.

For more information contact the BID office at 585-344-0900 or visit our Web site at www.downtownbataviany.com. Be sure to like us on our Facebook page – Downtown Batavia Business Improvement District -- so that you can keep up with events and updates.

In Genesee County Court today, attorney Earl Key, representing Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, asked Judge Robert C. Noonan a series of specific questions about how juries are selected in his courtroom.

Key was there with co-counsel Ann Nichols and Simmons for a hearing on motions filed by the defense and as things were wrapping up, Key wanted to be sure he understood Noonan's ground rules.

The information will be important because outside of court after the hearing, Key told reporters, "I definitely intend to go to trial."

From the time Key was first retained to represent Simmons, he's said there's more to the case than has been reported in the media.

Asked to elaborate, especially in context of having now reviewed video surveillance tapes from Dec. 24, Key's only example of misinformation was that it's been reported that the victim, Walmart employee Grace Suozzi, was near the front door working as a greeter. She was actually working as a cashier that day.

Asked if the tape showed anything else, such as whether Souzzi grabbed the bag from Simmons, Key said, "I'll let that come out at trial."

Today's hearing was scheduled to cover a series of motions filed by Key, including a challenge to the constitutionality of a section of New York law that makes it a felony for a younger person to hit somebody over age 65.

This motion was supposed to be heard a week ago, but the Attorney General's Office was not notified of the challenge as required by law.

The AG's office has now been notified, but the letter did not include notice of today's scheduled hearing, so Noonan set another date, July 16, for the hearing.

Noonan said if history is any indication, the AG's office will not send a representative to the hearing, but rather write the court and inform Noonan that it opposes the challenge but reserves the right to appeal if Noonan finds the law unconstitutional.

This is at least the second time the law has been challenged by a defense attorney. The first time was in Queens, and that attorney lost his motion, but Key said he's raising two additional matters not addressed by the previous attorney.

While he declined to elaborate on the differences, Key said the main issue he is challenging is the vague language of the statute.

"It's vague in meaning and unclear," Key said. "It’s unclear if our client had to know if the alleged victim was 65 years of age. That’s the real question here."

If there is a trial, jury selection will begin Aug. 20 in county court.

The July 16 hearing will also be the last opportunity for Simmons to accept any possible or potential plea offer. If no plea agreement is reached before Simmons leaves court July 16, she will either go to trial or have to accept an unconditional plea.